Dáil Éireann

Vol. 699 Tuesday, No. 1 19 January 2010

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Tuesday, 19 January 2010.

Ceisteanna—Questions Taoiseach ………………………………… 1 Minister for Social and Family Affairs Priority Questions …………………………… 11 Other Questions …………………………… 23 Adjournment Debate Matters …………………………… 28 Leaders’ Questions ……………………………… 29 Requests to move Adjournment of Dáil under Standing Order 32 ……………… 37 Order of Business ……………………………… 39 Message from Seanad ……………………………… 50 Message from Select Committee ………………………… 50 Ministerial Rota for Parliamentary Questions: Motion ………………… 50 Horse and Greyhound Racing Fund Regulations 2010: Motion ……………… 50 Banking Crisis: Statements …………………………… 51 Private Members’ Business Banking Crisis: Motion …………………………… 71 Adjournment Debate Adoption Services……………………………… 91 RoadNetwork……………………………… 94 Pension Provisions …………………………… 97 Questions: Written Answers …………………………… 101 DÁIL ÉIREANN

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

TUAIRISC OIFIGIÚIL OFFICIAL REPORT

Imleabhar 699 Volume 699

Dé Máirt, 19 Eanáir 2010. Tuesday, 19 January 2010.

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

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Paidir. Prayer.

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Ceisteanna — Questions.

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Innovation Task Force. 1. Deputy Leo Varadkar asked the Taoiseach the number of times the task force on innovation has met; the Ministers who attended in each case; and if he will make a statement on the matter. [44505/09]

2. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on the progress made to date of the innovation task force. [45392/09]

3. Deputy Caoimhghín Ó Caoláin asked the Taoiseach if he will make a statement on the work of the innovation task force. [1237/10]

161. Deputy Leo Varadkar asked the Taoiseach the date, time and location of meetings of the innovation task force in 2009 and to date in 2010; the Ministers who attended in each case; when the task force will report; and if he will make a statement on the matter. [1476/10]

The Taoiseach: I propose to take Questions Nos. 1 to 3, inclusive, and 161 together. I appointed the innovation task force on 29 June 2009 to advise the Government on its strategy for positioning Ireland as an international innovation development hub and to assist 1 Ceisteanna— 19 January 2010. Questions

[The Taoiseach.] in making the smart economy a reality. The members of the innovation task force have a wide range of expertise and include individuals with global experience in international companies and entrepreneurs who have recently established and grown successful start-up companies. There is also representation from the higher education sector and senior representatives from a number of Departments and agencies. The task force has met in plenary session for all day meetings in Government Buildings on four occasions thus far, on 17 July, 25 September, 30 October and 14 December. I addressed the first meeting of the task force and was accompanied by the Minister of State at the Depart- ment of Enterprise, Trade and Employment with responsibility for innovation, Deputy Conor Lenihan. The Minister of State also attended the meetings of 30 October and 14 December. In addition, a full day consultation meeting for task force members was held on 19 October. The task force is due to meet again on 29 January. The task force has established four working groups focusing on specific aspects of its terms of reference. These working groups, which are chaired by private sector members of the task force, have been meeting regularly and a draft report is currently being finalised to reflect their deliberations. To assist with its work, the task force issued a public request for submissions and received over 100 responses from interested groups and individuals. These submissions have been reviewed by members of the task force and will feed into its deliberations on the content of its report. A summary document highlighting key themes and proposals from the submissions has been published and is available on the innovation task force’s website. The task force is due to meet again on 29 January. I look forward to receiving its report, which I understand will be finalised shortly.

Deputy Enda Kenny: I welcome the Taoiseach back to the House. On 18 December 2008, the Government published Ireland’s framework for sustainable economic renewal. That document, although launched with great fanfare, was merely a rehash of a several programmes which were already in place with the notable addition of an innovation fund of €500 million. The document refused to make any of the difficult decisions which need to accompany infrastructural development if we are to give rise to compatibility in innovation with our European Union counterparts. Can the Taoiseach indicate the source of the aforementioned €500 million? Was it allocated through various Departments’ Votes or was new money put up? What is the function of the task force and the four subgroups in regard to encouraging and overseeing the work of universities, third level colleges and other organisations which deal with innovation in the context of the European framework? Clearly, the new Commissioner for Research, Innovation and Science will have a substantial budget. Does the Taoiseach envisage the innovation task force having a role in overseeing and encouraging organisations and firms which are interested in innovation to become compatible with the European framework and thereby receive funding for appropriate programmes?

The Taoiseach: The innovation fund is part of our five-year programme. It aims to raise funds from private sector venture capital investors who also bring their expertise to the country. The role of the State will be to provide structures and incentives to best leverage private sector investment. This is why the NTMA, which is an expert in this area, is leading the process. The amount required directly from the Exchequer is likely to be small relative to the overall size of the fund. Investment will only be required from the State as the fund grows over a number of years to an envisaged total of €500 million. Alternative models are currently being tested 2 Ceisteanna— 19 January 2010. Questions with potential venture capital investors and other stakeholders, particularly in the United States. Detailed decisions will be possible only following completion of that process. The objective is to identify and leverage private sector venture capital funds, including funds from the United States, to complement and augment the seed capital and other funds available within Enterprise Ireland, for example, for assisting high-potential start-up companies and other companies which merit or obtain market support on the basis of the product, process development or innovation they are undertaking. In the past ten years we have trebled the level of investment in research and development to some €2.5 billion, two thirds of which is leveraged in the private sector. We have devised a single income stream for the science, technology and innovation moneys from the Department, which are under the auspices of the Minister of State, Deputy Conor Lenihan. The function of the task force on innovation, which will come forward shortly with its recommendations, is to identify how we can assist high-potential start-ups more successfully so that they can be the future market leaders in the various sectors from which they spring. A more general objective is to promote higher productivity through innovation across all sectors of the economy, but the expertise in this area relates to those start-up proposals and enterprises to which I referred.

Deputy Enda Kenny: Will the Taoiseach confirm how much has been committed or promised from private venture sources in respect of moneys for innovation? The task force on innovation was set up with a six-month remit, which is due to expire at the end of January. If we are to receive a report, it must be produced by the end of the month or else the lifetime of the committee must be extended. Which is the case? There is no disagreement among Members regarding the possibilities and potential for job creation arising from innovation. First, there has been much discussion of what can be done in the area of energy, including wind, wave power, tidal power, pump storage, natural gas and so on. There is no reason that this State should not be a world leader in some of these niche areas of renewable energy. Will the task force examine that potential? Second, we have all the ingredients to be a world leader in the area of biotechnology, whether arising from the clusters of medical companies in operation throughout the State or through the availability of resources and research from our universities and other third level institutions, including, for example, the Marine Institute. All these elements provide us with absolute potential in terms of world leadership in the biotechnology area. Third, all the major multinational information technology companies already have a presence here, a sector in which developments are taking place at blinding speed. These are three areas where we can clearly see the potential for innovation, as exemplified on a smaller scale by the young scientists last week. All of that potential is there to be harnessed in the next 20 years. Will the task force look at the bigger picture and the longer view where there is clearly potential for substantial job creation and job sustainability arising from innovation? That will clearly require a longer-term remit for the task force than its initial six-month allocation. Irres- pective of political positions, this is something that will stand to us, but it will require encour- agement and clarity of objective from Government. Will the Taoiseach ensure, having chaired its first meeting, that the task force on innovation and its four sub-committees will focus on these clear areas of massive potential for the State?

The Taoiseach: We received a detailed report recently on the area of green enterprise from the group under the chairmanship of Joe Harford, who is also a member of the innovation taskforce. That is a linkage in terms of those two exercises which is beneficial. The outcome of the recommendations by the innovation taskforce will take cognisance of that and be very much aware of the potential that has been identified by the green enterprise group that recently 3 Ceisteanna— 19 January 2010. Questions

[The Taoiseach.] reported detailed proposals for the creation of new jobs and businesses in the green technology area. On the question of the level of funds, we are in the process of seeking to design the fund in a way that will attract private sector venture capital funds. That is precisely what is going on. The NTMA team is in the United States this week as part of that process of market testing how it can devise a fund that will assist and augment existing seed capital and other venture capital funds that are currently under the auspices of, for example, Enterprise Ireland, quite apart from the private sector venture capital industry in this country in any event. The record has shown US venture capital funds and other venture capital funds in Europe are helpful in commercialising ideas for start-up enterprises far more quickly where they can identify potential. Such funds have worked very well, for example, in Israel and elsewhere. That is the concept we are seeking to develop. The taskforce will report shortly. It has broken up into a number of working groups comprising a number of very well qualified people who are involved in the business of start-up companies themselves, as well as people from Departments. The terms of reference that were given to the group less than six months ago draw on the lessons from successful international and national models in the area of the strategy for science, technology and innovation. The group was to examine options, increase levels of innovation and the rates of commercialisation of research and development on a national basis with a view to accelerating the growth and scale- up of indigenous enterprise and to attract new knowledge-intensive direct investment. The taskforce was also to seek to bring forward proposals for enhancing the linkages between institutions, agencies and organisations in the public and private sectors to ensure a cohesive innovation and commercialisation ecosystem. It was also to identify any specific policy measures that might be necessary to support the concept of Ireland as an international innovation development hub, including in the areas of legislation, educational policy, intellectual property arrangements, venture capital and immigration policy. A number of working groups have been set up because of the relatively limited reporting timeframe of six months and the significant expertise and experience of members. It was considered that the establishment of a number of focused working groups was the best way to progress the terms of reference and consider certain aspects of the work programme. For example, the first group deals with incentives, intellectual property and venture capital, identifying measures to increase innovation, commercialisation and entrepreneurship, including changes to incentives, venture capital arrangements and intellectual property strategies. Another group is focusing on commercialisation, technology transfer and converging technologies, including examining institutional structures for research and development funding delivery, how to maximise commercialisation of research, increase technology transfer and promote innovation in converging technologies. A further group is considering how to achieve the innovation island concept, how to position and promote this country as the innovation island, including attracting entrepreneurs, foreign direct investment, international start-ups and private sector research and development investment. The fourth group is examining the international innovation development hub Dublin, supporting the various alliances that have taken place in the university system, for example, including identifying necessary supporting policy measures. Much good work is being done. A great deal of seriousness of intent and time is being given voluntarily by many people to assist in bringing forward ideas based on what has been outlined in the terms of reference.

Deputy Eamon Gilmore: The Government’s approach to the task force seems to have all the lack of urgency that is so typical of this Government. The idea of an innovation task force was 4 Ceisteanna— 19 January 2010. Questions announced by the Government in December 2008 with great fanfare in Dublin Castle to introduce the Government’s plans for a smart economy. It took all of six months to get the task force set up, and it was not set up until June of last year. The last time the Taoiseach answered questions in the House about this task force, he told us it would report early in the new year. This is early in the new year and I see now it will meet again at the end of January and the report will be sometime after that. Meanwhile, there are 423,595 people on the live register, 84,000 of whom are under 25, many of them the kind of young people who are emigrating and who we would expect should be working in the smart economy, if we had one. Has this task force made any recommendation to date to Government in respect of any measure that the Government might have taken to advance the smart economy and innovation in this country? Was any specific recommendation made to Government in advance of the recent budget, for example, which might have informed the provisions of that budget, or lack of them, in respect of measures to generate employment? Is it envisaged that this task force will make any recommendation or have any report made to Government before the Finance Bill so that any measures that are contained in it in respect of start-up capital incentives and so on might be included in the Bill?

The Taoiseach: I reject Deputy Gilmore’s suggestion that there is a delay involved. There is much very good work ongoing, and I do not accept that six months is a long time to give the task force to do that work. Quite apart from the innovation task force that was mentioned at the launch of the smart economy framework, many other initiatives were also mentioned. That framework is a comprehensive strategy covering not just innovation and research and development but all aspects of economic renewal. There have, in fact, been tax changes to support the smart economy, including an improved research and development tax credit, new tax arrangements for intellectual property and tax incentives for start-up companies and to encourage venture capital companies to locate in Ireland. Indeed, at the time of the publication of the smart economy document, in preparation for the Finance Bill last year, these sorts of changes were incorporated so one would not have had to wait for a report for that to happen. I have outlined in previous replies what is the purpose of this task force’s work at present. New technology initiatives to support a smart economy have also taken place, including the development of a new international content services centre, making Ireland the leading location for energy efficient data centres such as the Microsoft centre I opened during last year, which saw an investment of over €500 million. There are a number of other issues in the whole renewable energy area and, as I said, we now have the green enterprise group, which reported last month with a series of recommendations which will also be helpful. As the Deputy will be aware, there is a need to support a culture of innovation to help start- up companies and to make sure we have the right processes and policies in place, whether they be fiscal or in regard to intellectual property. A number of changes have already taken place in that area.

Deputy Eamon Gilmore: Can the Taoiseach be more specific than he has been up to now with regard to when this task force will actually report? I understand from him that there is a meeting towards the end of January, probably on 29 January. Is that to be the final meeting of the task force? Is it the meeting at which it will conclude its report? When does the Taoiseach expect that the report will be presented? To whom will the task force report? In September, I attended a good event in Farmleigh at which leading business people from various parts of the world, many from North America, with connections to Ireland were assembled. The weekend was bubbling with good ideas for economic development in Ireland. 5 Ceisteanna— 19 January 2010. Questions

[Deputy Eamon Gilmore.] What happened with this? It was my understanding that a report was to be produced and circulated to participants, but I got no such report. I do not know whether one has been prepared. Will the Taoiseach inform the House of the follow-up to the September Farmleigh event?

The Taoiseach: The Minister for Foreign Affairs produced a report on to that and it was put on the website. However, as Deputy Gilmore says, there are ideas that have to be taken forward and concepts that have to be developed. A great deal of work is being done in respect of some of those mentioned at the conference and it will continue. On the innovation task force, I make the point that the next meeting will be, if not the last, then the penultimate meeting and I expect a report in the next couple of months, based on how advanced things are at the moment.

Deputy Caoimhghín Ó Caoláin: The Taoiseach cited several smart economy initiatives that have been taken in the innovation area. Regarding a specific initiative mentioned, Innovation Fund Ireland’s €500 million was to increase the availability of capital to small research and development companies. How much of that fund, if any, has been accessed? What is the current take-up and the processing procedure regarding same? In earlier replies, the Taoiseach cited a number of areas, each of which we welcome. However, I am sure the House would like to know how much of the matter is still paperwork and how much has occurred in terms of delivery. How many companies have been able to access and are currently benefiting from announced innovation? Something caught the imagination during the course of last year, namely, the ESB’s announcement of the creation of some 3,700 new jobs covering the areas of new meters, smart networks, electric vehicles and wind energy to name but a few. This announcement was lauded and applauded by the Taoiseach’s Department at the time and rightly so if the former delivers. How many of the promised 3,700 additional jobs within the ESB have been created? Has the Taoiseach concern regarding initiatives being announced and the timeframe between their announcement and the actual production of real jobs?

The Taoiseach: I mentioned in earlier replies to Deputy Kenny the nature of the fund and its progress. It is about augmenting and supplementing existing funds, including venture capital, start-up and seed capital funds in the private sector and those provided by Enterprise Ireland, for example. The Department of Enterprise, Trade and Employment is providing 3o’clock almost €300 million this year for science, technology and innovation. This is a significant contribution, as the Deputy will agree. Enterprise Ireland is allocated €129 million of that. This is used to put Irish companies at the cutting edge of development and ahead of their competitors. It provides equity funding to high-potential start-up companies. It continues its research and development grant programmes for small and medium-sized enterprises. It supports innovation partnerships between enterprises and universities. It funds three competence centres and announced and confirmed funding to further centres during the year. It continues the innovation voucher programme and provides support for near-to-the- market commercialisation. It supports researchers and companies competing for the EU Framework 7 programme to leverage a target amount of €600 million up to 2013. This is what the State moneys in place at the moment do. The point I was making is that the level of investment in research and development now stands at €2.5 billion, which is three times what it was a decade ago. Science Foundation Ireland did not exist before this Fianna-Fáil-led Administration came back into office in 1997. There was no arrangement in place then for promoting research and development as a central plank 6 Ceisteanna— 19 January 2010. Questions of economic policy for sustainable development into the future. It did not exist. All that has happened and has provided a great deal of investment for companies that are now providing jobs. Science Foundation Ireland has been allocated €162 million. In protecting this budget, the Government recognises the pivotal role it plays in the framework for sustainable, economic renewal. That allocation consolidates its investments to date; it leverages them for maximum outputs; it continues to support 29 major research centres; and partners with 150 small and medium-sized enterprises and blue chip multinationals in Ireland. It has been a vital driver of major investment decisions by both overseas and indigenous companies. If one notes more than 40% of IDA investment wins are in the area of research, development and innovation worth more than €400 million annually, that gives an indication as to what is the bang for the buck. Clearly, in more difficult times one has to ensure that the funding goes to the best possible projects and that commercialisation is brought forward and not simply pure research but applied research. Science Foundation Ireland’s allocation allows us to continue to fund high-quality scientific research and researchers in recognition that they are the drivers needed to develop Ireland into a high-value, knowledge-based economy. On the question the Deputy asked about the innovation fund, as I explained earlier, we are market-testing that fund with the United States. We want to bring in more money from the private sector, particularly successful venture capital companies in the United States which have shown a track record in being able to identify and invest in start-up companies that then take the next step forward and internationalise their business, etc. The NTMA is charged with that process on our behalf and is currently operating in the United States as part of the process. The Deputy will accept that last year was not a very propitious year for obtaining venture capital investments, given the overall economic downturn, but this is part of a five year programme. It is one of our initiatives and it is ongoing; there is no question of it lying in abeyance or anything like that.

Deputy Caoimhghín Ó Caoláin: It would be unfair of me to expect that the Taoiseach could give us an update on the uptake on the programme at this point, but can he clarify that he indicated in his reply that the National Treasury Management Agency is currently exploring the potential of attracting into this economy new inward investors in research and development with a proven record in the United States? Is that the exclusive focus of the €500 million Innovation Fund Ireland? Will it not also focus on existing small companies based in this economy in terms of aiding and abetting further research and development? I understand this would not have been part of what the Taoiseach prepared for this reply, but will he undertake to give me an informed reply on the ESB announcement last year of 3,700 jobs, which caught the imagination of the people and was very welcomed at the time, but we have never——

An Ceann Comhairle: A separate parliamentary question might elicit that information.

Deputy Caoimhghín Ó Caoláin: The Taoiseach will either oblige me or he will not. I am not being awkward. I only asked if he can facilitate the provision of the information, having acknowledged that he may not have it to hand this afternoon. There is a great deal of interest in learning the current position in that respect.

The Taoiseach: As the Deputy will know, that announcement was in respect of a very direct change in policy by the ESB to promote sustainable energy initiatives to help build more sustainable energy projects in Ireland over a period of years. It was not suggested that 3,900 jobs would be created over night, but the company indicated it was committed. It made the commitment in terms of investment and over a period of years it believes it will create that 7 Ceisteanna— 19 January 2010. Questions

[The Taoiseach.] number of jobs. That is its policy and it is implementing it. A more detailed reply from the Minister for Communications, Energy and Natural Resources will elicit what progress has been made on it. With regard to the other point made by the Deputy, the NTMA — because of its position in terms of dealing with funds and with this area generally — is assisting the relevant Depart- ments in designing and market-testing a fund to attract the interest of venture capitalists. This work must be done although success in the outcome is not guaranteed. One must go out and do it and see what can be achieved. Other countries — including Israel, which set up what is known as the Yozma fund — have been successful in this regard. This does not guarantee success for us, but we are in the process of providing such a fund because we believe that in addition to traditional areas of finance for companies in the start-up phase, venture capital can provide the pump-priming necessary to commercialise an idea or concept and ensure it has a sustainable future. It is not the case in every enterprise but there are some for which that is the case. The fund will supplement State provision. The State is already investing directly in seed capital funding and providing equity to start-up companies through the Enterprise Ireland programmes. The question is how we can develop a private-sector venture capital fund which is independent of the taxpayer but supports national objectives.

Independent Members. 4. Deputy Caoimhghín Ó Caoláin asked the Taoiseach the arrangements he has with non- party Deputies who support the Government; if changes to such arrangements were made in advance of budget 2010; and if he will make a statement on the matter. [46878/09]

5. Deputy Enda Kenny asked the Taoiseach the arrangements in place in his Department for providing assistance to certain Independent Members of Dáil Éireann; and if he will make a statement on the matter. [48410/09]

6. Deputy Eamon Gilmore asked the Taoiseach the Deputies with whom special arrangements have been made in return for support for the Government; if changes to these arrangements were made prior to or arising from budget 2010; if such changes have been costed; and if he will make a statement on the matter. [48421/09]

7. Deputy Enda Kenny asked the Taoiseach if the agreements between the Government and the Independent Deputies who support the Government were changed in advance of the budget 2010 statement; and if he will make a statement on the matter. [48425/09]

8. Deputy Enda Kenny asked the Taoiseach the number of Independent Deputies with whom he has entered into agreements to support the Government; and if he will make a statement on the matter. [48426/09]

The Taoiseach: I propose to take Questions Nos. 4 to 8, inclusive, together. The agreements referred to are political agreements entered into by my predecessor as leader of the Fianna Fáil Party with individual Independent Deputies — namely, Deputies Healy-Rae and Lowry. On becoming leader of Fianna Fáil, I confirmed to the Deputies concerned that I would continue to implement those agreements. As the House is aware, such arrangements have existed for more than 12 years. The agreements are confidential but are, as always, based on the programme for Govern- ment, which incorporates the national development plan, approved Government programmes 8 Ceisteanna— 19 January 2010. Questions and annual Estimates for capital and current expenditure. I have continued the practice whereby a staff member in my office assists the Chief Whip’s office in its work in liaising with these Deputies. The staff member meets the Deputies on a regular basis and arranges to keep them briefed on issues as they arise. No changes have been made to these arrangements.

Deputy Enda Kenny: Could I ask the Taoiseach——

Deputy Caoimhghín Ó Caoláin: I beg the Deputy’s pardon. I understand the practice is that the Deputy who tabled the first question is the first to be called. I rarely have this opportunity so I will avail of it while it is there. As is the case on almost all such occasions, Deputy Healy-Rae availed of the opportunity, in the course of the passage of budget 2010 before Christmas — in return, allegedly, for his support in the passage of the budget and all votes related to it, including the disgraceful and savage cuts in social welfare supports — to declare that he had secured a deal from the Govern- ment regarding a promised 40-bed hospital facility in Kenmare. The Taoiseach has the Minister for Health and Children at his side. Is it not the case, as was my understanding, that a commitment to establish a 40-bed hospital facility in Kenmare had issued 12 months previously from the HSE? Either it was a quid pro quo for Deputy Healy-Rae’s support in the passage of budget 2010 or it was not. Certainly, the Deputy has sought to impress on everyone that such a deal was done and that there were other elements of the deal which related to his constituency of Kerry South. Can the Taoiseach inform the House whether he, or representatives of his Department, met Deputy Healy-Rae to discuss his support for budget 2010? Was the establishment of a 40-bed hospital in Kenmare one of the matters discussed? What other matters were discussed? Are these matters — including the hospital facility — new elements of existing arrangements between the Government and the Independent Deputy for Kerry South? Did similar engagements take place with other Deputies who are currently——

An Ceann Comhairle: At a time like this, there always is a danger that issues which relate to another Minister may be introduced to the question.

Deputy Caoimhghín Ó Caoláin: I have absolutely no idea what the Ceann Comhairle is talking about. I am asking the Taoiseach a question which he can answer. Either he or representatives of his Department did or did not engage with Deputy Healy-Rae. Deputy Grealish was reported to have met the Taoiseach on 8 December in advance of the budget that he also supported. What can the Taoiseach tell Members about this meeting? What of the meeting with Deputies Scanlon and Devins? Were hospital upgrades and major road repairs, which I note from the statements issued by both Deputies representing the Sligo-North Leitrim constituency, promised in return for their votes? Each of them supported budget 2010 and the subsequent disgraceful measures in respect of social welfare. Is this the case that such Deputies, with whom the Taoiseach allegedly has a standing arrangement going back to 2007 and the formation of the Government, can up the ante every time the Government presents budget proposals or other measures such as Members have gone through all too frequently in the closing months of last year? Do they continue to be in a position to ratchet up their demands on the public purse regarding their own respective constituency needs? The Taoiseach should clarify the position and shed some light regarding the current arrangements with the Government of each of these Deputies in the context of budget 2010, which was introduced in the early stages of last December.

9 Ceisteanna— 19 January 2010. Questions

The Taoiseach: As I have stated previously, no changes were made to the arrangements in advance of the budget. Obviously, I meet Deputies on all sides of the House from time to time, with varying degrees of success depending on their disposition. I make the point that political agreements and arrangements are in place. I would be hesitant were the Deputy to try to second-guess how Deputy Healy-Rae wishes to communicate with his constituents. That is a matter for Deputy Healy-Rae. It is true that the requirements for a community hospital in Kenmare have been long sought and have been supported by Deputy Healy-Rae and others for some time. If Deputy Healy-Rae wishes to communicate to his constituents the validity of his support for the Government by giving another indication of how they benefit from his support of the Government, as distinct from those who oppose it, he would take that small advantage whenever it arises. Were Deputy Ó Caoláin in the same position, he would not be too far behind the door himself. It is time to recognise that there are Members who support the Government and who have political arrangements that were completed by my predecessor and which continue in operation. As for other Members, Deputies Devins and Scanlon are members of the Fianna Fáil Party, albeit not members of the parliamentary party at present. I am glad to note the Government was in a position to confirm the developments for Sligo General Hospital, which were possible on the basis that they were required. Contrary to what the Deputy seems to suggest, it is not the case that the proposals as put forward lack merit. They have merit and have been in planning for some time. From my perspective, yes, I meet Deputies. I met Deputies Lowry and Grealish and many people. Before a budget, it always is timely to speak to Ministers and the Government regarding arrangements and agreements that are in place to enable it to try to assist where it can, consistent with programme for Government commitments. An examination of any of these projects would reveal them to have merit and I understand they are well supported by all sides of the House.

Deputy Caoimhghín Ó Caoláin: In a brief follow-on to the Taoiseach’s response, I note that while it is all very well to make the point that Deputy Healy Rae will employ all means and methods of communicating with his constituents, this is a case of smoke and mirrors. The Taoiseach is playing that game himself by not being absolutely up-front in his response. A nod and wink approach always is taken in this regard and it is not all on Deputy Healy-Rae’s side. It is also on the Taoiseach’s side because he would have us believe, as the Minister for Health and Children, who is beside him, has stated ad nauseam, that the HSE makes determinations in regard to hospital configuration and the network. I have heard that probably more often than any Deputy given the constituency I represent and my home county of Monaghan. However, the Taoiseach is happy to allow Deputy Healy-Rae make whatever claims he likes and he is not prepared to discount them and to make it clear that is not the way hospital facilities are secured. I wish the people of Kenmare well and while I support the provision of such a facility, I want equity across the board and equal access to all hospital services. Does the Taoiseach agree a more upfront reply from him would clarify for all Deputies and the wider populous the position that must apply to the configuration of hospital services and it is not a gift he or anyone else can offer to a Deputy as a trade off for his or her support and votes in the House?

An Leas-Cheann Comhairle: Time has expired.

Deputy Caoimhghín Ó Caoláin: How would the Leas-Cheann Comhairle know that? He is only in the House. I am following the nods carefully.

An Leas-Cheann Comhairle: The order of the House is that questions to the Taoiseach ended three minutes ago. 10 Priority 19 January 2010. Questions

Deputy Caoimhghín Ó Caoláin: That is unfortunate.

An Leas-Cheann Comhairle: I do not need to be in early or late to know that. I would like to allow other Deputies to put a brief supplementary.

Deputy Caoimhghín Ó Caoláin: It is time the Taoiseach was upfront with the House.

Deputy Enda Kenny: What is the cost of the commitments to the Independent Deputies for 2010? Far be it from me to interfere with the arrangements Deputy Healy-Rae has with the Government, but is this the same hospital in Kenmare for which he secured a commitment ten years ago?

Deputy Bernard J. Durkan: Or an extension to it.

Deputy Eamon Gilmore: Every time we ask these questions about the agreements between the Government and the Independent Deputies, we seem to run into the sand and we have never been able to track down where are the agreements. Nobody has ever put them on the record of the House or told us exactly what is in them. It is a bit like chasing the Holy Grail. I have come to the conclusion that there are no agreements. Every time Deputies Healy-Rae and Lowry say they have secured something for their constituency, a Minister says it was in the pipeline anyway. When Deputies Devins and Scanlan said they secured the hospital extension for Sligo, they were told it was coming anyway. The reality is that Deputies Healy-Rae and Lowry and other Deputies like them who support the Government have sold out the pensioners and their constituents and all they have in return is the pleasure of a periodic private meeting with the Taoiseach.

The Taoiseach: Obviously the electorates of those constituencies do not agree with the Deputy.

Deputy Eamon Gilmore: They obviously rate a meeting with the Taoiseach highly.

Deputy Brian Hayes: Or the pleasure of a meeting.

The Taoiseach: Deputy Gilmore might find value in a meeting some time.

Deputy Eamon Gilmore: Not for a while yet.

The Taoiseach: The Deputy is not as shy as he lets on. With regard to the comments of Deputies Ó Caoláin and Kenny, it is well known that agreements are in place with people who support the Government and the Government seeks to honour them in the context of available resources and priorities and programme for Govern- ment commitments. It is the same for political parties as Independent Deputies and, therefore, I do not see why party leaders should be so dismissive of individual Deputies who seek to have arrangements with the Government when they would make that a condition for membership of a government themselves.

Deputy Bernard J. Durkan: That is an interesting development.

Priority Questions. Minister for Social and Family Affairs (Deputy Mary Hanafin): As Minister for Social and Family Affairs may I start by congratulating Deputies Enright and McHugh on the birth of their boy. Guím gach ráth, sláinte agus fad saol ar an gclann álainn 11 Priority 19 January 2010. Questions

Deputy Olwyn Enright: I thank the Minister.

Social Welfare Benefits. 77. Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she will increase the fuel allowance to help alleviate fuel poverty and to support vulnerable families who will face enormous heating bills in the coming months; and if she will make a statement on the matter. [2056/10]

Deputy Mary Hanafin: The Department of Social and Family Affairs assists social welfare recipients with heating costs, through their basic payments, through the fuel allowance scheme and through the household benefits package of electricity and gas allowances. The household benefits package is payable throughout the year to almost 380,000 pensioners, people with disabilities, and carer households to assist them with their heating, light and cooking costs. This scheme cost approximately €200 million in 2009. In addition, the national fuel allowance scheme assists householders on long-term social welfare or health service executive payments with meeting the additional cost of their heating needs during the winter season. The allowance represents a contribution towards a person’s heating expenses. It is not intended to meet those costs in full and must be seen in the context of the overall level of income available to the family. In budget 2009, the duration of the payment was increased by an extra two weeks to 32 weeks, while the weekly value of the allowance was increased by €2to€20 a week, or €23.90 in designated smokeless areas. This compares with just €14 and €17.90 respectively three years ago. These are in addition to other improvements made in recent years, including a significant increase in the income threshold for the allowance with effect from 2008. A single person aged under 80, with a household income of less than €330.30 a week can now qualify for the fuel allowance. The income limits for couples are €483.80 a week where the qualified adult is aged under 66 and €536.80 a week where both adults are aged over 66. As a result of these improvements, almost 318,000 people benefited from the fuel allowance in 2009 at an estimated cost of €217 million. In addition to the basic welfare payments, household benefits and fuel allowance payments highlighted above, the Department also provides funding to the community welfare service to assist people with special heating needs. Community welfare officers can pay a heating supplement to people in certain circumstances with specific heating needs due to infirmity or a particular medical condition. They can also make exceptional needs payments to people who do not have enough money to meet their heating costs. Since the onset of the adverse weather conditions, community welfare officers have provided assistance to people to purchase additional fuel, heaters and clothing. They have also given funding towards the payment of heating bills and for repairs arising from burst pipes. More than €170,000 has been paid out since 1 January 2010 in respect of such claims. Assistance will continue to be provided towards the payment of heating bills for those in need. Paying a special increase in response to the bad weather would not necessarily represent a good targeting of limited resources. Rather, it is considered desirable to continue to give community welfare officers the discretion and the funding to assist people who need extra financial support.

Deputy Olwyn Enright: I find it peculiar that one third of the Minister’s answer relates to community welfare officers as a question I tabled for today on the community welfare service 12 Priority 19 January 2010. Questions was disallowed because it does not come under the Minister’s responsibility. To deal with the question in hand, I very much disagree with the Minister. Does she not see and appreciate the difficulty in asking people on low incomes and those in receipt of social welfare to bear the brunt of the type of weather we have had in recent weeks? Certainly, it is unfair to ask them in general — the Minister has not done so — to conserve energy when they do so on such a limited budget. Was the Minister involved in the emergency committee established to deal with the bad weather? Did the committee consider the difficulties being experienced by people on low incomes and on social welfare as a result of requiring far more fuel than normal? The renewed programme for Government contained a commitment to publish a fuel poverty strategy by the end of last year. This has not been published. When are we likely to see it published? It was decided in the budget to introduce a carbon tax, which will have a significant impact on those in receipt of the fuel allowance. Does the Minister have any plans to alleviate the difficulties that will be experienced by people as a result of this?

Deputy Mary Hanafin: I was not involved in the emergency committee and I do not believe it addressed this particular issue, knowing that it was being dealt with by the Department of Social and Family Affairs and the community welfare officers who distribute the money for the Department; that is why I am in a position to answer these questions. Interestingly, although I know many people had to use fuel almost around the clock during the very cold weather we have not had demand or communication seeking additional help from the major organisations, namely, the Society of St. Vincent de Paul and Age Action Ireland. However, I expect that when bills for the fuel begin to arrive we will see the real demand. People have not yet received their electricity or fuel bills. Gas and electricity bills will not be received for two months and those who use oil will also see how much has been used. I anticipate greater demand at that stage——

Deputy Olwyn Enright: What will the Minister do about it?

Deputy Mary Hanafin: ——through the community welfare officers. The sufficient amount of €92 million has been allocated to them this year for supplementary welfare payments.

Deputy Olwyn Enright: A certain figure has been allocated for supplementary welfare payments. Every time a difficulty arises for one in the social welfare system one is told to go to a community welfare officer to apply for a supplementary welfare payment. People whose houses were flooded were also told to go to a community welfare officer to apply for a supplementary welfare payment. That figure was agreed before the floods and the cold weather conditions. Is the Minister stating that people who cannot meet their fuel bills because of the extreme weather will be looked after when they go to the community welfare service?

Deputy Mary Hanafin: In fairness to community welfare officers they dealt extraordinarily well with the flooding issue.

Deputy Olwyn Enright: They do great work but are constrained by their budgets.

Deputy Mary Hanafin: They are the people best placed on the ground and who know. Provid- ing an additional week’s benefit has been suggested. However, that would be paid in May which would not be much good to people now. Much of the money invested in fuel expenditure by the Department is done so through household benefits and that is not targeted. Admittedly it goes to everybody over the age of 70 and older people have greater demands, but they all do not have the same financial needs. 13 Priority 19 January 2010. Questions

Deputy Olwyn Enright: The Minister could increase the amount community welfare officers have to distribute.

Deputy Mary Hanafin: The exceptional needs payment available for this year is approximately €90 million. There is also the installation scheme but that is a separate issue and I want to return to the question asked by the Deputy in the first instance on the carbon tax to be introduced this year and her final question on the fuel strategy for last year. An inter- departmental group on energy affordability has been established and that will address both issues. We are conscious of the fact that a carbon tax on heating products will come into effect from May but it will be September before solid fuels come in. We should have a targeted response but we must find the most efficient way to target and administer it.

78. Deputy Róisín Shortall asked the Minister for Social and Family Affairs if she will amend the back to education allowance to address a number of inadequacies such as its lack of compatibility with the academic year; the length of time an applicant must be unemployed to qualify for this scheme; the restricted access for persons who already have third level qualifications; and the restricted access to students pursuing other back to education type programs. [2062/10]

Deputy Mary Hanafin: The primary objective of the back to education allowance, BTEA, is to give welfare recipients who left school early and those without third level qualifications a second chance to attain educational qualifications so as to reduce their risk of long-term unemployment. In order to qualify for participation, an applicant must generally be in receipt of a relevant social welfare payment for three months if pursuing a second level course or 12 months if pursuing a third level course. In May 2009, the qualifying period for access to third level courses was reduced to nine months for people engaging with the Department’s facilitator programme, thereby aligning with the existing similar threshold for people within the national employment action plan. People who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. Acceptance into the back to education allowance scheme can result in a person receiving income support for three years or more if pursuing a degree course. It is, therefore, considered appropriate, in the context of limited resources, to ensure that such long-term support is only given to those who actually need it. The waiting periods for the scheme act as a disincentive for people to leave education early with a view to getting paid the BTEA to complete it soon after. It is worth noting that the maximum rate of the back to education allowance is more than double the maximum rate of the maintenance grant available to third level students from the lowest income families. It could, therefore, be considered unfair if a young person could finish school, work for a couple of years and then secure three years worth of BTEA support after being unemployed for only a very short time, while another young person who went straight from school into third level would get far less financial support. The BTEA is currently limited to full-time courses from second level to higher diploma level in any discipline and to a graduate diploma in education. Qualifications above this level would not generally be considered necessary to secure employment. Payment under the scheme covers the relevant academic year and the scheme caters for approved courses where the starting date is not aligned to the standard academic year. Under separate arrangements, job seekers can participate in a part-time course and maintain their welfare entitlements, provided they obtain 14 Priority 19 January 2010. Questions approval in advance and continue to satisfy all relevant conditions, such as being available for work. In 2009, €87.8 million was provided for the BTEA scheme. The number of people on the scheme at the end of November 2009 was 20,418, which is 88% higher than the 10,854 recorded at the end of November 2008. The scheme is being monitored on an ongoing basis in the light of the changed economic circumstances, in order to ensure that it continues to meet its objectives.

Deputy Róisín Shortall: The Minister said at the outset that this scheme was intended for early school leavers. The point I am making is that the qualifying criteria for the scheme are very outdated and do not meet the needs of the newly unemployed. It is fine for the Minister to talk about the minor changes she has made, which are welcome, but the reality is that there has been unprecedented growth in unemployment. One in five unemployed people are under 25. There are many graduates who are drawing the dole. The restricted nature of this scheme means that many people who should be able to avail of it are not entitled to do so. It would make a lot of sense for the Minister to provide education and training opportunities to those who are on the dole who are precluded from participating in any courses. This problem is relatively new and it needs new solutions. The Minister should consider sitting down with some of the groups who work with unemployed people and try to identify some of those barriers that currently prevent them from participating in training. The current system encourages long-term unemployment. With a little tweaking of the rules, this could be a much more effective intervention for people who find themselves unemployed. Will the Minister apply herself to identifying those blockages?

Deputy Mary Hanafin: The Deputy has acknowledged that we have made necessary changes and I am open to making more. We need to ensure that we keep qualifying criteria for the link with social welfare. We must also ensure that there is a time lag because problems can arise if there is no waiting time. The Deputy referred to graduates. Traditionally, we have not gone beyond the higher diploma. I accept that there are graduates on the live register, but they can also benefit from the work placement programme and hold on to their social welfare benefits. This may enable them to become more prepared for employment. There are other options available for people. Through FÁS, the Department of Education and Science and the PLC courses, a great number of additional places have also been made available. There are people who may not qualify for the back to the education allowance but who would qualify for the third level grant. That would allow people to continue with their education. I meet with groups all the time but if there are other practical suggestions that allow more people to participate then I am very open to that. The numbers went up by 88% last year but because more people will be qualifying again this year, more people will be participating as well. We issued a mailshot to 18 to 25 year olds this time last year, and this was quite successful because it forced them to look at it. People who work with the young unemployed said that to me. When they suddenly got a letter about education it set them thinking in that direction. A targeted mailshot might work again. I come in here every month and tell Deputies that I am more than willing to take on ideas because it is such a difficult area and we all want to do something. However, I do not always get these suggestions. When I do get them, I try to take them on board.

Deputy Róisín Shortall: Time does not permit me to go through the various suggestions that I have received from constituents and from groups working in this area. There are six or seven 15 Priority 19 January 2010. Questions

[Deputy Róisín Shortall.] things that could be done and which would not result in a huge cost to the Exchequer, but which would open the scheme up to more people. These people are going to be drawing the dole anyway. People may have received a postgraduate qualification 15 years ago and these qualifications are now fairly irrelevant to the demands of the job market. It makes sense for those people to go back and retrain, but they are precluded from availing of this scheme. The Joint Committee on Social and Family Affairs should take a look at this in the next few weeks and the Department should participate in a round-table discussion on it and take on board some of its suggestions. I would welcome the Minister’s support for that idea.

Deputy Mary Hanafin: I have been looking at a number of issues, such as the problems encountered by people who qualified a long time ago and whose postgraduate qualifications are no longer relevant to the current market. We need to have a focus on any solutions to these problems, and we could do that in the context of the smart economy. We should be targeting support for people who are doing courses that might ultimately lead to employment, rather than some of the other courses. At the same time, we also have to ensure that we continue to support other people on social welfare payments, such as lone parents and people on disability benefit, to ensure that the back to education allowance facilitates them as well.

Deputy Róisín Shortall: What about the round-table discussion?

Deputy Mary Hanafin: I will participate in any discussion on back to education programmes.

Social Welfare Fraud. 79. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the amount of fraud control savings achieved in 2009; if she has satisfied herself with the savings achieved; and if she will make a statement on the matter. [2057/10]

Deputy Mary Hanafin: Welfare fraud is theft. It is a serious crime and the Department is doing everything it can to prevent and detect fraud, and to crack down on those who abuse the system. Several initiatives were introduced or enhanced last year to target controls more effectively in schemes. These included more frequent mailshots to identify people who have left the country and who are no longer entitled to a payment; additional data matches with other agencies to identify welfare customers who had failed to disclose relevant information to the Department, such as earnings and compensation claims; improved internal data matching procedures to ensure that relevant information available in one area of the Department is applied to all schemes; and increased emphasis in the border regions on control of claims from applicants with a previous address in Northern Ireland. These were additional to the improved controls introduced in 2008, which included requiring new claimants of jobseekers payments to collect their money in person at the post office rather than having it paid straight into their bank account. Greater emphasis was also placed last year on prevention of fraud and error at the claim application stage. While this is the most cost effective mechanism of reducing unwarranted welfare expenditure, it should be noted that savings achieved in this way are not included in the published figures for control savings. For 2009, the Department set a target of reviewing almost 620,000 individual welfare claims. Over 750,000 reviews were carried out last year, which is 20% more than the annual target. The total fraud and error savings recorded for the year was approximately €484 million, which is an increase of €8 million on the 2008 figure. In considering the level of savings recorded in 2009, it is important to note that the final average live register figure for the year, at 395,500, was significantly lower than the 440,000 16 Priority 19 January 2010. Questions that had been predicted when the annual target was set. While it is difficult to identify exactly why the above target number of reviews did not generate higher savings, it may be partially due to decreased opportunities for people to work and claim. Increased emphasis on preventing unwarranted claims at the initial application stage may also have led to a reduction in the number of claims stopped after they had gone into payment.

Additional information not recorded on the floor of the House. It is also worth noting that the 2009 control savings from several schemes were ahead of target. These include family income supplement, carers, illness payments and State pensions. Overall, I am satisfied that the enhanced controls introduced in recent years are helping to reduce the potential for fraud and errors in welfare payments. I also believe that the new anti- fraud powers included in the Social Welfare Bill are a clear demonstration of this Government’s determination to do everything that it can to stop people getting money to which they are not entitled.

Deputy Olwyn Enright: The savings made by the Minister were far short of the target she had set, and this is clear from her reply. The same pertained to 2008. She has set a much lower target for 2010. Is that because she has failed to reach her targets for the last two years? What else does the Minister plan to do? She has asked for useful suggestions. The Joint Committee on Social and Family Affairs, through Deputy Shortall, suggested rolling out a national identification card, something to which the Government has committed itself. When are we likely to see that? The Minister will be aware of a case that went to court a couple of weeks ago. The gentleman involved collected somebody else’s in the same post office as his own for 14 or 15 years. How did that happen? The clear answer is that there was no ID card and there was no requirement for a check to be made on that gentleman. People in the Dublin region have told me that they have gone to social welfare offices and have not been asked for identification. There is nothing to prevent people from collecting someone else’s payment. When will a tougher, stricter approach be introduced? We have heard a great deal of talk but it has not been matched by action on the ground.

Deputy Mary Hanafin: One of the reasons the target was not met was that the number on the live register did not reach the anticipated level. It is important that we stop people receiving payment before fraud occurs. This issue is being given careful attention. The control target for next year is €533 million. The Department hopes and expects to achieve this target through the range of measures it has implemented and new initiatives. Money was provided in the budget for the roll-out of a PPS card, which will commence this year. This measure will help eliminate fraud as the new card will feature a photograph. While it will not be an identity card, it will be helpful. I do not wish to discuss individual cases but it is extraordinary that the person to whom the Deputy referred was able to continue with the fraud for so long. An individual can, however, collect a pension for an older person if he or she is the designated agent.

Deputy Olwyn Enright: The gentleman in question was not the designated agent in this instance. The person for whom he claimed was dead and could not designate an agent.

Deputy Mary Hanafin: I am aware of that. It is awful that anyone would continue to collect money for such a long period.

Deputy Róisín Shortall: The Department held details of the death. 17 Priority 19 January 2010. Questions

Deputy Mary Hanafin: Deputy Shortall makes a fair point. At that time, the systems did not talk to each other. As a result of new information technology, deaths are automatically notified to the Department. This did not occur at the time of the case to which the Deputies refer. One should not underestimate the fact that the systems talk to each other. While it may be odd that is only taking place now, at least it is being done. Data matching with other groups and organisations is also helping to crack down on fraud. I have twice met representatives of postmasters who have been very helpful. They have requested in their newsletters that postmasters ensure that they ask for proof of identity.

Deputy Olwyn Enright: With respect, the Minister’s statement that the number of people on the live register is not as high as anticipated is neither here nor there. Those who would have been on the live register would not have been fraudulent claimants but people with an entitlement to claim a benefit.

Deputy Mary Hanafin: A person who was working would not have an entitlement.

Deputy Olwyn Enright: If the number on the live register had been higher, it would not have affected the figure. Is data matching in place to enable the Revenue Commissioners to check whether landlords in receipt of rent supplement from the Department are paying tax on the payment?

An Leas-Cheann Comhairle: The Deputy is extending the scope of the question.

Deputy Mary Hanafin: I will return to the Deputy on that question. In some schemes, including lone parent’s allowance, carer’s allowance, illness payments, State pensions and family income supplement, the savings secured from anti-fraud measures have exceeded the targets. We cannot concentrate all our efforts on the live register.

Deputy Olwyn Enright: The Minister raised the issue, not me.

Deputy Mary Hanafin: We will continue to take the issue seriously. The Deputy asked what new measures the Department would take this year. The introduction of the new PPS card is a new initiative. Members of the public can also make a complaint or report suspected fraud on-line without providing any information about themselves. They can provide details and information on the Department’s website about people who they believe are engaging in fraud. The success of these initiatives will prove helpful.

Deputy Olwyn Enright: The Minister indicated previously that the majority of such reports prove to be unfounded.

Social Welfare Benefits. 80. Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she is satisfied that her Department can adequately target low income families who have had their child benefit cut by increasing the qualified child increase and the family income supplement; her views on whether increasing the qualified child increase and the family income supplement creates poverty traps and fails to target the most vulnerable; and if she will make a statement on the matter. [2058/10]

Deputy Mary Hanafin: Between 2000 and 2009, overall expenditure on child benefit grew from just €638 million to approximately €2.5 billion per annum. The Government is proud to have been able to deliver such significant increases in payments to families when the resources 18 Priority 19 January 2010. Questions were available. However, with tax revenues having fallen dramatically, we cannot afford to maintain spending at this level. The Government is conscious that the payment can be an important source of income for all families. For this reason, we decided against withdrawing child benefit completely from any family. We also decided against taxing the benefit. Apart from the significant administrative complexities that taxation would have involved, it would be unfair to take up to 20% of child benefit from families on the lower tax rate and up to 41% from those on the higher rate who do not have very large incomes. It was fairer to reduce the child benefit rates across the board, while fully protecting up to 420,000 children in families who are dependent on social welfare or in low income employment. Families with children who are dependent on social welfare will be fully compensated for the reduction by receiving an extra €3.80 per child per week in the value of the qualified child increase paid with the principal payment. Families who currently receive a half-rate qualified child increase because they have other household income and are not, therefore, totally dependent on welfare will receive an extra €1.90 per child per week. The family income supplement income thresholds have also been increased to compensate low income working families for the cuts in child benefit. I am fully satisfied that these improvements to the qualified child increase and family income supplement will effectively target the needs of low income families. I am also satisfied that measures are in place to address potential poverty traps. For example, to ease the transition from welfare into work people who have been in receipt of a jobseeker’s payment, with a full- rate qualified child increase, for at least 12 months can generally keep the qualified child increase for 13 weeks if they take up work that is expected to last at least four weeks. The family income supplement is also arranged in such a way as to enable people to increase their earnings while maintaining some support. For example, a family with four children can have a net income from employment of up to €820 a week and still receive a family income supplement.

Deputy Olwyn Enright: I do not know if the Minister is aware of a number of studies done on poverty traps in the social welfare system in 2005 and 2006. The Government had not introduced any changes which have had a positive impact by reducing these traps. The most recent budget was especially negative in terms of disincentivising people to work. I received a call from a gentleman yesterday who, having been offered a job with a salary of €22,000 per annum, decided it was not worthwhile to accept the offer because he would be better off on social welfare. On the qualified child increase, Government policy for the past 15 years has been that increasing this benefit creates a poverty trap. What poverty proofing did the Department do to ensure that the decision in the budget to change child benefit did not create a further poverty trap? The changes in the qualified child increase and family income support create a disincentive to return to work as people who enter employment will lose these benefits.

Deputy Mary Hanafin: A person earning €22,000 per annum would be much better off than an individual on the live register because the latter would only receive slightly more than €11,000 per annum.

Deputy Olwyn Enright: One must take all the other factors into account.

An Leas-Cheann Comhairle: Please allow the Minister to complete her answer. 19 Priority 19 January 2010. Questions

Deputy Mary Hanafin: The Deputy and I probably agree that we do not want a circumstance to arise in which people believe they are better off on social welfare. However, a person earning the figure cited by the Deputy would not be financially better off on social welfare. In all of our discussions on the budget, especially its social welfare aspects, the Government considered the effects it would have on individuals and families, particularly those on lower incomes who are not dependent on social welfare benefits. This was one of the reasons I was particularly anxious not to proceed with the cuts in child benefit proposed in the McCarthy report. Not only would such cuts have had a severe effect on people on middle incomes, but we would have created a poverty trap by compensating those on lower incomes. The decision to cut child benefit by the lowest amount possible meant that we did not have to substantially increase the qualified child increase. To have done so would have made it difficult for people to extricate themselves from social welfare and enter employment. At present, child benefit provides half of the support for a child in low income families whereas the figure ten years ago was 34%. The Department continues to target child income support and families in the correct manner. Combined, child benefit and the qualified child increase are higher than ever. In devising difficult cuts in the budget the Government genuinely set out to protect low income families, an objective we achieved in this case.

Deputy Olwyn Enright: I disagree. I can give the Minister several further examples of people who find themselves in the same position as the man offered a job earning €22,000. Does the Minister take decisions in isolation? Did she decide to examine the qualified child increase and family income supplement or did she examine all benefits, including rent supplement, the medical card? I accept that medical cards are issued by a separate Department. When people are making the decision to return to work they consider the totality of their income and do not focus solely on the potential loss of the qualified child increase. Considering one’s entire income is the sensible way to budget for one’s family. Did the Minister consider this?

Deputy Mary Hanafin: Not only did I do so in my Department but we also did it cross- departmentally in our discussions. We were very conscious that various cuts could impact on the same people. In discussions prior to the budget, organisations representing different groups, particularly the Society of St. Vincent de Paul, made clear that while they did not want any cuts, which can be taken as a given, where there were cuts they wanted one rather than myriad cuts. A general cut was made in child benefit and the rates of payment of social welfare benefit——

Deputy Olwyn Enright: Those are two pretty big cuts.

Deputy Mary Hanafin: ——but there was no cut in fuel allowance or the other elements that support people. That was one point that the organisations were anxious about at a difficult time for making cuts in the budget.

Deputy Olwyn Enright: The Minister put the bottom line ahead of the number of cuts.

Deputy Róisín Shortall: Did the Minister poverty-proof the measures?

Pension Provisions. 81. Deputy Olwyn Enright asked the Minister for Social and Family Affairs when she will proceed with the reform of the pension system; and if she will make a statement on the matter. [2059/10] 20 Priority 19 January 2010. Questions

Deputy Mary Hanafin: The Green Paper on pensions outlined the challenges facing the Irish pensions system in the years ahead, including the sustainability of the system over the longer term in light of demographic change and the adequacy of contribution levels and benefits. The consultation process that followed publication of the Green Paper reflected the wide range of views and interests held by individuals and organisations throughout the country. While there was no consensus on ways to respond to the challenges facing our pension system, it was clear that there were significant issues and problems that people wanted addressed. Since the Green Paper was published in October 2007, the economic environment has changed considerably and the Government needs to ensure that any decisions we make in the pensions area will be robust enough to withstand the challenges that will arise in the future. We must make decisions now to ensure the adequacy of retirement incomes for this and future generations and, at the same time, develop a system that is affordable and sustainable for the State and for those who sponsor and provide pension schemes. In the past 18 months or so the Government has taken a number of steps to respond to the immediate difficulties facing pension scheme members, particularly members of defined benefit schemes. These include the establishment of a pensions insolvency payment scheme and a reordering of wind-up priorities so that, in any defined benefit wind-up situation, employees and former employees who have not yet retired may still receive a large proportion of their benefits. Legislation to support these measures was passed in the Social Welfare and Pensions Act 2009. The Government has also introduced provisions to allow for more flexible restructuring of pension benefits and stronger regulation regarding remittance of pension contributions. We have also protected people in receipt of the State pension by retaining the rates of pension and other social welfare payments for older people in the recent budget. The Government is aware that the wider and longer-term pensions policy issues require a comprehensive and co-ordinated response and has been considering a number of options to address the challenges facing our pension system. Uncertainty in the economic climate has increased the complexity of the decisions we must make but it does not prevent or deter the Government from making these vitally necessary decisions. However, it does require us to give very careful consideration, and it is precisely because the development of the national pensions framework involves decisions on such a wide range of future and complex issues that we have been spending a considerable amount of time working on it. The Taoiseach and the Minister for Finance have indicated that we hope to be in a position to publish the framework shortly.

Deputy Olwyn Enright: Every month we ask this question and we hear that it will be published shortly. What does shortly mean? We attended a Green Paper launch by the Minister for Social and Family Affairs, although I do not know whether Deputy Cullen or Deputy Hanafin was Minister at the time.

Deputy Mary Hanafin: Not I.

Deputy Olwyn Enright: He obviously made an impact. We were told it would be published very shortly but that was almost two years ago. Does the Minister have any idea when this will be published? A piecemeal approach is being taken at present, as outlined by the Minister, in respect of PIPS and other matters addressed in the budget. The latest step by the Department concerns farmers’ spouses’ pensions. The Department allowed farmers’ spouses to apply and back pay contributions if they had not paid them by the time they were 66 under the Social Welfare Consolidation Act 2005. Over the past number of weeks and months——

An Leas-Cheann Comhairle: The Deputy should ask a question. 21 Priority 19 January 2010. Questions

Deputy Olwyn Enright: I must explain it so the Minister is clear.

An Leas-Cheann Comhairle: The time is nearly up.

Deputy Olwyn Enright: The Department wrote to at least 200 farm families to ask them to repay the money, which the Department allowed them to pay into this scheme. Why has the Minister made this move? How many farm partnerships are affected? Will she give consideration to allowing them to retain the pension the Department allowed them to pay into?

An Leas-Cheann Comhairle: This is a specific question——-

Deputy Olwyn Enright: It is relevant to the question.

An Leas-Cheann Comhairle: ——and an Adjournment debate may be allowed on this matter later.

Deputy Mary Hanafin: It is a question on pensions and I anticipated it. There is no change in policy in respect of commercial partnerships and there is no change of budget in respect of commercial partnerships. Approximately 1,000 people applied for partnership under the scheme by showing that they were in partnership with their spouses. Generally, it refers to farm spouses. Of those 1,000 people, 579 cases have been decided on the basis of whether they qualify as a partnership. Some 508 of those were deemed to have a partnership in existence. Of those, 268 have applied for a pension. The rest have not reached pension age yet. These are people who qualify for the partnership and have applied to see if they qualify for a pension. Some 46 did not qualify because of the social insurance element. Some 87 were told they qualified, were put into payment but then it was discovered they did not qualify. We are talking about 87 individuals. This occurred because of an administrative mistake by the Department and I regret that it was made. Some 135 people out of 268 are in receipt of a pension. These are the accurate figures. Letters were sent by the Department last week that caused some distress to the people concerned. I regret the administrative mistake was made.

Deputy Olwyn Enright: How was a mistake like that made when the Department worked out how much people would pay back? People borrowed money in some instances to be in a position to apply to the Department. The Department knowingly allowed them to do that and people thought they were entitled to the pension. They planned accordingly and now the Department is writing to them to say that they are not allowed get it and that it was an administrative error. If the administrative error had been made on the other side, the Minister would be acting tough to get it back. This must be re-examined because it is extremely unfair to those who planned on the basis of information provided by the Department.

Deputy Mary Hanafin: There are two elements to this pension. In the first instance, people must prove that the partnership existed and then people must qualify under social insurance contributions. The section that determines whether a partnership existed did not communicate properly with the social insurance end. When the partnership was found to exist and the application was approved in respect of this, it was presumed to be approved for a pension. It was a genuine mistake and I regret that it happened. It happened in respect of 87 people, not hundreds, but it is a serious issue for those 87 people.

Deputy Olwyn Enright: The data matching is not as good as the Minister said earlier.

An Leas-Cheann Comhairle: We now move on to Other Questions and the first question is in the name of Deputy Olwyn Enright, who was fortunate in the draw. 22 Other 19 January 2010. Questions

Other Questions.

————

Social Welfare Benefits. 82. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of dental applications made on behalf of multiple customers without their knowledge; the action she will take in this regard; and if she will make a statement on the matter. [1674/10]

Deputy Mary Hanafin: Changes to the treatment benefit scheme were announced in the 2010 budget. From 1 January 2010, treatments available under the scheme are limited to a free optical and dental examination together with the treatments previously available under the medical appliance scheme, namely hearing aids and contact lenses required for medical reasons. People who at 31 December 2009 were undergoing a course of treatment or who had applied for approval to commence treatment will have their applications for dental benefit processed under the rules that operated prior to 1 January 2010. In the period immediately after the changes were announced in the budget, there was a sharp increase in the number of inquiries from customers and from dentists on behalf of customers seeking approval for dental treatment. From the level of correspondence received from some dentists, it was clear they were submitting bulk applications on behalf of their patients. Claims involving many hundred customers were received from eight dental practices. These applications were supplied in alphabetical order as if downloaded from a database. On checking with a number of customers, it became evident that many of them had not approached the dentist to seek treatment nor had they authorised the dental practice to submit an application on their behalf. The dentists concerned were contacted and agreed to withdraw the inquiries and resubmit them in the proper manner. In order to avoid any repetition of the problem, a letter was issued to all dentists clarifying the procedures to be followed in submitting eligibility and approval inquiries. These procedures include the need to ensure that the patient had given approval for the inquiry to be made and the need to provide a confirmed appointment date and contact number for each 4o’clock customer. This was difficult in some cases because the customers had passed away. It has been noted that since the letter issued, the majority of inquiries have been submitted in the correct manner. Inquiry applications received without all the relevant information are being returned. A number of dentists have been in contact with the Depart- ment since the issuing of the letter to advise that they submitted inquiries in error, to ask for them to be withdrawn and to advise that they will submit a revised list of inquiries in the correct manner. It is estimated that over 150,000 eligibility inquiries for dental treatment were received in the period between budget day and 31 December last. The inquiries in question are being processed. It strikes me that dentists were very busy in the ten working days between budget day and the end of the year. Priority is being given to confirming patient eligibility. Officials will perform spot checks on inquiries to ensure that they were submitted properly and with the consent of patients. Any breaches of the guidelines will be reported to the Office of the Data Protection Commissioner for appropriate follow-up action.

Deputy Olwyn Enright: I welcome this example of vigilance on the part of the Department. Does the Minister know how many dental practices attempted to submit lists of patients without such applications having been signed by the patients in question? How did the Department realise that dentists seemed to be submitting patients’ names without their consent? Was the alphabetical order issue the main one in this regard? Will any sanctions be applied in cases of this nature? Have the applications been returned to the people in question? Has everyone on 23 Other 19 January 2010. Questions

[Deputy Olwyn Enright.] the list been contacted by the Department to make them aware that their dentists submitted this information?

Deputy Mary Hanafin: This phenomenon came to light when applications were submitted in bulk and in alphabetical order. In some cases, all of the forms were signed with the same signature. That may have been erroneously done by receptionists. When departmental officials conducted cross-checks within the system, they found that some of the customers who were anticipating getting treatment in the future were actually dead. When some of the people on the list were telephoned on foot of those spot-checks, they said they had not been to the dentist recently. In some cases, people who had not been to the dentist for a couple of years were on the list as having been approved for future treatment.

Deputy Noel J. Coonan: They could come back from the dead for treatment, like certain people do on voting day.

Deputy Mary Hanafin: I mentioned in my reply that the bulk of the claims to which I refer came from eight dental practices. In fairness to the officials in the relevant section of the Department, they copped on very quickly to what was happening and started to contact the dentists in question. By the time they contacted the third dentist, the word had got out and he was expecting the telephone call. Two professional groups of people — opticians and dentists — were affected by the decision that was announced on budget day. When I met the opticians, I found they were particularly keen to retain the examination, which is the best way of identifying real problems. As a result, the examination was retained and there has not been a word from the opticians since. They are getting on with their work in a professional manner. By contrast, the dentists conducted an enormous campaign, involving postcards as well as radio and television advertising. They were well within their rights to do so. A number of dentists are making an awful lot of money from the system. Eligible people who properly made their appointments and submitted their applications will, of course, continue to be treated in the first few months of this year. It is important for professional bodies like those we are discussing to realise that these cuts were made with difficulty.

Deputy Róisín Shortall: This is one of the budget cuts of which people are not yet terribly well aware. It seems extraordinary that the Minister has changed the rules in a manner that drastically cuts the entitlements of those who have been paying into the social insurance fund for 25, 30 or 40 years. A lot of trouble is coming down the track in this regard. The word has not got out terribly well yet. As people try to make appointments with dentists and opticians, they are starting to discover that the Minister has interfered with their entitlements to this extent. I would like to ask the Minister about the specific abuses that are the subject of the question before the House. What was the largest number of claims to be made by an individual practice during the period between budget day and the end of the year? Does the Minister have any penalties at her disposal? What sanctions can she impose on practices that have engaged in this kind of abuse?

Deputy Mary Hanafin: People have been making their contributions into a fund that is now in deficit.

Deputy Róisín Shortall: It is not their fault.

Deputy Mary Hanafin: I know it is not.

Deputy Róisín Shortall: They have paid their social insurance contributions. 24 Other 19 January 2010. Questions

Deputy Mary Hanafin: When we made decisions in advance of last month’s budget, we had to ascertain how best the fund could be protected. We do not intend to retain these changes on a permanent basis. My aim is that they will be in place for just one year. We have maintained the two most critical elements of this scheme. The examination can highlight basic difficulties in addition to a myriad of much more serious diseases. We have protected the basic scheme while changing the eligibility criteria. We hope those changes will last just a year. As I have said, some 150,000 names were submitted in total. I am aware that one or two individual dentists submitted hundreds of names, which is quite significant. I do not have the exact numbers to hand.

Deputy Róisín Shortall: What sanctions are available to the Minister?

Deputy Mary Hanafin: The first sanction is that somebody can be reported to the Office of the Data Protection Commissioner. The use of people’s information without their permission is quite a serious offence. The Department may consider the possibility of striking individual dentists from the panel, if it is felt they were deliberately trying to defraud the system. The relevant section of the Department is trying to work through the 150,000 names to determine the degree of eligibility in each instance. We will see if anything else comes to light as a result of that.

Deputy Róisín Shortall: Does the Minister intend to take action against any of the practices?

Deputy Mary Hanafin: As this is just the third week of January, we are still in the process of taking a look at the names.

Deputy Olwyn Enright: Were the dentists involved in communication with each other?

An Leas-Cheann Comhairle: I want to make some progress by calling the next question.

Social Welfare Inspections. 83. Deputy Seymour Crawford asked the Minister for Social and Family Affairs if she has carried out a review on the way inspectors are estimating income for the self-employed and for farmers; her views on whether current income is not being accepted by some inspectors; and if she will make a statement on the matter. [1525/10]

Deputy Mary Hanafin: Jobseeker’s allowance and farm assist are means tested payments. In each case, social welfare inspectors interview claimants and make the inquiries necessary to ascertain their means. Historically, self-employed people were assessed on their income in the 12 months prior to claiming, and decisions were made on that basis. This has proved an effective measure of means during periods of relatively stable economic conditions. However, it has always been open to each applicant to make a case showing that his or her income in the coming 12 months was likely to be reduced in light of personal or economic circumstances. The Department’s inspectors and deciding officers take account of such arguments and, in assessing means, exercise their best judgment as to the likely income such a person would receive in the 12 months following their claim. In light of the changed economic environment, and recognising that the system of using past year earnings as a basis for assessing means was no longer as equitable as it had been, the Department issued a circular in May 2008 advising inspectors of the need to recognise that, in general, less work would be available in the current economic environment and, as a consequence, the income of a self-employed person may be reduced. A further circular, on self- employment process improvements, was issued in December 2009. It advised inspectors to deal 25 Other 19 January 2010. Questions

[Deputy Mary Hanafin.] efficiently and effectively with means tested cases that contain an element of self-employment. Inspectors were advised that each case should be examined on its merits and that they should apply their knowledge of local conditions to arrive at a fair assessment of the income from self- employment for the coming 12 months. Some 88% of farm assist claims and 93% of self-employed claims that were decided on in the period between January and December 2009, inclusive, were awarded. If a self-employed person’s situation changes after he or she has made an initial claim for jobseeker’s allowance or farm assist, he or she can apply to have his or her means reviewed. In addition, if the individual is dissatisfied with the means assessed, it is open to him or her to make an appeal to the social welfare appeals office. I appreciate the need to ensure that claimants who have been self-employed, and whose income is significantly affected by the economic downturn, receive their full entitlements in a timely manner. I assure the House that we are doing our best to ensure that this is achieved.

Deputy Seymour Crawford: I am sorry to have to raise this issue again. I brought a number of cases to the Minister’s attention last year. For example, I spoke about a self-employed person who went out of business last August. His ten workers have received their entitlements, but he has not yet received a single penny.

An Leas-Cheann Comhairle: A question please, Deputy.

Deputy Seymour Crawford: How can I ask a question without explaining what I am asking about?

An Leas-Cheann Comhairle: The Deputy will know that one minute is allowed for supplementary questions.

Deputy Seymour Crawford: This situation has not yet been resolved. The man in question is living entirely on the basis of the support of his family. His wife has applied for carer’s allowance. When I spoke to officials in the carer’s allowance section of the Department, they said they would re-examine the case without reference to the appeals process. That did not happen, unfortunately. Both the man and his wife are without assistance. I am also familiar with the case of a young farmer——

An Leas-Cheann Comhairle: Go raibh maith agat.

Deputy Seymour Crawford: ——with €6.50 of farm assist——

An Leas-Cheann Comhairle: We do not have time to go through the Deputy’s list of cases.

Deputy Seymour Crawford: He got farm assist all right. He got €6.50 for himself, his wife and his children. We asked the Department to get the inspector to re-examine the matter.

An Leas-Cheann Comhairle: The Deputy cannot simply ignore the Chair.

Deputy Seymour Crawford: The inspector refused to do so. What is the Minister going to do about that?

An Leas-Cheann Comhairle: Before the Minister replies, I ask the Deputy to have some regard for the Chair. The rules which exist for the asking of questions can be set aside if the House so decides but in the interim the Chair should be allowed to apply them. 26 Other 19 January 2010. Questions

Deputy Mary Hanafin: Genuine issues arise in respect of self-employed people seeking unemployment assistance. We took these issues on board in recognising that the income a person earned over the preceding 12 months could not reflect what he or she could earn during the following year. This is why new circulars were issued to inspectors. Bearing in mind some of the concerns raised by Deputy Crawford on previous occasions, a substantial new circular issued to inspectors last month to ensure, for example, they did not take sole account of previous incomes. Accounts cannot be exclusively relied upon or considered in isolation from other factors. The circular tells inspectors precisely what they should look for and advises them to be cognisant of the fact that employment is unavailable. The projected net income for the succeeding 12 months should take account of the downturn and reflect diminishing trade on a proportionate basis. We are sending the message to our offices and inspectors that there is a cohort of self-employed people who may have earned a decent income 12 months ago but cannot at present expect similar remuneration. The figures speak for themselves when I note that 88% of applications under farm assist were granted and that 93% of those who sought unemployment assistance were self-employed. I am aware the Deputy is interested in a particular case but the issues he has set out are not reflective of the success of the scheme overall.

Deputy Seymour Crawford: I assure the Minister that the example I have set out is only one of many. What efforts will be made by the Minister to ensure that inspectors follow her directions? It appears that a few people are ignoring them. Is it fair that somebody should have been waiting since early summer for a result?

Deputy Mary Hanafin: Inspectors have already received three circulars and they have also been brought together in a workshop so that the details of the scheme could be explained and their fair implementation ensured. We will continue to keep the matter under review.

Social Welfare Benefits. 84. Deputy Seymour Crawford asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Monaghan in receipt of farm assist has had payment reduced from €15.90 to €2.10; her views on whether this is a serious income reduction for someone on such a low income; and if she will make a statement on the matter. [1524/10]

Deputy Mary Hanafin: Arising from the changes made in the Social Welfare Act 2010 the rates of payment for both jobseeker’s allowance and farm assist payments were reduced. Accordingly, the farm assist payment of the person concerned was reduced in line with these provisions with effect from 1 January 2010. The person concerned applied for and was awarded farm assist with effect from 19 November 2008. In such cases, a social welfare inspector interviews the claimant and makes such inquiries as are necessary to ascertain his or her means. The person’s means were assessed at €324 per week, derived from his spouse’s income from employment and farm income. Where a person’s situation changes after making an initial claim for farm assist, he or she can apply to have his or her means reviewed. In addition, it is open to the individual, if he or she is dissatisfied with the means assessed, to make an appeal to the social welfare appeals office. The person concerned requested a review of his means in November 2009 and a social welfare investigator duly reviewed his circumstances. However, based on the information provided by the claimant, there was no material change in the means derived from his farming enterprise and his wife’s income from employment remained unchanged. Accordingly there 27 Adjournment 19 January 2010. Debate Matters

[Deputy Mary Hanafin.] was no change in his means. He was notified of this decision and of his right to appeal to the social welfare appeals office. The Deputy will be aware that in light of the changed economic environment the basis for assessing means in cases where self-employment is involved was reviewed by my Department, which issued circulars in May 2008 and December 2009 advising inspectors and deciding officers of the changed economic circumstances and the need to recognise that, in general, claimants’ self-employed income potential has reduced. Inspectors were advised that each case should be examined on its respective merits and that they should apply their knowledge of local conditions to arrive at a fair assessment of the income from self-employment in the coming 12 months. I appreciate the need to ensure that claimants who have farm income and whose income is significantly affected by the economic downturn receive their full and fair entitlements having regard to the legislative provisions and means test that apply.

Deputy Seymour Crawford: This man’s wife earns a low income by working in retail four days per week and he owns a farm comprising 14 acres. I hope his application will be reassessed in order to take account of his actual income because the decision as it stands is extremely unfair.

Deputy Mary Hanafin: Difficulties arise where the wife is also working because her income is also taken into account. We accept that somebody might need farm assist but the household income must be considered. This is a social issue because in the past the man was the main breadwinner but the roles have now reversed and men are being refused social welfare assistance because their household income is being earned by their spouses.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Broughan — the urgent need for the Minister to fully report to the Dáil on why cutbacks of up to 30% in funding have been sanctioned in 2010 for sphere 17 and RASP programmes in Dublin 17, which provide essential community programmes including educational, health, art, drug outreach and counselling programmes and support for the local travelling community, given the appalling effect these cutbacks will have on the local north Coolock communities and to ask the Minister to indicate whether the Government is planning to end completely funding for these vital programmes in 2011 and if he will make a statement on the matter; (2) Deputy Burton — in light of the recent acknowledgement by the Department of Justice, Equality and Law Reform that women and young girls were routinely committed by order of the courts and other mechanisms to institutions and homes run by religious orders, known as Magdalene laundries, to ask whether the Minister will make a statement and outline the position in respect of files and records held by Departments, if these files will be released and what the Minister proposes to do in respect of this matter and the proposals made by the Justice for Magdalene Group; (3) Deputy Feighan — to ask the Minister for Education and Science if he will expedite the provision of the new school in Ballinamore, County Leitrim, due to the fact that the current school, Mean Scoil Fatima, has been severely damaged by fire and whether he will provide suitable accommodation in the interim for the students as a matter of urgency; (4) Deputy McCormack — the proposals for deciding the preferred corridor for the construction of the new R336 road from Barna to Rosamhíl, County Galway; (5) Deputies 28 Leaders’ 19 January 2010. Questions

Creed, Enright and Deenihan — the pension entitlements of farm spouses; (6) Deputy Shatter — the suspension of negotiations with Vietnam on a bilateral adoption agreement; (7) Deputy Ferris — the ongoing difficulties faced by staff and patients and Kerry General Hospital; (8) Deputy Tom Hayes — in light of very serious problems with the N24, to ask the Minister for Environment, Heritage and Local Government to respond to a request by South Tipperary County Council to his Department for special funding; (9) Deputy Costello — the need for the Minister for the Environment, Heritage and Local Government to ensure that a national strategy be prepared to deal with the increasing crisis in the supply of drinking water; (10) Deputy Bannon — the need for the Minister for Environment, Heritage and Local Government to update this House as to when he will be implementing and funding the river basin management plan for the Shannon river basin district, which he signed in October 2009; (11) Deputies Breen, Joe Carey, Doyle, Kehoe and Timmins — the provision of additional funding to local authorities in respect of road maintenance following the recent bad weather; (12) Deputy O’Donnell — to call on the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Coughlan, to immediately implement and resource the recommendations of the mid- west jobs taskforce report, which she established, and to ask her plans for the disbursement of funds for redundant workers under the European Globalisation Fund; (13) Deputy Hogan — the proposals to deal with the fallout from the severe weather crisis for communities and the allocation of financial resources to achieve the early implementation of those plans and to ask whether a statement will be made on the matter; (14) Deputy Creighton — the urgent need for an investigation by the Minister for the Environment, Heritage and Local Government into the ongoing water crisis in Dublin, and the need for emergency funding to be provided for the repair and maintenance of water infrastructure; (15) Deputy Coonan — to raise with the Mini- ster of State at the Department of Health and Children, Deputy Moloney, the provision of mental health services in north Tipperary and to ask the proposals his Department have made for the delivery of mental health services, both acute and community-based, following HSE proposals to close St. Michael’s unit in Clonmel, which currently provides acute psychiatric services for both north and south Tipperary, and whether his Department plans to provide capital funding for proposed high dependency psychiatric units in north Tipperary; (16) Deputy Clune — the need to regulate the sale of certain products in head shops in Ireland; (17) Deputy Mattie McGrath — the proposed transfer of acute services from St. Michael’s psychiatric hospital in Clonmel to Kilkenny; and (18) Deputy McHugh — the need for the Minister for Finance to disclose all new capital projects gone to tender that will begin this year across all Departments, all new capital projects gone to tender that were due to start this year across all Departments but are not now proceeding and all capital projects that are in the middle of construction at present, and to comment on the importance of such projects in getting capital flowing into banks and around the economy. The matters raised by Deputies Shatter, Breen, Joe Carey, Doyle, Kehoe, Timmins, Creed, Enright and Deenihan have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: No issue in the past 30 years has consumed the minds of the Irish public like the crisis that has arisen because of the catastrophic failure of our banking system. It is necessary that we conduct a comprehensive inquiry into the reasons for regulatory failure, the adoption of policy positions which amounted to an endorsement of that failure and the fact that hundreds of thousands of Irish people now have to pay the price. Last week I published proposals on behalf of the Fine Gael Party on the kind of inquiry we would like to see. Under these proposals, the Oireachtas would be empowered to set out terms of reference for the collection of information necessary for an inquiry which would not cross 29 Leaders’ 19 January 2010. Questions

[Deputy Enda Kenny.] the boundaries of the Director of Corporate Enforcement and the fraud squad. I am aware that the Labour Party has separately published a broadly similar set of proposals. I reject the line that the Government has suddenly changed its position from opposing an inquiry to advocating an inquiry of sorts. I also reject the claim that the banking crisis was not caused in part by policy failures and lax regulatory reform while the Taoiseach was Minister for Finance. I do not accept the proposals published by the Government in response to the Labour Party Private Members’ Motion for a number of reasons. First, the Government would commission the initial reports, the terms of which make no mention whatsoever of the responsibility and role of Government in the policy decisions which led in part to this crisis. Second, the establishment of the kind of commission being proposed by the Government would amount to a secretive whitewash, which is not in the interest of transparency or public accountability. Third, what the Taoiseach proposes would relegate the Oireachtas to a sideline position of no importance or centrality other than to be briefed by the Governor of the Central Bank and the regulator and to have reports laid before it which it would be invited to consider. This proposal looks like a whitewash, a secretive concoction put together by Government. I contend that the Taoiseach, as leader of his party, is afraid to have the type of inquiry that the public wants, not in the interests of any individual but because of the ineffective regulatory reforms and lax approach the Government adopted and the policy positions driven principally by the Taoiseach in his former position as Minister for Finance, which put the economic ship of State on the rocks.

Deputies: Hear, hear.

Deputy Enda Kenny: The only type of inquiry that will be fruitful, beneficial, transparent, accountable and that will be seen to work is one that has cross-party support in the Houses of the Oireachtas. I challenge the Taoiseach as Head of Government, if he is serious about sorting these matters out in such a way that the system will then be watertight and the same problems cannot recur, to leave aside his current proposal and to work with the Opposition parties to put in place an inquiry that will deal with these matters without crossing the lines of the Director of Corporate Enforcement or the fraud squad but in an effective manner such as the Oireachtas has proved in the past can be done. There must be that type of effective investigation into the regulatory and policy failures that occurred, and all those internal and external audit situations, in the public interest. It is important for our personal security, our international reputation and to ensure we have a functioning banking system. Will the Taoiseach work with the Opposition parties to establish, by agreement, an Oireachtas committee with the capacity to deal with these matters in the way we know it can be done?

Deputies: Hear, hear.

The Taoiseach: I reject Deputy’s Kenny’s political assertions on a whole range of fronts in respect of these matters. First, the Government has always said it will give careful consideration to this issue and that it requires such careful consideration. That is why we have come forward with our proposal. Second, we do not wish to cut across existing investigations, whether of a criminal or regulatory nature. Third, we wish to ensure that the Government, the Central Bank and an independent expert of stature will look at all aspects of this issue, including the background to and causes of the current banking and financial crisis. The documents arising from that process will be published and the Oireachtas will have hearings into those reports. More- over, in consultation with the Oireachtas, we will agree specific terms of reference arising out 30 Leaders’ 19 January 2010. Questions of those recommendations from eminent persons whose integrity will not be questioned by anybody in the House. That will enable a commission of investigation to be established. Far from what has been suggested by Deputy Kenny, this is a tried and tested mode of investigation that has brought results in the public interest in other matters and can also do so in this case. Once that publication has been brought forward, the Oireachtas or the appropriate committee may have further hearings on it. That is the view of the Government as to how we should proceed. We will put in place a timely, cost effective, proven procedure in order to ascertain the facts of the situation and the background to and causes of what has occurred and to learn whatever lessons are to be learned for the future as a result of that expertise being available to us.

Deputy Enda Kenny: There is no mention in the Government’s publication of further hearings. It refers to the Oireachtas being briefed and reports being laid before the Houses for their consideration. In the public mind, the Government’s publication is the response of insiders for insiders designed to protect insiders.

Deputies: Hear, hear.

Deputy Enda Kenny: That is not the way it should be. The situation that has blown up in the faces of hundreds and thousands of people arises in the context of a situation where we were told on many occasions that our banks were the best capitalised in the world. Yet a High Court judge said yesterday he was astonished at the laxity of approval of loans including one for €550 million. As leader of the Opposition, I attended, with party colleagues, a briefing by representatives of Anglo Irish Bank in November 2008 where we were given so-called facts that were completely and utterly untrue in respect of the work being carried out by that bank. When I asked whether there was anything else we should know about the bank, I was told there was not. Three weeks later serious revelations began to unfold. The Fianna Fáil Party is being branded in the public perception as having been involved in some type of secret deal because of a fear of the truth that will emerge in respect of the regulatory and policy failures that occurred, many of which were conducted in the course of the tenure in government of the Taoiseach’s party. If the Taoiseach is interested in rectifying that he should look to the inquiry conducted by the late Jim Mitchell in regard to DIRT. That committee worked on the basis of findings from the then Comptroller and Auditor General and did its work in a timely fashion and with great cost effectiveness. This House should not be sidelined to irrelevancy by a Government publication that says it can only talk about issues long after they have been considered by a commission of investigation set up by the Government.

An Ceann Comhairle: Does the Deputy have a question for the Taoiseach?

Deputy Enda Kenny: The Taoiseach was involved in making policy decisions that in part have resulted in so many people facing negative equity, unable to pay their mortgages and being completely screwed by the banks when they seek credit. The Taoiseach must insist, in everybody’s interest, that our Parliament may inquire with proper accountability, transparency and effectiveness into the regulatory and policy failures which led to the current situation. That is extremely important. What the Taoiseach has done, however, is to condemn himself to being perceived as secretive, operating behind closed doors and whitewashing the truth so that the public will never discover it.

An Ceann Comhairle: Will the Deputy put a question to the Taoiseach? 31 Leaders’ 19 January 2010. Questions

Deputy Enda Kenny: That approach has been deemed by the public to be a self-protection racket. The Taoiseach should not be afraid of the truth. He has said on many occasions that he stands over every decision he has made. Now is the time to prove it by working with the Opposition parties to establish an inquiry that is open, accountable and transparent and which will deliver in the public interest.

A Deputy: What we do not want is a cover-up.

The Taoiseach: Political jibes and attacks are no substitute for substance.

Deputy Michael Creed: The Taoiseach has a conflict of interest, that is the problem.

The Taoiseach: Deputy Kenny has just displayed his incapacity to look objectively at any aspect of this issue. We need people with expertise who will objectively assemble the facts and on the basis of those facts enable the Oireachtas to deal with them and to come forward with whatever recommendations they wish based on whatever proceedings are proposed in the appropriate Oireachtas committee. That is what needs to be done. In regard to the Deputy’s attack on me, I have no problem with co-operating with an inquiry. Every Member of this House will assist in whatever way he or she is required to do in looking at the background to and causes of the banking crisis. I am no exception and I will willingly and fully co-operate in that respect. The point I have made is that the Government has decided, in the interests of not cutting across existing investigations, to utilise a proven means of investigation. Only last December the Deputy stood in this Chamber praising the commission of investigation procedure in terms of how it did its work on another important matter of public interest. That commission was able to uncover problems that were hidden in this society for decades. There is the capacity under that system to appoint people of expert ability to deal with these matters. All the documents that will emerge from this process will be available for public and Oireachtas scrutiny and further consideration and work by the latter as it sees fit. That is the way to proceed, namely, in a timely way that is cost effective and that will ensure matters will be dealt with properly and appropriately. We will take it from there. It is the Government’s belief that that is the way we should proceed.

Deputy Eamon Gilmore: When I asked the Taoiseach just before Christmas about holding an inquiry into what happened in the banking sector he was very reluctant to agree that there should be such an inquiry. He informed us today that he and the Government have given the matter careful consideration. That is true. They have given it very careful consideration. In the face of the Labour Party motion that is before the House tonight they have come up with a cleverly designed amendment that is calculated to make this an inquiry in name only; to keep it firmly behind closed doors, to drag it out for as long as possible and to exclude political accountability. What the Labour Party is proposing, and what the Fine Gael Party has proposed, is essentially a two-stage process, one which would involve a specialist investigation that would establish a book of evidence-type of document that would then be the subject of examination by an Oireachtas committee. What the Government has proposed in its amendment is not a two-stage process but one which is three, arguably four stages long, designed to drag it on for as long as possible. I have a copy of the statement made by Senator Boyle in recent days in which we are told the Minister for the Environment, Heritage and Local Government, Deputy Gormley, put a few principles to the Taoiseach that the Green Party had agreed on, that the inquiry would be “public, open and have Oireachtas involvement”. I am quoting directly from Senator Boyle. The inquiry the Taoiseach is proposing is not public, it will be held in private. It is not open, it will be conducted behind closed doors and it will have only a minimal amount of Oireachtas involvement. If the 32 Leaders’ 19 January 2010. Questions

Minister, Deputy Gormley, thinks he has a compromise, it is one which replaces his call for a public inquiry with a concession of two private inquiries instead. That is totally deficient. First, it is three stages, arguably four if one includes the stage where the Governor of the Central Bank will be reporting on his own institution. The inquiry will be dragged out. I accept the Taoiseach has included dates for completion of each stage but if one takes the commission of investigation, for example, it will be set up in June, then one has the summer holidays. The Taoiseach says it will report within six months. We can safely predict that the first report from that commission of investigation will be to seek additional time.

Deputy Pádraic McCormack: After the election.

Deputy Eamon Gilmore: By the time that commission of investigation eventually reaches conclusions, we will be told, as we were in the case of the Murphy and Ryan reports, that we have to wait until persons who are named or identified in the report have seen the draft and have an opportunity to respond to it, all of which will put it safely beyond the next general election, which is where the Taoiseach wants to put it.

Deputy Pádraic McCormack: That is the catch.

Deputy Eamon Gilmore: In case the Taoiseach did not get it, he has amazingly excluded himself in his previous role as Minister for Finance and his Department from the inquiry. According to the amendment the Government has produced, these reports will consider the international, social and macroeconomic environment which provided the context for the recent crisis in the banking sector. There is no mention of the political or governmental environment, the role of the Department of Finance or the Minister for Finance, namely, the Taoiseach when he was in that capacity.

Deputy Michael Creed: Was there a conflict of interests?

Deputy Jim O’Keeffe: Afghanistan.

An Ceann Comhairle: Does the Deputy have a question?

Deputy Eamon Gilmore: I wish to ask the Taoiseach specifically why the Department of Finance and the Minister for Finance have been excluded from the remit of this so-called inquiry. Why, for example, does it say that this inquiry will investigate banking up to September 2008? What does up to September 2008 mean? Does it mean 31 August? If it does, does that not exclude the very month in which the Government introduced the guarantee on the banking system? If that is only a drafting mistake, why would one in any event end it at September 2008 when several significant events happened after September 2008 which would now be outside the remit of the inquiry? For example, the telephone call from Anglo Irish Bank telling staff to the Financial Regulator in October indicating that the bank was manipulating its balance sheet and that the figures they had were not real numbers. The amendment the Government has proposed to the Labour Party motion tonight is a dodge. It is an attempt to replace what we in the Labour Party, Fine Gael, the public, the Governor of the Central Bank and most responsible opinion is looking for, namely, an inquiry into what happened to our banking system and for it to be conducted openly and in public. The Government is replacing that with a privately conducted behind-closed-doors three or four stage exercise that will be dragged on until the Government gets to the other side of a general election. 33 Leaders’ 19 January 2010. Questions

The Taoiseach: Again, I reject the contentions made by Deputy Gilmore. First, on the question of the holding of an inquiry, I said it did require careful consideration. Absolutely. Issues require to be urgently dealt with by Government in the coming weeks and months on the restructuring of the banking system, the transfer of assets to NAMA, and the need to ensure that the recovery and stabilisation we are seeking to achieve in the financial industry is underpinned not undermined. That is the first point. The second point is a two-stage process. I reject Deputy Gilmore’s contention that it is our intention to have the inquiry continue for a long time. We have indicated the timelines we have in mind.

Deputy Pádraic McCormack: In your mind.

The Taoiseach: If Deputy Gilmore on the one hand wants an inquiry to be prolonged and open-ended; we know how one goes about doing that.

Deputy Tom Sheahan: You sure do.

The Taoiseach: The benefit of the commission of investigation approach is that it provides tribunal-like powers without tribunal-like costs and tribunal-like timespans, which is what the public and everyone in this House is interested in. Deputy Gilmore quoted the Governor of the Central Bank. He indicated at the time that what we want to do is put the finger on any processes and structures in our entire system that contributed to this, namely, the background and causes to the financial problems we have. That is what we are seeking to do. Since then we have been involved in taking decisions, all of which have been opposed, with the exception of the guarantee which was supported by Fine Gael, a guarantee which obtained state aid approval from the European Union, precisely because and for the sole reason that it was necessary to avoid what it said would a meltdown of the financial markets in this country. That is what the European Commission said. That is how necessary it was, although it was opposed by Deputy Gilmore at the time.

Deputy Eamon Gilmore: Dead right.

The Taoiseach: Those decisions that have been taken by Government have been democratically debated in this House, have been legislated upon and are part of the recovery we are seeking to achieve not only in the financial area but for the economy as a whole. More urgent work needs to be done on that issue in the future weeks and months, which the Government is committed to doing, as the Minister for Finance has set out over the Christmas period. That will be done, but in the meantime an exercise will take place which will be carried out by the Governor of the Central Bank, a person whose appointment was welcomed by all and sundry, rightly so given his reputation, who was not involved in any past activities or policies in the banks. I presume people will accept he is in a position to draw up a report as set out in the Government motion. There will also be an independent expert of international repute who could also consider the broader issues in the banking system itself. When it comes to those reports being made available publicly and debated in the House or elsewhere within the House, the terms of reference for a commission of investigation would be drawn up on the basis of consulting with the Oireachtas and also drawing on the conclusions of two people in whom we have full confidence regarding their integrity and objectivity in this matter. The terms of reference for the commission of investigation is not predetermined at this point precisely because a two-stage process needs to take place. It is for all of those reasons that the Government is anxious to ensure we address the issue. 34 Leaders’ 19 January 2010. Questions

I accept there is a need for an investigation into those matters. It must be carried out objectively and in a timely way with the required expertise. It will involve the Oireachtas at all stages in terms of meeting with the Governor of the Central Bank and the independent expert at the outset of their work to be briefed on the Oireachtas’s priorities for investigation. An Oireachtas committee will be given the task of considering the findings of the reports when they are concluded. The terms of reference of the commission will be informed following consultation with the Oireachtas. The report of the commission of investigation will be laid before the Oireachtas for its further consideration and action by an appropriate Oireachtas committee if it so wishes. That is where the Oireachtas is getting involved once the facts have been assembled.

Deputy Michael Creed: By somebody else.

The Taoiseach: However, it is clear also, if I may say so, in regard to what Deputy Gilmore has had to say publicly on these matters, even as late as last Sunday, that he has predetermined his decision as to what the situation was regarding this matter, so his objectivity is not really available to us either. Let it be dealt with by people with expertise, let the Oireachtas deal with it on the basis of the facts as they are assembled and let us get on with the business of doing it in a timely and cost-effective way. That is what is required in terms of meeting the public interest, and that is what the Government seeks to achieve.

Deputy Eamon Gilmore: First, nobody has proposed a tribunal style inquiry, so the Taoiseach is trying to shoot down something that has not been proposed at all. What the Labour Party proposed was an Oireachtas inquiry along the lines of the DIRT inquiry and to support that——

Deputy Michael Mulcahy: Abbeylara.

Deputy Michael Creed: Deputy Mulcahy has been given his lines.

Deputy Eamon Gilmore: We published a Bill to deal with the Abbeylara problem.

Deputy Dermot Ahern: As usual, it is not worth the paper it is printed on.

Deputy Eamon Gilmore: The purpose of it was to give an Oireachtas committee the power to deal with that. The Taoiseach has not told us, first, why the Department of Finance and the Minister for Finance have been excluded from the remit of what is being proposed.

Deputies: They have not.

Deputy Eamon Gilmore: He has not explained why this inquiry is to be conducted in private. The last time he made an attempt to say he was not too keen on the idea of an inquiry, before Christmas, he told us that he did not want the time of officials and of people in the banking sector to be taken up with having to deal with an inquiry in these times.

The Taoiseach: I did not say that either.

Deputy Eamon Gilmore: Their time is going to be taken up dealing with these various three stages now rather than having them conducted in public. The Taoiseach has given us no explanation as to why this should be done in private rather than in public. He has cited the precedent of the commissions of investigation leading to the Ryan report and the Murphy report. Those were appropriate commissions of investigation dealing with sensitive matters involving individuals. That is what the commissions of investigation legislation was about; for example, if some- 35 Leaders’ 19 January 2010. Questions

[Deputy Eamon Gilmore.] body was assaulted or injured in a Garda station, that is the type of issue that could be investigated by a commission of investigation. This is public business. This is business that affects every single taxpayer in the country, people who will have to pay for years to come for the failings that happened in the banking system. The public are entitled to have this inquiry conducted in public so they can draw their own conclusions and see it carried out as a public exercise.

An Ceann Comhairle: Can we have a question?

Deputy Eamon Gilmore: The Taoiseach has not explained why it is to be conducted in private and why the Department of Finance is excluded. Neither has he addressed the issue as to whether September 2008 is in or not in the terms of this proposal he has put before us, and, if it is in, why is the period after September 2008 excluded from it?

The Taoiseach: The purpose of the inquiry is to look into the background and causes of the financial problems that arose. That is what we are doing. Since they arose, we had to take decisions, including emergency decisions. They have been debated in this House and their merits or demerits, according to how people have felt democratically, have been discussed and debated. Thankfully, the decisions have been taken because we now have a far greater degree of stability than would otherwise be the case if we did not take those decisions. That is the situation. When the governor first brought up these matters, we were asked to look into them and that is what we are going to do. We are in the process. With regard to the question of exclusion, no one is excluded.

Deputy Eamon Gilmore: They are not in it. There is no mention of them.

The Taoiseach: Sorry, Deputy. If I may explain to the Deputy, no one is excluded. I said I am available at any time in respect of any decisions I have ever taken in public office at any time.

Deputy Pat Rabbitte: It is good he is available.

The Taoiseach: With regard to the idea that anyone is excluded, nobody is excluded. The terms of reference of the commission of investigation will be drawn up based on the reports which will be provided by Professor Honohan and the international experts.

Deputy Paul Kehoe: Will the Taoiseach remember? What will his memory be like?

An Ceann Comhairle: Order, please. Allow the Taoiseach to continue.

The Taoiseach: In the meantime, in respect of any reports they bring forward, if they wish to speak to any personages in this House or elsewhere, we will all be available to talk to them as well. There is no problem in regard to any of that.

Deputy Noel J. Coonan: The Taoiseach told us that before.

The Taoiseach: The point I want to make is that Professor Honohan said at the time that he did not think a witch hunt was the answer.

Deputy Eamon Gilmore: Nobody does.

The Taoiseach: He said we should get to the facts. This is a way of getting to the facts. 36 Requests to move Adjournment of 19 January 2010. Dáil under Standing Order 32

Deputy James Reilly: It was a way of keeping the facts behind closed doors.

The Taoiseach: It is clear that the leaders and others in this House are not interested in getting to the facts. They wish to make a political point. I am confident that when the facts are established regarding any duties I had in regard to this matter——

Deputy Eamon Gilmore: In 2015.

The Taoiseach: It will not be in 2015. It will be reported on 31 May in the first report and thereafter we will seek to have it——

Deputy Eamon Gilmore: That is the first bit. Then we will have the next bit and then the next bit.

The Taoiseach: No. I am sorry. The Deputy wants to interrupt me as he has not been listening. I have explained the background to this as far as the Government is concerned. We want to see an outcome that assembles the facts——

Deputy Pádraic McCormack: It wants to bury the facts.

The Taoiseach: ——and allows the Oireachtas to discuss and deal with those matters as it sees fit thereafter. As Deputy Gilmore knows, there are problems in regard to how current committees work, based on Supreme Court decisions.

Deputy Eamon Gilmore: We have a Bill in that regard.

The Taoiseach: We also have a proven means of doing it now, of making sure we proceed right now——

Deputy Eamon Gilmore: The Government is not doing it now.

The Taoiseach: ——with the first two reports that will come in May and thereafter, based on the terms of reference that will arise.

Deputy James Reilly: Now, or in May?

The Taoiseach: That is what we are prepared to do, and we are prepared to come to the Oireachtas, as members of an Oireachtas committee or otherwise, to see what else people want to talk about as a result of it.

Deputy Eamon Gilmore: It is a cover up.

The Taoiseach: The only cover up is the way Deputy Gilmore has sought to cover up his attempt to prejudge and predetermine, as he has been doing all along in regard to this matter, in an irresponsible way.

Deputy Jim O’Keeffe: Methinks the Taoiseach protests too much.

Requests to move Adjournment of Dáil under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 32. I propose to deal with these topics separately and I will call on Deputies in the order in which they submitted their notices to my office. 37 Requests to move Adjournment of 19 January 2010. Dáil under Standing Order 32

Deputy Catherine Byrne: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the need to urgently address the growing concern of parents, medics and gardaí over the sale of legal high drugs and the need to outlaw the sale of these products through head shops.

Deputy Finian McGrath: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the urgent need to support the residents of Killester, Artane, Cromcastle, Whitethorn, Coolock, Clontarf and Griffith Avenue with their significant water problems; and to call on the Minister for the Environment, Heritage and Local Government to support and work with Dublin City Council in resolving this crisis.

Deputy Seán Sherlock: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the current appalling condition of roads in County Cork; and to ask the Minister for Transport to increase funding for the maintenance of county and non-national roads in that county, and to examine why the road network in County Cork is severely under-funded and why funding for roadways in Cork is considerably lower per kilometre compared to most other counties in the State.

Deputy Caoimhghín Ó Caoláin: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the need for the Minister for Health and Children to reject the draft HSE plan for 2010 with its proposals for the closure of a further 1,100 acute hospital beds and the cutting of hospital admissions by some tens of thousands, all in the context of ongoing health cutbacks; an increase in the number of patients on trolleys in accident and emergency departments, 426 yesterday compared to 313 at the same time last year; overcrowding leading to the spread of hospital infections such as the recent C. difficile outbreak in the north east; and the continuing downgrading of hospitals, the latest being the decision to close the 40-bed psychiatric unit in South Tipperary General Hospital in Clonmel.

Deputy Fergus O’Dowd: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the need for the Government to explain how our national, regional and local roads will be repaired following the recent atrocious weather conditions and damage done to the transport infrastructure and the economy as a result.

Deputy James Bannon: I wish to seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the fact that one in five members of the Judiciary has failed to make a contribution towards the pension levy. I first raised the matter of the inequality arising from the exemption of the Judiciary from this levy almost one year ago on 17 February 2009, but the matter has not been resolved. In common with other higher civil servants, the Judiciary is being let off the hook.

Deputy Seán Barrett: Guilty.

Deputy Olivia Mitchell: I wish to raise the following matter of urgent public importance, namely, the threatened air traffic controller strike, which would be significantly damaging to the already ailing tourism industry and to Ireland’s reputation as a country open for business, and the need to avert this protest before it causes further disruption in international travel plans.

Deputies: Hear, hear.

Deputy Phil Hogan: Under Standing Order 32, I wish to raise the need for the Minister for the Environment, Heritage and Local Government to outline to the House how people can be 38 Order of 19 January 2010. Business assured that they will get the necessary remedies to alleviate and deal with matters relating to road, water and other infrastructure arising from the recent severe weather.

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

Order of Business. The Taoiseach: It is proposed to take No. 10, motion re ministerial rota for parliamentary questions; No. 11 — motion re referral to joint committee of a proposed approval by Dáil Éireann of the Horse and Greyhound Racing Fund Regulations 2010; and No. 23 — statements on banking. It is proposed, notwithstanding anything in Standing Orders, that Nos. 10 and 11 will be decided without debate. Standing Order 56(3) shall not apply regarding No. 23 and the proceedings thereon will, if not previously concluded, be brought to a conclusion at 7 p.m. tonight and the following arrangements shall apply. The statements of a Minister or Minister of State and the main spokespersons from Fine Gael, Labour and Sinn Féin, who will be called upon in that order, will not exceed ten minutes in each case. The statement of each other Member called upon shall not exceed ten minutes in each case. Members may share time and a Minister or Minister of State shall be called upon to make a statement in reply, which shall not exceed five minutes. Private Members’ business shall be No. 80, motion re banking crisis.

An Ceann Comhairle: There are two proposals to be put to the House. Is the proposal for dealing with Nos. 10 and 11 agreed to? Agreed. Is the proposal for dealing with No. 23 agreed to? Agreed.

Deputy Enda Kenny: The Ceann Comhairle is in a state of shock that the proposals were agreed. Well done. It is a new year’s resolution. One of the first acts of the so-called rainbow Government of 1994-97 was to make an exceptional fund available for the repair of county roads. What we witnessed on yesterday’s “Six One” news and the reports from all over the country require that some emergency Government funding be made available to local authorities. The current estimate is €150 million. Did the Government consider this matter at its meeting this morning and is there to be a response from the Minister for the Environment, Heritage and Local Government? What is the expected publication date of the proposed wildlife (amendment) Bill, which is mentioned in section A of the Government’s legislative list? Is it to be published before the end of March? I gave the Taoiseach notice of my next questions, as I have raised them previously. Upon the closure of the Dell complex in County Limerick, the Government set up a task force to deal with the consequences and opportunities for the mid-western region. Under the chairmanship of Mr. Denis Brosnan, that task force produced an interim report that was to be debated in the Dáil, but no such debate has occurred. Will the Taoiseach instruct the Chief Whip to make Government time available at an appropriate time so that the House can debate the recommendations in the task force’s report? May I make a similar request in respect of the publication of the scheme dealing with the lost at sea situation, namely, that time be allocated for a debate in the House prior to the scheme being sent to a committee?

The Taoiseach: On the situation that has arisen as a result of the recent very severe weather, I first want to thank and congratulate everyone who has been involved at local authority level 39 Order of 19 January 2010. Business

[The Taoiseach.] and in the provision of local services on their efforts throughout that difficult period in keeping our road network going and helping communities at risk or vulnerable people who had to be looked after. Obviously, there is an assessment taking place of the damage done to, as all of us will be aware, the national and regional roads. It would be important that local authorities would give priority to the surface dressing of the parts of the roads affected. Not all roads were affected, but this situation must take priority in the context of their existing allocations rather than looking to restoration or new road developments. Looking to this as a priority is something that local authorities will now need to consider. The wildlife (amendment) Bill is due this session. I will ask the Chief Whip about any debate that could be arranged based on the Limerick situation.

Deputy Eamon Gilmore: Everyone in the House and the general public are horrified by the scenes of Haiti on our television screens and in newspapers. Will time be provided this week for a report from the Minister? I saw the Minister of State, Deputy Peter Power, at yesterday’s European meeting in connection with this matter, but some time should be provided this week for a statement from the Minister for Foreign Affairs or the Minister of State on what is occurring in terms of Ireland’s contribution to the aid and rescue efforts, as it would allow the House some short time to offer comments and to discuss how an Irish effort might be mobilised, improved or increased to assist in that significant humanitarian horror. Before Christmas, I asked the Taoiseach about the Government’s proposal to have an election in June for a directly elected mayor of Dublin. I pointed out that our difficulty with the proposal was that we did not know what it was we were supposed to be electing. No legislation has been published or details announced by the Minister for the Environment, Heritage and Local Government regarding what the office will entail and how it will relate to the rest of the local government system in Dublin.

Deputy Seán Barrett: He does not know.

Deputy Eamon Gilmore: I was somewhat surprised not to see the Bill in the Government’s list of legislation to be published this session. It is still in section C of the legislative list, namely, a Bill for which the Government has not yet approved heads. Are there heads for the Bill? Does anyone know what the directly elected mayor of Dublin will do, what type of office it will be and what types of power it will have? Will the Taoiseach encourage the Minister who is not the “Minister for Snow” to tell the rest of the House what this office entails and to supply the House with the heads of the Bill if he has prepared them? Does the Taoiseach have any indication as to when the heads of the Bill might be before the Government? Apart from the fact that we do not know what the office will entail and even if the Government’s proposal is a serious one with which the Government intends to go ahead, we have reached a stage involving a degree of electoral sharp practice. Were we to have an election in June for something as important as this, we would at least need a better state of knowledge about it than we currently possess. Once and for all, will the Taoiseach clarify whether there will be an office of a directly elected lord mayor of Dublin; will the election be in June; when will we see what the office entails; and can the House see the Bill’s heads, assuming they have been prepared?

Deputy Caoimhghín Ó Caoláin: On the same issue.

40 Order of 19 January 2010. Business

Deputy Pat Rabbitte: Where are the Green Party Members? Are they attending a public event?

Deputy Bernard J. Durkan: Are they on the sun bed?

Deputy Michael Creed: Cá bhfuil an glasraí?

An Ceann Comhairle: Deputy Ó Caoláin without interruption, please.

Deputy Aengus Ó Snodaigh: They were eaten for dinner.

The Taoiseach: Where is the Workers Party?

Deputy Aengus Ó Snodaigh: A Sunday roast and greens.

Deputy Olivia Mitchell: They have been washed away.

Deputy Pat Rabbitte: Have they left the Government?

An Ceann Comhairle: Deputy Ó Caoláin without interruption, please.

Deputy Pat Rabbitte: Did they walk out when the Taoiseach stuffed them last night?

(Interruptions).

The Taoiseach: Did the Deputy buy up all “The Quiet Revolution” books?

An Ceann Comhairle: Allow Deputy Ó Caoláin to proceed without interruption.

The Taoiseach: I went to a book store twice and I could not get a copy of it.

Deputy Caoimhghín Ó Caoláin: Listed No. 51 under section C of the Government’s legislative programme is the local government (office of the Dublin mayor and regional authority of Dublin) Bill. This is promised legislation, for which the heads of the Bill has not yet been approved by Government. Yet the Minister for the Environment, Heritage and 5o’clock Local Government is telling us that an election for this office will be held in June. Such an office does not exist at this point, yet we have been told by the Minister that an election will happen on an undefined date, as of now, but a date in June. I remind the Taoiseach that the position is that a vacant seat exists in this House. This seat has been vacant for the past seven months plus, but the Government has yet to indicate its intention to call a by-election in Donegal South-West. While the Minister for the Environment, Heritage and Local Government enthusiastically rants on about an election in June for a position that does not exist——

An Ceann Comhairle: The Deputy has drifted from the point he raised. He was speaking about the Lord Mayor of Dublin position but then went on to speak about a by-election; I ask him to return to his original point.

Deputy Caoimhghín Ó Caoláin: Deputy Carey has told us that the Government is too preoccupied to even set a date for a by-election in Donegal South-West. I do not know with what it is preoccupied but it is not with addressing the unemployment reality facing County Donegal where 15,000 people were unemployed in December 2008 and that number rose to more than 20,000 in December 2009. Will the Taoiseach move the writ for the by-election in Donegal 41 Order of 19 January 2010. Business

[Deputy Caoimhghín Ó Caoláin.] South-West? Will he further take notice that if he is not prepared to do so within a reasonable period, I have no doubt the Opposition certainly will do so?

The Taoiseach: Heads of that Bill are currently being circulated. It will be brought to Govern- ment for approval and thereafter published and debated in the House. As the Deputy said, there is a commitment in the programme for Government that an election on that matter will be held during 2010.

Deputy Eamon Gilmore: It is due to take place in 2010?

The Taoiseach: The indicative date is June.

Deputy Eamon Gilmore: The indicative date?

The Taoiseach: We have to pass the legislation, the heads of which are being circulated.

Deputy Pat Rabbitte: Perhaps we could do it after we elect a mayor?

Deputy Bernard J. Durkan: It might not happen at all.

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

The Taoiseach: I join others in the House in speaking of the terrible situation that has developed in Haiti. It is clear extreme hardship and great pain and suffering is being endured by that nation after the terrible earthquake that occurred there last week. The international community is seeking to mobilise itself to meet the scale of a problem that is regarded as unprecedented in emergency aid terms in modern memory. It is appropriate that we take some time in this House during the course of this week to have statements on the situation there, to express our solidarity with the Haitian people and to indicate to our own people the level of assistance and help, in terms of material help, financial help and personnel assistance, that we will try to bring to bear on that situation in an effort to assist these beleaguered people at this time.

Deputy Caoimhghín Ó Caoláin: What of the Donegal South-West by-election? Has the Taoiseach any announcement for the people there?

The Taoiseach: Not today, no.

Deputy Caoimhghín Ó Caoláin: Is the Taoiseach prepared to indicate that a spring by-election will take place in Donegal South-West?

Deputy Bernard J. Durkan: Spring of which year?

An Ceann Comhairle: We were dealing with the first issue the Deputy raised. Could we leave that matter and address it some other day?

The Taoiseach: Not today.

Deputy Bernard J. Durkan: Perhaps next year.

Deputy Caoimhghín Ó Caoláin: There is silence on this matter but it is a pressing one for the people of Donegal South-West in the first instance and also for the Members of this House. It cannot fail to have been noticed by many people that there is no appetite on the part of this Government to face the electorate of Donegal South-West—— 42 Order of 19 January 2010. Business

The Taoiseach: The Deputy should not worry.

Deputy Caoimhghín Ó Caoláin: ——yet a position that does not yet exist is being trundled about for an election in June.

Deputy Pat Rabbitte: We could have the two elections on the same day.

An Ceann Comhairle: I call Deputy Creed.

Deputy Michael Creed: When does the Government expect to publish the animal health and welfare Bill, as agreed in the revised programme for Government? This proposed instrument will abolish and close fur farms and prohibit stag hunting in the future. Will the Taoiseach clarify his response to the Deputy Kenny on the loss at sea scheme report?

The Taoiseach: What was the Deputy’s second point?

Deputy Michael Creed: The lost at sea scheme report was raised by Deputy Kenny but I did not catch the Taoiseach’s reply to that matter. Will there be a debate in the Dáil on that report?

The Taoiseach: Yes. The Whip says he will provide time for that. In regard to the first matter, we do not have a date for that.

Deputy Fergus O’Dowd: In view of the serious allegations recently that a FÁS manager tried to force a member of his staff to approve dodgy exam results, thus breaking examine verification rules and bringing FÁS nationally into disrepute in terms of the way that some of the results are produced, will the Taoiseach order an immediate investigation into this matter?

The Taoiseach: That is ongoing.

An Ceann Comhairle: There is no legislation on this matter. The Deputy can table a parliamentary question on it and has many other ways of raising this matter.

Deputy Fergus O’Dowd: This is about a specific allegation.

The Taoiseach: I am guided by the Chair on this.

Deputy Fergus O’Dowd: Did the Taoiseach say an investigation into this matter is ongoing.

The Taoiseach: I believe an investigation is ongoing.

Deputy Fergus O’Dowd: Into this specific matter?

The Taoiseach: I believe that, but I am not the Minister dealing with it.

Deputy James Bannon: I opened the Government’s new legislation programme for spring 2010 with a degree of anticipation only to note that the national monuments Bill is still languish- ing in section C of it. Can the Taoiseach indicate if the words “publication expected in 2010” will carry more weight than the words “publication expected in 2009”? This Bill was due to be published in 2003. Can the Taoiseach give a guarantee that it will come before the House during this year or at least during the latter half of it?

Deputy Pat Rabbitte: It is widely anticipated. 43 Order of 19 January 2010. Business

The Taoiseach: Draft heads of that Bill have been circulated. If the Deputy is awaiting that legislation, I advise him that to avoid disappointment in terms of making a contribution to that legislation, perhaps he would cast his eye over some other legislation as well.

Deputy Brian Hayes: The House agreed the Second Stage reading of the Student Support Bill more than 22 months ago and the Taoiseach wrote to me about this prior to the Christmas period. The Minister for Education and Science said over Christmas that he supports the principle of one body giving grants to students rather than the 33 proposed in the Bill. Is it the intention of the Government to withdraw the Student Support Bill or what is the Government’s intention in this respect?

The Taoiseach: I understand that Bill is awaiting Committee Stage.

Deputy Brian Hayes: The point is that the Minister for Education and Science has said that he now supports the principle of one agency doing this. Does that not require this Bill to be thrown out and a new Bill enacted? Has this matter come before Government?

The Taoiseach: I will have to come back to the Deputy on the specifics and the Minister’s intentions on this.

Deputy Michael Ring: I have asked the Minister for Health and Children about a matter and I now want the Taoiseach’s help on it. I cannot find the Minister for Health and Children, nor can I get her to take responsibility for anything. This matter relates to the prescription charges Bill. As the Taoiseach is aware, the administration of medical cards for those aged over 70 has been removed from the regions and centralised in Dublin. There is an ongoing dispute about this. People cannot get through to the office by telephone. Those over the age of 70 are worried about their medical cards and they are waiting for months to be notified about them.

An Ceann Comhairle: Is legislation promised in this area?

Deputy Michael Ring: Yes, there is the prescription charges Bill. Those with medical cards are to be charged for prescriptions, even though they are entitled to a medical card but they cannot get it because nobody in the office in Dublin will answer the telephone and nobody will take responsibility for this matter. I have written to the Minister and to Professor Drumm and the only reply I got from the Minister is to the effect that she has no responsibility for this. I have not even got a reply from the Professor Drumm, the real Minister for Health. Will the Taoiseach intervene and not have this abuse of the elderly who are worried about their medical cards and whether their nursing home care is being paid? Their chemists and doctors tell them that there medical cards have not been renewed and they do not have medical cards even though they qualify for them. It is an abuse of the elderly and I want something done about it.

The Taoiseach: That Bill is on the A list and it should be dealt with shortly.

Deputy Michael Ring: Will the Taoiseach talk to the Minister for Health and Children regarding a debate on the other issue?

Deputy Bernard J. Durkan: Notwithstanding the absence of a certain Minister with responsibility for the environment and his continued absence in this House on the Order of Business, I respectfully suggest that somebody might send the relevant Minister a note to the effect that issues that occupied the minds of members of the public during the past six to eight weeks are sufficiently serious to warrant his appearance in the House on the Order of Business on the first day of this session in 2010. 44 Order of 19 January 2010. Business

An Ceann Comhairle: The Deputy is expanding the Order of Business to provide for that.

Deputy Bernard J. Durkan: There is a list of impressive legislation, from six to eight, on the pink order paper. We note them, but there are other important issues. During the last session I and other Members raised questions about the company law consolidation and reform Bill and we were told it was not possible to indicate when the Bill would be published. As this legislation is urgently required and has been for some time, would it be possible for the Taoiseach to indicate when it might be likely to come before the House? I and other Members also asked about the collective investment schemes consolidation Bill. The Bill was No. 46 on the Government legislation programme in the last session; it is now No. 45. We were told that publication was expected in 2010; now it is expected in 2011. What happened in the meantime? What frightened the Minister and those drafting the Bill to cause them to defer it in that fashion? My last question pertains to the Multi-Unit Developments Bill 2009, which was supposed to progress in tandem with the landlord and tenant Bill. The former has been already abandoned in the Seanad, awaiting Committee Stage. Discussions are taking place between the various stakeholders, as the Taoiseach previously informed the House, but we do not see any evidence of progress. Since many of the——

An Ceann Comhairle: The Deputy is anticipating the debate on the Bill.

Deputy Bernard J. Durkan: No; I am talking about the Bill that is on the Order Paper. When is it likely that the Bill will come before the House in a realistic fashion, given that many of the residents of such multi-unit developments have found themselves up to their necks in water in the past six weeks?

Deputy Olivia Mitchell: Or without a roof.

The Taoiseach: We are still preparing amendments to the Multi-Unit Developments Bill based on submissions and on the Second Stage debate. The company law consolidation and reform bill will be published later this year at the earliest. I understand it is a massive Bill. The collective investment schemes consolidation Bill will be published next year rather than this year because consultations are taking place with the Department of Finance, and the Minister has other legislative priorities in the immediate future. There is no date for the landlord and tenant Bill.

Deputy Bernard J. Durkan: What about the Multi-Unit Developments Bill? I did not hear that part.

Deputy Dermot Ahern: It was the first one mentioned.

An Ceann Comhairle: It is currently in the Seanad, I am advised.

Deputy Bernard J. Durkan: I did not ask the Taoiseach where it was.

An Ceann Comhairle: If it is in the Seanad it is a matter for the other House.

Deputy Bernard J. Durkan: I am sorry; it is not. It is a matter for this House.

Deputy Olivia Mitchell: It is a matter for the Government.

Deputy Bernard J. Durkan: This Bill was promised five years ago in various shapes and forms. 45 Order of 19 January 2010. Business

[Deputy Bernard J. Durkan.]

To what extent have discussions taken place — as he has previously stated in the House — between the stakeholders, whoever they are——

An Ceann Comhairle: We cannot have an extensive debate on this matter on the Order of Business.

The Taoiseach: I mentioned the Bill in my reply. The Deputy may not have heard it.

Deputy Bernard J. Durkan: I did not.

The Taoiseach: I am sorry. I spoke first about the last Bill the Deputy mentioned.

Deputy Bernard J. Durkan: Yes. It would be helpful if the Taoiseach could speak up a little. I am becoming hard of hearing in my old age.

The Taoiseach: I am sorry. Amendments to the Multi-Unit Developments Bill are being prepared in the Department based on consultations which have taken place and on the Second Stage debate in the Seanad.

Deputy Jimmy Deenihan: Following the closure of Dell this time last year, the Tánaiste set up a task force under the chairmanship of Dennis Brosnan, which reported last September. We have asked on numerous occasions in the House that this interim report be debated. Is it possible to allow time to discuss the report? The task force will meet with local representatives next Friday and I believe its members are becoming disillusioned because their proposals have not been considered by Government. Is it possible for us to have a debate in the House on the report?

The Taoiseach: I told the leader of the Deputy’s party earlier that it was a matter for the Whips.

Deputy Olwyn Enright: The Taoiseach will be aware that as far back as 2003, Fine Gael published detailed proposals for the vetting of those working with children, both in a paid capacity and as volunteers. In light of reports today that only one third of our teachers have been vetted, will any urgency be given to the national vetting bureau Bill, which is currently in section C of the Government legislation programme?

The Taoiseach: I understand that is being dealt with by the Minister of State with responsibility for children, Deputy Barry Andrews. There are complexities in the Bill, but it is receiving priority in the Departments concerned.

Deputy Joe McHugh: As the Taoiseach is aware, the Adoption Bill 2009 will go through the House on Thursday. With the passage of this Bill, the Hague Convention will be ratified. Up to 80 couples who are attempting to adopt from Ethiopia and Russia are currently in a transition phase, but after the ratification of the Hague Convention both of these countries will be excluded. I ask the Taoiseach to intervene and implement a transition arrangement to accom- modate and facilitate these couples, many of whom have been already disappointed by the breakdown of the bilateral agreement with Vietnam. I am surprised the Minister for Enterprise, Trade and Employment did not correct Deputy Ó Caoláin when he announced that 15,000 people were unemployed in Donegal.

Deputy Caoimhghín Ó Caoláin: That was the figure more than 12 months ago. 46 Order of 19 January 2010. Business

Deputy Joe McHugh: As the Deputy should be aware, that figure is 20,000.

An Ceann Comhairle: We are on the Order of Business. That is nothing to do with legislation.

Deputy Caoimhghín Ó Caoláin: I am sorry, but the Deputy was not listening.

Deputy Joe McHugh: In addition, I thank the Taoiseach for holding off on the announcement of the by-election because Fine Gael is holding its convention on 12 February.

An Ceann Comhairle: That is for another day.

Deputy Eamon Gilmore: And the Labour Party on the fifth.

The Taoiseach: I am sure, in the best tradition, it will be the strongest possible candidate that comes through.

(Interruptions).

Deputy Billy Timmins: Is that a reflection of the Taoiseach’s thoughts? If Fianna Fáil has a good candidate, as we do, it will be all right.

The Taoiseach: It is just a bit of humour between me and Deputy McHugh. We get on well. With regard to the Adoption Bill, I am aware of the situation to which he refers, as is the Minister of State, Deputy Andrews. The Minister of State has been in touch with various groups to discuss this matter. We will use our best endeavours but I do not wish to raise expectations or suggest that a serious problem does not arise. I am acutely aware that many people have invested much time and hope in the adoption process only to find their adoptions may be more difficult to finalise because of the legal situation. The Minister of State is acutely aware of this, as are other members of the Government and all of us in the House. We must try to assist as best we can and in a humane way, given the limitations of what can be done.

Deputy Thomas P. Broughan: As the Taoiseach is aware, the year has opened with a series of appalling assassinations in my constituency. Is the Minister for Justice, Equality and Law Reform planning any further measures or resources for the Garda Síochána to allow it to combat drug-fuelled crime? In the recent budget, the allocations of many anti-drug groups were slashed——

An Ceann Comhairle: This does not relate to promised legislation. The Deputy will have to find another way of raising this issue. There are so many other ways.

Deputy Thomas P. Broughan: This is the only time I see the Taoiseach. These groups work to combat drug use, but the Government has slashed their budgets by a third and they will be cut to zero next year.

An Ceann Comhairle: Deputy, you may raise this issue as a matter on the Adjournment or in a parliamentary question. There are so many ways.

Deputy Thomas P. Broughan: The end result is that my constituents are faced with desperate murders on their streets and the Government does not seem to be doing anything about it.

Deputy Bernard J. Durkan: Hear, hear. It is oblivious.

The Taoiseach: I commiserate with the families of the victims in recent instances in which there has been a callous disregard for human life. The Garda is carrying out rigorous investi- 47 Order of 19 January 2010. Business

[The Taoiseach.] gations of the killings and persons have been charged with murder in respect of two of them. I do not want to go into detail about those instances, but the Garda Commissioner has kept the Minister for Justice, Equality and Law Reform briefed on events. With regard to the recent tragic stabbings, the Minister has been advised that Garda investigations are well advanced. The Garda faces severe challenges in dealing with gangland murders. Often, it receives no co-operation from the associates of those affected. In some cases, persons who have been identified by the Garda as being at risk, rather than co-operating with it, seek to thwart the Garda so they can get on with their gangland activities. It was against that background last year that the Minister, Deputy Dermot Ahern, introduced a series of strong anti-gang legislative measures, of which the Deputy will be aware.

Deputy Bernard J. Durkan: Will he implement it?

The Taoiseach: The Criminal Justice (Surveillance) Act facilitates the use as evidence in trials of material gained by secret surveillance. The Criminal Justice (Amendment) Act provides for trying certain crimes involving criminal gangs in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise. It introduces several new organised crime offences with maximum prison sentences of 15 years to life, such as involvement in organised crime and directing or controlling a criminal organisation. It simplifies the procedures relating to extension of time for questioning of suspects and increases the penalties for intimidation of a witness or a juror. The Minister is publishing a DNA Bill today, which also will prove invaluable in the fight against serious crime. Legislation on the use of knives and similar weapons is extremely robust and heavy penalties are already in place. Last year, the Minister piloted through the Oireachtas the Criminal Justice (Miscellaneous Provisions) Act, which introduced a maximum penalty for possessing a knife in a public place from one to five years and gave the Garda extended power of search without warrant in respect of knives and offensive weapons. Quite apart from the legislative response, the Garda has the resources available to it when dealing with this serious issue. I acknowledge to the Deputy that this is an issue about which there is universal concern throughout our society and not only, as he will be acutely aware because of recent activities, in his own constituency. I assure him that everything possible can and will be done to bring those who have been involved in such heinous murders to justice.

Deputy Billy Timmins: While the Taoiseach expressed sympathy to the residents of Haiti earlier, I wish to ask him a couple of questions. First, will he join with me in extending sympathy to the relatives and friends of Andrew Grene, an Irishman who holds Irish citizenship and whose body was recovered this afternoon in that country? Second, will he ask the Minister for Foreign Affairs to urge his colleagues at European Union level to make available the European Union battle group, which has a humanitarian role, to go to assist in the area if necessary? The United Nations General Secretary has sought assistance in the form of additional troops and personnel and the European Union has a ready-made body to do that. The second issue pertains to the roads and was raised earlier. As the Ceann Comhairle is quite rightly about to inform me, it is on the Adjournment tonight.

An Ceann Comhairle: Yes, I was just going to do that.

Deputy Billy Timmins: Will the Taoiseach ensure that the Minister for Transport will be available for the Adjournment debate tonight? Simply, during the recent weather crisis——

An Ceann Comhairle: Deputy Timmins is anticipating—— 48 Order of 19 January 2010. Business

Deputy Billy Timmins: ——the Government abdicated its responsibility.

Deputy Bernard J. Durkan: Hear, hear.

An Ceann Comhairle: Deputy Timmins is listed as a contributor.

Deputy Billy Timmins: A photo opportunity on the steps of Government Buildings is not adequate.

Deputy Bernard J. Durkan: A guest appearance.

An Ceann Comhairle: The Deputy is listed as a contributor.

Deputy Billy Timmins: I refer to complete and utter chaos and to a Government in exile without either a plan or structures.

An Ceann Comhairle: The Deputy will be making all those points later on.

Deputy Billy Timmins: There was nothing but a photo opportunity on the steps of Govern- ment Buildings, which simply is not good enough.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Dermot Ahern: The Deputy was nowhere to be seen.

An Ceann Comhairle: I call on the Taoiseach, briefly.

Deputy Billy Timmins: It simply was not good enough. In response to the Minister for Justice, Equality and Law Reform, I drove into Dublin that night——

An Ceann Comhairle: Deputy Timmins, please.

Deputy Billy Timmins: ——and did not see a single garda until I came to the gates of Leins- ter House.

Deputy Dermot Ahern: The Deputy was missing.

Deputy Billy Timmins: While the Minister can smile away, he is responsible for them.

The Taoiseach: First, I join Deputy Timmins in again sympathising with the Grene family. I understand that the body of Mr. Grene has been recovered today in the United Nations headquarters building. He was a person who was committed to public service and to helping the poor and deprived and was well regarded in the United Nations. The Government sends its deepest sympathy to his family. Other Irish citizens who are there at present have been involved in much good work in recent years, one of whom I know personally. I wish them well and hope they are able to contribute positively in the present as they have done in the past. I make the point that the Government established the rapid response corps in the aftermath of the tsunami and some personnel from that corps have gone to Haiti in recent days. While it is a small number, the people concerned are committed and have expertise in areas that would be of assistance in the emergency which has enveloped that country. Third, I will not repeat my earlier comments to Deputy Kenny regarding the response of local authority personnel when dealing with what was an extremely difficult situation over Christmas. The emergency co-ordination unit, despite criticism from the Opposition, worked hard, co-ordinated well and ameliorated what could have been an even worse situation. 49 Horse and Greyhound Racing 19 January 2010. Fund Regulations 2010: Motion

Deputy Tom Sheahan: When will legislation be brought before the House to give a legal footing to the plebiscite that was held in Dingle-An Daingean more than three years ago? The plebiscite was held more than three years ago and resulted in a 98% majority in favour of giving back——

An Ceann Comhairle: The Deputy should table a parliamentary question on this matter.

Deputy Tom Sheahan: ——An Daingean its dual name of Dingle-Daingean Uí Chúis. It has been more than three years since the plebiscite was held.

Deputy Bernard J. Durkan: The auld triangle went Dingle-An Daingean.

An Ceann Comhairle: We will move on.

Message from Seanad. An Ceann Comhairle: Seanad Éireann has passed the Houses of the Oireachtas Commission (Amendment) Bill 2009 without amendment, the Forestry (Amendment) Bill 2009 without amendment, the Companies (Miscellaneous Provisions) Bill 2009 without amendment and the Financial Emergency Measures in the Public Interest (No. 2) Bill 2009 without amendment.

Message from Select Committee. An Ceann Comhairle: The Select Committee on Justice, Equality, Defence and Women’s Rights has completed its consideration of the Criminal Justice (Money Laundering and Terror- ist Financing) Bill 2009 and has made amendments thereto.

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

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

Minister for Justice, Equality and Law Reform

Minister for Transport

Minister for Health and Children

whereupon the sequence established by the Resolution of 14 June 2007 shall continue with questions to the Minister for Foreign Affairs.

Question put and agreed to.

Horse and Greyhound Racing Fund Regulations 2010: Motion. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): Molaim an rún:

That the proposal that Dáil Éireann approves the following Order in draft:

Horse and Greyhound Racing Fund Regulations 2010,

a copy of which Order in draft was laid before Dáil Éireann on 15 December 2009, be referred to the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht 50 Banking Crisis: 19 January 2010. Statements

Affairs, in accordance with paragraph (2) of the Orders of Reference of that committee, which, not later than 4 February 2010, shall send a message to the Dáil in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

Question put and agreed to.

Banking Crisis: Statements. An Ceann Comhairle: I call on the Minister for Finance, Deputy Brian Lenihan, to make a statement under Standing Order 43. The Minister has ten minutes and the spokespersons for Fine Gael, the Labour Party and Sinn Féin, who will be called in that order, also have ten minutes.

Minister for Finance (Deputy Brian Lenihan): It goes without saying that the worst financial crisis this country has ever experienced requires an inquiry. The Government fully recognises that the public is entitled to a full examination of what went wrong in the banking system. More than that, an inquiry is needed to restore international and domestic confidence in our banks. As a country, we must understand the origins of this crisis to ensure that we do not make the same mistakes again. Those mistakes required the Government to introduce the bank guarantee scheme in September 2008 and to make some significant interventions since then to ensure financial stability. These measures include the recapitalisation of our two biggest banks, namely, Allied Irish Banks and Bank of Ireland, the nationalisation and recapitalisation of Anglo Irish Bank, the establishment of the National Asset Management Agency and the recent introduction of the eligible liabilities guarantee scheme. The State has been required to pour significant and scarce resources into our banks. As I have stated previously in this House, the banks owe a large debt of gratitude to the taxpayers of this country. It is essential that we learn the lessons of our recent experiences as we set about the task of refashioning our banking system to meet the needs of the economy and perform its proper duty to the citizens of this country. I welcomed the comments of the Gov- ernor of the Central Bank, Professor Honohan, when he appeared before the Oireachtas Joint Committee on Economic Regulatory Affairs just over a month ago and I made public that welcome on 4 January 2010. The Governor stated that he expected the Oireachtas would authorise some form of inquiry to try to understand the deeper underlying causes of this crisis in order that wider lessons could be learned for the future. The Government agrees with the views of Professor Honohan on the benefit and value of such an approach. The Government also agrees fully with the Governor on the need to engage a broad set of expertise to examine the events of recent years and to design and implement an investigation in such a way that a deeper understanding is arrived at of the root causes of the systemic failures that led to the need for extraordinary support from the State to the domestic banking system. At its meeting today, the Government approved a framework for an inquiry and for its subsequent consideration by Dáil Éireann. The inquiry will have two stages. First, the Govern- ment will commission immediately two separate reports. One will be from the Governor of the Central Bank on the performance of the functions of the Central Bank and the Financial Regulator. A second will be from an independent “wise” man or woman with relevant expertise to conduct a preliminary investigation into the recent crisis in our banking system and to inform the future management and regulation of the sector. These reports also will consider the international, social and macroeconomic policy environment which provided the context for the recent crisis. I expect both reports to be completed by the end of May this year and laid before the Houses shortly thereafter. 51 Banking Crisis: 19 January 2010. Statements

[Deputy Brian Lenihan.]

The second stage of the inquiry will be the establishment of a statutory commission of investigation, which will be chaired by a recognised expert or experts of high standing and reputation. The terms of reference for this commission will be informed by the conclusions of the two preliminary reports. The aim will be for the commission to complete its work by the end of this year. Its report will be then laid before the Oireachtas for further consideration and action by an appropriate Oireachtas committee. We are all aware the global international crisis has created extreme stress for the financial system worldwide. The drying up of funding in international credit markets and the huge write- downs of securitised assets has generated a financial shock, which has resulted in the most negative economic conditions since the Second World War. Ireland’s exposure to the sharp deterioration in international financial conditions has been significantly exacerbated by practices that failed to address unrestricted credit growth in the domestic banking system. This growth was facilitated by access to wholesale financial markets with no exchange rate risk and low interest rates and was both driven by, and facilitated, an unprecedented property boom and an unsustainable increase in property development lending. The proper functioning of the banking system is critical to the economy and, therefore, must be protected by the Government. We are not alone in this. Governments all over the world have had to make substantial interventions to protect their banking systems. These interventions have been difficult for all governments. They are not popular, they are not easy to explain or understand but they are necessary. In all the steps we have taken as a Government, our overriding objective has been to maintain a functioning banking system that will ensure a flow of credit to viable businesses and households in this economy. Today’s Government decision to commission two preliminary reports, to be followed by the establishment of the statutory commission of investigation into banking matters, will form another important step in the continuing reform of our regulatory systems and structures, as well as the internal governance of our financial institutions. These reviews will not take place in a vacuum. They will build on important work being done at international level. Over recent months substantial analysis of the failures of the banking sector has been undertaken elsewhere. The analysis the Government will commission will complement and build upon, for example, the European Commission’s high level group on cross-border financial supervision — the de Larosière report — and the UK Financial Services Authority’s Turner report. These reports have recommended an extensive programme of reform of financial regulation at EU and international level which is being put in place. These reforms will make a major contribution to underpinning the stability of the financial system both in Ireland and in the EU in the future. The commission of investigation will examine and report on the causes of the systemic failures such as corporate strategy, governance and risk management in the Irish banking sector. The terms of reference for the statutory inquiry will be shaped by the conclusions of the two preliminary investigations and in consultation with the Oireachtas but, clearly, a number of broad themes ought to be examined thoroughly. These include the performance of individual banks and bank directors where wrongdoing and bad and lax practices have contributed considerably to the crisis; the performance and structure of the banking system generally; the performance of the regulatory and Central Bank systems; and the response of the relevant Departments and agencies, including the linkage between the banking crisis and overall economic management. The two preliminary reviews will prepare the ground for the formal inquiry and will ensure it is effective and efficient. Over the next number of months, significant work needs to be 52 Banking Crisis: 19 January 2010. Statements completed to return our banking system to health. We need to complete the first stage of the critical “transfer of assets” to NAMA; agree the banks’ restructuring plans and their future capital requirements; and progress consolidation in the building society sector. I remind the House that the banking system is still fragile and we are not out of the woods yet. It is important that the work I have outlined is completed before we turn our attention to the formal inquiry we all agree must take place. That is why the Government is proposing the multistage investigation, which will be completed by the end of the year. The Oireachtas will be involved at each stage of the planned inquiry process. An appropriate Oireachtas committee — the Joint Committee on Finance and the Public Service seems the most relevant — will meet both the Governor and the independent expert at the outset of their work to be briefed on the members’ priorities for investigation. The two preliminary reports, when completed, will be laid before the Houses of the Oireachtas and the Oireachtas committee will be invited to consider the findings in the reports. The terms of reference and draft Govern- ment order to establish the statutory commission will be laid before the Oireachtas and the commission’s report, when completed, will be laid before the Oireachtas for further consideration by the committee. It is open to the appropriate committee to hold public hearings on the report. There has been some reference to the DIRT inquiry as a possible model for the inquiry into the financial crisis but the investigative work in that inquiry was done by the Comptroller and Auditor General. An Oireachtas committee cannot constitute itself into a court of judgment on private individuals and cannot make determinations on disputed issues of fact. That is why the Government decided to adopt the commission of inquiry mechanism, which all Members will agree has done a good job in its performance to date in regard to the inquiry in the Dublin archdiocese. It could be argued that an inquiry should ideally await the conclusion of existing criminal and regulatory investigations into wrongdoing at certain financial institutions. I accept the public appetite for known and determined consequence for those who have engaged in wrongdoing in these institutions and these investigations may take a significant time. However, the Government is firmly of the view that the approach I am setting out will allow these criminal and regulatory investigations to proceed without the possibility of prejudice. The Government’s agreed approach will allow for the timely completion of expert, authoritative and structured examinations of the financial crisis. It will provide a comprehensive analysis, which will enable us to understand the origins of the crisis and help us to learn lessons which will inform our future management of the banking sector. The framework I have outlined will be transparent and constructive and it will involve the Oireachtas at each stage. It will be efficient and cost effective and, most of all, it will restore confidence in our banks in order that they can play their full and proper role in promoting economic recovery.

Deputy Enda Kenny: I am sure I speak on behalf of all Members in welcoming the Minister back to the House. I wish him every success in his personal challenge. I apologise to the House for the absence of Deputy Bruton but he had undertaken to fulfil an engagement in County Cork today some time ago and he agreed to do so. We are having this debate arising from a realisation by the Government that there should be an inquiry into the banks, which has been driven by a public perception of a false summit between the Green Party and Fianna Fáil. I had the doubtful privilege of launching the Edel- man international trust barometer for Ireland in 2008. It deals with trust in corporate affairs, business people and public life. For the first time ever, political representatives were above bankers on the ladder of trust. Bankers were trusted less than politicians arising from all the difficulties in recent years. 53 Banking Crisis: 19 January 2010. Statements

[Deputy Enda Kenny.]

Banks have moved on in other countries and people are in jail. I am conscious two inquiries are under way under the auspices of the Garda fraud squad and the Director of Corporate Enforcement but Fine Gael has made it clear, as has the Labour Party, that it is not intended that the inquiry we seek should infringe on either of these inquiries, which will result in the law taking its course. They should proceed more quickly and where prosecutions are necessary, they should be taken with the law taking its course. The principle has been accepted by the Government that there should be an inquiry but the difficulty is it has sidelined the Oireachtas entirely. The Minister said the Oireachtas will be consulted and briefed by the Governor of the Central Bank. Nobody has a difficulty with Professor Patrick Honohan but he may need an inquiry into the Central Bank because it was one of the organisations telling us for a number of years that we had the best capitalised banks in the world and everything was rosy in the garden. Nobody would quibble with Professor Honohan’s credentials or his capacity to do the job we expect. The banking crisis has resulted from the biggest failures in Government, public administration and private sector governance in the history of the State. If we are to move on from this economic disaster, the Dáil must be seen to fulfil its responsibility and to ensure accountability by those in positions of trust and responsibility. According to the IMF, the direct losses for Irish shareholders and taxpayers from the banking crisis are likely to exceed €24 billion. It will be many months before we know the final cost of recapitalising our broken banks and many years before we know the final bill from NAMA. However, it is clear that a very large proportion of these costs will fall upon taxpayers who had neither a moral nor a legal responsibility for the mistakes that were made; that is why the Oireachtas should be able to step into the breach and conduct this inquiry. People are furious because the taxpayer is being made to pay the piper for the damage that was done. Shareholders in the banks certainly suffered. Many of the big earners who managed the reckless expansion have been able to go off into the sunset with massive bonuses untouched and golden handshakes to top it off. Their parting shot is always that nothing unlawful was done. The indirect costs of our failed banking and regulatory system for our country are likely to be much larger in terms of the damage inflicted by the credit crunch on jobs, small business and our international reputation for economic management. This is why the collapse in employment and the economic depression in the country have been and will continue to be far longer and deeper than those suffered by advanced economies since the Second World War. Some of the causes of the Irish banking and wider economic crisis are known in broad terms. Put together, the dangerous concentration of the banks’ loan books in property, reckless loan to value ratios for first-time buyers and a banking model that became 60% reliant on foreign sources of liquidity created a toxic mix that lost the confidence of investors, depositors and the money markets following the collapse of Lehman Brothers. The banks themselves must accept responsibility for these mistakes. The property bubble was pumped up by a drive on the part of banks for short-term profits without proper regard for the risks involved. Consider the words uttered yesterday by a High Court judge who stated that he was astonished at the laxity and flexibility in giving out loans of €550 million merely on a letter of security. The banks, their managers and the boards failed miserably in their responsibility to invest savings prudently and to manage risk responsibly with obviously catastrophic consequences for hundreds of thousands of people throughout the country. Traditionally, bankers received respect, which they earned through an austere frugality in a sphere that was always shrouded in mystery. When I was young, bank managers were looked up to because they managed people’s money. Whether it was greed, flexibility or all following 54 Banking Crisis: 19 January 2010. Statements one out the gate they all went down the same road. People in the country completely lost the run of themselves. The austerity and mystery have been stripped back to reveal a banking system that was easily corrupted by buccaneer methods, that paid obscene bonuses for short- term profits and that had comfortable auditors and boards that offered no resistance. Many of the bank boards did not know what was going on and could not have known what was going on because they were not in possession of the information to ask the relevant questions. There is no appetite among the taxpayers of the country to return to that type of comfortable world. It is clear that the lending process, corporate governance, accounting, risk management, compensation and funding practices and systems of financial institutions must be examined carefully by a bank inquiry as must accounting practices and the quality of internal and external audits. That is where the fundamental failures occurred. The debt-fuelled property bubble did not occur in a political or policy vacuum. It is much too convenient for the Government to blame the financial crisis on greedy and incompetent bankers alone. This crisis has as much been a failure of the politics of Government and public administration as it was of the private markets. Confident that their institutions were too big to fail, bankers always had an in-built incentive to take excessive risk. That is why it was the responsibility of the Government and its regulators to protect the economy from excessive risk-taking and speculation by banks whose failure would inevitably have systemically damaging consequences for the wider economy, and that has now happened. Far from protecting economic stability and the taxpayer, those in public office — and the Taoiseach was the Minister for Finance for a number of those years — actively encouraged the debt-fuelled property bubble or did nothing to stop it. Short-term electoral gain and not long- term prudence was the order of the day. Toothless regulation, too many tax breaks for property speculators, developer-led land planning, inflationary fiscal policies, overt political support from the main governing party for the property development industry and the arrogant dis- missal of any critic who warned of the dangers all added to this situation. This is why we need a bank inquiry and why I differ from the Minister for Finance. I genuinely believe that the committee of the Dáil should set the terms of reference for the collection, collating and scoping of information on the chronological series of events that led to the current situation. The Dáil committee, composed of respected and experienced people would then be able to analyse and determine, supported by proper resources, the causes of those regulatory policy situations. I state this with all of the understanding that the House and personnel within it have this capacity. This is the difference between what the Government proposes and what the Opposition requires in terms of accountability, transparency and the stepping up to the plate by the Oireachtas to state that we can do this, as happened years ago following the provision of information by the Comptroller and Auditor General when the DIRT inquiry was conducted by Jim Mitchell. If we are to restore any sense of trust and capacity in politics it is imperative to have an all- party committee conduct this inquiry, as I know it can. Supported by proper resources it would make the system watertight so the Minister can tell international banks and lending institutions, the European Central Bank and the European Commission that we have analysed what happened in our banking system, that we know the regulatory failures in the Central Bank and the regulator’s office and that we have ensured that it cannot happen again. We propose to have a committee of inquiry at the same time as the Central Bank and the regulator’s office are to be amalgamated by law, without even finding out what were the fundamental reasons for failure. It is partly due to politics because the same party has been in government for all of this. However, it is also partly due to a looseness that crept in, where 55 Banking Crisis: 19 January 2010. Statements

[Deputy Enda Kenny.] rolled-up interest of €60,000, €70,000, €80,000, €100,000 or €200,000 was allowed to accrue on a weekly or monthly basis and where people lost the run of themselves. Those being asked to pay are the ordinary taxpayers whose pensions have been wiped out, who are in negative equity and whose mortgages are unable to be paid. They are living in distress and with the pressure of something outside their control. It may well be that in the second or third quarter of this year the European Central Bank will raise interest rates as other European countries progress economically. We are very much behind the curve. I would have expected the Taoiseach and the Minister for Finance to step to the front and state that we can do this as an Oireachtas. Let the committee set the terms of reference for the experts to gather the information but let the politicians deal with the issues, analyse them, make recommendations and implement them in the interests of everyone in the country.

Deputy Joan Burton: On behalf of the Labour Party I want to be associated with Deputy Kenny’s remarks on wishing well the Minister for Finance. I am not surprised at the terms of reference of the three-part bank inquiries that we are to have. It follows in the great tradition of Deputy Bertie Ahern and Charlie McCreevy in that it attempts to pull the wool over the eyes of most ordinary taxpayers who have a raw hunger and desire for some explanation for the suffering they are going through, whether that is losing their jobs or pension savings or the collapse of their small business. I was talking to somebody the other day who runs a small engineering firm and who employs 80 people. The firm is letting 40 people go now because it cannot get any access to finance. The banking inquiry announced today by Fianna Fáil is a clever sidelining of the issue until the far shores of the aftermath of the next general election are reached. I think less of Fianna Fáil for that. As for the Green Party, much of Senator Boyle’s talk in the different television and radio studios was hot air. It would be very difficult for ordinary members of the Green Party to identify any of this as an open and transparent inquiry. However, as far as the ordinary person on the street is concerned, this is a Government that could not get salt or grit, that has left large parts of the west of Ireland under water, and which has left many parts of the country without water for at least the past two weeks. Why should we expect that such a Government would leap with alacrity to find out what actually went wrong with our banking system? Why should we expect it to find out how to avoid that happening again and how to restore our international reputation for probity in finance? At the moment, our extra borrowing costs are running to about €1 billion a year due to the premium we are paying over German bond market rates, as a result of the failures of the Irish Government and the collapse of the Irish regulatory and banking systems. Why should this Government be particularly concerned? What is €1 billion between friends? Last year, the €7 billion that was pumped into Anglo Irish Bank and the two main banks was almost double what was asked for in cuts from social welfare recipients in the budget delivered before Christmas. I disagree with the references to de Larosiere and Lord Turner in the UK. Our banking failure had one unique feature that was not related to the derivatives and complex financial instruments that were underneath the global financial collapse. We had a banking system with two banking institutions that were effectively rogue institutions, but because they were allied with the most powerful political protectors, they became a model for our two long-standing banks, whose greedy and incompetent managements those banks decided to copy. Anglo Irish Bank was a small niche bank which supplied developers who then funded Fianna Fáil. In that circle of self regard and in that toxic triangle lay the ruin of our system. A small minnow, Irish Nationwide Building Society, was able to do the same thing on a micro-scale, so we only have 56 Banking Crisis: 19 January 2010. Statements to pick up €8 billion of its toxic debt and pump in €1 billion-€2 billion into that building society to merge it with another mutual institution. Our banking crisis is home grown. As it has a unique and important political element, it is wrong for this Government to endorse the approach it is taking. Politicians, whether they are liked or not, are elected by the people to comment on what went wrong. While there are administrative lapses, regulatory collapses, and actions by the boards of management and directors of banks that are utterly reprehensible and properly the subject of inquiries and potential criminal investigations, there is a political dynamic at the core of our banking failure. The Government’s motion tries to divorce the political causes of the failures that are inextricably linked to the general business and financial ruin that faces this country. It has done itself a grave disservice, because it is only when we are able to say, post-Peter Bacon and the ruling Fianna Fáil Party, endorsed by a compliant Green Party, that we no longer support crony capitalism, that we will recover our ratings in the international bond markets. The Government has made a catastrophic error of judgment on Ireland’s future with what it decided to lay before this House as terms of reference. I sympathise with the Taoiseach, who feels he was landed in this alphabet soup by his two predecessors, Charlie McCreevy and Bertie Ahern, because he inherited the tax breaks and so on and there was not much he could do in four years at the Department of Finance. That is possibly a defence that the Taoiseach can credibly put forward. It is not a defence that ordinary people accept, but I understand that it is a narrative that might apply to his understanding of how he got here. However, he is wrong to deny this country a proper and open bank inquiry. Most democracies have inquiries. If a plane crashed tomorrow in Shannon Airport or Dublin Airport, a commission of inquiry would be automatically established to find out what went wrong. If there was a major natural disaster here, there would automatically be an inquiry. The banking collapse is the biggest financial disaster that has hit this country since the Second World War or since the economic war and the civil war, yet we are to be denied an open and accountable inquiry in the Oireachtas. There are open inquiries in democracies. Dictatorships refuse to have open inquiries and go for closed inquiries and trite explanations. The Govern- ment is not serving this country well with what it proposes. A financial crisis inquiry commission was set up in the United States last week. The appointees to the commission are former office holders who are independent and bipartisan. The Democratic Party commissioner, Mr. Angelides, said that “we start with the belief that the financial crisis is not a past tense phenomenon.” It is not a past tense phenom- 6o’clock enon. The notion that the Government would stop the remit of this inquiry up to September 2008 is an outrage. The phone calls in the autumn of 2008 which went between the Financial Regulator and people in Anglo Irish Bank were widely reported in the media. Mr. Willie McAteer, the finance director at that bank, told the then head of the Financial Regulator, Mr. Patrick Neary, that the bank would be “managing its balance sheet”, to which Mr. Neary is famously recorded as replying, “Fair play to you Willie”. This is a “fair play” bank inquiry, in which anybody who has a fondness for cuteness in Irish culture will be able to say: “Fair play to Brian and Brian. They fixed it.” As a consequence of the Taoiseach and Minister for Finance doing this for them — foolish as they are — the bankers will repeat much of the bad behaviour that systematically led us into this mess. They may not yet be up for bonuses and may stay their hand a little but as soon as they are out of the traps and telling their little scéalta in private with no one to ask the hard question or be awkward towards them, they will be back with the billion dollar bonuses they awarded themselves. The shareholders of the banks of Ireland will not thank the Government because they are not taking the patient into recovery but leaving us with a banking system which will limp on and perhaps have another disaster before the year is out. 57 Banking Crisis: 19 January 2010. Statements

Deputy Arthur Morgan: Before I start attacking him I, too, extend my sincere best wishes to the Minister for Finance and his family at this difficult time. The Government’s proposal is a whitewash before the inquiry even starts. What we are being offered are some token clippings in the form of the proposal to have a presentation by the Governor of the Central Bank. While Professor Honohan enjoys the respect of all Members of the House, that is not enough. We are also offered further token gestures in the form of some level of scrutiny at the beginning of the process and the process of an Oireachtas committee. The involvement of a committee of the House is not sufficient to get to the bottom of what transpired. The real business will be done by a commission. A number of questions arise regarding the proposed commission. Who will be appointed to it? We know its members will be hand picked by the Government and will, in all likelihood, be highly sympathetic to the Government. We are expected to believe, however, that the commission will be independent and produce a warts-and-all report. I do not believe it will do so. On the issue of cost, why not have an Oireachtas committee carry out the inquiry? Given that this is our job, why would Members not take off their jackets, roll up our sleeves and get stuck in to producing a proper report on the events of the recent past? There is no reason we could not do so. An Oireachtas committee would have further advantages in that it would be efficient, cost effective and would not produce a whitewash report as it would operate on an all-party basis. Is the reason that it might not bring in the result the Government would want published, particularly if it were to report close to an election period? Credit control is one of the issues an inquiry would have to address. We know about the 120% mortgages which were provided as many Deputies are dealing with people in their constituency offices who were unfortunate enough to receive one of them. At the time such mortgages were available, I called for a cap of the order of 90% to be placed on mortgages. It was clear, however, that no one would listen to my proposal. We know about the inappropriate lending practices in which the banks engaged. A few months ago, a plasterer came into my office and told me that four years ago, when he was 50 years old, he secured a 20 year mortgage. A 50 year old man in the construction sector was expected to work and pay a mortgage until he was 70 years of age. This is but one example and Deputies will be aware of many similar cases. Recently, for example, I asked a man who came to my office with similar difficulties how he had managed to secure such a large loan. When I asked whether his bank had required him to produce paperwork, he replied that he was not asked either for paperwork or evidence of income. All the lenders wanted to do was lend money and then wait and see. One of the critical reasons the Government has not proposed to have an inquiry carried out by an Oireachtas committee is that the Taoiseach was Minister for Finance during a substantial part of the period in question. That is the real obstacle to an Oireachtas committee carrying out the investigation. The Director of Corporate Enforcement, Mr. Paul Appleby, appeared before the Joint Com- mittee on Enterprise, Trade and Employment this afternoon. In response to a number of questions on Anglo Irish Bank, Mr. Appleby indicated that approximately one third of his staff were involved in investigating the bank. This is a huge waste of resources which should never have occurred in the first instance and with proper governance and correct Government policy, it would not have occurred. It is a scandal that money is being wasted by having public servants investigate Anglo Irish Bank. Mr. Appleby also stated he had no idea when his office’s investigation will be complete but that it would be at least a number of months before it is even near completion. The Garda fraud squad is also carrying out investigations at significant cost to the taxpayer. The problem 58 Banking Crisis: 19 January 2010. Statements is due to downright bad policy and poor governance which are also evident in the proposal contained in the Government amendment to the motion proposed by the Labour Party on Private Members’ business this evening. The investigation proposed by the Government is a whitewash before it even starts. We have seen examples of how business is done in the United States. We had, for instance, the sight of those involved in wrongdoing in Enron being marched away in handcuffs. While it may be becoming a cliché, justice is done quickly whereas in this country it clearly depends on the scale of corruption involved. If one robs a few cents, one will go to jail but if one robs several million euro one will not go to jail. On the contrary, one will be given a golden hand- shake and a large pension into the bargain to make sure one is tucked away in comfortable surroundings for a considerable period. Deputy Ó Caoláin reminded me of a case involving a constituent of his, a woman who swiftly ended up in prison because she was unable to repay a meagre credit union loan. If she had worked for Anglo Irish Bank or another one of the scam banks which operated throughout the period in question, she may have been given a large loan. We are all aware of the household names who were involved in substantial, grossly illegal transactions and are now enjoying their golden handshakes and substantial pensions. It is reasonable to have expected the Green Party to have had an input into this proposal, perhaps by acting as a watchdog when the terms of reference for the inquiry were being set. I would love to be in government with the Green Party because at every test it has proved to be a walkover. One need only consider what it did in the case of the National Asset Management Agency. Before the recent budget Green Party spokespersons informed us they were concerned about education. What did the party do for classroom assistants? As every Deputy will be aware, cutbacks are under way in this area. What about the cutbacks inflicted on people with disabilities as a result of the Green Party assisting the Fianna Fáil Party in government in everything it does? The party caved in again on the proposed inquiry. Notwithstanding the position of the Green Party, my party will insist on an open and accountable inquiry which should be anchored in an all-party Oireachtas committee with proper scrutiny powers. I commend the Labour Party on its Private Members’ Bill to be tabled this evening which provides the foundation for such a process. It is a pity that this laudable legislation is being hijacked by an amendment that does not meet any of our requirements. On an issue raised by Deputy Gilmore, why will the inquiry only address the period until September 2008? The deposit guarantee was introduced at the end of that month and Anglo Irish Bank was nationalised in January last year. Why will this period be excluded from the investigation? What is the reason for the wording of the Government amendment? It raises substantial concerns for me and my colleagues. I have no faith in what is offered. It is a whitewash before it begins. While there is still time, I invite the Minister to award the establishment of this inquiry to an Oireachtas committee charged with getting to the bottom of this carry-on. That should ensure the dreadful policies of this Government will not be repeated. The people of this State pay the price for those policy failures every day and perhaps their children will too, because of the debacle called NAMA. I hope the Minister will consider turning his policies around, ensuring such committees are established and conducting open and accountable business in this House.

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): When the Governor of the Central Bank came before an Oireachtas committee and suggested there should be an inquiry into the scandal that beset the Irish banking and financial system in recent years, he reflected the widespread views of our citizens that we need to find out what caused the scandal, who caused the scandal and how we can avoid it happening again. Anyone in this 59 Banking Crisis: 19 January 2010. Statements

[Deputy Peter Power.] House listening to the Governor of the Central Bank agrees with what he said, as does the Government. The simple question in this discussion is how we achieve the objective. There are several ways we could achieve the objective. We could go down the traditional and tainted road of having a public tribunal of inquiry. I was taken by the description used by the Minister for Finance of the inquiries as barrister fattening exercises, a comment many people will agree with. We can choose an Oireachtas inquiry. I have participated in several those. We could also opt for a staged approach to this inquiry, as suggested by the Government. I agree with the last suggestion. The scandal requires effective and efficient examination. With all due respect to Members of this House, this cannot be carried out by the House. We must remember that other countries have had serious banking crises in their financial systems. We are not the only country to have suffered this crisis but the public demands accountability as well as an efficient, effective and cost-effective inquiry. Let us examine the model proposed to examine this via the Oireachtas, principally proposed by the Labour Party. I was interested in the contribution made by Deputy Burton in this respect. I was a member of the committee investigating the Dublin and Monaghan bombings. We tried to establish the causes of the Dublin and Monaghan bombings and tried to establish where culpability lay. The advice to that committee again and again was that we could not make findings of culpability against anyone, nor could we ask questions about culpability in so far as it might suggest culpability. Every time we tried to ask an individual such a question, before we could get a response, our esteemed senior counsel, Mr. Mohan, advised us that we could not ask the question because the individual could go straight to the High Court and have our inquiry shut down. That this could happen fatally undermines the efficiency and effectiveness of an Oireachtas inquiry. There is another more important reason an inquiry such as that would not be effective. Deputy Burton has formed her opinion on what she refers to as the toxic triangle between members of the Government, directors of banks and property developers. Under the Labour Party proposal, these individuals would come before a committee of this House. Is it credible that directors of banks would come before an Oireachtas committee where tough questions would be asked? These tough questions should be asked but questions impugning their standing or integrity would not be allowed to stand. Such witnesses would run straight to the High Court and the Supreme Court and 12 months later the inquiry would be mired in mud. Members of this House know that. How do we conduct an efficient inquiry?

Deputy Michael D. Higgins: One gives oneself the powers.

Deputy Peter Power: The mechanism for conducting an inquiry was passed by this House. We recognised a way of doing that so that we could protect the constitutional rights of people and their reputations, which are strongly protected by our Constitution. We must recognise the situation. The commission of inquiry legislation and the report suggested by the Government provides us with a mechanism in which individuals can be cross-examined and adverse findings against those people can be laid before the House. At that stage, when the reports are published, Members of this House can clearly point to certain people and institutions. We can bring those institutions before the House and put it to them that the report of the independent statutory commission, under an Act enacted by the Oireachtas, has made certain findings against these people and their institutions. As politicians and public representatives, we can make them publicly accountable on foot of that investigation. As politicians, we could not do 60 Banking Crisis: 19 January 2010. Statements that if we were to start out with an Oireachtas inquiry. That is no disrespect to anyone in this House. I see my constituency colleague, Deputy Noonan, in the Chamber. It has been suggested that Deputy Noonan should head this inquiry. He would carry out a very effective and efficient inquiry but we need someone who can do so armed with a statutory report of a statutory body based on an Act of the Oireachtas making the findings that we want to make as politicians but cannot make. Let us accept the reality we are faced with and try to create an effective mechanism by which we can tackle this problem. The proposal of the Government is to engage international experts, including the Governor of the Central Bank and an international bank expert, to collate the material and provide it to a commission of investigation, including someone of very high standing, which can then bring in the sort of people we cannot bring into this House even though we would like to. This method will get the questions and answers we want. Under such a process, they can compel answers to these questions. As Deputy Rabbitte knows from other inquiries, Members cannot do so. I also had the privilege of chairing the Committee on Child Protection examining the circumstances surrounding the CC case. We examined what lessons could be learned to ensure that such a situation would never arise again. The same advice was available to us, namely that individuals who we may wish to question cannot be brought before an Oireachtas committee if it involves impugning their integrity. That is the reality of the situation and we must work within that. The Government’s suggestion is an initial engagement with experts and that such experts should come before the Oireachtas so that Members can suggest the road we want to go down, the questions we want to ask and the answers we want to receive. We can then ask for a report to be prepared on that basis and for the report to be handed to the independent statutory commission of inquiry, with all the powers such a committee has to seek the answers. At that stage, we will have our own political and public accountability. That is the most effective and efficient way in which it can be done. The Labour Party has suggested that this proposal is a recipe for kicking this issue beyond the next general election. The timeframes are set down in the Government’s motion. An initial report will be produced by the end of May and laid before the relevant Oireachtas committee. The members of the committee will tell the experts who come before them what they want to arise from the commission of inquiry. That commission will produce a report by the end of the year. The process, which will take 11 months, is cost-effective and efficient. It represents a way of getting the sorts of answers we want. I commend to the House the Government’s proposal to establish an effective and cost-effective commission to examine the banking scandal.

Deputy Michael Noonan: I suggest that 2008 is normally seen as the start of the international banking crisis. The collapse of Lehman Brothers on 15 September 2008 is taken as the kick- off point. When it became clear two weeks later that the Irish banking system was in dreadful trouble, leading members of the Government sat in Merrion Street all night. The following day, the Government introduced emergency legislation to provide guarantees for the banks. As the first Government intervention, it was the subject of a reasonable amount of support in this House. My party accepted the Government’s arguments at face value and decided, in such emergency circumstances, that the guarantee system deserved cross-party support. The same process has since been repeated in the United States. The main banks there have been rescued and inquiries have taken place. Events there have progressed so rapidly that the US banks which were capitalised have repaid to the federal authorities what they were given and are now trading profitably. When I last examined the statistics, I learned that more than 40 bankers in America were in jail. It is clear, therefore, that we have been very tardy. We have been very slow off the mark. Our banking crisis started a fortnight after the US banking crisis. The US is nearly through its crisis, while we are wondering about the establishment of an inquiry. 61 Banking Crisis: 19 January 2010. Statements

[Deputy Michael Noonan.]

I think the public wants an inquiry. These issues involve the public intimately. Many people lost their jobs because of the banks. Many people can no longer pay their mortgages because of the banks. Many people have seen their living standards reduced dramatically because of the banks. Many people are seeing their adult children heading for the airports, in order to travel to Australia and Canada with little enough hope of return, because of the banks. There is a feeling among the people I meet, including those in my constituency, that the banks need to be seen to be held to account in public. By getting involved in the legalities of the inquiry, rather than its primary principles, the Government has missed the point. There is public desire to see accountability in public. It is clear that if one wants accountability in public, it is appropriate to provide for an investigation by an Oireachtas committee, along the lines of the DIRT inquiry presided over by the late Jim Mitchell. I fully agree that there is need for a preliminary phase of this process. No Oireachtas committee will be effective unless it has a kind of book of evidence, in effect, on which to draw. No court case would be effective, regardless of how eminent the barristers are, if it were not argued on the basis of a book of evidence. The same thing applies here. I have no problem with the proposal to provide for a preliminary stage. It is a very good idea. It was done in the case of the DIRT inquiry and it should be done now. I disagree with the suggestion made by my friend and colleague, Deputy Peter Power, that some kind of legal lacuna makes it impossible for an Oireachtas committee to inquire into these events. I do not believe that is correct. The Supreme Court judgment on the Abbeylara case was sufficiently focused. Nothing prohibits an Oireachtas committee from examining the policies, practices and procedures of the banks. Rather than having some kind of witch hunt that puts heads in baskets, we should consider the banking crisis as a failure of policy, procedure and practice. I refer to political policy, oversight policy and lending policy within the banks. There is no reason an inquiry along the lines of the DIRT inquiry cannot stay on the right side of the Supreme Court judgment on the Abbeylara case. When he was interviewed on RTE radio’s “News at One” earlier today, an eminent senior counsel, Gerard Hogan, stated explicitly that he did not see any problem with such an inquiry. That point has been reinforced by the admirable piece of work produced by Deputy Rabbitte, which deals with another key aspect of the Abbeylara judgment. We have an adequate legal framework to allow for the kind of inquiry the public wants. The Government is missing the point, which is that people need some kind of public catharsis. That will not be achieved by an inquiry that is held behind closed doors, in which people tell their stories in private. Regardless of how eminent the relevant commissioner is, the report he produces and places before the House will be one man’s version of events, based on what he has heard in private. The public will have had no participation in that process — it will not have heard the evidence and will not know why certain conclusions have been reached. Ministers, like politicians of all parties, do not enjoy a high level of credibility at the moment. Bankers have very low credibility. Anything that is produced by means of hearings that take place behind closed doors will suffer from a low level of credibility too. I will comment on two aspects of the proposal that has been made by the Government. It is proposed that both phases of the inquiry will be required to inquire into events up to September 2008. That is like running an inquest but excluding all the evidence that was gathered at the autopsy. It would be best to ascertain what was happening in the banks on the famous night when certain people came into the Minister’s office in Merrion Street to look for a guarantee. The Minister received advice from the Central Bank and the Department of Finance as the banks made their case. That file would cast more light on the causes of the banking crisis than the files on many other events would. Anglo Irish Bank did not go down until 8 December 2008 and was not nationalised until January 2009. Surely the events that led to the collapse of 62 Banking Crisis: 19 January 2010. Statements

Anglo Irish Bank are extremely relevant to this inquiry, as are the events that caused the Government to decide to recapitalise AIB and Bank of Ireland. Surely the justification for the recapitalisation of the banks must arise directly from the problems they faced. How better to cast light on the problems of the Irish banking system than to look at those events, in particular? The judgments of the judge of the commercial court, Peter Kelly, are casting huge amounts of light on, and giving us huge insights into, the lending practices of the banks. As such matters relate to the period after September 2008, that false deadline should be removed. The commission, like the expert who does the preliminary report, should not be told to inquire into everything that happened before 31 August 2008 but not to go any further because the Govern- ment was taking action after that date and driving on from there. The second aspect of the proposal I would like to raise is a common feature of the terms of reference of other inquiries. Many speakers have laid the charge that the Government, in effect, is excluding an inquiry into its own actions. It has been suggested that the Government is prepared to consider the macro-economic causes of the banking crisis and the international crisis, but is not prepared to examine what the Taoiseach did when he was Minister for Finance, what the EU Commissioner, Charlie McCreevy, did when he was responsible for banking regulation in Europe, or any similar events. It is normal for a certain provision to be included in the terms of reference of tribunals of inquiry of this nature. There are several precedents for the inclusion of a catch-all provision that ensures that as well as examining certain events, the tribunal of inquiry also examines the adequacy of the response of the Government, the Departments and the State agencies to those events. I ask the Minister, in his reply, to give a commitment that such a provision will be included in this case. The adequacy of the response of the Government, Ministers, Departments and State agencies, including the regulators, would also be examined. The Minister has not excluded this provision and, clearly, the amendments before us are not terms of reference. The Taoiseach has given his commitment to listen to the views of a committee of the House before drafting terms of reference. I ask the Minister to commit to including this catch-all provision so that the adequacy of his predecessors’ response, as well as those of all relevant Departments including the Department of Finance, can be examined. This would curtail any further accusations that he is attempting to evade political responsibility for these events.

Deputy Michael Mulcahy: An inquiry into the banking failure which occurred over the past two years is essential. I commend the Minister for Finance on the proposals he has drafted for an inquiry. I will adopt the reasoning used by the Minister and the Minister of State at the Department of Foreign Affairs, Deputy Peter Power, both of whom were very eloquent. If one is a pensioner who has lost a pension, a shareholder who has lost value, a taxpayer who is at a loss or a stakeholder in society who has lost money through this crisis, one is entitled to an inquiry. As the Minister noted in his speech, there is an evident appetite for such an investigation. The debris from this crisis lies all around us. This morning’s newspapers revealed that one developer received loans totalling €550 million without any guarantee. No prudent bank would undertake this kind of conduct. However, the primary reason for an inquiry is to ensure that our system never again collapses. The Spanish philosopher, George Santayana, famously wrote: “Those who cannot remember the past are condemned to repeat it.” I do not think anybody here would wish a repeat of the problems we are experiencing. Having established the need for an inquiry, the next question to be answered is the form it should take. It should be timely, efficient and successful in bringing forward a set of meaningful and comprehensive recommendations. The public does not want an inquiry which turns into a slanging match between politicians nor does it want the type of procedures proposed by Deputy 63 Banking Crisis: 19 January 2010. Statements

[Deputy Michael Mulcahy.] Burton. It wants a proper inquiry into the past which is carried out by professionals and subjected to the scrutiny of this House so that recommendations can be made for the future. The motion proposed by the Labour Party is based upon a legal fallacy because it admits that the Oireachtas does not have the power to conduct an inquiry without the introduction of new legislation. I have read the Bill drafted by Deputy Rabbitte and do not believe it meets the requirements set out by Ms Justice Susan Denham when she struck down the Abbeylara inquiry. She made it clear that the Oireachtas does not have the explicit or implied power to make findings of fact detrimental to the reputation of persons. While I am aware Deputy Rabbitte’s Bill makes provision for potential criminal convictions, this is not sufficient to overcome the Supreme Court judgment in the Abbeylara case. I commend the Minister on the fabulous work he has done. The Government amendment sets out the correct means to establish a meaningful inquiry into this most serious of matters.

Deputy Darragh O’Brien: Certain Members of the Opposition appear to have already made up their minds about the results of an inquiry into the banking system. Deputy Higgins should not be surprised at that.

Deputy Michael D. Higgins: The public has made up its mind.

Deputy Darragh O’Brien: We must approach the matter with open minds. This problem affects all citizens and members of every political party. The Minister for Finance outlined the most efficient and effective means of inquiring into systemic failures in the banking sector. I hope that certain Members of the Opposition will leave their political differences at the door because the problems we must address are multifa- ceted and international in nature. The claim is sometimes made that the problem is completely Irish but we have experienced a global financial crisis and many other countries are investigating failures in their own banking system. The Government’s approach to the banking crisis has been measured and effective. I was unsettled, although not surprised, by Deputy Burton’s comments today. Not once in this banking crisis has the Labour Party supported any Government initiative. It opposed the bank guarantee, the recapitalisation and nationalisation of Anglo Irish Bank and the establishment of NAMA, which will ensure credit flows to small and medium enterprises. These initiatives were opposed simply because they were Government policies rather than on the basis of the country’s best interests. No bank has been given a free lunch by this Government. At every stage, we have ensured that they paid heavily for the support they received from taxpayers and we will continue to do so. A viable banking system is crucial in terms of supporting jobs and businesses. Deputy Burton referred to the banking inquiry being conducted in the United States. The conduct and composition of that inquiry has received heavy criticism. The best way to proceed would be through an independent inquiry headed by people with the requisite knowledge and expertise. The Governor of the Central Bank, who will conduct his own investigation of that organisation’s role in this crisis, has said it is better to do things right than to do them quickly. The method proposed by the Government is the most efficient and cost effective way of getting to the root of the problems that have occurred in the banking system. Everybody is aware that the DIRT inquiry by the Committee of Public Accounts some years ago was based on extensive investigations already undertaken by the then Comptroller and Auditor General. It did not happen overnight, nor should this inquiry. The Oireachtas must base its investigations on fact and expertise provided by those who know the system and who will report to Parlia- 64 Banking Crisis: 19 January 2010. Statements ment. The Minister has ensured that the Oireachtas will be involved in every step of this process. I commend these proposals to the House. The Government’s plan is the right way forward to deal with the problems that have occurred in the banking system.

Deputy Kieran O’Donnell: I begin by wishing the Minister, Deputy Brian Lenihan, a full recovery. This discussion is taking place because Professor Honohan stated at a meeting last December of the Oireachtas Committee on Economic Regulatory Affairs that he wanted an Oireachtas inquiry into the banking situation. The Minister went to great trouble to hire a person of the calibre of Professor Honohan as Governor of the Central Bank, yet rejected his first key recommendation. Professor Honohan asked for the establishment of an Oireachtas committee but that proposal has not been granted. It is not appropriate for the Governor of the Central Bank to conduct an investigation into his own organisation.

Deputy Brian Lenihan: He did not ask for the establishment of an Oireachtas committee.

Deputy Kieran O’Donnell: He asked for an Oireachtas inquiry; I was there.

Deputy Brian Lenihan: He asked for the Oireachtas to consider setting up an inquiry.

Deputy Kieran O’Donnell: I was at the meeting when he asked for an Oireachtas inquiry. It is inappropriate for the Governor to carry out an investigation into an organisation for which he is responsible. The public requires a clear and unambiguous inquiry into the banking system. The first difficulty with the Minister’s proposal is that the inquiry it envisages will be conducted in private. Second, it is a cumbersome process, comprising a maze of outlets that will not provide accountability in terms of the political process. It is important above all that any inquiry must be public. Moreover, if it does not have a political dimension it will be akin to a wedding without a bride. One need only look to some of our European neighbours to see how matters were conducted differently there. For example, the Spanish regulator introduced more severe capital ratios for the banks to ensure there was no reckless landing. Why did we have a situation in this State where the Taoiseach, as Minister for Finance, could state in 2005 that there was no problem with the fundamentals of the economy and where no constraints were placed on the degree of lending by the banks? What is required to restore confidence in the banking system is an inquiry that is open, transparent and fully accountable. That can only be achieved through a public inquiry. The public will not accept the Government’s proposal, under which it will take almost a year before anything is achieved. It could take even longer if the various sections seek an extension of time. Furthermore, the Government amendment to the Labour Party’s Private Members’ motion suggests that September 2008 will be the cut-off point for the report of the Governor of the Central Bank and the independent review, but the Minister’s speech included no reference to September. My concern is that the inquiry will encompass events only up to 31 August 2008, thus excluding the introduction of the guarantee scheme on 29 September of that year and the statement by Mr. Patrick Neary, the former Financial Regulator, at a meeting of the Oireachtas Committee on Economic Regulatory Affairs on 14 October 2008 that, in his view, all the banks were solvent. Within a short period, however, the Minister was obliged to nationalise Anglo Irish Bank. There must be an inquiry into these events of late September 2008 and beyond. This is a defining moment for the Minister, the Government and this House. The Minister has nothing to be afraid of in establishing a fully accountable public inquiry if he has done nothing wrong. Why is the Government reluctant to establish such an inquiry? There is a view among the public that once the NAMA process is in train, the banks will close the doors behind 65 Banking Crisis: 19 January 2010. Statements

[Deputy Kieran O’Donnell.] them, with interest rates increasing and far more severe lending criteria. The public is entitled to a public inquiry. I accept that there must be a scoping exercise at the beginning, and the Government should proceed to consult experts and so on as was done by the then Comptroller and Auditor General in the case of the DIRT inquiry. However, the Governor of the Central Bank should not investigate his own organisation. After the scoping exercise, the Minister must meet the Opposition leaders to agree the make-up of an Oireachtas committee that will conduct public hearings on the basis of those initial findings. It is only in this way that the process will have credibility. However, what the Minister is putting in place is cumbersome and unwieldy and offers only a veneer of public inquiry. In reality the investigation will be conducted in private and those who are directly responsible for getting us into this situation will not be held accountable. For instance, how could a situation arise at Anglo Irish Bank, which was apparently of systemic importance to the economy of the State, where one individual effectively secured a stake of up to 28% by way of contracts for difference? Did the Financial Regulator know about this? He clearly knew about the 10% stake that was taken by the ten bold individuals, but was he aware of whether those particular shares were financed by the bank itself? Were the margins that arose in respect of the contracts for difference financed by the bank?

Deputy Brian Lenihan: There is an ongoing Garda investigation into these matters.

Deputy Kieran O’Donnell: The public is entitled to know precisely what went on. Any inquiry must ensure public accountability by the banks, the regulatory system and the Govern- ment. The Minister said he has nothing to fear from an investigation. I assume he wants the process to have credibility. Members of the Green Party have called repeatedly in recent days for a public inquiry. I will be interested to hear whether the Minister for Communications, Energy and Natural Resources, Deputy Ryan, agrees that what is proposed by the Minister constitutes a public inquiry that will satisfy the requirements of citizens. People are losing their jobs and homes, and small businesses cannot obtain credit from banks. The outgoing chief executive officer of Allied Irish Banks indicated recently before an Oireachtas committee that the bank would not use the NAMA bonds to provide low-cost credit before going on to suggest that it may or may not do so. Yet this is one of the key points on which the Minister sold the NAMA proposal to the public. If the Minister wishes to have credibility in this process we must all work together. We cannot have a situation where the Government rams this proposal through. That will constitute a waste of taxpayers’ money because the public will not have belief in the system and its confidence in the banking system will not be restored. The Minister has major decisions to make in this area into the future. NAMA is to be established, whether or not we agree with it, and there is the question of further recapitalisation of Allied Irish Banks and Bank of Ireland and possible further injection of funds into Anglo Irish Bank and Irish Nationwide Building Society. How did we get to this situation whereby, to all intents and purposes, in a very short period of time the majority of our banking system could be nationalised. That is the question the public want answered. The only way we will get answers is in an open and transparent way. If we need expertise in terms of an Oireachtas committee, we can bring it in. We were elected to represent the people. This House exists to ensure the views of the public are taken on board. The public will accept no less than a public inquiry. The truth will out. It is extremely important that we find out why we have reached this point.

Acting Chairman (Deputy Johnny Brady): The Deputy’s time has elapsed. 66 Banking Crisis: 19 January 2010. Statements

Deputy Kieran O’Donnell: I hope the Minister will explain in his response what are his reservations in terms of a public Oireachtas inquiry.

Acting Chairman: The Deputy is way beyond his time. The Minister, Deputy Eamon Ryan, has five minutes.

Deputy Pat Rabbitte: Will I get a chance to speak?

Acting Chairman: Deputy Rabbitte will not.

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): This is the right public inquiry, carried out by public bodies in the public interest in public as well as on the back of proper investigative work.

Deputy Kieran O’Donnell: It is to be held in private.

Acting Chairman: No one interrupted Deputy O’Donnell.

Deputy Eamon Ryan: It is up to everyone in this House to ensure that the investigation is timely, cost effective and that it delivers what we want, which is that we learn the lessons from this banking crisis and that we do not ever allow it to happen again,——

Deputy Kieran O’Donnell: Was the Green Party not seeking a public inquiry?

Acting Chairman: Please Deputy O’Donnell. No one interrupted you.

Deputy Eamon Ryan: ——that we hold people to account who are responsible for it and, crucially, that we bring confidence back to our system, primarily among people in this country but also abroad.

Deputy Pat Rabbitte: Was the Green Party not seeking a public inquiry?

Deputy Kieran O’Donnell: The Minister’s party sought a public inquiry.

Acting Chairman: Please Deputy O’Donnell.

Deputy Eamon Ryan: The method we are setting out is the way in which that can be achieved.

Deputy Kieran O’Donnell: With due respect, was the Minister’s party not seeking a public inquiry?

Acting Chairman: Deputy O’Donnell should please allow the Minister to conclude.

Deputy Eamon Ryan: The investigation has a timeframe. Other tribunals have taken up to ten years to do their work.

Deputy Pat Rabbitte: On a point of information.

Deputy Kieran O’Donnell: Will the Minister outline whether this is a public inquiry or a private one?

Acting Chairman: Deputy O’Donnell should please allow the Minister to speak without interruption.

Deputy Eamon Ryan: This investigation will be cost effective compared to other systems—— 67 Banking Crisis: 19 January 2010. Statements

Deputy Pat Rabbitte: Will the Minister take a question?

Deputy Kieran O’Donnell: This is a public inquiry.

Deputy Eamon Ryan: ——where they have cost up to €200 million to carry out their work.

Deputy Pat Rabbitte: The Minister said it would be a public inquiry.

Deputy Eamon Ryan: The investigation will be effective and democratic.

Deputy Pat Rabbitte: Will the Minister give way?

Acting Chairman: Deputy Rabbitte, please.

Deputy Eamon Ryan: I will not give way. I have five minutes.

Deputy Kieran O’Donnell: How will it be democratic?

Deputy Eamon Ryan: It will be democratic because at the very centre of it——

Acting Chairman: Please resume your seat, Deputy O’Donnell.

Deputy Kieran O’Donnell: This is a private, cosy inquiry, not a public inquiry.

Deputy Eamon Ryan: ——because at the very centre of it will be the work of an Oireachtas committee that will be required first and foremost to help steer it in the right direction.

Deputy Kieran O’Donnell: The public is entitled to get——

Acting Chairman: No one interrupted Deputy O’Donnell.

Deputy Eamon Ryan: Second, when the initial reports are concluded, they will be considered and acted upon as we move into the proper phase of the commission’s work. When that work is concluded, be it an interim report or a final report, we will conduct the necessary hearings——

Deputy Kieran O’Donnell: The Minister is waffling.

Deputy Eamon Ryan: ——based on the facts that have been found, which an Oireachtas committee would not as easily be able to find, to hold people to account and to ensure we have a cost effective, timely inquiry.

Deputy Joan Burton: In secret.

Deputy Eamon Ryan: The mechanisms set out will achieve those objectives.

Deputy Kieran O’Donnell: It is not a public inquiry.

Acting Chairman: Deputy O’Donnell.

Deputy Eamon Ryan: They will only work if we in this House stop playing political games and start working together in the interests of the people——

(Interruptions).

Acting Chairman: Please, no one interrupted the spokespersons. 68 Banking Crisis: 19 January 2010. Statements

Deputy Eamon Ryan: ——to try to ensure that our banking system never again makes the mistakes that were made in recent years. The investigation needs to examine the regulatory side of the banks, what the banks are doing, while cognisant of the fact that it is the courts which have primary responsibility for convicting people, if appropriate, who have carried out illegal activities within the banks. It should also look at the macro-economic lessons we have to learn on all sides of this House, in terms of the implications for our fiscal and monetary policies as determined by our membership of the European Union. We in the Green Party are committed to make this process work, to make it public so that there will be appropriate hearings based on facts that are discovered and uncovered according to due process.

Deputy Kieran O’Donnell: The Green Party said it wanted a public inquiry.

Acting Chairman: Please, Deputy O’Donnell. No one interrupted you.

Deputy Eamon Ryan: We have to take account of lessons that we learned in the course of the mini-CTC inquiry, which came to a dead end because it did not have the right structure. We have taken account of the likes of the DIRT inquiry, in which Deputy Rabbitte was involved. One of the reasons that worked is that a similar process was involved whereby a report was delivered first to establish some of the facts, which were then acted upon. The timelines and the mechanisms that we set out are correct, appropriate and will deliver what we need, which is confidence in the banking system so that we do not make the same mistakes again, and that those who have made mistakes are held publicly to account. That will happen on the basis of the structure that we have set out, but it will require, first and foremost, an Oireachtas sub-committee. The structure of that will be subject to the agreement of the Whips. We must get down to work and stop squabbling over political points to serve the public interest by getting to the real point, which is why this happened——

Deputy Kieran O’Donnell: We need to have a public inquiry.

Acting Chairman: Deputy O’Donnell.

Deputy Eamon Ryan: ——and how we can stop it happening again. That can happen with the structure proposed.

Deputy Pat Rabbitte: On a point of order before the Minister for Finance replies. The record will show that the Minister for Communications, Energy and Natural Resources, Deputy Ryan, said that what we are embarking on is a public inquiry. I give him an opportunity to correct the record because whatever it is, it is not a public inquiry.

Deputy Eamon Ryan: There will be many occasions when the investigation will be done in public as well as being done on the back of investigative work to find the facts.

Deputy Arthur Morgan: Nonsense.

Deputy Eamon Ryan: It is a combination of public work and proper fact finding through the appropriate structure set up by the Oireachtas.

Deputy Joan Burton: No. The Minister is misinforming himself.

Deputy Kieran O’Donnell: No, the Minister is incorrect. 69 Banking Crisis: 19 January 2010. Statements

Deputy Eamon Ryan: It is an inquiry carried out by the right public bodies, in public and in the public interest. That is the crucial requirement we have to meet and we will.

Minister for Finance (Deputy Brian Lenihan): The inquiry conducted by Judge Murphy was a public inquiry under the relevant legislation established by this House, which is a public Act of the Oireachtas. I am a little sceptical of some of the Opposition speakers in this debate. The real objective appears to be to continue to use the banking crisis as a political football. That has been the consistent pattern of events in this House for 18 months, with the honourable exception of Fine Gael in regard to the giving of the original guarantee. The steps that governments all over the world have had to take to support their banks are deeply unpopular, extraordinarily difficult to understand and explain but essential to the economic well-being of all countries. The measures we have had to take are amenable to misrepresentation and susceptible to political mischief. Opposition speakers naturally will not lose such opportunities, but the truth is that political circuses in this House for the next year and a half will not secure the future stability of our banking system. It is clear that for some Opposition speakers the economy comes a poor second to this political circus and the pursuit of office. We have a duty as a Government and as Members of the Dáil to ensure that the origins of the crisis are understood, that lessons are learnt and that international and domestic confidence in the banking system is rebuilt. A major factor in rebuilding that confidence has been the appointment of Professor Honohan as Governor of the Central Bank and Mr. Elderfield as regulator. Let us look at what Professor Honohan actually said in his presentation at the Oireachtas committee on 15 December. He said that the banking crisis was bigger and more complicated than one that could be accommodated by an Oireachtas inquiry. Those were his words to the committee. He went on the say the question would not be sufficiently answered by a judicial inquiry because one is not simply trying to find out what happened and the sequence of events. He said we should think in terms of getting experts, including experts in economics and social science and blend them with politicians and arrive at a panel somewhat like the US congressional panels which consider particular issues on an ad hoc basis. He said, “The crisis is not simply a question of discovering who did what and who knew what. Uncovering the deep roots of the crisis will require expertise and broad social scientific understanding more than merely forensic skills.” In the presentation made by Fine Gael and Labour, naturally the entire economic problems of this country are laid at the feet of a banking crisis. That is simply incorrect. This country had a completely inappropriate cost structure. That is a major reason we have had an economic crisis and that structure has been addressed in budgetary measures that have been consistently opposed by the parties opposite. Our adjustment in those cost structures has been widely welcomed in other parts of the world and recognised as clear evidence that the Government is taking decisive action to deal with the real economic problems of this country. The banking crisis has made a huge contribution to our difficulties. The next issue, which was raised by Deputy Kenny, in a very fair-minded way, and by other Deputies, was the extent of Oireachtas involvement and supervision in any inquiry that will take place. Everyone agreed that there should be a scoping exercise. The details of the scoping exercise were announced today in the Government decision. It is clear that there will be scope, in the context of the scoping exercise for Members of the Oireachtas to identify the issues they want scoped. I say to Deputy Burton that I do not know what will be the reaction of various people in the context of the toxic triangle she believes existed between my party, the banking industry and the construction industry, for example. I do not know how they will scope that element into their work. Her comments in this House in that regard, which have been consistent for a long period, show how totally unfit she is to make judgments on this matter as part of an 70 Banking Crisis: 19 January 2010. Motion

Oireachtas committee because it is clear that she has arrived at a pre-judgment on the very issues she invites the House to consider as part of a committee determination. That is the fundamental difficulty about having disputed issues of fact brought before a committee such as this, in that it is clear that one either has a sharp report between a majority government and an Opposition minority or else one has chaos and confusion. It is open to the Deputy to raise that issue in the context of the scoping exercise. At the conclusion of the scoping exercise — I accept this was not made clear to the House — it is essential that an Oireachtas committee examines the documents prepared by those doing the scoping exercise, and we are open to Whips’ discussions on this issue. It is not a matter of the Government devising terms of reference for the commission of 7o’clock inquiry in private or in secret, or without regard to the wishes of the Oireachtas. I would see an Oireachtas committee having a vital function in assisting in the formulation of appropriate terms of reference and with regard to where the inquiry goes at the conclusion of the scoping exercise. Why opt for the commission of inquiry? We all know that if we establish a tribunal of inquiry under the 1920 Act, we might as well sign a cheque for several hundred million euro immediately on the floor of this House. The other option, advocated by Deputy Noonan and, I assume, by Deputy Rabbitte, is to see how far this House could go in examining these matters. However, there are severe constitutional limits, apart from the practical constraints on such an operation. I conclude by noting that other questions were raised in this debate which I would like an opportunity to deal with. I will avail of that opportunity when I make a contribution tomorrow in the context of the Labour Party motion.

Private Members’ Business.

————

Banking Crisis: Motion. Deputy Joan Burton: I move:

That Dáil Éireann:

— noting the unprecedented crisis in the Irish banking system, the contribution of that crisis to the present economic emergency and the on-going implications of that crisis for employment and output;

— noting the emergency measures that have already been taken to stabilise the banking system, including the blanket guarantee, the nationalisation of Anglo-Irish Bank and the re-capitalisation from the public purse of other banks;

— further noting the losses incurred by bank shareholders, taxpayers and the general public as a result of the banking crisis;

— believing it is necessary to examine in detail the nature and causes of the banking crisis, including the manner in which relevant laws, regulations, administrative systems, procedures and practices were employed and applied, identifying in particular:

— any defects in planning, information-gathering and information-analysis on the part of public authorities; 71 Banking Crisis: 19 January 2010. Motion

[Deputy Joan Burton.]

— any other defects in systems of regulation and oversight on the part of public authorities;

— any systematic default on the part of regulated persons or bodies in their duty to comply with relevant regulations; and

— any defects in relevant laws or regulations;

— believing further that it is necessary for this and other purposes that there be conferred by statute on each House of the Oireachtas and on both of them acting jointly, through committees, a power to appoint inquiries into and to commission reports upon matters relevant to the exercise of the legislative power of the State including defects in social, economic or administrative systems and systems of governance within the State, for the purpose of proposing legislation to remedy any defects so identified and to make recommendations for the better regulation and governance of the State; and

— resolves to take all necessary steps for the establishment of an inquiry by a committee of Dáil Éireann into the banking crisis, including the consideration and passing as a matter of urgency of legislation along the lines of the Committees of the Houses of the Oireachtas (Powers of Inquiry) Bill 2010.

I wish to share time with Deputies Michael D. Higgins, Arthur Morgan and Caoimhghín Ó Caoláin.

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

Deputy Joan Burton: The motion concerns what is effectively a Dáil-based inquiry into the events that have led to the collapse of the banking system. We have had an hour or two to consider what the Government has proposed in its amendment, which proposes “to request the Governor of the Central Bank to report to him [namely, the governor will report to himself] on the performance of the respective functions of the Central Bank and Financial Regulator in the period since the establishment of the Financial Regulator up to September 2008 having regard to the statutory powers, roles and responsibilities of the Central Bank and Financial Regulator”. I wish to make three points in this regard. First, I have much admiration for Professor Patrick Honohan. I welcomed his appointment and I welcome the fact he now holds his office in the Central Bank. However, I have a feeling this is a poisoned pill the Government is passing to Professor Honohan because I find it extremely difficult to understand how he, as the boss and chief executive of the Central Bank, can actually carry out an inquiry that involves the staff, papers and policies of the institution of which he is now the governor. I believe the Government is seeking to put Professor Honohan in an invidious position, which is not helpful to the future proper governance of the Central Bank, and is unfair to him. If the Government has in mind a mere review which, as it were, points forward to what Professor Honohan, as governor in situ of the Central Bank, has in terms of thoughts about the new Central Bank-Financial Regulator legislation, that is a different issue because that is looking forward. It is not actually carrying out any kind of a review into what happened in the Central Bank from the time there was a turf war between Charlie McCreevy, Michael McDowell and the Department of Enterprise, Trade and Employment as to who should control financial regulation in this country. 72 Banking Crisis: 19 January 2010. Motion

There is also the fact that, as the previous governor has been at pains to point out on several occasions, the Central Bank did in various reports include references to its concern about a property bubble. However, I have heard the previous governor comment on many occasions that he was powerless to impact and influence the banks because, if one likes, there was a zeitgeist, a political system in operation here then, led by the former Taoiseach, Deputy Bertie Ahern, and the former Minister for Finance, Charlie McCreevy, which said “Bubbles are good”, “When I have it, spend it”, and “Ramp up the property market, and help to ramp it up even further by means of tax breaks”. Therefore, to ask the governor to make any serious inquiry is, as I said, to put him in an invidious and contrary position because he would be asked to report on, or perhaps review and comment on, papers and people who are on his current staff. I do not see how that proposal would run. Second, the Government wants “to commission an independent review from a recognised expert or experts of high standing and reputation to conduct a preliminary investigation”.In the Bill which Deputy Rabbitte and the Labour Party have put forward to correct the default in the Abbeylara judgment and the gap or lacuna in regard to powers of Dáil committees to inquire, we have sought to address this issue by providing for a preliminary investigation. As speakers on all sides have recalled, this was also done by the Comptroller and Auditor General in the preliminaries to the DIRT inquiry, which was a sub-committee of the Committee of Public Accounts but held its inquiry pre-Abbeylara. Abbeylara in its particular circumstances drew down a decision from the courts which has cast into doubt the power of an Oireachtas committee to ask questions and to get and require reasonable answers when put in an appropriate framework. The Labour Party, alongside this motion, has offered to the Government in a bipartisan spirit measures which will restore the proper powers of the Oireachtas to make reasonable inquiries into matters of public importance. According to the Government amendment, these two reports “will consider also the international, social and macroeconomic environment”. It almost sounds like an environmental impact statement. That part is probably attributable to the Green Party, although it does not mean anything. The Government amendment also states “that these reports shall have regard as appropriate to the de Larosière and Turner Reports”. The point about the de Larosière report is that it is designed to create a European-wide framework. Its French author has in mind a framework which would basically provide for what one might almost call a college of regulation, via and connected to the European Central Bank, which will try to ensure that the European banking system, particularly in the euro area, would not be subject to the kind of destabilisation that was visited on central mainland European countries, although not Ireland, because the reasons for the Irish collapse are absolutely different from the reasons that banks in Germany, Switzer- land and so on collapsed. We are being dishonest with ourselves if we do not recognise the peculiar homegrown banking collapse we have had. Our banking collapse is like what happened in Sweden in the early 1990s and to a lesser extent in Finland, which were caused by homegrown property bubbles. The de Larosière report is simply something to which future Irish Governments are likely to subscribe in a general sense as a reforming process, and in the context of a court of regulators or a college of regulators throughout the EU. The Turner report obviously arises in a particular context. Lord Turner has been one of the principal advocates for open and accountable critiques of the financial institutions. His personal experience comes from working for a long period in the City of London. The point is that bankers, wonderful people and all, are serial recidivists. If they sense any let up on the Government’s part or believe the Government wishes to cosy up to them again, 73 Banking Crisis: 19 January 2010. Motion

[Deputy Joan Burton.] they will be out of the traps before one can snap one’s fingers and, as we have already seen, will return to the bonus culture and Gordon Gekko’s “Greed is good” and all of the other slogans that senior bankers have over their desks. In the United States, the people at the top of Goldman Sachs are making a profound philosophical argument to the effect that, since they have made so much money and repaid the US Treasury for the bailout and more besides, they are entitled to recommence paying bonuses, given the market in the US. Irish banks cannot even put together a rights issue. What shareholder who has been already ripped and stripped by them would contribute tuppence to a rights issue? People who believe they can take comfort from what has occurred in the US should remember that the problems of the United States are different from ours. I referred to a committee, just one of a number of American inquiries, that has begun its work. That commission is bipartisan and has the power to call and order papers. The Minister of State may have had an opportunity to listen into the Chilcot inquiry in the UK. Its members have been empowered to seek all of the papers, without restraint and as a basis for their questions, of serving and former Ministers and Prime Ministers in order that their country can get an answer as to why they went to war. Our equivalent question is why did our banks collapse and bring ruin to the general public. This year marks the beginning of the decade in which we will celebrate the Easter rising and our first republic. If we cannot answer questions about our greatest financial collapse, Fianna Fáil should move out as soon as possible. There are those of us who want to see the establishment of a second republic that will have reform at its heart and will seek to defeat the corruption characterising so much of what has transpired during the past 12 years. The Labour Party is determined to embark on this political mission to bring about sustained change as soon as a general election is held. I wish to address the business of inquiries. During the 1930s after the great crash, there was a major commission in the US called the Pecora Commission. The then financial oligarchs were brought before it in open inquiry. Startlingly, it emerged from their answers that some of the largest oligarchs paid no taxes at all. Finance capital was structured in the US much like it has been structured in Ireland during the past 12 years, namely, people at the top had arrangements that facilitated them in paying no taxes. Consequently, their super profits and accumulation of capital were so extraordinary that, as is usually the case in such situations, they began to believe they were more powerful than any mere democratic forum with all of its faults and weaknesses as well as its strengths. It is historically disappointing that Fianna Fáil has tried to dodge the bullet of an honest and open inquiry. If we really want to give young people the hope of staying in Ireland and building their futures, we should opt for reform and openness. No matter how wealthy people are or were, they should be invited to come forward and tell their stories. There is nothing wrong with business failure. It is a feature of life in business around the world. People get up off the floor and rebuild their businesses. However, business corruption is wrong, as is a system that distorts a country’s structures, including the tax system and access to credit or finance, and favours the creation of an oligarchy as has developed in Russia. The Government is throwing away an incredible opportunity to have a genuinely bipartisan examination of what went wrong and to face up to the situation. For some current and former members of the Government, this would involve difficult questions because they would need to acknowledge their parts. On Christmas eve, I received a single sheet in an anonymous letter to which I will briefly refer in my closing remarks. It concerns my old adversary in the finance brief, the then Minister for Finance and current Taoiseach, Deputy Cowen. In recent years, I had two arguments with 74 Banking Crisis: 19 January 2010. Motion him. The first was about contracts for difference and what was done to make the Dublin Stock Exchange a casino in which the Quinn family sustained losses through those contracts. This matter must be examined. The second related to the fact that developers were constantly entering into arrangements to ensure that stamp duty could be avoided at the then rate of 9% compared with the 1% payable via a share transaction between companies. The then Minister and I held long discussions about the wisdom of allowing this. I told him that, when one has no taxation structure in a bubble, no one will benefit. Rather, prices are encouraged to increase. The example I chose was one with which I had become reasonably familiar, namely, the Irish Glass Bottle site in Ringsend. All of this is on the record of the House and committee.

Deputy Peter Power: With respect, he was the first Minister for Finance to start eliminating tax breaks. That is also on the record.

Deputy Joan Burton: We need to find out about this issue. The letter sent to me, presumably by someone in an accounting firm, related to a company called Betbay and how it wanted the arrangements hurried up to be sure of avoiding stamp duty. Anyone who believes we can examine how the bubble was created without looking at the political complicity of Fianna Fáil, the developers and the bankers, led by Anglo Irish Bank, is fooling himself or herself.

An Leas-Cheann Comhairle: The Deputy has two minutes remaining.

Deputy Peter Power: Bipartisanship. Has Deputy Burton decided already? That is not bipartisanship.

Deputy Joan Burton: No. The letter I received, a copy of which I will give to the Minister of State and which I will read into the record, was only an ordinary letter about a commoner garden bit of tax avoidance. It only involved tax avoidance on a deal worth about €500 million and tax avoidance of approximately €48 million. In the whole scheme of things it was not that much. This kind of arrangement was core to why we lost the run of ourselves and why this Government ended up admiring Anglo Irish Bank. Mr. Justice Peter Kelly talked yesterday about Zoe Developments and arrangements for a €500 million loan all secured on undertakings. The Minister of State present has a legal background. The son of a very prominent developer who has fallen on hard times wrote in The Sunday Tribune at the weekend about how personal guarantees were what banks came to rely on towards the end even though they were meaningless. A developer in my constituency told me he is only liable to NAMA for approximately €75 million and therefore he is okay. Those are not the kind of figures in which I would deal but he seemed to be able to take it on the chin. The banks were contacting him by telephone to ramp up what he would bid and seek. Unless that area is included in this inquiry, we will simply encourage the bankers to go off as soon as this is over and repeat exactly what they have done to the economy. Perhaps they will be waiting for Fianna Fáil after it is ten years out of office to return to office and let them start all over again.

Deputy Michael D. Higgins: The only personal remark I want to make is to wish the Minister for Finance a speedy and rapid return to full health. In the short time available I wish to address a fundamental issue. I speak as a political scientist; I am not a lawyer. If at 8.30 p.m. tomorrow Members vote down the Labour Party motion and the Bill at the heart of it, they will do a terrible disservice to this Parliament. I am in a position to know about parliament and its powers. This is an incredibly important moment. 75 Banking Crisis: 19 January 2010. Motion

[Deputy Michael D. Higgins.] What we are deciding to do is a little less than what the Labour Party proposes, which it does on the basis of the history of its party founded in 1912, that chose parliament as one aspect of politics that needed to be treated with respect and that should be used in a transparent and public way. It exercised a trust that there were was no issue that could not and should not be discussed in parliament. My first fundamental assertion in favour of the Labour Party motion is that there should be no aspect or administration of policy that is above parliament, from which parliament should be excluded or of which it should not be the prime agency.

Deputy Emmet Stagg: Hear, hear.

Deputy Michael D. Higgins: I will go further and say, having listened carefully to what has been said, that it is not a correct interpretation of Ms Justice Denham’s judgment to suggest that she said or that the Supreme Court held that the Parliament had no power to institute inquiries. Her judgment is entirely in regard to the Abbeylara case. It is also specifically on the issue as to whether the committee could effectively try somebody or reach a conclusion which was damaging to that person’s integrity, but it did not exclude nor did it place integrity in such a position as if it could defeat policy. What is happening here is the accepting of an under- labourer version of parliament. As one who believes in a rugged parliament committed to transparency, to its public work and to extending and deepening democracy, I go so far as to say that if this Bill, on which Deputy Rabbitte worked and which he produced, was found unacceptable and if we had to go to the extent of having a constitutional referendum on this issue, it would be the right thing to do. One cannot continue when a Member of Parliament, sadly and disgracefully in the case of the Minister, Deputy Eamon Ryan, describes oppositional voices and views in this Parliament, to which we are elected, as squabbles. That was a pathetic indicator of a party that is weak on its commitment to equality and democracy, even if it is strong on the environment. He can reply to that elsewhere and he and I can debate that elsewhere. The nub of this issue relates to the role of parliament and parliamentarians and then one turns to the role of committees. We spent a great deal of time here recently talking about reform of the parliamentary process. It would be ridiculous to suggest that we would spend our energies deciding whether we would meet at 9.30 a.m. or 10.30 a.m. and would not express ourselves and say that we want no obstacle to be placed in the way of a committee of inquiry. If one considers Deputy Rabbitte’s Bill and examines it in detail, one will note it respects the integrity of the individual and does not dislodge the legal process within the division of powers. However, one could argue the case the other way. Parliamentarians are self-inflecting a wound on themselves by taking an interpretation of the Abbeylara judgment, which is excessive and which cannot be sustained.

Deputy Emmet Stagg: Hear, hear.

Deputy Michael D. Higgins: This is about democracy. If it is the view of the Minister of State that I am wrong, he should test the Bill and, if I am wrong about it, he should test it in a constitutional referendum. Ultimately the public elects representatives and representatives must never be excluded from examining any aspect of policy, its administration or its consequences. On another occasion I will expand on this and say that powers of this House have been given to the NRA, the HSE and elsewhere, which have effectively removed the power of accountability which representatives had. We are the worse for that. I will return to that issue on another occasion. Regarding what is involved here, what of the concerns of the public, to which all of us return and who view our proceedings? I suggest something else. They would like to believe that the 76 Banking Crisis: 19 January 2010. Motion

Parliament they elect in a representative sense is capable of seeking and obtaining such expert and technical advice as is necessary to give the accountable democratic decision. They are not saying that those in Parliament must immediately say that they are not competent and should hand sideways, as it were, to an expert opinion that for which the public have elected them. If that is one’s view, one should get out of Parliament. We come in here and seek the expert opinions that are necessary to sustain us in an informational sense and to form a decision, but we take the decision and do not shirk from it. Unlike the Minister, Deputy Eamon Ryan, we take it as much as possible, as the Labour Party is committed, in public to doing, to answer the public’s concerns in a fully transparent way. The public looking on will consider something else, namely, what would restore Ireland’s reputation internationally. Is the restoration of Ireland’s reputation served by the complex private structure, outlined in the Government’s amendment to the motion, or is it best served by what the Labour Party proposes in regard to giving full public ventilation to all the issues? The Labour Party would not have opposed a scoping report, as I had pointed out, to identify all the complex issues that might exist, but we are insistent on the role of parliament and we believe that we will damage ourselves irrespective of who forms the Government or the Oppo- sition. It is important that we do not lose strength. Our committees are weak. I hope that in future committees being formed will be at arm’s length from Government. A committee system in which the Government of the day retains a majority does not have a sufficient arm’s length distance. In committees in the Scandinavian system or elsewhere, not only does the government not have a monopoly on investigation of or establishing legislation, such committees have autonomy to initiate, amend and change legislation. What we need are parliamentarians who will not say that this is too complex for them or who will not give to an unaccountable body policy decisions that they should be taking or who will say to another group when the public are concerned, as they are now on this issue, that we will have a scoping report. That is all right. Following that, there will be another wise-man and wise-woman commission which will decide on the great issues that are beyond Parliament. However, they are not beyond the public. I am not particularly interested in the names of the individuals involved, but I am interested in the fact that a political decision was taken to implement light-touch regulation in this country. The Minister who did this later became a European Commissioner and went to various countries in Scandinavia to suggest they should also have light-touch regulation. That fundamental policy decision was taken by an elected representative. As we face into this long year, the public will ask one question: is this exercise only about, as somebody put it, getting out of the storm? Is it about restoring calm so that the reckless navigation can begin all over again? Or is it, as the Minister remarked — I liked the remark when he made it — about establishing an entirely different culture of banking, politics and regulation? If it is, let us hear from all sides of the House and all political parties that they are in favour of a different system entirely, and that they will oppose any covert or overt attempt to keep the old racket going — and a racket it was. Let us also hear, in the reply to our debate, at least this much: that no individual will be protected in any way and no file will be retained from any of the investigations that are going on. I am a Member of this House. This Parliament has many defects, but the most outrageous is that tomorrow night at 8.30 p.m. it can decide, without proper analysis, that it should lose the competence to give the lead in an investigation, and lose the opportunity to strengthen its committee structure to give it the power to investigate any matter of public policy.

Deputy Caoimhghín Ó Caoláin: I wish to record, on behalf of the Sinn Féin Deputies, our support of the Labour Party motion and our opposition to what I can only describe as the despicable cop-out of the amendment presented by Government. The inquiry we seek needs 77 Banking Crisis: 19 January 2010. Motion

[Deputy Caoimhghín Ó Caoláin.] to examine and expose in full how the banking sector played a central role in bringing the Irish economy to its knees. It must call to account Government Ministers and the so-called regulators who, instead of doing their duty, maintained a cosy relationship with the banks and, of course, the third element — the top bankers themselves across all institutions. The Irish public has already poured €7 billion in recapitalisation payments into Anglo Irish Bank, AIB and Bank of Ireland; more than €50 billion will be spent on NAMA; and billions more will be required for future recapitalisation. Yet the public still do not know exactly how or why this situation came about. We should make no mistake about it: the figures I have cited, the true extent of which have yet to be exposed, are only part of the picture. The real cost for individuals and families, for whole communities and sectors of our society, is not reflected in those figures. Cutbacks, pay cuts and the 2010 budget, to name but three, are consequences of these failures — failure of Government, failure of regulation, and failure to oversee a banking sector in which business should have been conducted to the highest standards to engender the confidence of the people. That is why the inquiry should be concerned predominantly with the failure of regulation and the role that Government played, as well as the conduct of the top management at the banks. The role of external auditors must also be examined. The inquiry must be public. We recommend an all-party joint Oireachtas committee with outside experts brought in to help with the investigation as required. The bulk of the work should be done in public; that is what the people have a right to and deserve. Why do I place both Government and the regulatory authorities over the bank executives? I do so because I have been a Member of this House for 13 years and I have seen the failure of this Government, in a previous manifestation, to accept the recommendations contained in the report of the Joint Committee on Finance and the Public Service published in 2005. I participated directly in these deliberations, and the recommendations, if the then Government had the wherewithal and the commitment to effect real change, would have had an undoubted effect with regard to the conduct of the banking sector. There would have been protection for whistleblowers and an increase in the maximum fine for transgressions from €5 million to €50 million. We would have seen the continuation of the bank levy and the financial regulator would have ensured that low-income groups had access to borrowing that was equal to those more favoured in Irish society. Much work was put into that report, with the participation of representatives of all parties. It angers me greatly that the Government failed absolutely to grasp the nettle of the disgraceful, repeated ill conduct and bad management of the banks at the time and the subsequent failure of the so-called regulation that the Government put in place.

Deputy Arthur Morgan: In the debate immediately preceding this one, Deputy Mulcahy, on the Government side of the House, said that shareholders — people who had invested in the banks — wanted and were entitled to an inquiry. He said that taxpayers also wanted and were entitled to an inquiry. We all want an inquiry, but the three key words missing from Deputy Mulcahy’s contribution were “open and transparent”. A closed-shop inquiry is useless. We know what will result: absolutely nothing. We accept that if there are sensitive pieces of evidence to be presented, for example, the committee could go into private session by agreement. There is no question about that as applied to an Oireachtas all-party committee. We accept fully the need for preliminary evidence to be produced, similarly to a book of evidence in a court case; that is standard practice. Whatever our aspirations for an inquiry by a commission, we can get some indication from the Government amendment of what is likely to be estab- 78 Banking Crisis: 19 January 2010. Motion lished. The first paragraph of the amendment contains the type of proclamation that is liable to appear:

[The Government] commends the ongoing programme of actions being taken by the Government to restore banking stability and restructure the financial sector, including the recapitalisation of the two main banks, which will facilitate increased access to funding for SMEs and for first-time home buyers as well as offering protections for existing homeowners in arrears;

SMEs cannot get a red cent from the banks. We all know that from listening to their representative organisations and listening to their owners in our constituency offices and in our social spheres. Yet we are being told the policy being implemented by the Government is excellent. That is exactly the type of nonsense that will come back from any commission report. We are also told about the wonderful work done in recapitalising the two main banks. However, they will need to be recapitalised again. Several billion euro will have to be given to each of those banks in order for them to function in any meaningful way — that is, if they are not to be nationalised by stealth. Here we have evidence of the Government bringing nonsense before the House, in contrast to the very well crafted motion from Deputy Pat Rabbitte of the Labour Party, which I commend. While the Government’s amendment refers to protection for homeowners, one need only read the newspaper reports on what is happening in the courts. The continuing and growing level of repossession of people’s homes is an absolute scandal. However, the amendment would do justice to Shakespeare, John B. Keane or someone similar in respect of putting together some kind of comic effort. It certainly bears no comparison with reality. The people are demanding an open, public and transparent investigation into what went wrong. The people and taxpayers of this State are carrying the can for serious Government misconduct bordering on fraudulent policy. They are carrying the can for this and are likely to do so for several generations. This is grossly unfair and is completely unacceptable. If the Government is not listening to Members on this side of the House, I am sure it will get its answer from the public as soon as the latter has an opportunity to do so, namely, as soon as the general election is called.

Minister of State at the Department of Finance (Deputy Martin Mansergh): I wish to share time with the Minister of State, Deputy Peter Power, and Deputies Mattie McGrath and Niall Blaney. I am pleased to speak to the House this evening on behalf of the Minister for Finance to elaborate further on the Government’s comprehensive approach to framing an inquiry into the banking sector. The Minister indicated that he will participate in this debate tomorrow. I move amendment No. 1:

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

“— commends the ongoing programme of actions being taken by the Government to restore banking stability and restructure the financial sector; including the recapitalisation of the two main banks, which will facilitate increased access to funding for SMEs and for first-time home buyers, as well as offering protections for existing homeowners in arrears;

— calls for the transfer of assets to the National Asset Management Agency (NAMA) to be expedited in order to further enhance the stability and financial soundness of the institutions concerned; 79 Banking Crisis: 19 January 2010. Motion

[Deputy Martin Mansergh.]

— notes the Government decision to introduce important reforms to financial regulation in Ireland which will secure confidence in the banking system through the introduction of new standards of banking regulation and corporate governance, will restore Ireland’s international reputation and will reposition the country’s regulatory system;

— commends the Government’s support for the comprehensive programme of reforms to financial regulation that are being put in place at the EU level;

— notes that essential work remains to be completed in order to bring further stability to the banking sector; including the critical ‘transfer of assets’ to NAMA, agreement on the bank’s restructuring plans and their future capital requirements and expected early progress on the consolidation of the building society sector;

— notes that significant resources are being devoted to these efforts and the officials involved continue to be fully engaged in achieving the objectives of banking stability and restructuring of the financial sector;

— notes that any inquiries that are established must also have regard to the ongoing criminal and regulatory investigations into wrongdoings at certain financial institutions;

— commends the decision of the Government:

— to request the Governor of the Central Bank to report to him on the performance of the respective functions of the Central Bank and Financial Regulator in the period since the establishment of the Financial Regulator up to September 2008 having regard to the statutory powers, roles and responsibilities of the Central Bank and Financial Regulator;

— to commission an independent review from a recognised expert or experts of high standing and reputation to conduct a preliminary investigation into the background to and causes of the recent crisis in Ireland’s banking system up to September 2008 to assess what lessons can be learned and to inform the future management and regulation of the sector, both in relation to individual institutions and in relation to the management of risks and stability issues within the regulatory and governmental systems;

— that these reports will consider also the international, social and macroeconomic environment which provided the context for the recent crisis in the banking sector;

— that these reports shall have regard as appropriate to the de Larosière and Turner reports;

— that both reports are to be initiated as soon as possible and completed urgently and no later than 31 May 2010;

— that following completion of these reports, an independent, statutory commission of investigation is to be established by 30 June 2010, chaired by a recognised expert of high standing and reputation, to identify, examine and report on the causes of the systemic failures such as corporate strategy, governance 80 Banking Crisis: 19 January 2010. Motion

and risk management in the Irish banking sector which culminated in the need for the State guarantee, the recapitalisation programme, the nationalisation and rescue recapitalisation of Anglo-Irish Bank and the establishment of NAMA in order to preserve financial stability;

— that the terms of reference for the commission of investigation will be informed by the conclusions of the reports of the Governor of the Central Bank and the independent review; and

— that the report of the commission of investigation would be completed within six months;

notes that:

— an appropriate Oireachtas Committee will meet both the Governor and the independent expert(s) at the outset of their work to be briefed on the Oireachtas’s priorities for investigation;

— the two preliminary reports, when completed, would be laid before the Houses of the Oireachtas and the appropriate Oireachtas Committee will be invited to consider the findings of the reports;

— the terms of reference and draft Government Order to establish the statutory commission of investigation will be laid before the Oireachtas; and

— the report of the commission of investigation will, when completed, be laid before the Oireachtas for further consideration and action.”

At its meeting today, the Government agreed the proposed framework set out in the amendment for an inquiry into the banking sector proposed by the Minister for Finance and for its subsequent consideration by the Dáil. This framework envisages a cohesive two-stage approach. The first stage will consist of two separate preliminary reports to be commissioned immediately, that is, one from the Governor of the Central Bank on the performance of the functions of the Central Bank and the Financial Regulator and the second from an independent “wise” man or woman to conduct an examination into the recent crisis in our banking system to assess what lessons can be learned and to inform the future management and regulation of the sector. Both reports will be completed by 31 May 2010. These two reports will constitute detailed groundwork in preparation for the undertaking of the second phase of the Government’s plan. This will involve the establishment of a statutory commission of investigation within one month, by 30 June 2010, which will be chaired by a recognised international expert or experts of high standing and reputation. The terms of reference for this commission will be guided and informed by the conclusions of the two preliminary reports in consultation with the Oireachtas. It will be completed by the end of this year and will be laid before the Oireachtas for further consideration and action by an appropriate Oireachtas committee. The need to examine and learn from recent events in the banking sector is paramount. A key part of this will be to learn lessons from these events and the Government’s announcement today, in seeking two preliminary reports to be followed by a statutory commission of investigation, will form another important input into the ongoing reform of Ireland’s regulatory systems and structures, as well as the internal governance of its financial institutions. It is of course important that a retrospective look be taken at the banking sector in light of the significance of the measures that the Government has been obliged to take over the past 18 months and the substantial financial support it has proved necessary to provide to the 81 Banking Crisis: 19 January 2010. Motion

[Deputy Martin Mansergh.] domestic banking system to secure financial stability and which have been the subject of extensive debate in the House over the past year or more. As Members will be aware, over the past year and a half the Government has moved decisively to ensure confidence in the financial system in Ireland by announcing a series of measures, starting with a guarantee arrangement for depositors and lenders to Irish credit institutions. That was the first essential step on the path to stabilising the banking system in this country. All are agreed that this is one of the key requirements for our economic recovery, which will serve the needs of the wider economy. In the absence of a properly functioning banking system, economic recovery will be significantly delayed and the economy’s medium-growth potential will not be fully realised. The overall objective of the Government has been to stabilise the banking sector to ensure that Ireland is best placed to take advantage of the global economic recovery when it occurs. Needless to say, it also must ensure that the interests of the taxpayer have been protected to the maximum extent possible. The proper functioning of the banking system is critical to the effective performance of the economy and therefore must be safeguarded by the Government. In this context, it is worthwhile to outline briefly the various measures that have been taken by the Government to secure this objective here. I refer to the introduction of a bank guarantee scheme in September 2008, the €3.5 billion of recapitalisation of Ireland’s two largest banks, namely, Allied Irish Banks and Bank of Ireland, to assist in securing the banks’ funding base and the €4 billion recapitalisation of Anglo Irish Bank. In addition, a new code of conduct on mortgage arrears took effect on 27 February 2009 and a new code of conduct on business lending took effect on 13 March 2009. Other measures include the announcement of the reforms of our financial regulatory structures encompassing the establishment of a single fully integrated Central Bank of Ireland to replace the current board structure of the Central Bank and the Financial Services Regulatory Authority with unified responsibility for both the soundness of individual institutions, as well as the stability of the financial system overall, the establishment of NAMA to strengthen the banks’ balance sheets so as to considerably reduce uncertainty over bad debts and as a consequence facilitate the flow of credit on a commercial basis to the real economy, and the establishment of an independent credit review process together with a credit review system to examine the credit policies and practices of the banks in respect of SMEs. This review process will help the Minister to decide what further action might be necessary to secure the flow of credit. It should be noted that the actions being taken by this Government are taking place against the backdrop of continued widespread and significant Government supports for, and reforms of, financial services sectors in the European Union and in other developed countries. The banking crisis has highlighted weaknesses in the financial regulatory and supervisory framework of the EU and its member states. This EU framework remains largely nationally based, despite the creation of a European Single Market in financial services more than a decade ago and the highly significant growth in cross-border provision of financial services, as well as the emerg- ence of large and systemically significant pan-European financial institutions. A highly significant programme of reforms is, therefore, under way at EU level in the areas of financial supervision, prudential regulation and corporate governance, as well as crisis management. These EU reforms are building upon the analysis for the European Commission of the high level group on cross-border financial supervision, the so-called de Larosière report. This and other reports, such as the United Kingdom’s Financial Services Authority’s Turner report, have provided the impetus for the international reform which is now under way. Ireland is a strong supporter of such international reforms, and has played, and will continue to play, its part at EU level to ensure that they are implemented swiftly and effectively. These reports also will 82 Banking Crisis: 19 January 2010. Motion form a significant input into the work of the Governor and the wise person providing a detailed overview of the causes of the financial crisis internationally. One must draw a link between the features that are particular to the crisis in the Irish banking system and the available international analysis and reforms that are under way. The completion of the reviews by the Governor and independent expert, together with ongoing disclosures regarding possible malfeasance in particular institutions, will provide the basis for identifying specific issues that warrant further investigation through a statutory commission of investigation. This statutory commission, to be established by 30 June 2010 and chaired by a recognised international expert of high standing and reputation, will be asked to pursue particular lines of investigation which will have been identified by the two preliminary reviews. The Government is aware that the potential scope of an inquiry into the banking sector is very broad and it is essential that the inquiry maintains a clear focus on key issues and is concluded within a reasonable timeframe. The terms of reference for the statutory inquiry will be shaped by the conclusions of the two preliminary investigations and in consultation with the Oireachtas. There clearly are a number of broad themes that require thorough examination. These include the performance of individual banks and bank directors where wrongdoing and lax practices have contributed considerably to the crisis, the performance and structure of the banking system generally, the performance of the regulatory and Central Bank systems and the response of the relevant Departments and agencies, including in respect of the linkage between the banking crisis and overall economic management. There are valid reasons for the approach that has been agreed by the Government. Under the legislation, the commission will conduct specific parts of its investigation, for example, into the affairs of individual institutions, in private. This will minimise the risk of interfering with the ongoing Garda and ODCE investigations. Significant State resources are fully engaged in achieving the objectives of banking stability and restructuring of the financial sector, and these resources must continue to be devoted to the task at hand. The approach being adopted by Government will also ensure the ongoing criminal and regulatory investigations into alleged wrongdoing, which are expected to take some time, can proceed without the possibility of prejudice. Taking account of all these factors, the Government is proposing the multi-stage investigation to be completed by the end of the year. This approach will lead to an expert, authoritative, robust and structured examination of the financial crisis. An important priority for Government will be to ensure the Oireachtas has a central role to play in these investigations and will be involved at each stage of the process, as set out in the Government’s amendment. This envisages that an appropriate Oireachtas committee will meet both the Governor and the independent experts at the outset of their work to be briefed on the priorities of the Oireachtas for investigation; the two preliminary reports, when completed, will be laid before the Houses of the Oireachtas and the appropriate Oireachtas committee will be invited to consider the findings of the reports; the terms of reference and draft Govern- ment order to establish the statutory commission of investigation will be laid before the Oireachtas; and the report of the commission of investigation, when completed, will be laid before the Oireachtas for further consideration and action. It will be open to the committee to hold public hearings on the report. I refer to the social context of the financial crisis referred to in the Government amendment. In debates about responsibility for the present state of the country, there is constant and repeated reference to the triad of bankers, developers and politicians. Books published by columnists in the broadsheets, who are also, in many cases, broadcasters, excoriate poor decision-making and regulation and cronyism — real and alleged. There is rarely any reference to the relentless hype in property supplements, which fuelled what has been described elsewhere as “irrational exuberance”, which was the cause of many of our present problems and 83 Banking Crisis: 19 January 2010. Motion

[Deputy Martin Mansergh.] which, in the prevailing climate, would be difficult enough to contain or control. It has been alleged that published guide prices were often very wide of the mark, auction results were not always faithfully reported, and headline prices could be manipulated by under-the-counter payments. As a person said to me yesterday in another context, the media drive issues and they are not just passive reflectors. We all recall the campaign to abolish stamp duty in the autumn of 2006, running into 2007, intended to save and prolong the property boom. Was this just sincere concern for hard-pressed home buyers or was it dictated in part by commercial self-interest? There is much discretion about the parallel collapse of revenues and the sharp economies that news organs have experienced and have had to make. Was, taken as a whole, the Fourth Estate more provident than others, or did it, just like others, and indeed the State itself, become badly overextended? Were the property pages, at least for a time, an integral part of the forces driving the bubble? Without overstating its significance relative to other bigger factors, it would be good if this were examined, if any holistic explanations were sought and lessons learned, and if improved safeguards were provided for the future. The preliminary reviews and the commission of investigation and their appropriate consideration by the Oireachtas, together with ongoing Garda and ODCE investigations, will form a comprehensive framework of investigation into the recent crisis in the banking sector. This will allow the Government to assess how lessons can be learned to inform our future management of the sector, both in regard to institutions and their management and direction and in regard to the management of risks and stability issues within the regulatory and governmental systems.

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I support the amendment. The debate arises from a public demand to find out what went wrong with our banking system and who is responsible for it. The people want to ensure this does not happen again and to restore our reputation on the international financial markets in a way that does not prejudice ongoing criminal investigations. People have lost their savings and pensions. Businesses in my constituency cannot obtain finance from banks because the banks cannot access credit following the wipe-out of their capital as a result of unwise decisions. People are demanding answers to these questions. Everyone in the House agrees on the central objectives of an inquiry but we disagree on how we go about doing this. The Government wants to do this efficiently, effectively and in a way that works and we disagree fundamentally with the Opposition on this. The proposals of Fine Gael and the Labour Party, although they seek to achieve the same objective 8o’clock as the Government, cannot do so. We want an inquiry that will compel those who have information and who have difficult questions to answer to come before it and to be held to account. We want them to be subject to rigorous cross-examination. We want an inquiry that can make findings of fact and culpability about people who were centrally involved in the financial collapse of the country. Unfortunately, the Fine Gael and Labour Party proposals would not allow us to do that. The Government shares their desire to meet the public demand for culpability and accountability but the only way in which we will achieve that is through the Government’s three-pronged proposal to find out the questions that need to be answered, to identify the people who can answer them and then to use legislation, which the House passed, to allow an inquiry to take place where this information can be ascertained, witnesses brought forward, tough questions answered and a report made public. That is a tried and tested method. We witnessed it recently in the inquiry into the Dublin archdiocese. Nobody has questioned whether that was a cost effective, efficient inquiry that got to the heart of the matter, and there is no suggestion that the Government’s proposal would 84 Banking Crisis: 19 January 2010. Motion do otherwise. Unfortunately, many Deputies and members of the public are confused by a blood lust to hold an inquiry in the Dáil, which would replicate a tribunal of inquiry, discredited as such inquiries are. The Government wants to put before the House the report of the commission of investigation with its findings of fact and culpability in order that the House can have its own day. The people involved can be brought in on the basis of findings and allegations made against them in the report about them not doing their job or opening credit lines they should not have or making bad and imprudent credit decisions. The Government’s proposal will provide for such a report and, armed with this, the Joint Committee on Finance and the Public Service will be able to do what the people want, which is find out who is responsible, how we got to this point and how we can avoid arriving at this point again while, at the same time, ensuring people who broke the law and engaged in malpractice and misconduct and who should be brought before the courts can be still brought before them. The only way to achieve the objectives we all share in the House is through the Government’s proposal. Deputy Burton sought a bipartisan approach to this affair but, unfortunately, the Deputy and the Labour Party had made up their minds that there was a toxic triangle between the banks, my party and developers, an allegation I reject. If they seek to have a bipartisan inquiry in the House having come to such a conclusion, it will go nowhere.

Deputy Mattie McGrath: I also support the amendment and I am delighted to have the opportunity to contribute to the debate on this most topical issue, which is affecting every man, woman and child and which will affect future generations. We must get answers on the failures visited upon our people. There was a monumental failure on the part of our banking services and I must condemn our regulation services which failed miserably to regulate and honour the jobs and positions they had. As a public representative I believe the citizens of Ireland are entitled to know what happened, how it went wrong and what mistakes we made. More importantly, we must try to learn from those mistakes and, together, lift our country out of the deep mire it is in at present. We all know that not a red cent is available to any citizen whether for business, ordinary families, farming or anybody with a new idea to get the country off its knees and up and running. We hear pious platitudes from our bankers that credit is available for mortgages, to build new houses and to kick-start the building industry and business. However, we know the reality is that not a cent is available. We must accept that the banks do not have it. Until we sort out those issues and get proper answers I will not call for anybody to be indicted without fair and due process. I support the procedures laid down by the Government to hold these inquiries and to do so in public where possible. It is imperative that the public sees what is going on and it is looking to us to bring these people to account, whether they be regulators, bankers or politicians who allowed the situation to continue and got us into the mess in which we are. It is vital for the future of the country that we have this investigation and that it is carried out speedily and effectively with the right people and expertise brought in to do so. We must then bring it back to the Oireachtas committees, as we have done in the past. We are dealing with a much greater challenge than any Oireachtas committee has had to deal with but it should return for debate to the floor of this Chamber. Let whomever feels the cap fits wear it, whether banker, regulator or politician. We have to send out the message to our European partners, our international lenders and those with whom we transact business on a daily basis that Ireland does not have a kangaroo system but that it is a democracy with an effective and working banking system and thriving economy. To do so we must learn from our mistakes and put a new roadmap in place to chart out a course and go forward and, with the help of our people, lift our economy back to where we would all like to be, not to the mad years of the Celtic tiger but to a decent day’s pay for every man or woman 85 Banking Crisis: 19 January 2010. Motion

[Deputy Mattie McGrath.] who wants to work for a day’s wages and not the crazy figures to which some people felt they were entitled and achieved. I lend my support to this inquiry and I hope it will be constructive, that there will be no witch hunts but that there will also be no hiding place for any man or woman who in the end- game is found to be guilty of any wrongdoing. However, it must take place after due process is carried out.

Deputy Niall Blaney: I support the Government’s amendment to the motion before the House. Over the past 18 months, there has been much debate in the House on the stability of our economy and banking. It is with satisfaction that I discuss the matter again today as our economy is stabilising and our banking system is also showing signs of doing so. There have been many ups and downs during the past year or two and on many occasions we faced a crisis. Each time, the Government stepped up to the mark and provided the leadership required to inject stability into the economy. It is necessary to state that we provided the leadership to do so. The ordinary people have made many sacrifices to ensure we get back on our feet. There has been much discussion in our recent past about our resilience as a nation and the concept of the Irish meitheal. As a nation, our meitheal has been thoroughly tested in recent times. It is against these tests that we show our true ability. It is only when we work together that we can show optimum ability as a nation and it is with that mindset that we must move forward. The banking system has let us down. People did wrong and the system failed us. There is nobody in the country who does not want to see those responsible facing justice. There is no justification for debate on that issue. However, how it is investigated is certainly a matter of opinion and of those there are many. Unfortunately, in recent months there has been much fanfare on the Opposition benches about how we will bring the country to economic recovery. I firmly believe in efficient Opposition and constructive criticism. It is time the Labour Party got real about what the country faces and offers real alternatives or gets behind the leadership being provided by the Government. The Government is responsible for the bank guarantee scheme against much criticism from the Labour Party. Other countries copied our technique as they appreciated the advantages of such a scheme. The Government was responsible for nationalising Anglo Irish Bank, not in an effort to save bankers but in an effort to save the bank itself and, more importantly, its depositors and shareholders. These are real people whose interests we must protect. I must also point out that it was under this Government that the Garda inquiry into the dealings in Anglo Irish Bank came about. The recapitalisation of Allied Irish Bank and Bank of Ireland followed. Again this was to bail out depositors and those seeking credit and not the bankers, as has been claimed by some. We are not in the business of bailing out bankers; we want to get the country back on its feet and that is our common purpose. Clearly, the aim of the Labour Party is to destroy Ireland’s banking reputation and only then it may have a chance of electoral success and a return to Government. Only a fool could not see that the Labour Party’s position throughout the banking crisis has been one of political point scoring with a view to enhancing its electoral success but with no regard to the current difficulties of depositors and banks. It does not have an ounce of consideration for the recovery of the economy. The Government was responsible for the establishment of NAMA and we have been heavily criticised for that. However, I firmly believe it was the only show on the road. I look forward to credit being freed up by the banks in the near future when they are restructured. 86 Banking Crisis: 19 January 2010. Motion

I could spend all my speaking time discussing the various suggestions made by the Opposition for stabilising our economy. However, I am not interested in rehearsing what has already been debated in depth in the House. Suffice it to say the Labour Party has been caught up in the business of opposing anything proposed by the Government. However, time will prove that the correct measures have been taken and the roots of stability are already showing. We are too familiar with inquiries and tribunals and their benefits and lack thereof. It is vital that an inquiry of sorts is launched into the failures of our banking system. However, we must be acutely aware of issues such as time and cost. How we go about this is the crux of the debate before us. The proposal by the Minister for Finance, Deputy Lenihan, is sensible and measured. The Labour Party spokesperson on finance is more keen on trial by the Labour Party and letting the banks fix themselves, which has resulted in the position of the Labour Party which I already outlined. Let us not forget that the banks need help to recover as much as we need inquiries. It is our job as legislators and Government to provide real solutions and that is what we have been doing in the recent past. We will continue to do so even though it may not please the Labour Party or be in its political or electoral interests.

Deputy Kieran O’Donnell: I wish to share time with Deputies Lee and McHugh.

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

Deputy Kieran O’Donnell: I thank the Labour Party for tabling the motion. As a party, Fine Gael feels very strongly that there is a need for a public inquiry to be carried out by the Oireachtas. We were elected by the people to represent them. To restore confidence to the banking system and to bring credibility to this inquiry, it must be held in public and under the direction of an Oireachtas committee. This is critical because it will be open, transparent and show proper accountability. The Government has brought forward a counter motion to the Labour Party motion. I listened with interest to the Ministers of State, Deputies Power and Mansergh, who spoke about how this would work. The Government is spinning that this is a public inquiry, but is like a wedding without the bride because it is completely outside the terms of reference of the Labour Party motion. The Government motion refers to bringing forward two reports from the Gov- ernor of the Central Bank. It is inappropriate to have a newly appointed Governor — an excellent man of great calibre — carrying out an investigation into an organisation that he has just taken over. The motion only deals with the Financial Regulator and the running of the Central Bank, and there is no reference to Government policy. The Government motion also refers to carrying out an independent review, but once again it only looks at Ireland’s banking set up until September 2008. The Government has not clarified whether this means up to 31 August, in which case its guarantee scheme from 29 September 2008 is omitted, as is the appearance at the Joint Committee on Economic and Regulatory Affairs on 14 October of Mr. Patrick Neary, the former chief executive of the Financial Regu- lator. At this committee he stated “I believe that all banks are solvent.” However, Anglo Irish Bank was nationalised a short time later. These issues would not come under the terms of the Government inquiry. The Government motion refers to appearances before the Oireachtas committee before and after the reports are completed. It also states that the terms of reference and a draft Govern- ment order establishing a statutory commission of investigation will follow the two reports. Those terms of reference would appear to be at the sole discretion of the Government. It is not allowing the Oireachtas committee to determine the terms of reference. The motion seems to infer that the Oireachtas committee will meet and brief the Governor and the independent expert at the outset on the priorities of the Oireachtas for the investigation. The two prelimi- 87 Banking Crisis: 19 January 2010. Motion

[Deputy Kieran O’Donnell.] nary reports will be laid before the House and the Oireachtas will be invited to consider to findings of the report. However, those reports will be determined ultimately by the terms of reference laid down by the Government. The people want a public inquiry. The Government has nothing to hide and nothing to worry about. We in Fine Gael wish to have cross-party co-operation on this. The Opposition leaders can meet the Taoiseach and come up with the proper terms of reference for an Oireachtas committee. A scoping exercise can be carried out prior to any formal work done by the committee. The Governor of the Central Bank made a clear recommendation and the Minister for Finance went to much time and trouble to ensure that he got the best possible appointment. We all agree that Professor Honohan is an excellent appointee, yet the Government has tried to water down his first recommendation. He stated that there should be a complete inquiry, but this is a fudge and a whitewash. It is like water flowing through four or five funnels, with the result being that there is no water at the end. The Government is trying to ensure that we do not have an open and transparent inquiry. The public is entitled to nothing less. The Minister for Communications, Energy and Natural Resources tried to represent this as a public inquiry. The Green Party Members have been shouting from the rooftops over the past three or four days that they would accept nothing less than a public inquiry. They are either not on top of their game or they are rolling over, but this is certainly not a public inquiry. We must look at the key issues, such as banking regulation. Professor Honohan stated at the Joint Committee on Economic and Regulatory Affairs in December that one of the key reasons for the failure of the banking system was lack of regulation. We also need to look at Govern- ment policy. We need to look at the legislation that was brought in and why it was enacted. The Financial Regulator only functions according to the legislation that is implemented. We must have an open system to find out why the bulk of the banking system may soon be nationalised. Why did we get to a position where the loan book of a major bank doubled between 2005 and 2007? Why are we in a position where young couples have 100% mortgages that they could not afford? The Labour Party has brought forward a Private Members’ Bill on compellability. We support it in principle, but we feel that it is possible to set up a committee without any further legislation to deal with Government regulations and policy on the banking system. I hope that when the Minister speaks tomorrow night, he will promise to take the views of the Opposition on board, we will have a public inquiry in the Oireachtas so that the people can regain trust and that we might have confidence restored in the banking system.

Deputy George Lee: In his speech, the Minister of State, Deputy Mansergh spoke about the need to examine and learn from recent event in the banking sector. He was absolutely right and nobody would disagree with him. However, the difficulty is that while we need to learn, we must recognise that learning about what happened is a necessary condition for fixing the banking system, but it will never be a sufficient condition. The core of the collapse in prosperity has been a collapse in trust. In addressing the banking problem, we do not just need to learn what went wrong; we also need to work very hard to re-establish trust. The collapse in trust has led to the collapse in prosperity. The collapse in trust caused banks not to lend to each other, wiped out the share values of those banks and caused all sorts of difficulties in obtaining working capital for businesses, resulting in a loss of jobs. That is the real difficulty with recreating prosperity. We should learn what went wrong, but we should not pretend for a second that this will be enough. It is incredible that the Government is suggesting we can re-establish public trust behind closed doors. It just cannot be done. 88 Banking Crisis: 19 January 2010. Motion

We are being asked to accept that the Central Bank will report on itself and expect that this will restore confidence. This simply cannot be true. The Central Bank itself has failed, although I do not mean to impugn Professor Honohan’s reputation in saying that. He was not involved in the Central Bank at the time. The bank failed and will now write a report on its own failure. From a public perspective, this is obscene. Members of the public who are picking up the tab for the failure of the banking system and the poor decisions that were made need to know the reason they are being asked to do so. It is crucial to have a well informed contribution to the new form of banking regulation which is being discussed. Members of the public need to have confidence in the regulation that will be put in place. Unless they see questions being asked in public, there will be a lack of belief in the new system of banking regulation. The problem is they cannot trust insiders on this matter. The inquiry, as proposed by the Government, will be about insiders and will be conducted by insiders for the benefit of insiders. That will not do. It is not acceptable to conduct the inquiry in secret when the consequences of the collapse have been so public. While a private commission may help us to establish some facts, it will not restore trust. I understand from international observations made by the OECD and others that the loss to taxpayers from the banking collapse could be as much as €24 billion. Ireland has only 1.8 million to 1.9 million people with jobs. Last year, the net loss of young people to emigration was of the order of 60,000. On the employment front, the cost to the public of having 420,000 people on the live register is enormous. The proposal to conduct this inquiry in private is breathtaking in its arrogance. The Central Bank, Financial Regulator and Government told us everything would be all right when things were not all right. We are not trying to find out what went wrong. We know the effect of what went wrong. Unemployment, damage, hurt and lost prosperity are in everybody’s face. This is the reason we need this inquiry. The difficulty we have is that the commission will produce a report which will present a fait accompli to the public. We do not know for sure that it will ask witnesses the questions we would like it to ask. For this reason, it will be difficult to accept it. In terms of believing the Government has the correct approach one only has to consider the issue of fallibility. In 2004, the current Taoiseach and then Minister for Finance, Deputy Cowen, outlined his view of the world in the context of his budget. He stated he hoped ordinary taxpayers would recognise the firm resolve of the Government to secure their welfare now and for the future, adding that the “country and its future are in safe hands with this Government.” This statement turned out to be waffle. The following year, the then Minister for Finance stated the Government would not put at risk the prosperity achieved by the Irish people, adding that prosperity could be a great gift that this generation would give to the next generation. This, too, turned out to be guff. In 2006, the current Taoiseach and then Minister for Finance, Deputy Cowen, stated that the country’s success had been brought about by the hard work of our people — that part was true — in response to the policies of the Government. If he believes that, then the Govern- ment’s policies are the cause of what occurred and the public needs to see the matter thrashed out in public. The hard work, which is key to prosperity, was done by people. They want answers and need to see them given in public. In December 2007, while the credit crisis was well in flow, the current Taoiseach and then Minister for Finance, Deputy Cowen, stated that the fundamentals of the economy were still good, adding that rather than adopting “a conservative, cautious stance, I believe we must respond to the challenge by taking determined action and pushing ahead with renewed vigour”. The Government is extraordinarily fallible and members of the public do not have confidence 89 Banking Crisis: 19 January 2010. Motion

[Deputy George Lee.] in or trust it. If one examines its record in terms of everything it has done and said, there is good reason for this lack of public confidence and trust. This also applies to the Central Bank. The bank produces a financial stability report each year. In November 2006, only months before the outbreak of the credit crisis, it stated that house price increases “may be easing somewhat” and that if these signs were to continue into 2007, the vulnerability posed by house prices would be reduced somewhat. This statement was rubbish. The following year the Central Bank stated that the central expectation was that the shock absorption capacity of the banks left them well placed to withstand the pressures from any adverse economic and sectoral developments. This was drivel. The bank stated further that the health of the banking system remained robust. Its analysis described as benign the changes in the workings of the banking system and the fact that it was importing money. We cannot have the Central Bank investigate itself. No one has any trust in the proposal. While the Government and Central Bank did not set out to make mistakes and wanted to do the job correctly, that they got it so wrong is the reason it is so important to have an independent report. It is impossible to support a proposal to have the people who got it wrong report on how they got it wrong. No one has confidence in the proposal. Members of the public are in shock and sick of being spoken down to by people behind closed doors. The Government proposal in its amendment to the Labour Party’s Private Members’ motion is to do just this. It is not sufficient and the public deserves much better. Trust is lacking and the Government, by failing to live up to its responsibility, has shown it cannot be trusted. If the report is not debated in full in public, it will be an enormous error and a huge let down for the public.

Deputy Joe McHugh: I thank the Labour Party for tabling the motion. This debate offers the Government an opportunity to see sense. A committee of inquiry operating in an open and transparent manner would be a means of confirming and acknowledging what is being said in public. Most people seeking justice with only a small number seeking blood. This proposal is an opportunity to have the House fulfil its democratic role and avail of the expertise required to find out what went wrong, when it went wrong and why, before making informed decisions. By tabling the amendment, the Government is refusing to afford members of the public a democratic opportunity to allow government to govern. Unfortunately, the Government made bad decisions and propagated and introduced light touch regulation. Now, however, it is preventing an opportunity to allow parliamentary democracy operate in an open and transparent manner. The key issue is the absence of control over bankers and the banking institutions. We had a free-for-all caused by the displacement of good people from the banking system. In the 1980s senior banking personnel and managers knew how to bank and did not lend money willy-nilly. Systems and checks were in place and the good people running bank branches knew whether people could afford mortgages. These managers were replaced with others who had a sales philosophy and wanted to lend money regardless of whether borrowers could afford it. A generation of people are going to bed at night with the fear that they will not be in a position to pay back their mortgages. The reason the Minister of State is not hearing about this is that it is a silent fear. That is where the danger lies. We had an opportunity to seek out the expertise of those who were displaced, namely, retired bank managers and other banking personnel. An open and transparent committee of inquiry could have tapped into their expertise and asked them to explain the reason they did not lend 90 Adoption 19 January 2010. Services in a free-for-all fashion in the 1980s, what systems they had in place and what pressures they came under to change the philosophy of banking. What new systems were established as a result of the light touch regulation introduced by the Government? The Minister of State, Deputy Mansergh, enjoys a good reputation as a historian, while my background is in teaching. What banking expertise do Members have? In the Fine Gael parliamentary party Deputy Terence Flanagan worked in a bank. Politicians cannot control bankers until we start to regulate them. The only way we can regulate is to know how banking works. However, because we do not know how the system works, the bankers are having a laugh and waiting for the National Asset Management Agency to acquire large parts of their books. The silent mortgage holders and those who are not in a position to pay back their loans will not receive assistance or resources. The bankers will still be in control and a laissez-faire atti- tude will once again prevail.

Debate adjourned.

Adjournment Debate.

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Adoption Services. Deputy Alan Shatter: The Government should publicly apologise for the indefensible and incompetent manner in which it has dealt with the issue of Vietnamese adoptions. It has neither acted in the best interests of children nor in the interests of prospective Irish adopters. The Minister of State with responsibility for children has serious questions to answer. For five years there was a bilateral adoption agreement between Ireland and Vietnam. By 31 December 2008, 636 adoptions effected in Vietnam by Irish adopters had been recognised by the Adoption Board. At the start of 2009 there were an estimated 330 prospective adopters declared suitable to adopt by our Adoption Board who expected to adopt in Vietnam and who were assessed for adoption on the assumption that they would do so. For five years it was known that the bilateral agreement would terminate by 1 May 2009. However, the Government gave no warning or notice to the hundreds of people under adoption assessment by the HSE who intended to adopt in Vietnam that, following their obtaining a declaration of eligibility and suitability to adoption from our Adoption Board, this State would create any difficulty in their completing such adoptions. The expired bilateral agreement contained provision for the establishment of a review group composed of Irish and Vietnamese officials to monitor the workings of the bilateral agreement and the adoption process in Vietnam involving Irish adoption applicants. During the five years of the agreement’s operation no report was ever published by this group warning of any difficulties. It is clear that up to March 2009 the Government intended to put in place a new bilateral agreement with Vietnam. The Minister of State with responsibility for children informed this House that at the beginning of March a new proposed draft agreement was forwarded by the Government to the Vietnamese authorities. Vietnam received the new draft agreement approximately seven weeks before the expiration of the original agreement and at that stage it was understood that the main difficulty related to the short period of time available to put in place a new agreement before 1 May 2009. It was only in August 2009 that the Minister made known the fact that, as a result of two international reports on Vietnamese adoptions, one of which was a draft report prepared by International Social Services, questions were being asked about the probity of the Vietnamese adoption process. It took six months 91 Adoption 19 January 2010. Services

[Deputy Alan Shatter.] from the receipt by the Minister of State of the draft ISS report to announce a Government decision not to enter into any further bilateral agreement on adoption with Vietnam. The Minister of State with responsibility for children should publicly answer the following questions. In his statement issued last Thursday, 14 January, he stated: “When any Government enters into a bilateral International Adoption Agreement, there is an expectation that the Government has satisfied itself that current policies and practices in the country of origin are robust.” What steps did the Government take to so be satisfied prior to entering into the bilateral adoption agreement which expired on 1 May 2009 and prior to furnishing to Vietnam a new proposed draft bilateral agreement in March 2009? During the currency of the expired bilateral agreement, what action, if any, was taken by representatives of this State appointed to the Ireland-Vietnam review group to ensure that Vietnamese adoption practices met appropriate standards and what reports, if any, on this issue were made to the Minister of State with responsibility for children or his predecessors? Why has the Minister of State with responsibility for children refused to publish full details of meetings held by the review group and the reports, if any, furnished by it to him and the Department for Health and Children and why has the Department refused to make available relevant information and documentation when sought by me under the Freedom of Information Act? The Minister is only now critical of the link between the provision of humanitarian aid in conjunction with adoption services by an adoption agency licensed by this State to assist Irish applicants in effecting Vietnamese adoptions. Why is this the case when the expired bilateral agreement, under which the agency operated, expressly envisaged the provision of such humanitarian aid and rendered it impossible for Irish applicants to effect Vietnamese adoptions without making a specific humanitarian aid payment? What consideration, if any, was given by the review group during the lifetime of the expired agreement to any difficulties arising as a consequence of the link between humanitarian aid and adoption services? Why did the Minister for Children give assurances to 20 couples at an advanced stage in the Vietnamese adoption process after 1 May 2009 that satisfactory arrangements would be made to facilitate them completing Vietnamese adoptions and why have no such arrangements been made? As a result of publication of the ISS report, has Vietnam refused to continue negotiations on the conclusion of a new bilateral agreement with this State or has the Government simply decided to suspend indefinitely negotiations on a new agreement? What consideration, if any, did the Government give to negotiating a new agreement incorporating provisions to address any concerns resulting from the ISS report and the creation of structures to properly and transparently monitor the workings of such agreement?

Acting Chairman (Deputy Brian O’Shea): Deputy Shatter should conclude.

Deputy Alan Shatter: There is nothing to prevent the Minister negotiating and completing an agreement with the Vietnamese that is compliant with the Hague Convention on intercountry adoption. France, Spain, Italy and Canada, who have all ratified the Hague Convention, are continuing to facilitate adoptions from Vietnam and to ensure the necessary standards to protect the welfare of children are properly applied. As a consequence of the incompetent manner in which the Government has dealt with this sensitive issue, hundreds of Irish adoption applicants are now left in limbo and hundreds of children for whom adoption would provide a better life may remain in orphanages.

Acting Chairman: Deputy Shatter has gone far over time.

92 Adoption 19 January 2010. Services

Deputy Alan Shatter: I will conclude with two more sentences. Substantial HSE social work resources have been wasted in the assessment of adoption applicants with a focus solely on Vietnamese adoptions instead of a focus on foreign adoption generally. Many of those left in limbo are now confronted with the prospect of their declarations of suitability and eligibility expiring and will have to apply to the Adoption Board for extensions and, in some cases, to the HSE for updated assessments. Adopters are entitled to answers from the Minister of State.

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I thank the Deputy for raising this issue and affording me the opportunity to update the House on this matter. The Adoption Bill 2009, which will give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, is continuing its progress through the Oireachtas and the debate on Second Stage is scheduled to resume on Thursday. A core principle of the Hague Convention, which represents the international standard for adoption, is that intercountry adoption should be child centred. The child’s interests must be paramount throughout the adoption process. The legislation and specifically the regime of the Hague Convention is designed to provide an assurance for individual children, their families and the State, that appropriate procedures have been followed and that adoptions are effected in the best interests of the child. As such, it is our intention that all intercountry adoptions must meet the standards of the Hague Convention. Against this background, and after serious deliberation, the Government decided on 13 January to suspend indefinitely negotiations on a new bilateral intercountry adoption agreement with the Socialist Republic of Vietnam. As a result of this decision, all intercountry adoptions from Vietnam will be suspended until such time as the Adoption Bill 2009 has been enacted and both Ireland and Vietnam have ratified the provisions of the Hague Convention. Having met with many individuals and representative groups throughout this process, I am fully aware of the great disappointment this decision has caused and will cause for those hoping to adopt from Vietnam. It is important to reiterate that this decision was not taken lightly and was based on information brought into the public domain by the Vietnamese Government in the first instance and subsequently by UNICEF with the co-operation of the Vietnamese Government. Serious questions regarding adoption practices in Vietnam were raised in these two recent reports. Such information cannot be ignored and the Government was obliged to act on foot of this information. Of greatest concern is the question of whether the child is adoptable. The issues of consent and the exchange of fees were also raised. Where questions on these fundamental issues remain, it would be remiss of the Government to allow adoptions from Vietnam to continue. The Government has committed to providing technical assistance to the Vietnamese authorities in the area of child welfare and protection to help prepare the way for ratification of the Hague Convention should the Vietnamese wish to avail of such an offer. Based on my discussions with the Vietnamese authorities, I am confident that Vietnam will ratify the Hague Convention in the near future, at which time I would hope and expect adoptions to resume. To state as Deputy Shatter has that the Government gave no warning to those hoping to adopt from Vietnam that a new bilateral agreement might not be put in place is not just wrong, it is most disingenuous. On several occasions in recent months in both Houses, I stated that real concerns had been raised in the context of intercountry adoption from Vietnam and these would have to be addressed before a new agreement could be entered into. When I shared a television studio with Deputy Shatter last October, I clearly explained the difficulties in putting in place a new bilateral agreement and said that there could be no certainty about the successful conclusion of the process. 93 Road 19 January 2010. Network

[Deputy Barry Andrews.]

Deputy Shatter contends that the Government was dilatory in dealing with the UNICEF ISS report. He claims the report was received last August and that it took the Government six months to act on it. I remind the Deputy that the report was finalised in late November. I said last October that I would await the finalisation of the report before making a recommendation to the Government. I did not think it was correct to make a decision on the basis of a draft report that could not be made available to the adoption community. The timeframe for the publication of the report was beyond the control of the Government. The time that elapsed between the circulation of the draft report and the publication of the final report is a matter for the ISS. To my mind, it involved dialogue with the Vietnamese Government and the embassies based on the ground in Hanoi. Following the Government decision, I met representative groups last week to update them on the situation. I shared with them the contents of my statement prior to its circulation to the media. The Adoption Board has agreed arrangements for people who had hoped to adopt from Vietnam. All couples or individuals who possess a declaration of eligibility and suitability for Vietnam may select a new country from which to adopt, subject to submitting the usual change of country report to the Adoption Board. They may also retain their current place on the helping hands list for Vietnam, which is being maintained. In the event of Vietnam reopening, those on the Vietnamese waiting list whose declarations have not been used in the meantime to effect an adoption in another country will be in a position to proceed without delay, having regard to their position on the Vietnamese list. All couples or individuals who have a declaration of eligibility and suitability for Vietnam but have sought to change in recent months will be in a position to avail of the foregoing arrangements. At all stages of the process, which has caused great anxiety and ultimately disappointment for couples or individuals hoping to adopt from Vietnam, I have consulted the adoption community and informed them of my actions. I have no difficulty in standing before this House and accounting in full for the decisions I have made. I suggest that Deputies on all sides should continue to have regard to the sensitivity of the matter at hand and respect the position of children who have been adopted into this country from Vietnam in recent years. We all have a responsibility to these children. The status of their adoptions is not in question. The adoptions have gone through a lengthy legal process and have been entered into the register of foreign adoptions. The Government must do its best to ensure that the interests of any child being adopted by Irish citizens are promoted and protected. Deputy Shatter mentioned that 20 adoptions were at an advanced stage when negotiations were suspended. It continues to be the position of the Government that it will try to facilitate the finalisation of such adoptions, subject to the serious legal difficulties that apply.

Road Network. Deputy Pat Breen: I thank the Ceann Comhairle for giving me an opportunity to raise this important issue tonight. I am extremely disappointed that neither the Minister for the Environment, Heritage and Local Government nor the Minister for Transport is present to respond to this Adjournment matter, which has been raised by five Deputies. I am angry because the Ministers have not taken the time to come to the House to speak about an issue that is affecting every county. Given that they were not here during the freeze itself, perhaps I should not expect them to be here tonight. This has been one of the harshest winters of the past 50 years. We have had frost and snow in County Clare since 22 December last. I suppose it was not until the bad weather hit the city of Dublin that the Government decided to take some action. We did not have the leadership needed to deal with the crisis, unfortunately. We had no Taoiseach and no Tánaiste. The only 94 Road 19 January 2010. Network response was from the Minister, Deputy O’Dea. When he was asked why the Army was not being called in, he said it had not been asked to come in. The Minister, Deputy Gormley, blamed everybody other than the Government for the crisis. In the absence of leadership from the Government, local communities and local authorities stepped up to the plate to assist elderly people and grit neighbourhood roads. I commend and compliment Clare County Council, which did a great job in keeping the main arteries open, despite its limited resources. The problems caused by the big freeze were compounded when the thaw set in and the state of the roads became apparent. Motorists have to contend with huge potholes as they go about their daily business. Having driven on the roads of County Clare over recent days, I am familiar with the problems on the R465 between Limerick and Broadford, for example. Roads like the N68 are badly afflicted with potholes. I remind the Minister of State, Deputy Barry Andrews that the county councils do not have the money to deal with this situation. Road maintenance grants have been slashed by 10%. Like the other Deputies who are about to contribute to this debate, I want funding to be provided in my local area so that the roads which are in an atrocious condition can be repaired. This is a road safety matter, in so far as lives will be saved if action is taken.

Deputy Joe Carey: I express my gratitude to those who helped to keep roads open throughout the crisis in County Clare. I refer to Mr. Tom Tiernan, who is the senior engineer in Clare County Council, his engineering staff, the outdoor staff and those who drove the gritting trucks. I pay tribute to the voluntary efforts of communities throughout County Clare. Many people played their part and put their shoulder to the wheel. Such leadership and involvement was sadly lacking from the Government, however. When the Minister, Deputy Gormley, eventually commented on the issue, he practically laughed at people. The reality is that road maintenance grants were cut by 10% in last month’s budget. Those cuts followed the €7 million cut that Clare County Council experienced in 2009. The council simply does not have the money to return the county’s roads to the required and proper standard. I have listened to the statements made by the Minister, Deputy Gormley, and his colleague, the Minister for Transport. It is unacceptable that they have said they will not fund local authorities. Money will have to be forthcoming. The Ministers cannot pretend that this did not happen. Roads are being left in a very dangerous condition. I travelled on many roads in County Clare over the weekend. The road from Ennistymon to Kilfenora is falling apart. The road from Broadford to Limerick is in a terrible condition, as is the road between Sixmilebridge and Newmarket-on-Fergus and other roads in the Clarecastle, Mountshannon and Whitegate districts. This is a road safety issue. I was encouraged by the reply to a parliamentary question that I received today, in which the Minister said he is looking for an audit of roads from local authorities. I ask the Government to come up with the goods if such an audit is presented. This is a road safety issue.

Deputy Andrew Doyle: Wicklow County Council has been given €850,000 to maintain its roads in 2010. With three weeks gone in the year and 49 weeks to go, I estimate that between €500,000 and €600,000 of that annual fund has been spent already. One of today’s newspapers reported that approximately €150 million — I imagine that was an educated guess — is needed to repair the damage done to this country’s roads in recent times. That equates to an average of approximately €4 million for each affected local authority. It is encouraging that the Minister of State from the capital city is present in the Chamber. It seems that his senior colleague, the Minister for the Environment, Heritage and Local Government, who represents a neighbouring constituency, did not take this crisis seriously until it started to affect the city. As my colleagues have said, road infrastructure is the key to road safety. It is also the key to attracting investment, business and tourism. It is right that the road from the hotel in Glendalough to the upper lake 95 Road 19 January 2010. Network

[Deputy Andrew Doyle.] car park was repaired last Sunday to make the road passable. However, another section of road not too far away, which is used for access by a milk lorry, was not repaired. If something positive is to come out of all of this, it is that local employment will have to be created as money is spent locally to repair our roads. If this is not addressed, we will have no road infrastructure in 12 months’ time.

Deputy Paul Kehoe: Like Deputy Breen, I am disappointed that neither the Minister for Transport, the Minister for the Environment, Heritage and Local Government, nor one of the Ministers of State at those Departments, has had the courtesy to come here this evening to address this matter.

Deputy Joe Carey: Hear, hear.

Deputy Paul Kehoe: I seek an emergency aid package for County Wexford to address the disastrous state of the county’s roads. Since 17 December, heavy frost, snow and flooding have left our roads in a dangerous condition. I call on the Ministers for Transport and the Envir- onment, Heritage and Local Government to provide the director of services in Wexford County Council with the funds needed to address this serious problem. I commend the council’s staff on the excellent work they have done over the past several weeks. They are working within the funding constraints imposed by this Government. It is an indictment of the Government that their budgets have already been drastically cut. The first act taken by the rainbow Government in 1994 was to make a significant investment in county roads. I call on the Minister for Transport to take a similar initiative.

Deputy Billy Timmins: I do not expect the Minister for Transport to be in the country every day of the year because he is entitled to his holidays. However, no command and control systems were in place to provide leadership in the aftermath of the weather crisis. I drove into Dublin on the Wednesday night of the snowfall and encountered complete chaos. I did not see a single figure of authority on the roads. Emergency planning was non-existent. I recognise that it will be difficult to provide additional funding but it is important that the Minister determine the extent of the damage at the earliest opportunity. I regret that he decided to transfer responsibility for funding non-national roads to the NRA. I advise him to drive through parts of Wicklow, north Carlow, such as Clonmore, Hacketstown, Aughavanna and Deputy Doyle’s country around Glendalough. Unless he sees the devastation for himself, he will not understand the extent of the problem. I do not know whether additional funding can be obtained from the EU but this issue needs to be addressed urgently because our roads were in a better condition 50 years ago.

Deputy Barry Andrews: I thank the Deputies for raising this important matter. The Minister for Transport would like to express his sympathy to all who have been badly affected by the recent severe weather. Indeed, some parts of the country have been hit more than once by the impact of the earlier flooding and the recent severe cold weather. He also expresses his appreci- ation of the work done by the local authorities and the NRA and commends local authority frontline staff in particular on the exceptional work they did to deal with the impact of the recent extended period of severe weather. As well as the impact on the daily lives of citizens, there has been a serious impact on parts of the road network, as has become evident in recent days. Damage to road surfaces is an inevitable consequence of the type of weather we have had in recent times. Ireland has a uniquely extensive road network, with more than 96,000 km of road, or 2.5 times the EU 96 Pension 19 January 2010. Provisions average. The maintenance and improvement of this network places a substantial financial burden on local authorities and the Exchequer. Considerable resources have been spent in recent years on both the national and regional and local road networks. The first priority therefore has to be to safeguard this investment in so far as this is possible, taking account of the recent weather impacts and the current difficulties with the public finances. The response to recent events will have to carefully target the available resources to address the most urgently required repairs, taking account of key factors such as safety, the strategic importance of the individual road and traffic levels. The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of section 13 of the Roads Act 1993. Works on those roads are funded from local authorities’ own resources and supplemented by State road grants which are paid by the Department of Transport. The initial selection and prioritisation of works to be funded is also a matter for each local authority. When road grants for regional and local roads are allocated each year, the Department of Transport does not hold back a reserve allocation at central level to deal with weather contingencies because such an arrangement would mean a reduction across all local authorities in the road grant allocations to them at the beginning of each year. Rather, the allocation made to local authorities is inclusive of the weather risk factor. Local authorities are expressly advised that they should set aside contingency sums from their overall regional and local roads resources to finance necessary weather related works. Applications for additional funding to carry out remedial works to roads and bridges following bad weather and flooding can only be considered in exceptional circumstances. Earlier this year the Department of Transport asked those local authorities particularly affected by flooding to provide an assessment of the additional road costs incurred. Last week, the Department requested all local authorities to provide information on the likely additional costs of the recent severe weather over and above their normal winter maintenance expenditure and to identify the principal components of the additional costs. While the Department has received some information on the impact of the November flooding, the collection of information on the recent cold weather is still ongoing. It will take some time to establish costs as the damage is still becoming evident and is being quantified on a daily basis. However, the Minister has asked all local authorities to provide information as soon as possible to enable him to assess the full impact of the severe weather when deciding on the 2010 regional and local road grant allocations. In allocating those grants the Minister will prioritise expenditure to deal with damage caused by the recent exceptional weather. It is particularly important that local authorities carefully reassess their planned road programmes for 2010 in light of the impact of the recent bad weather on their road networks. The Minister asks them to prioritise necessary repairs to damage caused to roads by weather. The first priority has to be the protection of the existing road network and particularly the massive Exchequer investment of €5.6 billion since 1997. The National Roads Authority generally fully reimburses local authorities for their expenditure on winter maintenance on national primary and national secondary roads. The Minister is aware this expenditure has also increased substantially due to the bad weather. The NRA will also be reviewing its expenditure priorities for 2010 in the light of the damage caused to national roads.

Pension Provisions. Deputy Michael Creed: By nature of the matter under discussion, I will speak about correspondence between the Department of Social and Family Affairs and elderly people and pen- 97 Pension 19 January 2010. Provisions

[Deputy Michael Creed.] sioners. Major distress has been caused by correspondence sent in recent days to a significant number of elderly people which cites section 110(1) of the Social Welfare (Consolidation) Act 2005 as the basis for informing them that their pensions are being withdrawn and refunds of payments sought. In some cases, people are being notified that the payments for which they are awaiting approval are being withdrawn. The basis for this decision is that the people in question did not pay PRSI contributions before they reached the age of 66. However, the correspondence sneakily omits section 110(2), which states: “Notwithstanding subsection (1), the Minister may, where he or she is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.” I contend the individuals in question have been approved under section 110(2) of the Act and, having carried these applications across the threshold of eligibility by establishing that a farm or business partnership existed and that retrospective PRSI payments could be made, the Minister for Social and Family Affairs cannot now decide to retrospectively withdraw her discretionary approval to pay the pension. If a satisfactory response is not given to us tonight, we will raise the issue by every parliamentary device available to us to ensure the Government recognises the folly of the course it is attempting to follow.

Deputy Olwyn Enright: I support the points made by my colleague, Deputy Creed. I do not understand the rationale behind the Minister’s approach to this matter other than as a money- saving mechanism. The section of the legislation to which Deputy Creed referred makes clear this is a matter of ministerial responsibility. It is clearly the Minister who has made the decision to contact these people to indicate that their pension entitlement will be withdrawn. I questioned the Minister on this issue earlier today in the House and am disappointed she is not here to address it on the Adjournment. She told us that 87 people are currently affected by the change, but this number does not take account of the many more who will be affected when they reach the age of eligibility. The Minister has it entirely in her power to withdraw the notice sent out to the persons concerned. Her staff throughout the State made the relevant calculations on the applicants’ behalf and told them how much they would have to contribute in order to be eligible for the allowance. Some people have been making contributions and have now received 9o’clock a letter asking that they withdraw the moneys submitted. This is unfair and miserly. It makes little of the legitimate expectation of those involved in the commercial partnerships in question, as set out to them by departmental staff. That expectation was fulfilled by way of payment in the case of at least 87 of them. Like my colleague, I call on the Minister to act upon the power accorded to her under subsection 110(2) of the Social Welfare Consolidation Act 2005 to ensure those payments are made.

Deputy Jimmy Deenihan: The scheme in question was announced on 25 June 2008 by the Minister, Deputy Hanafin. She said at the time that it was “hugely important” for women who have over many years contributed greatly to family commercial partnerships and that it would “primarily benefit women who are approaching pension age but are not covered for a contributory pension”. The details of the scheme were published in social welfare booklet SW124. The booklet, which I and many of my colleagues have used in advising clients and constituents, makes no mention of the fact that the individual must have paid at least one contribution prior to turning 56 years of age. It is important to note that when a spouse is assessed by the Depart- ment and qualified to back pay PRSI for earlier years, the PRSI then collected includes, in the majority of cases, PRSI for years prior to the applicant’s 56th birthday. 98 Pension 19 January 2010. Provisions

In the letters sent out to applicants informing them that they will not qualify for the pension, the Department has, as Deputy Creed noted, only referred to subsections 110(1)(a) and 110(1)(b) of the Social Welfare Consolidation Act 2005. There is no reference to subsection 110(2) which states:

Notwithstanding subsection (1), the Minister may, where he or she is satisfied that in all the circumstances of the case it would be appropriate to do so, direct that subsection (1) shall not be applied in that case.

In other words, the Minister has the power to overturn this decision in respect of those persons who have made contributions. At the very least, those who have already been awarded a pension should retain that entitlement.

Deputy Barry Andrews: I am taking this Adjournment matter on behalf of the Minister for Social and Family Affairs. Spouses who are actively engaged in a commercial partnership, including the operation of a farm, as opposed to simply being the joint owners of a property, are treated as individual self-employed contributors and are thus liable to social insurance contributions. On foot of a programme for Government commitment, an information leaflet, entitled “Working with your spouse: how it affects your social welfare contributions and entitlements”,was developed between the Department of Social and Family Affairs and the Revenue Commissioners to set out the social welfare and tax implications of families co-working in a shared business. It was published on 25 June 2008. The leaflet clarifies that spouses who operate in a commercial partnership may be brought into the social insurance system, subject to certain criteria. In this way, both spouses incur a liability to pay self-employed PRSI and build up entitlement towards a contributory State pension and other social welfare benefits. Following the above campaign, more than 1,000 applications for commercial partnership status were received, of which 579 applications have been finalised, including 508 that were approved. Applications for pension or benefit are submitted and processed in the usual way. To qualify for a contributory State pension, several conditions must be satisfied. A person must have at least 260 paid social insurance contributions, with a yearly average of at least ten contributions paid or credited since entry into the social insurance scheme. Applicants must have entered into social insurance before attaining the age of 56 years. In addition, subsection 110(1) of the Social Welfare Consolidation Act 2005 provides that a self-employed contributor shall not be regarded as satisfying the qualifying conditions for a contributory State pension unless he or she has paid self-employment contributions in respect of at least one contribution year before attaining the pensionable age of 66 years and all self-employment contributions payable by him or her have been paid. The above condition in respect of one year’s paid self- employed contributions before reaching age 66 has been in existence since 5 April 1995. A State pension is a valuable benefit and it is important that the conditions applied ensure that those qualifying for payment have an adequate and sustained history of contributions to the social insurance fund over their working lives. Approximately 268 applications for a contributory State pension have been received under this scheme. Following a review of these pension claims, it was discovered that several individuals who had been in receipt of a pension did not satisfy the condition whereby they were required to have paid at least one year’s self- employment contributions before reaching age 66. As they did not satisfy this condition, they have been notified that their claims have been disallowed from the date of pension award. To date, 97 claims for contributory State pension which were in payment have been disallowed and 16 customers have had their rates reduced. However, following the provision of additional information by some customers and further investigation in conjunction with Revenue, ten of 99 The 19 January 2010. Adjournment

[Deputy Barry Andrews.] the 97 cases above have had their payments reinstated. A further 46 customers have failed to satisfy the qualifying conditions and accordingly their claims have been refused. One further case is currently under investigation. Overpayments will be determined in the above cases and the customers will be notified and requested to repay the amounts involved. However, a recovery officer may reduce or cancel an overpayment based on the circumstance of an individual case, in line with the governing legislation. There are 121 additional applications for commercial partnerships currently being processed by the scope section of the Department where the persons concerned have not paid any self- employment contributions prior to reaching age 66. If a favourable partnership decision is reached these persons may incur a PRSI liability for the years in question. These customers will not satisfy the condition that they paid self-employment contributions prior to reaching age 66. Last week the Department contacted all applicants to advise them of the position and to ascertain whether they wish the Department to continue its investigation or if they wish to withdraw their application. While the publication of the leaflet to which I referred clarified existing procedures in regard to the recognition of commercial partnerships between husbands and wives for social insurance purposes, including retrospective payment of social insurance, it did not involve a change in existing policy or administration. In particular, the clarification of the position did not alter people’s potential entitlements, and all applicants for the contributory State pension must continue to satisfy the eligibility conditions contained in legislation.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 20 January 2010.

100 Questions — 19 January 2010. Written Answers

Written Answers.

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

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Questions Nos. 1 to 8, inclusive, answered orally.

Questions Nos. 9 to 76, inclusive, resubmitted.

Questions Nos. 77 to 84, inclusive, answered orally.

Social Welfare Benefits. 85. Deputy Emmet Stagg asked the Minister for Social and Family Affairs the level of inter- action between her Department and the Department of the Environment, Heritage and Local Government and local authorities on achieving savings in the cost of rent supplement by switch- ing more tenants to the rental accommodation scheme. [1808/10]

124. Deputy Enda Kenny asked the Minister for Social and Family Affairs the number of persons claiming rent supplement more than 18 months; and if she will make a statement on the matter. [1688/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 85 and 124 together. There are currently over 93,000 tenants benefiting from a rent supplement payment — an increase of almost 26% since the end of 2008. Over 35,000 or 38% have been in payment for 18 months or more. The Rental Accommodation Scheme or RAS, which was introduced in 2004, gives local authorities specific responsibility for meeting the longer term housing needs of people receiving rent supplement for 18 months or more. Details of these tenants are notified regularly by the Department to the local authorities. Local authorities meet the housing needs of these individuals through a range of approaches including the traditional range of social housing options, the voluntary housing sector and, in particular, RAS. The Department of the Environment, Heritage and Local Government has advised that, at end November 2009, local authorities have transferred almost 9,000 rent supplement cases to private sector RAS units. An additional 4,000 rent supplement cases have been transferred to voluntary sector RAS units. Housing authorities have also transferred a further 11,000 recipi- 101 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] ents to other social housing options, making a total of over 24,000 transfers since 2005. Almost 7,000 recipients were transferred in 2008 with a further 6,000 transferred up to November 2009. It is accepted that progress in relation to RAS was initially slower than expected. However the pace of delivery has improved significantly, and in 2010 a target has been set of transferring an additional 8,000 households from rent supplement. The number of unsold affordable housing stock around the country and the move to long term leasing by local authorities, creates an opportunity to accelerate transfers and the current market conditions should contribute to achieving further savings. Rent supplement tenants are required to make a minimum contribution towards their rent. This contribution was increased by €11 to €24 in two phases in 2009 as a budgetary measure. This change allows for a better alignment with the contribution payable under the differential rent scheme applying to RAS tenants. This will encourage more people to take up RAS offers. A Value for Money and Policy Review of RAS is being conducted by the Department of the Environment, Heritage and Local Government Department and will commence this month. Officials of my department will participate in the review and will also continue to work closely with the Department of the Environment, Heritage and Local Government and local authorities in ensuring that RAS meets its objective of catering for those on long term rent supplementation while enabling rent supplement to return to its original role of a short-term income support.

Social Welfare Fraud. 86. Deputy Liz McManus asked the Minister for Social and Family Affairs the estimated fraud rate within each scheme and the target savings she is setting for each scheme in 2010. [1793/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to identify fraud and error levels in schemes the Department carries out detailed fraud and error surveys on individual schemes. These surveys provide evidence based indicators for the levels of fraud and error within those schemes at that particular time. As reported by the Comptroller and Auditor General the percentage of expenditure resulting from fraud identified in these surveys ranged from 0% for pensioners, to 0.1% for Illness Benefit, 0.8% for the Family Income Supplement, 1.8% for Child Benefit, 2.3% for the Dis- ability Allowance and 6.4% for the One Parent Family Payment. A fraud and error survey is currently underway on Jobseeker’s Allowance and the results of that will be available by quarter 2, 2010. Although the level of fraud on most schemes is very low, within schemes, some categories of claimants can be a much higher risk than others and when these are identified the Depart- ment moves to address the issue. Because of the resources involved, the Department’s goal is to carry out fraud and error surveys on each of the major schemes every two years. This frequency is considered reasonable having regard to the need to consider the impact of measures taken to address issues raised in previous surveys. The amount of money recorded as control savings by the Department at the end of 2009 was €484 million. This represented an increase of €8 million on 2008 figures. In 2009 over 750,000 claims were reviewed, 20% more than the target for the year. The total control savings target for 2010 is €533m. Additional savings are being sought on the One Parent Family and Illness Benefit payments, bringing the total targets for these schemes to approximately €100m and €110m respectively. 102 Questions — 19 January 2010. Written Answers

A target of €110m has also been set for pensions, including additional savings on the non- contributory scheme. Over €82million is being targeted on Child Benefit, approximately €81m is being targeted on jobseeker’s payments and €16.5m is expected to be saved on carers payments. The remaining sums are €17m on the Family Income Supplement, €10m on the Supplemen- tary Welfare Allowance and €6m in the PAYE and PRSI areas. The vast majority of people who seek a Social Welfare payment are doing so correctly and within their entitlement. However, I am determined to ensure that abuse of the social welfare system is prevented and is dealt with effectively when detected. To this end, the control programme of the Department is carefully monitored and the various measures are continuously refined to ensure that they remain effective. The 2010 targets take account of the extra anti- fraud powers provided in the Social Welfare Bill.

Social Welfare Benefits. 87. Deputy Billy Timmins asked the Minister for Social and Family Affairs the processing time for each individual social welfare office to deal with a claim for jobseeker’s allowance; and if she will make a statement on the matter. [1713/10]

106. Deputy James Reilly asked the Minister for Social and Family Affairs the average processing time in respect of a claim for jobseeker’s benefit to be dealt with; and if she will make a statement on the matter. [1708/10]

112. Deputy Alan Shatter asked the Minister for Social and Family Affairs the processing time for each individual social welfare office to deal with a claim for jobseeker’s benefit; and if she will make a statement on the matter. [1709/10]

119. Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the average processing time for a claim for jobseeker’s allowance to be dealt with; and if she will make a statement on the matter. [1704/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos 87, 106, 112 and 119 together. I fully appreciate that becoming unemployed and having to claim a jobseeker’s payment is stressful enough in itself and that it is vital that people get access to financial supports as quickly as possible. As Deputies will be aware, the number of people on the live register grew by over 45% in the 12 months to December 2009. The Department of Social and Family Affairs has sought to manage this increase as well as it possibly can and to keep delays to a minimum. Improved processes and procedures have helped to increase productivity among existing staff, over 400 extra people have been assigned to claim processing since May 2008 and centralised units have been set up to relieve some of the pressure on the busiest offices. The average processing times for claims decided in December was two weeks for jobseeker’s benefit and just over six weeks for the jobseeker’s allowance. This is the average nationally and there are fluctuations between offices. In December, 4 out of every 5 claims for jobseeker’s benefit were processed within 3 weeks and 2 out of every 3 claims for the means tested payment jobseeker’s allowance were processed within 6 weeks. Processing times can vary depending on the complexity of the claim and the availability of the necessary documentation from the applicant and or their employer. In the case of jobseeker’s 103 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] allowance claims, carrying out means assessments and determining whether a claimant satisfies the Habitual Residence Condition can also take time. Processing times can also vary from office to office due to the extent of the increased claim- load, the number of staff vacancies, the duration of such vacancies and the turnover of staff in the office. From time to time the average processing time for an individual office can vary considerably. This can occur where, for example, an office concentrates on clearing the claims that have been awaiting a decision the longest. I am making available a tabular statement showing the average processing time for claims decided in December for each local and branch office. Claims for branch offices are decided in their parent local office. While I know that processing times are still too long in some areas, it should be noted that the additional resources and process improvement measures that have been put in place are having an impact. For example, the number of jobseeker’s claims awaiting a decision on 9th January last was 30% lower than in July. While every effort is made to ensure that applications are processed as quickly as possible, anyone who is under financial pressure while awaiting a decision on their claim for a jobseeker’s payment can apply for supplementary welfare allowance which is subject to a means test and other qualifying conditions. It is open to anyone who is not satisfied with the decision on their claim to appeal that decision to the Social Welfare Appeals Office. I assure the House that the Department will continue to prioritise reducing the unacceptable delays in deciding welfare claims that are evident in a small number of offices.

Jobseeker Processing Times (In Weeks) December 2009

JB JA

Achill 0.03 0.46 Apollo House 0.81 2.00 Ardee 4.26 9.15 Arklow 0.78 3.57 Athlone 2.88 3.58 Athy 1.65 7.89 Balbriggan 3.24 8.59 Ballina 2.19 7.47 Ballinasloe 1.34 5.12 Ballinrobe 1.36 7.55 Ballybofey 0.79 3.65 Ballyconnell 4.70 5.72 Ballyfermot 0.97 3.92 Ballymun 2.08 3.17 Ballyshannon 0.91 3.31 Baltinglass 1.12 7.87 Bandon 4.01 6.26 Bantry 1.73 6.93 Bantry Co 0.89 1.81 Belmullet 0.81 2.26 Birr 1.42 4.30 Bishop Square 2.04 9.26 Blanchardstown 1.31 9.19

104 Questions — 19 January 2010. Written Answers

JB JA

Boyle 1.80 9.25 Bray 1.33 3.79 Buncrana 4.21 5.52 Cahir 1.05 2.47 Cahirciveen 2.48 3.77 Carlow 0.38 2.69 Carrickmacross 1.83 5.59 Carrick-On-Shannon 1.80 2.96 Carrick-On-Suir 2.80 9.22 Carrigaline 1.77 4.59 Cashel 0.94 3.63 Castlebar 1.91 4.86 Castleblayney 1.27 3.49 Castlepollard 6.95 19.62 Castlerea 2.03 11.62 Cavan 2.41 8.19 Claremorris 1.85 11.68 Clifden 2.00 3.75 Clonakilty 4.13 5.24 Clondalkin 2.76 5.86 Clones 0.96 4.77 Clonmel 0.65 2.54 Cobh 0.78 1.36 Coolock 2.51 4.73 Cork 1.67 5.49 Dingle 1.56 3.57 Donegal 1.34 3.94 Drogheda 2.81 10.25 Dundalk 0.90 2.17 Dunfanaghy 0.86 1.85 Dungarvan 2.73 9.46 Dungloe 1.75 1.77 Dun Laoghaire 1.74 7.03 Edenderry 2.19 13.24 Ennis 1.46 4.75 Enniscorthy 2.47 7.85 Ennistymon 3.11 2.93 Fermoy 2.44 6.24 Finglas 1.23 3.48 Galway 3.65 10.64 Gorey 3.04 5.22 Gort 2.20 8.49 Kells 2.36 8.63 Kenmare 1.78 3.09 Kilbarrack 1.86 4.57 Kilkenny 0.64 4.28 Killarney 0.87 8.44 Killorglin 1.59 4.76 Killybegs 0.83 2.71 Kilmallock 1.48 2.88

105 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] JB JA

Kilrush 2.95 3.98 King’s Inns St 1.25 2.78 Kinsale 3.96 9.03 Letterkenny 0.68 2.99 Limerick 3.07 8.91 Listowel 0.92 4.29 Longford 2.68 11.67 Loughrea 1.70 6.50 Macroom 3.64 5.61 Mallow 1.82 3.47 Manorhamilton 1.89 0.41 Maynooth 3.04 6.87 Midleton 2.79 5.46 Monaghan 1.23 4.18 Muine Bheag 0.83 5.05 Mullingar 2.46 15.52 Navan 2.27 15.29 Navan Road 2.55 7.68 Nenagh 1.13 3.54 Newbridge 1.71 6.63 Newcastle West 1.31 3.13 Newmarket 5.00 3.65 New Ross 3.28 5.97 Nutgrove 0.71 1.84 Portarlington 0.87 8.11 Portlaoise 2.07 6.39 Rathdowney 3.00 9.23 Roscommon 1.65 5.02 Roscrea 0.98 2.81 Skibbereen 2.24 6.35 Sligo 1.52 7.67 Swinford 2.02 11.52 Swords Lo 2.52 3.24 Tallaght 1.44 5.70 Thomas Street 1.21 3.03 Thomastown 3.07 9.22 Thurles 1.06 4.48 Tipperary 1.59 3.20 Tralee 2.08 3.87 Trim 3.58 10.71 Tuam 1.19 10.51 Tubbercurry 0.71 0.90 Tulla 2.57 2.61 Tullamore 1.27 8.06 Tullow 1.09 6.66 Waterford 4.04 5.27 Westport 1.40 1.29 Wexford 1.01 4.67 Wicklow 1.65 3.96 Youghal 1.09 7.12

106 Questions — 19 January 2010. Written Answers

Money Advice and Budgeting Service. 88. Deputy Shane McEntee asked the Minister for Social and Family Affairs the position regarding the waiting times to access the Money Advice and Budgeting Service money advisers; and if she will make a statement on the matter. [1691/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Responsibility for the Money Advice and Budgeting Service (MABS) transferred to the Citizens Information Board (CIB) in 2009 and will provide strong management support to the local voluntary MABS companies. MABS assists people who are over-indebted and need help and advice in coping with debt problems. The role of money advisors is to help clients to assess their financial situation, make a budget plan and deal with creditors. MABS is now dealing with increasingly complex debt situations in respect of clients who are presenting with multiple creditors/debts. It is important that people coping with debt difficulties take early action and approach MABS for help and guidance. This can be the first positive step for people in addressing debt difficulties. There are 52 independent MABS companies operating the local MABS services from 65 locations throughout the country, with national support provided by the MABS NDL. In addition, the MABS National Telephone Helpline is available from 9am to 8pm Monday to Friday and the MABS website can be accessed 24 hours a day at www.mabs.ie . The helpline dealt with 24,000 callers in 2009 and 11,000 in 2008. The number of calls received in 2009 remained constant throughout the year at 6,000 per quarter. Some 19,000 new clients approached MABS for assistance in 2009. This compares with 16,600 new clients in 2008 and 12,734 in 2007. In 2009, funding of almost €18m was allocated to MABS and included provision for 19 additional money advisers, bringing the total number of staff to 271. The MABS funding for 2010 is included in the CIB allocation of €46.2m. All MABS companies operate an appointment system for clients. Clients with urgent difficulties are prioritised for attention and are dealt with promptly. Less urgent cases are referred to the MABS Helpline and to the MABS website in the first instance. Over 90% of callers to the Helpline find that their money management and budgeting issues can be resolved with the assistance of the helpline advisor. Some 10% of callers are referred to the local MABS for assistance. From first point of contact to first appointment with a money advisor the average waiting time is currently 4.5 weeks. This is the average nationally and there are fluctuations between offices. During the waiting period, clients are assessed and those in need of immediate assistance are given a priority appointment, others are provided with assisted self-help to ensure that they have taken steps to assess their situation and if appropriate they are supported to take holding action with their creditors. I am satisfied that the additional resources provided to MABS will assist them to meet the demand for their services.

Social Welfare Benefits. 89. Deputy Ruairí Quinn asked the Minister for Social and Family Affairs the action she is taking to improve processing times for all social welfare claims. [1801/10]

107 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department is committed to delivering the best possible service to its customers. To this end, operational processes and procedures and the organisation of work are continually reviewed in all areas of the Department. These reviews are supported by modern technology, the potential of which is continuously harnessed. Claims are processed in the most efficient and expeditious way possible, having regard to the eligibility conditions that apply to each scheme. Processing times vary across schemes because of both the volume of applications and the differing qualification criteria. For example, means assessments are required for all of the social assistance schemes; medical examinations are required for illness related schemes and customers must also satisfy the habitual residence conditions. In the case of the insurance based schemes, it may be necessary to ascertain details of foreign insurance records. It should also be noted that many factors outside the Department’s control can impact upon claim processing times e.g. the supply of relevant information by the customer, employers or other third parties. From January 2009, new processing targets, based on processing 90% of claims within a particular timescale, varying from scheme to scheme, were introduced for all schemes. Specific process improvements have been introduced across many areas of the Department. Some recent examples of these are as follows:

Jobseeker’s A range of process improvement initiatives to deal with the increased volume of Job- seeker’s claims has been introduced. In addition, five Local Office Support Units have been set up around the country to support the processing of claims. The number of claims awaiting a decision as of the 9 January 2010 was 58,800. This is huge reduction on the 82,000 that were pending in July and illustrates that the additional resources that have been assigned to local offices coupled with the range of process improvement initiatives are having a positive effect.

State Pensions In order to ensure that entitlement to a pension is decided by the due date all pensioners are advised to apply at least three months in advance of pension age and people are proactively invited to claim. In addition, a desk assessment process has been introduced in State Pension Non-Contributory, whereby claims are processed and decided based on the information provided by the customer on their application form without recourse to investigation by a Social Welfare Inspector.

Automated processing and Online Application Forms To ensure that claims are processed as efficiently as possible and that customers receive their entitlements in a timely manner all application forms have been designed to facilitate the use of scanning and automated processing. An online facility to enable applications for a number of schemes, i.e. State Pension (Contributory) and Household Benefits, to be completed and submitted online, has been implemented. This facility will be extended to other schemes in the coming months. The objective is to enable people to access services at a time and place that best suits their needs. The use of online application forms reduces the administrative burden for customers and facilitates efficient processing of claims by the Department.

108 Questions — 19 January 2010. Written Answers

Overall, I appreciate the need to ensure that people can receive financial support from the Department as early as possible and I assure the House that we continuously strive to improve processing times in all schemes. In the meantime, it is important to remember that people who have urgent income support needs can apply for the means tested supplementary welfare allowance (SWA) and that more than 95% of basic SWA applications are decided on and paid within a week.

90. Deputy Willie Penrose asked the Minister for Social and Family Affairs when she plans to reform the back to education allowance to make it more compatible with the Central Appli- cations Office application process for third level courses and the academic year. [1798/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The back to education allowance (BTEA) scheme is designed to help those in receipt of a social welfare payment to improve their employability and job-readiness by acquiring additional educational qualifications. It is a second chance education opportunities scheme that recognises the special difficulties that people on social welfare can face when attempting to gain a foothold in the labour market. It is designed to remove the barriers to participation in second and third level education. The scheme enables eligible people who have been getting a social welfare payment to continue to receive a payment while pursuing an approved full-time education course. The scheme is self-selecting in nature and responsibility for securing a place on an approved course rests with the applicant. Once a place has been secured, an applicant can check with the Department as to whether the other eligibility criteria for participation in the back to education scheme are fulfilled. Payment under the scheme covers the relevant academic year and the scheme caters for approved courses where the starting date is not aligned to the standard academic year. In order to qualify for participation, an applicant must be in receipt of a relevant social welfare payment for 3 months if pursuing a second level course or 12 months if pursuing a third level course. The qualifying period for access to third level courses is reduced to 9 months for those who are participating in the national employment action plan process or engaging with the Department’s facilitator programme. People who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the back to education scheme. A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most. The number of participants in 2008/2009 academic year was 11,646. Final figures for the current academic year are not yet finalised. However, the number of people on the scheme at the end of November 2009 was 20,418 which is 88% higher than the figure of 10,854 at the end of November 2008. The back to education scheme has been subject to review and modification over the years to ensure that it continues to assist those furthest from the labour market. The qualifying conditions will continue to be monitored in the context of the objectives of the scheme and the changing economic circumstances.

109 Questions — 19 January 2010. Written Answers

91. Deputy Brian O’Shea asked the Minister for Social and Family Affairs the details of the planned vouched fuel allowance scheme for low income families to offset the increases in fuel costs associated with the introduction of the carbon tax. [1795/10]

110. Deputy Ulick Burke asked the Minister for Social and Family Affairs the action she will take to alleviate the impact of the carbon tax on lower income households that are more likely to rely on higher carbon fuels and to live in badly insulated homes; and if she will make a statement on the matter. [1655/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 91 and 110 together. The household benefits package is payable throughout the year to almost 380,000 pensioners, people with disabilities, and carer households to assist them with their heating, light and cooking costs. This scheme cost approximately €200m in 2009. In addition, the national fuel allowance scheme assists householders on long-term social welfare or health service executive payments with meeting the additional cost of their heating needs during the winter season. The allowance represents a contribution towards a person’s heating expenses. It is not intended to meet those costs in full and must be seen in the context of the overall level of income available to the family. In Budget 2009, the duration of the payment was increased by an extra 2 weeks to 32 weeks, while the weekly value of the allowance was increased by €2to€20 a week, or €23.90 in designated smokeless areas. This compares with just €14 and €17.90 respectively in 2006. Proper household insulation is absolutely vital in tacking fuel poverty. Initiatives such as the Warmer Homes Scheme, operated by Sustainable Energy Ireland, under the aegis of the Department of Communications, Energy and Natural Resources have a very valuable role to play in that regard, as does funding from the Department of the Environment, Heritage and Local Government to improve the quality of existing local authority housing. Considerable progress has been made in this area in recent years. The Government has announced its intention to introduce a carbon tax, which will come into effect on heating products from May 2010 and on solid fuels at a date to be set by commencement order. Before the tax is applied to fuels for home heating, arrangements are being made to assist those most at risk of fuel poverty. In his Carbon Budget Statement, the Minister for Environment, Heritage and Local Govern- ment, outlined details of €130 million in funding for insulation, €76 million of which will be used to assist low income families. The Government is also conscious that families at risk of fuel poverty will need extra income support to meet the increasing costs of fuel as a result of the carbon tax. The Department of Communications, Energy and Natural Resources has overarching responsibility for the energy portfolio and has convened an Inter- Departmental/Agency Group on Affordable Energy to coordinate and drive Government policy in this area. The objective is to ensure a shared understanding of the challenges and actions underway and to ensure a fully cohesive strategic approach to delivery of affordable energy initiatives and programmes. The Inter Departmental/Agency Group has been asked to draw up an Energy Affordability Strategy for consultation early in 2010. This strategy will set out existing and future approaches to addressing energy affordability and will have regard both to the impact of the carbon tax on

110 Questions — 19 January 2010. Written Answers low income households and the range of supports outlined above in making its recommendations. As part of its work, the Group will make recommendations as to the precise package of measures, including in the area of income support, that should be put in place to assist those at risk of fuel poverty in advance of the implementation of the carbon tax on home heating products.

Social Welfare Fraud. 92. Deputy Charles Flanagan asked the Minister for Social and Family Affairs the position regarding fraud control measures put in place by her Department; and if she will make a statement on the matter. [1677/10]

101. Deputy Denis Naughten asked the Minister for Social and Family Affairs the savings made in 2009 by her as a result of fraud detection; if she achieved her departmental target; and if she will make a statement on the matter. [1480/10]

116. Deputy Brian O’Shea asked the Minister for Social and Family Affairs her estimate of the fraud detection rate arising from calls from members of the public. [1794/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 92, 101 and 116 together. The prevention of fraud and abuse of the social welfare system is an integral part of the day- to-day work of the Department. A key objective of the Department’s control strategy is to ensure that the right person is paid the right amount of money at the right time. The Department processes in excess of 2 million claims each year and it makes payments to over one million people every week. The vast majority of people are receiving the entitlement due to them. Welfare fraud is theft. It is a serious crime and the Department is doing everything that it can to crack down on people who abuse the system. There are over 620 staff working in areas related to control of fraud and abuse of the welfare system. The level of fraud on most schemes is very low. As reported by the Comptroller and Auditor General, the percentage of expenditure resulting from fraud identified in the Department’s Fraud and Error surveys was 0% for pensioners, 0.1% for Illness Benefit, 0.8% for the Family Income Supplement, 1.8% for Child Benefit and 2.3% for the Disability Allowance. Nonetheless, the Department is conscious that in a small number of schemes, some groups of claimants present a higher risk than others and we have made changes to address this. For example, a number of individual surveys have highlighted a high level of risk that non-Irish nationals could claim welfare payments to which they are no longer entitled after they have left the State. Having identified this risk, the Department has sought to minimise it by removing the option to receive payments by Electronic Fund Transfer (EFT) for new claimants of jobseeker payments. Targeted control measures have also been put in place in relation to other customer segments in schemes where any form of high risk has been identified. Since the department started the cross-border operations, the percentage year-on-year increase in people signing on for jobseeker’s payments in virtually all of the border offices had reduced. Fraud detection systems have also been improved through data matches with organisations such as the Revenue Commissioners on commencement of employment data, the General

111 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] Registrars Office on Marriages and Deaths information, and many other organisations including the Departments of Justice, Environment, Education and other state bodies. In addition, a data matching programme is now in place to ensure that relevant information available in one area of the Department is applied to all schemes. Greater emphasis was also placed last year on prevention of fraud and error at the claim application stage. While this is of course the most cost effective mechanism of reducing unwarranted welfare expenditure, it should be noted that savings achieved in this way are not included in the published figures for control savings. For 2009, the Department set a target of reviewing almost 620,000 individual welfare claims. In fact over 750,000 reviews were actually carried out last year — 20% more than the annual target. The total fraud and error savings recorded for the year was approximately €484 million. While this was lower than the target set for 2009, it represented an increase of €8 million on the 2008 figure. In considering the level of savings recorded in 2009, it is important to note that the final average live register figure for the year, at 395,500, was significantly lower than the 440,000 that had been predicted when the annual target was set. Also, while it is difficult to identify exactly why the above-target number of reviews did not generate higher savings, it may be partially due to decreased opportunities for people to work and claim. Increased emphasis on preventing unwarranted claims at the initial application stage may also have led to a reduction in the number of claims having to be stopped after they have gone into payment. It is also worth noting that the 2009 control savings from several schemes were ahead of target. These include Child Benefit, One Parent Family Payment, Illness payments and Pensions. The number of anonymous reports from members of the public has increased dramatically in the past year, with over 6,400 reports made at end 2009 compared to approximately 1,000 reports made in 2008. Each report is followed-up and savings are included in the savings reported within the individual scheme areas. The Department is committed to ensuring that social welfare payments are available to those who are entitled to them. In this regard the control programme of my Department is carefully monitored and the various measures are continuously refined to ensure that they remain effective. As Deputies will be aware, the recent Social Welfare Bill included extra anti-fraud powers for the Department.

Social Welfare Code. 93. Deputy Denis Naughten asked the Minister for Social and Family Affairs further to Parliamentary Question No 62 of 11 November 2009, if a final decision has been taken as to the appropriate response; and if she will make a statement on the matter. [1481/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The earlier question, to which Deputy Naughten makes reference, asked about “plans to review the habitual residence condition rules or the existing legislation in view of the recent decisions of the appeals office regarding cases by asylum seekers”. Section 15 of the Social Welfare and Pensions (No. 2) Act 2009, passed by this House on 15 December 2009, provided for an amendment to the habitual residence provisions to deal with this matter. The new provisions list those who have a legal right to reside in the State and

112 Questions — 19 January 2010. Written Answers those who do not have such a right, and state that those who do not have such a right shall not be regarded as habitually resident for the purposes of any claim for social welfare. A deciding officer or appeals officer may not therefore rule that a person, who has been refused permission to remain in the State, or whose application has not yet been determined, satisfies the habitual residence condition. Where a decision is given granting permission to remain, the question of whether that person is habitually resident will be made in the light of the factors set out since 2007 in the Social Welfare Consolidation Act. The determination will be made with effect from the date that permission is granted, or from the date of application for the payment in question if the application was not lodged until after that date.

Social Welfare Benefits. 94. Deputy John O’Mahony asked the Minister for Social and Family Affairs the number of persons on a national, county and local social welfare office basis awaiting for their application for jobseeker’s allowance and benefit to be processed; and if she will make a statement on the matter. [1719/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The total number of jobseeker’s awaiting a decision on their claim at 9th January 2010 was 58,878. A table showing the breakdown between Jobseeker’s Benefit (JB) and Jobseeker’s Allowance (JA) claims at each local office is as follows. This information has been compiled from data that is maintained on a Local Office catchment area basis and these figures do not correspond exactly with county boundaries. Over the past number of months the Department has introduced a range of process improvement initiatives to deal with the increased volume of claims which include:

• A more streamlined procedure for claimants moving to jobseeker’s allowance when their jobseeker’s benefit expires.

• A streamlined process for people who had a claim in the previous two years.

• Application forms for the jobseeker schemes are now available on the Department’s website. This means that anyone who wants to make a claim can print the form at home and bring it to the local office completed. This helps reduce queuing times.

• More straight-forward procedures for providing evidence of identity and address have been introduced

• The process for casual employees has been streamlined and the employee can now self certify on a weekly basis without recourse to the employer. A compensatory periodic control measure has been introduced for employers.

One of the most significant initiatives introduced recently aimed at reducing queuing times and waiting times, involves the customer attending the office by appointment at which time the claim is taken and decided. This system has already been introduced in 20 offices. The Depart- ment plans to extend it up to a further 25 offices and over the next few weeks it will be introduced in Cavan, Clonmel, Ennis, Tralee, Arklow, Wexford, Finglas, Navan Road, Kilbar- rack, Swords and Dun Laoghaire. I realise the importance of getting claims decided as quickly as possible and I want to assure the Deputy that staff in local offices and in the Department’s inspectorate are doing all they can to reduce the numbers of claims awaiting a decision.

113 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

JA/JB Claims Pending by Local Office at January 9th 2010.

Local Office JA JB

Achill 4 0 Apollo House 137 53 Ardee 287 163 Arklow 145 100 Athlone 354 312 Athy 247 125 Balbriggan 557 204 Ballina 381 173 Ballinasloe 267 63 Ballinrobe 111 42 Ballybofey 161 80 Ballyconnell 97 77 Ballyfermot 223 74 Ballymun 130 61 Ballyshannon 65 30 Baltinglass 146 70 Bandon 157 104 Bantry 152 70 Bantry CO 32 14 Belmullet 33 23 Birr 169 122 Bishop Square 1038 280 Blanchardstown 1528 258 Boyle 101 52 Bray 197 103 Buncrana 538 219 Cahir 49 68 Cahirciveen 45 44 Carlow 154 62 Carrickmacross 147 55 Carrick-on-Shannon 174 77 Carrick-on-Suir 154 80 Carrigaline 252 145 Cashel 54 44 Castlebar 226 139 Castleblaney 119 43 Castlepollard 218 72 Castlerea 367 111 Cavan 565 239 Claremorris 233 92 Clifden 52 28 Clonakilty 124 80 Clondalkin 1026 346 Clones 53 37 Clonmel 103 40

114 Questions — 19 January 2010. Written Answers

Local Office JA JB

Cobh 49 42 Coolock 522 337 Cork 2867 424 Dingle 30 48 Donegal 60 84 Drogheda 851 381 Dun Laoghaire 603 378 Dundalk 258 100 Dunfanaghy 69 57 Dungarvan 205 145 Dungloe 78 86 Edenderry 304 85 Ennis 522 319 Enniscorthy 503 191 Ennistymon 135 111 Fermoy 182 153 Finglas 358 182 Galway 1726 460 Gorey 386 273 Gort 151 98 Kells 216 112 Kenmare 43 35 Kilbarrack 285 195 Kilkenny 340 104 Killarney 437 119 Killorglin 50 38 Killybegs 26 27 Kilmallock 163 168 Kilrush 132 89 King’s Inns Street 416 207 Kinsale 113 53 Letterkenny 263 82 Limerick 1637 1167 Listowel 173 74 Longford 618 220 Loughrea 316 77 Macroom 184 169 Mallow 164 176 Manorhamilton 16 36 Maynooth 691 483 Midleton 327 140 Monaghan 160 157 Muine Bheag 127 35 Mullingar 852 308 Navan 1017 248 Navan Road 991 360 Nenagh 188 124 New Ross 348 211

115 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] Local Office JA JB

Newbridge 1069 357 Newcastle West 140 159 Newmarket 164 361 Nutgrove 145 202 Portarlington 390 89 Portlaoise 337 249 Rathdowney 142 59 Roscommon 95 50 Roscrea 79 47 Skibbereen 137 72 Sligo 415 122 Swinford 233 76 Swords 396 347 Tallaght 1111 313 Thomas Street 279 72 Thomastown 129 84 Thurles 158 84 Tipperary 78 72 Tralee 240 245 Trim 513 282 Tuam 472 70 Tubbercurry 22 23 Tulla 93 156 Tullamore 179 88 Tullow 128 42 Waterford 1096 510 Westport 77 69 Wexford 414 241 Wicklow 48 57 Youghal 98 37

40,401 18,477

95. Deputy Róisín Shortall asked the Minister for Social and Family Affairs the way she intends to achieve the €20 million projected savings on rent supplement as announced in budget 2010; and if these savings are based on the 2009 estimate, the 2009 outturn or otherwise. [1806/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Rent supplement is payable to people who are unable to meet the cost of renting private accommodation and is intended as a short-term support. There are currently over 93,000 tenants benefiting from a rent supplement payment — an increase of 26% since the end of 2008. The provisional outturn on Rent Sup- plement for 2009 is €507.68 million. Budget 2010 provided for expenditure of €509m in 2010, after the achievement of €20m savings. Rent limits are set at levels that enable eligible households to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the state. 116 Questions — 19 January 2010. Written Answers

It is essential to ensure that state support for rent supplemented tenants, who form a substantial section of the rental market, does not give rise to inflated rental prices with particular negative impact on those tenants on lower incomes, including people in low paid employment. The Government is determined to ensure that reductions in rent levels generally in the year to date result in savings for the taxpayer. Maximum rent limits are prescribed in regulations and are time limited so that they can be adjusted in the light of rent levels generally. The most recent regulations cover the period 1 June 2009 to 31 May 2010. Rent limits can, however, be reviewed at any time. Notwithstanding rent limits, the Community Welfare Service may, in certain circumstances, exceed the rent levels as an exceptional measure to meet special needs. Equally the Community Welfare Service also pay below prescribed rent limits in the light of rent levels in the local rental market. Budget 2010 provided for €20m savings in the rent supplement scheme arising from a review of the maximum rent limits. To this end, the maximum level of rent supplement payable by the State will be reviewed early in 2010 on the basis of the latest data available on general trends in rental prices. The review will be conducted with reference to analysis of rents recorded with the Private Residential Tenancies Board, the CSO private rent index and data from the Daft.ie property website. The maximum rent limits payable will then be adjusted and new limits will apply in respect of all new tenancies or renewals of tenancies from April 2010. Indications are that rents in the private rented sector continue to fall since limits were reviewed in 2009. Based on current information available about decreases in rent levels, the Department expects the rent review to lead to savings of €20 million.

Social Welfare Code. 96. Deputy James Bannon asked the Minister for Social and Family Affairs her plans to change the one parent family payment; and if she will make a statement on the matter. [1647/10]

127. Deputy Seán Sherlock asked the Minister for Social and Family Affairs when she plans to end the cohabitation ban for lone parents. [1804/10]

720. Deputy Olwyn Enright asked the Minister for Social and Family Affairs her plans to change the one parent family payment; and if she will make a statement on the matter. [2060/10]

787. Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs her plans to change the criteria for lone parents benefits; when these changes will take effect; and if she will make a statement on the matter. [1941/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 96, 127, 720 and 787 together. The Government discussion paper, “Proposals for Supporting Lone Parents,” put forward proposals to tackle obstacles to employment for lone parents and other low income families. These included proposals for the extension of the National Employment Action Plan to focus on lone parents, focused provision of childcare and the introduction of a new social assistance payment for low income families with young children. The current duration of the One-Parent Family Payment (OFP) is not in the best interests of the recipient, their children or society. Social welfare supports for lone parents should be

117 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] designed to: Prevent long term dependence on social welfare income support and facilitate financial independence. Recognise parental choice with regard to the care of young children but with the expectation that parents will not remain outside of the labour force indefinitely. Change the expectations surrounding receipt of the OFP, introducing an expectation of participation in education, training and employment, with supports provided in this regard. Income supports are only one element of the supports required by those parenting alone. Other co-ordinated supports and services required include access to childcare support, education, training and activation measures. These must also be addressed by the relevant Depart- ments and Agencies if lone parents are to be enabled to access employment. It has not been possible to progress the proposals as outlined in the Government discussion paper, including the removal of the cohabitation rule, due, in part, to current economic conditions. These proposals have, however, informed deliberations regarding the scheme. The Government is considering various options for limiting the length of time for which the One- Parent Family Payment (OFP) can be paid (including the age of the youngest child). Any such changes would be phased in over a period of years for existing recipients to enable lone parents to access education and training and to prepare for their return to the labour market.

Social Welfare Appeals. 97. Deputy David Stanton asked the Minister for Social and Family Affairs the number of applications received for domiciliary care allowance from April to December 2009, inclusive; the number refused; the number appealed to the social welfare appeals office; the number of same for which the decision was overturned on appeal; and if she will make a statement on the matter. [1779/10]

125. Deputy David Stanton asked the Minister for Social and Family Affairs the number of domiciliary care allowance applications received by her Department each month from April to December 2009 inclusive; the number of these claims which were refused each month; the number of same for which appeals were submitted; the reason children were judged not to be eligible; and if she will make a statement on the matter. [1780/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Question Nos. 97 and 125 together. Domiciliary Care Allowance is payable in respect of children who have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. The care and attention received must be given by another person, effectively full-time so that the child can deal with the normal activities of daily life. The child must be likely to require this level of care and attention for at least 12 months. Eligibility for Domiciliary Care Allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted by the applicant. In the period 1st April 2009 to 31st December 2009 a total of 3,389 applications were received, of which 2,823 cases have to date been fully processed by the Department. Of these applications, 1,031 were awarded and 1,792 refused as they were deemed not to be eligible for Domiciliary Care Allowance. 566 applications are still to be decided. The tabular statement sets out the number of applications received and the number of applications processed each month from April to December 2009. During 2009, decisions made on 564 claims were reviewed

118 Questions — 19 January 2010. Written Answers at the applicants request as new or additional medical evidence was available, of these 117 claims were subsequently allowed. Where claims are deemed to be ineligible on medical grounds, it is because it is considered that the requirement of care and attention and/or supervision is not substantially in excess of another child of the same age who does not have a disability. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office. There were 836 appeals of Domiciliary Care Allowance decisions received by the Social Welfare Appeals Office in 2009 which variously consisted of appeals in relation to the commencement date of the claim, satisfying the Habitual Resident Condition or meeting the medical criteria for the scheme. The Social Welfare Appeals Office made decisions on 11 cases in 2009 and overturned the decision in 6 cases. All claims that have had the original negative decision revised have been processed by the Department and payment has issued to the customers.

Number of DCA Applications received and processed per month from April 2009 to December 2009

Month Applications Received Claims Awarded of the Claims Refused of the 2,823 processed to date. 2,823 processed to date.

April 155 7 8 May 399 48 84 June 482 124 145 July 499 136 249 August 301 139 259 September 496 123 212 October 366 214 420 November 394 156 241 December 297 84 174

Total 3,389 1,031 1,792

Job Facilitators. 98. Deputy Olivia Mitchell asked the Minister for Social and Family Affairs the additional supports given to job facilitators to deal with the increased demand for access to support; and if she will make a statement on the matter. [1726/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Facilitators work with social welfare recipients to identify appropriate training or development programmes which will enhance the skills that the individual has and ultimately improve their employment chances, as well as help them to continue to develop personally. They work in close co-operation with other agencies and service providers including FÁS, VEC, other education and training providers and the local and community and voluntary sector. In addition, they provide advice and support to customers who wish to access the back to education scheme, the back to work scheme, and the short term enterprise allowance scheme of the Department. The facilitator service is available locally to all social welfare recipients via the local network. Facilitators are assigned to cover a geographical area. They hold open clinics and meet with people who have been referred either by the social welfare local office, the employment support section or by other agencies. 119 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

Since September 2008, 23 additional facilitators have been appointed. The number of facilitators currently in place is 63. It is envisaged that this number will increase to 70 in the coming months.

Carer’s Strategy. 99. Deputy Michael Creed asked the Minister for Social and Family Affairs the future plans she has for carers following the decision not to publish the national carer’s strategy; and if she will make a statement on the matter. [1734/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Government is acutely aware and appreciative of the contribution made by carers. It was for that reason, that when resources were available, we invested heavily in improving social welfare rates and services for all those who are reliant on the State for income support. Over the past decade, weekly payment rates to carers have greatly increased, qualifying conditions for carer’s allowance have significantly eased, coverage of the scheme has been extended and new schemes such as carer’s benefit, half-rate carer’s allowance and the respite care grant have been introduced and extended. Where people are caring for more than one person they receive a higher payment. This equates to the personal rate for a person with the same means who is caring for one person plus 50% of the maximum personal rate. Recipients with children also receive a qualified child increase in respect of each child. Following this year’s Budget, the carer’s allowance rates for carers over 66 years of age have not been changed and remain at €239. The rate of carer’s allowance for someone under 66 is €212. Since the introduction of the carer’s allowance in 1990 payments to carers have been increased and expanded. Carer’s allowance was increased in 2007, 2008 and 2009 by 12.1%, 6.5% and 3.3%, respectively. As a result, even with the reductions announced in last year’s Budget for carers under 66, the weekly rate of payment for the carers allowance is still almost 20% higher this year than in 2006 and more than 147% higher than in 1997. The means test for carer’s allowance has been significantly eased over the years, and is now one of the most generous means tests in the social welfare system, most notably with regard to spouse’s earnings. Since April 2008, the income disregard has been €332.50 per week for a single person and €665 per week for a couple. This means that a couple with two children can earn in the region of €37,200 and qualify for the maximum rate of car er’s allowance as well as the associated free travel and household benefits. A couple with an income in the region of €60,400 can still qualify for a minimum payment, as well as the associated free travel, household benefits package. These levels surpass the ‘Towards 2016’ commitment to ensure those on average industrial earnings continue to qualify for a full carer’s allowance. From June 2005, the annual respite care grant was extended to all carers who are providing full time care to a person who needs such care, regardless of their income. The rate of the respite care grant has also been increased to €1,700 per year in respect of each care recipient since June 2008. During 2008, an interdepartmental group, chaired by the Department of the Taoiseach, with secretariat support provided by my Department, undertook work, including a public consultation process to develop a National Carers’ Strategy. However, because of the prevailing economic situation, it is not possible to set targets or time limits which could be achieved. In that context, rather than publishing a document which did not include any significant plans for the future, the Government decided not to publish a strategy. This position remains unchanged.

120 Questions — 19 January 2010. Written Answers

Affordable Energy. 100. Deputy Joe Costello asked the Minister for Social and Family Affairs the involvement of her Department on the inter-departmental group on affordable energy. [1785/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department of Social and Family Affairs assists social welfare recipients with heating costs, both through their basic payments and through the fuel allowance scheme and the household benefits package of electricity and gas allowances. These schemes have been improved significantly in recent years. The Department of Communications, Energy and Natural Resources has overarching responsibility for the energy portfolio and convened an inter-departmental /agency group on affordable energy, in June 2008, to coordinate government policy in this area. The group, which is co-chaired by the Social Inclusion Division of this Department, comprises officials of the departments of the Taoiseach, Communications, Energy and Natural Resources, Finance, Environment, Heritage and Local Government, Health and Children, Social and Family Affairs, the Commission for Energy Regulation, Sustainable Energy Ireland, the Institute of Public Health in Ireland and the ESB and Bord Gais. Officials of the Department of Social and Family Affairs who have responsibility for the fuel allowance and household benefits schemes participate in the group. The objective of the group’s work is to ensure shared understanding of the challenges and actions underway and to ensure a fully cohesive, strategic approach to the delivery of affordable energy initiatives and programmes. The group has been asked to develop an affordable energy strategy encompassing the policies and initiatives required to improve energy affordability in Ireland. As part of its terms of reference, the group will seek to identify an appropriate methodology for the measurement and reporting of energy poverty in Ireland and to assess the extent of energy poverty in Ireland. I am advised that the group will commence its deliberations this month with a view to finalising the strategy following a period of consultation.

Question No. 101 answered with Question No. 92.

Social Welfare Fraud. 102. Deputy Noel J. Coonan asked the Minister for Social and Family Affairs if she is satisfied with the method of recording and calculating fraud control savings; and if she will make a statement on the matter. [1664/10]

128. Deputy Liz McManus asked the Minister for Social and Family Affairs her plans to change the methodology by which savings on fraud and overpayments are calculated by her Department. [1792/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 102 and 128together. Control savings are calculated by applying validated multipliers to the difference in the rate of payment before and after the control activity. Multipliers used in assessing control savings estimate the total future savings to the Department of a revocation or reduction resulting from a control action. The multiplier used is based on the average amount of time the person whose payment is stopped will remain off the books before returning. This time varies from scheme to scheme. There is a comprehensive control guideline which sets out:

(a) What constitutes a control saving in the various control activities;

121 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

(b) The various multipliers to be used in determining saving;

Control Division carry out on-going validation exercises to ensure control savings are recorded correctly. There are no plans to change this method of identifying savings.

Departmental Funding. 103. Deputy Pat Breen asked the Minister for Social and Family Affairs the funding made available to the humanitarian assistance scheme for flood claims; the number of applications for support; the average time it takes to process an application; the number of applications refused support; and if she will make a statement on the matter. [1652/10]

769. Deputy Denis Naughten asked the Minister for Social and Family Affairs the value to date of urgent needs payments paid to flood victims; the number of applicants involved; the corresponding figure for payments under the humanitarian assistance towards flood damage scheme; if the humanitarian scheme will consider permanent housing relocation payments; and if she will make a statement on the matter. [1618/10]

775. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs her proposals to address the issues of hardship arising from recent flooding with particular reference to a simplification of assessment and process of applications for supplementary or emergency assistance; and if she will make a statement on the matter. [45570/09]

780. Deputy Ciarán Lynch asked the Minister for Social and Family Affairs if she will provide additional emergency funds to help defray the extra energy costs incurred by persons affected by the recent flooding; if any relief is available to persons carrying third party insurance whose cars were damaged in the recent icy conditions; and if she will make a statement on the matter. [1866/10]

785. Deputy Michael Ring asked the Minister for Social and Family Affairs the number of families that have applied for a payment under the humanitarian assistance scheme or an exceptional urgent needs payment; the number of applications that have been approved and paid out; the details of the average and total payments; and if she will make a statement on the matter. [1899/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Question Nos. 103, 769, 775, 780 and 785 together. In recognition of the devastation suffered by people in many areas of the country as a result of the flooding from November 2009 onwards, the Government set up a Humanitarian Assistance Scheme to provide income tested financial support to people who have suffered damages to their homes not covered by insurance. An initial sum of €10 million has been set aside by the Government for this purpose. The Department and the Community Welfare Service of the HSE are working with the various statutory and other agencies also working in this area, to ensure that the humanitarian assistance scheme will go towards alleviating the hardship which many hundreds of families have had to endure. Community Welfare Service staff throughout the country have been providing support to families since this flooding occurred. Up to the 8th January 2009 they had already made over

122 Questions — 19 January 2010. Written Answers

1,748 payments to 1,038 individuals to the value of €652,000. The average payment per individual is €628, with the largest payment to an individual in excess of €8,000. All payments to those affected by the flooding are being provided for under the Humanitarian Assistance Scheme. While the timescale for determining applications for Humanitarian Assistance claims is dependant, among other things, on the availability of the required information, there is no backlog of undecided claims. According to the information available from the HSE, as of 8th January 2010, there were approximately 50 applications currently being assessed. Only one claim refused. Payments have been provided for emergency financial and other assistance to cover items such as clothing, food, bedding, heating, hire of dehumidifiers and emergency accommodation needs. The Community Welfare Service will continue to make these payments as long as there is a requirement to do so. Such emergency payments under the Humanitarian Assistance Scheme are made without delay and without regard to the household income as the primary objective of these payments is to address the person’s immediate needs. As the flood waters have receded in some areas, individuals are now in a better position to assess the extent of the damage to their homes. In these cases, payments have been made in respect of essential household items such as carpets, flooring, furniture and white goods. Assist- ance is also available for structural repairs to homes not covered by household insurance. Very few large scale claims have been made at this stage as homeowners have not yet established the cost of repair. In many cases, they are awaiting builder’s estimates. It is expected that large scale claims will be received over the coming weeks. These claims will take somewhat longer to process as they will require verification of the loss and the possible use of a loss assessor. The level of payment available under the aid scheme to any qualified individual depends on the severity of the damage to that person’s home and the extent of the loss experienced as well as household income and general family circumstances. The scheme provides hardship alleviation as opposed to full compensation. As on previous occasions, commercial or business losses are not covered by the scheme nor are losses which are covered by household insurance. The repair of cars damaged in the recent icy conditions is also not covered by the Humanitarian Assistance Scheme. The question of permanent housing relocation payments is a housing issue to be dealt with by the relevant housing authorities. However, the Community Welfare Service will continue to work with any families in this position to ensure that the objectives of the humanitarian aid scheme are fully achieved in their case. Applications under the scheme are being income tested to ensure that available assistance is prioritised for those who are most vulnerable. The basic objective of the income test is to determine the household’s capacity to meet the costs of restoring their home to a habitable condition. All household income is considered when determining entitlement to payment. Detailed guidelines have been provided to the HSE in relation to the income test. These guidelines also contain a list of the type of goods/appliances that are generally covered by the scheme and what replacement value should typically be attributable to each item. This list is not exhaustive and is intended as a guide only. The Community Welfare Service has full discretion to make payments at a higher level than a strict application of the income test would warrant in any individual case where it considers it appropriate to do so. This income test and guidelines simplify the assessment process and to allow for the speedy processing of applications.

123 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

People seeking assistance should contact their local Community Welfare Office. Further information and applications forms in relation to the Humanitarian Assistance Scheme are available from the Community Welfare Service in the affected areas and from the Department’s website (www.welfare.ie) and the HSE’s website (www.hse.ie).

Social Welfare Benefits. 104. Deputy Ciarán Lynch asked the Minister for Social and Family Affairs when she will publish the outcome of the review of mortgage interest supplement. [1788/10]

113. Deputy Dan Neville asked the Minister for Social and Family Affairs her plans to amend the mortgage interest supplement scheme; if she will make the revised guidelines publicly available; and if she will make a statement on the matter. [1697/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 104 and 113 together. The mortgage interest supplement scheme provides support for people who have difficulty meeting their mortgage repayments and whose means are insufficient to meet their needs. The scheme provides a short-term income “safety net” within the overall social welfare system to ensure that people do not suffer hardship due to loss of employment or other changes in circumstances. A supplement in respect of mortgage interest only may be paid to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. There are currently over 15,100 people in receipt of mortgage interest supplement, an increase of almost 87 % (7,000) over the numbers in payment at the end of December 2008. The assessment for the mortgage interest supplement scheme provides for a gradual withdrawal of payment as earnings increase. Those availing of part-time employment and/or training opportunities can continue to receive mortgage interest supplement subject to their satisfying the standard means assessment rules. A review of the administration of the mortgage interest scheme is progressing. The main purpose of the review is to examine how the scheme can best meet its objective of catering for those who require assistance on a short-term basis where they are unable to meet mortgage interest repayments on their sole place of residence. The review group includes representatives from this Department, the Community Welfare Service, the Departments of Finance, and Environment, Heritage and Local Government together with a representative from the Office of the Financial Regulator. The group is examining trends in programme and administrative costs, the impact of the Financial Regulator’s statutory Code of Practice on Mortgage Arrears on the mortgage interest supplement scheme and legislative and operational issues arising, including the cap on hours of employment. The review is also considering whether alternative approaches to achieving the scheme’s objectives are warranted in the light of recent changes in the economic climate and the mortgage market. The full review should be complete and available for publication by the end of Q1 2010. Guidelines on certain operational issues for community welfare officers administering the scheme, were updated in June 2009. The guidelines are available on the Department’s website www.welfare.ie

124 Questions — 19 January 2010. Written Answers

Social Insurance. 105. Deputy Jan O’Sullivan asked the Minister for Social and Family Affairs when she will provide legislation for the planned PRSI exemption for employers who take on a person who has been on the live register for six months or more. [1797/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): It is proposed that legislation for the PRSI Job Incentive scheme will be brought before the Houses of Oireachtas in the Social Welfare (Miscellaneous Provisions) Bill in spring of this year.

Question No. 106 answered with Question No. 87.

Money Advice and Budgeting Service. 107. Deputy Joe McHugh asked the Minister for Social and Family Affairs if she is satisfied with the capacity of the Money Advice and Budgeting Service to negotiate on persons’ behalf with financial institutions and sub-prime lenders in relation to mortgage arrears; and if she will make a statement on the matter. [1696/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The money advisers throughout the country focus on providing assistance, advice and intense support to people who have financial difficulties. The money adviser works out a budget and negotiates on behalf of the client with all creditors, including financial institutions and sub-prime lenders, to secure better terms for the client in managing the repayment of their debts. Where required by the client, the money adviser can assist with setting up a special account with a local Credit Union into which an agreed amount of money is lodged regularly and from which each month the money adviser makes the repayments to the creditors on behalf of the client. In 2009 some 2,618 special accounts were set up with the local Credit Unions. Focused training programmes designed to equip money advice staff and local management boards to meet the demands on the services are provided by MABS NDL, the national support company. In addition, MABS NDL has introduced a number of community education and other initiatives to assist the services in managing their increased caseloads. These include a money management education programme for people facing redundancy to inform them about managing on a reduced income and how to avoid getting into debt. Under the statutory code of conduct on mortgage arrears published by the Financial Regu- lator, all financial institutions including the banks and sub-prime mortgage lenders must, where circumstances warrant it, refer a borrower in difficulty for guidance to a local MABS office or to an appropriate alternative. An operational protocol ‘Working Together to Manage Debt’ is in place and is the result of almost 2 years work by MABS NDL and the Irish Banking Federation (IBF), the main representative body for the banking and financial services sector. The Protocol applies to all client debts, including mortgage debt owed to the major lending institutions in Ireland and includes a commitment that no legal action will be taken as long as there is compliance by the client with an agreed repayment plan. Last year an additional 19 money advisers were recruited by MABS between September and December, bringing the number of MABS staff to 271. The additional advisors have been appointed to MABS companies throughout the country. I am confident that the MABS is well equipped to provide a high quality personal service to assist people in overcoming their indebtedness and managing their finances.

125 Questions — 19 January 2010. Written Answers

Departmental Schemes. 108. Deputy Michael D. Higgins asked the Minister for Social and Family Affairs the reason back to work education allowance scheme is available to persons who are pursing higher diploma courses but not Masters courses; her plans to address the limitations with this scheme; and if she will make a statement on the matter. [1786/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The objective of the back to education allowance scheme is to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. The scheme covers courses of education from second level to Higher Diploma level in any discipline (level 8 in National Framework of Qualifications (NFQ)) and to a Graduate Diploma in Education (Primary and Secondary Teaching, level 9 in NFQ) which add significantly to a person’s employability. Other postgraduate qualifications (level 9 or level 10) are not included. The possession of qualifications at level 9 or above in the NFQ is not regarded as a prerequisite to re-entering the workforce. A small number of cases have arisen where a college has granted an exemption from the requirement to hold a primary degree and has admitted a person to a Master’s course on the basis of relevant life experience. In the context of the ongoing review of the operation of the scheme, it was decided to extend entitlement to BTEA in these instances on an exceptional basis. The focus of the back to education allowance is on providing assistance to the highest possible number of those in greatest need in terms of meeting the requirements of a modern labour market. People in possession of a third level qualification have already achieved a high level of academic attainment which should impact positively on their employment prospects. There are no immediate plans to extend the scheme to cover Master’s courses in general. The scheme will continue to be monitored in the light of the changed economic circumstance in order to ensure that it continues to meet its objectives.

Social Welfare Code. 109. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the action she is taking to progress the introduction of a unified means test. [1811/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department administers a number of social assistance schemes to meet the income support needs of certain people. The associated means tests are designed to reflect the particular circumstances of these individuals and their families as well as the different life cycle stages. Over the years, various developments in means testing have led to the system becoming complex and difficult for the individual to comprehend. The Department would wish to move to a simpler more unified approach to means testing, especially for those of working age. As a separate but related exercise, the Department is currently examining the feasibility of introducing a single social assistance payment for people of working age. The review will examine the rules and conditions, including the means testing rules, that currently apply and the various supports available to people of working age with a view to ascertaining how these could be rationalised in the context of a single payment to meet the objective of supporting people back to work, education and/or training and other development opportunities, as appropriate. It is expected that the feasibility report will be finalised by early 2010. An inter-departmental working group was established in March 2009, on foot of a recommendation in the Task Force Report Transforming Public Services, to undertake a detailed study on the feasibility and value of introducing mechanisms to simplify the provision of means

126 Questions — 19 January 2010. Written Answers information to all public bodies. This working group is chaired by a senior official of this Department. While the group is not examining a proposal for a unified means test, its work will include consideration of all possibilities in relation to simplifying and achieving other efficiencies across all public bodies with regard to means testing arrangements. The work of the group is progressing well.

Question No. 110 answered with Question No. 91.

Social Welfare Appeals. 111. Deputy Phil Hogan asked the Minister for Social and Family Affairs the average time it takes to process social welfare appeals; and if she will make a statement on the matter. [1684/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am informed by the Social Welfare Appeals Office that during 2009 the average time taken to process all appeals (i.e. those decided summarily and by way of oral hearing) was 24 weeks. However, if allowance was made for the 25% most protracted cases, the average time fell to 15.8 weeks. This represents an increase of 2 weeks in the time taken to process appeals when compared to 2008, but must be seen in the context of an increase of 46% in the number of appeals received during 2009. The processing time for appeals covers all phases of the appeal process including the submission by the Department of its comments on the grounds for the appeal, further examination by the Department’s Medical Assessors in certain illness related cases, further investigation by Social Welfare Inspectors where required and circumstances may also arise where further information is sought from the appellant. To deal with the increased workload being experienced by the Social Welfare Appeals Office, two additional Appeals Officers were appointed during the year. However, the Chief Appeals Officer and five experienced Appeals Officers retired during 2009. Although their positions have now been filled these retirements impacted on the processing of appeals. The matter of assigning additional Appeals Officers is kept under constant review but any consideration of extra assignments must be taken in the context of overall government policy on civil service numbers. I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.

Question No. 112 answered with Question No. 87.

Question No. 113 answered with Question No. 104.

Fuel Poverty. 114. Deputy Andrew Doyle asked the Minister for Social and Family Affairs if she has plans to develop a national fuel poverty strategy; and if she will make a statement on the matter. [1775/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department of Communications, Energy and Natural Resources, which has overarching responsibility for the energy portfolio, has convened an inter-departmental /agency group on affordable energy, to coordinate government policy in this area. The group comprises officials of the departments of

127 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] the Taoiseach, Communications, Energy and Natural Resources, Finance, Environment, Heri- tage and Local Government, Health and Children, Social and Family Affairs, the Commission for Energy Regulation, Sustainable Energy Ireland, the Institute of Public Health in Ireland and the ESB and Bord Gáis. Officials of the Department of Social and Family Affairs, that has responsibility for the fuel allowance and household benefits schemes, participate in the group and it is co-chaired by the Social Inclusion Division of the Department. The objective of the group’s work is to ensure shared understanding of the challenges and actions underway and to ensure a fully cohesive strategic approach to the delivery of affordable energy initiatives and programmes. The group has been asked to develop an affordable energy strategy encompassing the policies and initiatives required to improve energy affordability in Ireland. As part of its terms of reference the group will seek to identify an appropriate methodology for the measurement and reporting of energy poverty in Ireland and to assess the extent of energy poverty in Ireland. The group will commence its deliberations shortly with a view to finalising the strategy following a period of consultation.

Pension Provisions. 115. Deputy Kathleen Lynch asked the Minister for Social and Family Affairs when she will publish the national pensions framework. [1791/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): As Deputies are aware, the Green Paper on Pensions outlined the challenges facing the Irish pensions system in the years ahead, including the sustainability of the system over the longer term in light of demographic change and the adequacy of contribution levels and benefits. The consultation process which followed publication of the Green Paper reflected the wide range of views and interests held by individuals and organisations throughout the country. While there was no consensus on ways to respond to the challenges facing our pension system, it was clear that there were significant issues and problems that people wanted addressed. Since the Green Paper was published in October 2007, the economic environment has changed considerably and the Government need to ensure that any decisions we make in the pensions area will be robust enough to withstand the challenges which will arise in the future. We must make decisions now to ensure the adequacy of retirement incomes for this and future generations while, at the same time, develop a system which is affordable and sustainable for the State and for those who sponsor and provide pension schemes. In the past 18 months or so the Government has taken a number of steps to respond to the immediate difficulties facing pension scheme members, particularly members of defined benefit schemes. These include the establishment of a pensions insolvency payment scheme and a reordering of wind-up priorities so that, in any defined benefit wind-up situation, employees and former employees who have not yet retired may still receive a large proportion of their benefits. Legislation to support these measures was passed in the Social Welfare and Pensions Act 2009. The Government has also introduced provisions to allow for more flexible restructuring of pension benefits and stronger regulation regarding remittance of pension contributions. We have also protected people in receipt of the State Pension by retaining the rates of pension and other social welfare payments for older people in the recent Budget. The Government is aware that the wider and longer-term pensions policy issues require a comprehensive and co-ordinated response and we have been considering a number of options to address the challenges facing our pension system. Uncertainty in the economic climate has

128 Questions — 19 January 2010. Written Answers increased the complexity of the decisions we must make but it does not prevent or deter the Government from making these vitally necessary decisions. However, it does require us to give very careful consideration, and it is precisely because the development of the framework involves decisions on such a wide range of future and complex issues that we have been spending a considerable amount of time working on it. I hope to be in a position to publish the framework shortly.

Question No. 116 answered with Question No. 92.

Social Insurance. 117. Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs the action she is taking to deal with the eight month delaying in processing PRSI refund applications. [1781/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department endeavours to process applications for refunds of PRSI as efficiently as possible. However, the volume of applications for refunds of PRSI has increased dramatically in recent years; some 23,400 applications were received in 2009 compared to 14,000 in 2008 and 9,000 in 2007. The increased volume of applications has inevitably given rise to a delay in processing refund applications. In order to speed up the processing of refund applications, the processes and procedures in the section have been reviewed and appropriate changes implemented along with new technical supports. Furthermore, in December 2009, an additional five staff were assigned to the area on a temporary basis to help clear the number of applications on hand. The Department is also continuing to examine ways of making better use of modern technology, e.g. payment of refunds by electronic fund transfer, online applications and enhancement of the current calculation functionality. The additional staff, more streamlined processes and procedures and technical supports have already shown positive results. In December 2009, refunds were processed for about 265 applicants per week compared with about 160 per week in October and November 2009. With the implementation of further process improvements and technical supports, I am confident that further improvements will be made in the processing of applications for refunds.

Social Welfare Benefits. 118. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the steps she has taken or proposes to take to streamline and speed up the process of applications for various social welfare payments with particular reference to means testing and assessment with a view to eliminating concerns, anxiety and hardship for those who find themselves unemployed, ill or otherwise dependent on a social welfare payment; if her attention has been drawn to the procedures in place in some respects; if she will acknowledge the need for a prompt and caring response in such cases; and if she will make a statement on the matter. [1778/10]

813. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the steps she has taken to address the delays in the process of application for social welfare payments; and if she will make a statement on the matter. [2183/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Question No. 118 and 813 together. Every effort is made to process claims for social welfare payments as quickly as possible. Staff in the Department are aware of the concerns of claimants who find themselves in need

129 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] of a payment. Delays can occur in the processing of claims where additional information is required or where all documentation is not to hand. On means-tested schemes it may be necessary for the person to be visited in their home by a Social Welfare Inspector for the purpose of assessing the means and this can add to the time involved in finalising the claim. Cases involving self-employment or property (other than the family home) can also take longer to investigate. The Deputy will be aware of the particular difficulties presented due to the huge rise in unemployment in the past 18 months or so and the pressure this has brought to bear on the network of local offices and in the inspectorate. To alleviate some of this pressure since May 2008, some 400 extra staff have been assigned to local offices, new Central Support Units and the Departments Inspectorate. At the same time the Department has been examining all aspects of the work associated with the processing of claims and streamlining them wherever possible without, of course, compromising scheme controls. One of these streamlining initiatives, which is being trialled at present, relates to customers who are applying for jobseeker’s allowance on the termination of their jobseeker’s benefit entitlement. In any of these cases where there are no elements of self-employment or property involved in the means assessment, the person will self-certify the various components of their means and a decision will be made by the Deciding Officer without the need to refer the claim to an Inspector. As a control measure a certain proportion of these claims will be selected at random and will be referred to an inspector for verification of the declaration of means. It is expected that this initiative will be rolled out to the network of local offices in the coming months. In the State Pension Non-Contributory area a desk assessment process has been introduced whereby claims are processed and decided based on the information provided by the customer on their application form. This initiative has removed the requirement on Social Welfare Inspectors to investigate all claims and has led to a reduction in processing times for claims received under the scheme. Over the past year some 40% of all claims for State Pension have been fully processed by desk assessment. It is hoped to extend this initiative to other means-tested schemes. Anyone who is under financial pressure while awaiting a decision on their claim can apply for Supplementary Welfare Allowance from the Community Welfare Officer which is subject to a means test and other qualifying condition.

Question No. 119 answered with Question No. 87.

Public Service Identity Cards. 120. Deputy Deirdre Clune asked the Minister for Social and Family Affairs the details on the public service card with photo ID to be rolled out from 2010; and if she will make a statement on the matter. [1659/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Legislative provisions in relation to the introduction of the Public Service Card have been included in Section 263 of the Social Welfare Consolidation Act 2005 (as amended by Section 32 of the Social Welfare and Pensions Act 2007). These specify that the Minister for Social and Family Affairs may issue a Public Service Card in the format that she deems fit, with the person’s name, personal public service number, photograph, signature, card issue number and card expiry date to be inscribed on the card. Provision is also included for the person’s name, personal public service number, date of birth, sex, all former surnames (if any) of the person’s mother, photograph, signature and card expiry

130 Questions — 19 January 2010. Written Answers date to be electronically encoded on the card. In addition, provision is made for any other information that may be prescribed to be either inscribed or electronically encoded on the card. There is still a number of outstanding parts of the project that need to be undertaken. Decisions regarding the final design of the card will be taken as part of this process. It will be necessary to develop a technical infrastructure within the Department to support the management and administration of the cards. Procurement for this development has just commenced. In addition, the managed service provider has significant preparatory work to undertake. For example it will be necessary to develop a secure site for the personalisation of the cards. These processes are expected to take several months to complete and, accordingly, it is not anticipated that cards will begin to issue before the latter half of this year.

Social Welfare Benefits. 121. Deputy Michael D’Arcy asked the Minister for Social and Family Affairs the estimated number of families eligible for the family income supplement; the number of families in receipt of the family income supplement; her views on the low uptake of the family income supplement; and if she will make a statement on the matter. [1667/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Family Income Sup- plement is designed to provide support for people with families who are on low earnings. This preserves the incentive for them to remain in employment in circumstances where they might only be marginally better off than if they were claiming other social welfare payments. FIS is a central element of a programme of reforms targeted specifically at addressing child poverty. There are currently some 25,963 people in receipt of a weekly FIS payment. In 2009 the Department received 46,542 new and renewal FIS claims compared to 42,940 in 2008 and 37,861 in 2007 — an increase of over 8% on 2008 and over 22% on 2007. With regard to the level of take up, it is not possible to estimate from administrative sources the number of families who would be eligible but do not apply for their FIS entitlements. Accordingly the department completed a research project in 2008 to examine factors behind the level of take up for the scheme. This research project included a survey of over 3,000 families which appeared to satisfy conditions for receipt of FIS. From over 1,000 valid responses received the survey identified that only 23% might actually be eligible. The research also found that overall awareness of Family Income Supplement among potential recipients is high with nearly three in four claiming to have heard of the scheme. Despite high levels of awareness, there was a lack of awareness and understanding of the eligibility requirements with only one in three claiming to be aware of the qualifying criteria for FIS. The report recommends that the Department needs to ensure that information about the scheme is advertised in a focused way with the eligibility and qualification criteria communicated as clearly as possible. The Department is addressing this by ensuring such information is highlighted as part of its ongoing information strategy.

Social Welfare Code. 122. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the methodology used to determine whether partnership exists or is established to qualify for widows, widowers or old age pension entitlement in respect of the surviving partner or spouse in the case of the self employed with particular reference to those who have made contributions in respect of one or both partners over a ten year period; if her attention has been drawn to the

131 Questions — 19 January 2010. Written Answers

[Deputy Bernard J. Durkan.] number of such persons who do not qualify; if she intends to ease the qualification entitlements with a view to ensuring that the surviving partner will in all cases qualify for widows, widowers or old age pension even when self employed contributions were made in respect of one person only; and if she will make a statement on the matter. [1777/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Spouses who operate in a commercial partnership may be brought into the social insurance system, subject to meeting some of the general criteria outlined as follows:

• There is a written partnership agreement

• Each partner writes cheques on the business accounts in their own right

• There is a joint business account

• It is apparent to those doing business with the partnership that a partnership exists

• Business accounts and activities are in joint names of the partners

• Each partner makes a significant contribution to the running of the business

• The business is owned jointly by the partnership

• The profits and losses of the partnership are shared by each partner

• The business stationery reflects the existence of a partnership.

Applications received in Scope Section are forwarded to Social Welfare Inspectors who interview the parties concerned and report back to Scope Section. A Deciding Officer subsequently issues a formal decision on whether a partnership exists or not. To date, of 579 applications finalised, 508 cases have been approved. When approved, both spouses may incur a liability to pay self-employed PRSI contributions and must discharge their liability before the contributions can be awarded. The person(s) concerned can then apply for pension or benefit in the normal way. Widows and widowers can qualify for one of a number of different schemes depending on their particular circumstances. The widow(er)’s contributory pension is available to those who satisfy the necessary PRSI contribution conditions, either on their own record or that of the deceased spouse and, therefore, there are no disqualifications from entitlement to pension where relevant PRSI contribution conditions are satisfied. In relation to the widow’s contributory pension, the pension is automatically awarded, provided all other qualifying conditions are satisfied, where the late spouse was in receipt of either a state pension (transition or contributory) which included an increase for a dependent spouse (or would have but for the fact that the spouse was in receipt of state pension non-contributory, blind pension or carer’s allowance). While there are no plans to further ease the qualifying conditions at present, any further reforms to the state pension (contributory) will be addressed in the forthcoming national pensions framework. To qualify for a state pension (contributory), a number of minimum qualifying conditions must be met. A person must have at least 260 paid social insurance contributions, a yearly average of at least 10 contributions paid or credited since entry into social insurance, and must

132 Questions — 19 January 2010. Written Answers have entered social insurance at least 10 years before state pension age. In addition, self employed contributors must have a minimum of one year’s paid self employed contributions before reaching age 66 and have all self-employed liability, payable by them paid. From 6 April 2012, a minimum of 520 paid contributions will be required. These conditions have been designed to ensure that those qualifying for payment have an adequate and sustained history of contributions to the social insurance fund over their working lives. The requirements for minimum pensions have been eased over the years and a number of special pensions were introduced.

Job Facilitators. 123. Deputy Jim O’Keeffe asked the Minister for Social and Family Affairs the number of job facilitators; the average waiting times to access support from a job facilitator; and if she will make a statement on the matter. [1723/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The number of facilitators currently in place is 63. It is envisaged that this number will increase to 70 in the coming months. The facilitator service is available locally to all social welfare recipients via the local network. Facilitators are assigned to cover a geographical area. They hold open clinics and meet with people who have been referred either by the social welfare local office, the employment support section or by other agencies. In the current economic climate the demand for the facilitator service is elevated. Actual waiting times for individual facilitators, which vary nationwide, are not available. An appointment can be made by contacting the facilitators directly or via the appropriate local office. Facilitators make every effort to contact customers as quickly as possible.

Question No. 124 answered with Question No. 85.

Question No. 125 answered with Question No. 97.

Social Welfare Code. 126. Deputy Seán Sherlock asked the Minister for Social and Family Affairs the reason the back to education allowance does not cover participants in the labour market activation programme; if her attention has been drawn to the fact that participants who start a course in receipt of jobseeker’s benefit but who subsequently move to jobseeker’s allowance at a reduced rate are faced with financial hardship particularly when they have dependants; if her further attention has been brought to the fact that there is no cost of attendance allowance; and if she will immediately review the terms of the scheme. [1805/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department’s back to education programme includes the back to education allowance (BTEA) and the part-time education option (PTEO). The back to education allowance is a second chance educational opportunities scheme for people on welfare payments who wish to participate in full time education and who would not other wise be able to do so. The allowance is paid at a standard weekly rate equivalent to the maximum rate of the social welfare payment that qualifies the applicant for the scheme. In addition, an annual cost of education allowance of €500 is payable. In a joint initiative announced last year between the Department of Enterprise, Trade and Employment, the Department of Education and Science and the Higher Education Authority, 1,500 part-time undergraduate places and 1,000 part-time postgraduate places are being pro-

133 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] vided to people who are unemployed and on the live register for at least 6 months or have an entitlement to statutory redundancy. A jobseeker who wishes to participate in a part-time course may do so under the Depart- ment’s part-time education option (PTEO). Participants may continue to receive their existing social welfare entitlements provided they continue to satisfy all the existing terms and conditions of their jobseeker scheme including availability for work. Approval to undertake a course must be obtained in advance from the local social welfare office. Participation in a part-time course does not attract any increase in the rate of payment, a cost of education allowance or any extension of the payment period. A participant whose entitlement to jobseeker’s benefit ceases during the period on the course is eligible to apply for jobseeker’s allowance, entitlement to which is based on a means-test. Someone who qualifies for that allowance at reduced rate would therefore have existing assessable means. In such a case, the combination of the existing means and the reduced rate of jobseeker’s allowance awarded would normally exceed the rate payable to a participant who qualifies for maximum rate of jobseeker’s allowance. The back to education programme will continue to be monitored in the light of changing economic circumstances to ensure that it continues to meet its objectives.

Question No. 127 answered with Question No. 96.

Question No. 128 answered with Question No. 102.

Social Insurance. 129. Deputy Joan Burton asked the Minister for Social and Family Affairs the action she is taking to improve the recovery rate of employer PRSI arrears. [1783/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Contributions due to the Social Insurance Fund are collected in the main by the Revenue Commissioners, together with income tax due. The Department’s Inspectorate, appointed under Section 250 of the Social Welfare (Consolidation) Act 2005 is responsible, inter alia, for ensuring that employers and self employed people comply with the Act in relation to Pay Related Social Insurance contributions. Employer compliance, in this regard is monitored through inspections which include detailed examinations of employers’ records to ensure that correct PRSI payments are being made in respect of all employees. In addition, any irregularity in a customer’s PRSI record detected at claim processing stage or reported directly by the customer, is referred to the Inspectorate for follow up action. The Department currently employs some 403 Social Welfare Inspectors throughout the country whose duties involve the investigation of eligibility to a broad variety of means tested schemes, as well as ensuring compliance by employers in regard to PRSI matters. Of the 403 Inspectors 86 are assigned to the Department’s Special Investigation Unit and also work with the Revenue and the E.T. & E. Inspectorate in carrying out joint investigations of employment records of employers. Employer inspections carried out by the Department’s Inspectorate are comprehensive and involve:

134 Questions — 19 January 2010. Written Answers

• detailed examination of employer records to ensure that accurate records of employees are being maintained and that correct PRSI payments are being made in respect of all their employees and that the correct PRSI class is being applied;

• checks to ensure that employees are not concurrently working and claiming social welfare payments;

• outlining employers responsibilities with regard to Social Welfare legislation and where Revenue staff are part of the inspection team, tax legislation;

• general advice and information to employers on matters such as the operation of the PRSI system, incentives available to employers, the correct classes of contributions, employees’ entitlements etc.

Where PRSI undercharges are established, the Inspector sets out PRSI arrears/underpayment in respect of each employee for each tax year and issues a demand to the employer for payment. Should the employer fail to respond satisfactorily, a statutory demand will issue by registered post and the employer given 14 days to respond. If the employer fails to respond the case is considered for prosecution. The Department is committed to delivering an effective and efficient regime of employer inspections, and ensuring that PRSI deductions and remittances are made in an accurate and timely manner.

Social Welfare Benefits. 130. Deputy Joe Costello asked the Minister for Social and Family Affairs her plans to temporarily increase the rate of fuel allowance to offset the significant increase in fuel costs during the recent prolonged cold weather. [1784/10]

723. Deputy Róisín Shortall asked the Minister for Social and Family Affairs her plans to use the increased VAT revenues arising from increased fuel consumption during the recent prolonged cold weather to provide a once off increase in fuel allowance to poor families. [2064/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 130 and 723 together. The Department’s role is to assist social welfare recipients with heating costs, both through their basic payments and through the fuel allowance scheme and the household benefits package of electricity and gas allowances. The national fuel allowance scheme assists householders on long-term social welfare or health service executive (HSE) payments with meeting the cost of their heating needs during the winter season. The allowance represents a contribution towards a person’s normal heating expenses. It is not intended to meet those costs in full. Fuel allowance is payable for 32 weeks a year. The standard allowance is €20 a week while the rate in smokeless zones is €23.90 a week. The scheme benefits almost 318,000 people a year at an estimated cost of €217 million in 2009. Electricity and gas allowances under the household benefits package, are payable throughout the year to almost 380,000 pensioners, people with disabilities, and carer households towards their heating, light and cooking costs at an estimated cost of €200m in 2009. The electricity

135 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] allowance covers standing charges plus VAT and up to 2,400 units of electricity in each billing period. The gas allowance covers a cash equivalent amount. Up to 30% of customers availing of the electricity allowance consistently carry forward unused units to the next billing period. The supplementary welfare allowance scheme, administered by community welfare officers, can be used to assist people in certain circumstances with specific heating needs due to infirmity or a particular medical condition. Heating needs can also be met under the exceptional needs payments provisions of the scheme where a person is unable to meet such needs out of his/her resources. Eligible people would normally be in receipt of a social welfare or health service executive payment. Since the onset of the adverse weather conditions, community welfare officers have provided assistance to people to purchase additional fuel, heaters and clothing and also towards the payment of heating bills and for repairs arising from burst pipes. Over €72,000 has been paid out since 1 January 2010 in respect of such claims. Assistance will continue to be provided towards the payment of heating bills for those in need. The exceptional needs payments scheme is considered to be the appropriate response to heating needs arising from the recent cold weather. Community welfare officers are best placed to deal with the situation having local knowledge and taking individual circumstances into account. An increase in the fuel allowance, irrespective of need, would have significant cost implications and would have to be considered in the light of resources available for improvements in social welfare payments generally.

Commission on Taxation. 131. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs if she has completed her deliberations and her conclusions on the Commission on Taxation report. [1810/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Commission on Tax- ation’s report directly addresses a number of areas within my Department’s broad area of responsibility, most notably in relation to the social insurance system, the taxation of retirement savings and social welfare benefits including Child Benefit. Given the very diverse nature of the issues which arise, I do not intend at this stage to present a single set of detailed conclusions around the relevant Commission’s recommendations. I envisage that the proposals of the Commission will be considered on an ongoing basis in the light of emerging policy in these areas. For instance, in relation to retirement savings, the pension elements of the Commission on Taxation report are being considered in the context of the development of the National Pensions Framework. In relation to Com- mission’s recommendation in relation to the taxation of Child Benefit, the Government decided not to tax this payment in the recent Budget.

Employment Statistics. 132. Deputy Michael McGrath asked the Taoiseach the number of persons in employment in the public sector and in the private sector, including persons working part-time. [1054/10]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The table shows the estimated numbers of full-time and part-time employees in the public and private sectors

136 Questions — 19 January 2010. Written Answers in the second quarter of 2009, the latest period for which information is available. The figures are based on the Earnings, Hours and Employment Costs Survey (EHECS). As this is a survey of enterprises, persons with more than one job may be counted twice in the figures but the effect of this on the estimates is expected to be very low. The EHECS figures do not include self-employed persons or enterprises with less than three employees. Estimates from the quarterly national household survey indicate that there were 330,000 self employed persons in the state in the second quarter of 2009, in addition to the number of employees given in the table.

Persons in Full-time and Part-time employment by Sector, Quarter 2 20091

Full-time Part -time Apprentices Total

Total Private Sector 880,200 338,700 29,300 1,248,200 Total Public Sector 331,700 83,300 3,300 418,300 1Results for Quarter 2 2009 are subject to revision.

133. Deputy Michael McGrath asked the Taoiseach the number of employees who work in businesses with fewer than ten employees. [1055/10]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The latest annual Business Demography statistics were published in June 2009 with respect to the year 2007. In 2007 there were 254,679 persons employed in active enterprises with less than 10 employees. Business Demography coverage is limited to NACE Rev 1.1 sectors C — K and does not include the non-traded service sectors or other community, social and personal services.

Employees in Active Enterprises with less than 10 employees

Employees in Active Enterprises (Number) 2006 2007

NACE sectors (C, D, E, F, G, H, I, K) 250,091 254,679 Mining and quarrying (C) 462 486 Manufacturing (D) 15,560 15,874 Electricity, gas, and water supply (E) 190 207 Construction (F) 70,798 72,084 Wholesale and retail trade; repair of motor vehicles, motorcycles and 68,788 69,222 personal household goods (G) Hotels and restaurants (H) 24,771 25,205 Transport, storage and communication (I) 11,752 12,123 Real estate, renting and business activities (K) 57,770 59,478 *NACE code 74.15 Activities of holding companies is excluded from sector K.

Departmental Staff. 134. Deputy Paul Kehoe asked the Taoiseach the number of constituency staff working for the Ministers of State in his Department in 2008 and 2009; and the cost involved. [47935/09]

The Taoiseach: The number of whole time equivalent staff in the constituency office of the Government Chief Whip and Minister of State in my Department in 2008 and 2009 was 4. The total salaries including overtime and allowances paid to staff in the constituency office was €200,078 and €166,769 in 2008 and 2009 respectively. 137 Questions — 19 January 2010. Written Answers

[The Taoiseach.]

The Minister of State for European Affairs does not have a constituency office in my Department.

Disability Statistics. 135. Deputy Phil Hogan asked the Taoiseach if he will consider the inclusion of a question in the 2011 census in order to fill a void in the statistics that relates to the disability autism or autistic spectrum disorder; and if he will make a statement on the matter. [47936/09]

149. Deputy Ciarán Cuffe asked the Taoiseach when the content of the Central Statistics Office census 2011 is expected to be approved by him; the interdepartmental procedure for compiling such content; his views on the inclusion of autistic spectrum disorder as a category question; and if he will make a statement on the matter. [48497/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I propose to take Questions Nos. 135 and 149 together. The Government at its meeting on 11 December 2009 agreed to the topics to be included in the questionnaire for the 2011 census. As part of the preparatory work for the 2011 census the CSO conducted a public consultation by inviting members of the public and various interest groups to make submissions on the topics to be covered, and on the outputs to be produced. A notice to this effect was published in the national press in September 2008 seeking submissions, and all government departments were contacted for their input. A Census Advisory Group was set up in Autumn 2008 to consider the submissions received and advise on the questions to be tested in a pilot survey planned to be carried out in April 2009. The Census Advisory Group was representative of central and local government, the social partners, universities, research bodies and other users of census data along with the relevant CSO personnel. Over 90 submissions covering 31 topics were received in total, among them submissions on the subject of disability, and in particular on the subject of autism. A specific sub-group was convened to consider the disability questions on the census form. This sub-group was composed of representatives from the National Disability Authority, the Equality Authority, the Dis- ability Federation of Ireland and the National Federation of Voluntary Bodies. The proposal to list specific disabilities within the disability question, namely to make specific reference to autistic spectrum disorder, or downs syndrome, in the category ‘A learning or intellectual disability’ was considered at the second meeting of the group. The group concluded that it would not be appropriate, nor would there be enough room on the census form, to list all individual disabilities. However, in order to go some way towards accommodating this request the existing (2006) category ‘A learning or intellectual disability’ was split into two categories ‘An intellectual disability’ and separately ‘A difficulty with learning, remembering or concentrating’ for testing in the pilot survey. The group felt that this approach narrowed the categories and thus helped address the issue of autism, while allowing the question to remain as inclusive as possible. The new wording of the disability questions which were tested in the Census Pilot Survey in April 2009 were as follows:

138 Questions — 19 January 2010. Written Answers

Census Pilot Survey 2009 — wording of Disability questions (Form B)

14 Do you have any of the following long-lasting conditions or difficulties?

(a) Blindness or a serious vision impairment Yes No cc

(b) Deafness or a serious hearing impairment Yes No cc

(c) A difficulty with basic physical activities such as walking, Yes No climbing stairs, reaching, lifting or carrying cc

(d) An intellectual disability Yes No cc

(e) A difficulty with learning, remembering or concentrating Yes No cc

(f) A psychological or emotional condition Yes No cc

(g) A difficulty with pain, breathing, or any other chronic illness Yes No or condition cc

15 If ‘Yes’ to any of the categories specified in Question 14, do you have any difficulty in doing any of the following?

(a) Dressing, bathing or getting around inside the home Yes No cc

(b) Going outside the home alone to shop or visit a doctor’sYesNo surgery cc

(d) Participating in other activities, for example leisure or using Yes No transport cc

Live Register. 136. Deputy Paul Kehoe asked the Taoiseach the number of persons unemployed on 1 January 2007 to 31 December 2007 in each district office (details supplied); and if he will make a statement on the matter. [48233/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Live Register series gives a monthly breakdown of the number of people claiming Jobseeker’s Benefit, Job- seeker’s Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and local social welfare office. The table contains monthly Live Register information for each local social welfare office in County Wexford, from January 2007 to December 2007 inclusive. It should be noted that the Live Register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to Jobseeker’s Benefit or Allowance.

139 Questions — 19 January 2010. Written Answers

[Deputy Pat Carey.] Persons on the Live Register (Number) County Wexford by Local Office, January — December 2007

County Date Total Persons

Wexford County Jan-07 6,889 Feb-07 6,868 Mar-07 6,724 Apr-07 6,587 May-07 6,440 Jun-07 6,730 Jul-07 7,060 Aug-07 7,002 Sep-07 6,705 Oct-07 6,706 Nov-07 7,042 Dec-07 7,511

Enniscorthy Jan-07 1,722 Feb-07 1,738 Mar-07 1,736 Apr-07 1,721 May-07 1,713 Jun-07 1,792 Jul-07 1,843 Aug-07 1,879 Sep-07 1,797 Oct-07 1,832 Nov-07 1,876 Dec-07 1,930

Gorey Jan-07 1,234 Feb-07 1,236 Mar-07 1,247 Apr-07 1,214 May-07 1,205 Jun-07 1,253 Jul-07 1,326 Aug-07 1,323 Sep-07 1,244 Oct-07 1,205 Nov-07 1,268 Dec-07 1,319

New Ross Jan-07 1,208 Feb-07 1,255 Mar-07 1,207 Apr-07 1,189 May-07 1,163 Jun-07 1,281 Jul-07 1,367 Aug-07 1,319

140 Questions — 19 January 2010. Written Answers

County Date Total Persons

Sep-07 1,277 Oct-07 1,276 Nov-07 1,324 Dec-07 1,403

Wexford Jan-07 2,725 Feb-07 2,639 Mar-07 2,534 Apr-07 2,463 May-07 2,359 Jun-07 2,404 Jul-07 2,524 Aug-07 2,481 Sep-07 2,387 Oct-07 2,393 Nov-07 2,574 Dec-07 2,859

137. Deputy Paul Kehoe asked the Taoiseach the number of persons aged under 25 years unemployed each month from 1 January 2008 to 31 December 2008 for each district social welfare office (details supplied); the gender of each person unemployed; and if he will make a statement on the matter. [48234/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Live Register series gives a monthly breakdown of the number of people claiming Jobseeker’s Benefit, Job- seeker’s Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and local social welfare office. The table contains monthly Live Register information for those aged under 25 in each local social welfare office in County Limerick by gender, from January 2008 to December 2008 inclusive. It should be noted that the Live Register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to Jobseeker’s Benefit or Allowance.

Persons under 25 on the Live Register (Number) County Limerick by Local Office, Month and Sex, January- December 2008

Month1 Males Under 25 Females Under Total Persons years 25 years Under 25 years

Limerick County Jan-08 1,169 716 1,885 Feb-08 1,272 728 2,000 Mar-08 1,348 763 2,111 Apr-08 1,342 736 2,078 May-08 1,423 815 2,238 Jun-08 1,573 935 2,508 Jul-08 1,600 1,010 2,610 Aug-08 1,737 1,091 2,828 Sep-08 1,718 1,045 2,763 Oct-08 1,753 1,014 2,767

141 Questions — 19 January 2010. Written Answers

[Deputy Pat Carey.] Month1 Males Under 25 Females Under Total Persons years 25 years Under 25 years

Nov-08 1,905 1,074 2,979 Dec-08 2,082 1,147 3,229

Kilmallock Jan-08 127 82 209 Feb-08 131 74 205 Mar-08 137 75 212 Apr-08 144 74 218 May-08 167 77 244 Jun-08 199 103 302 Jul-08 197 101 298 Aug-08 210 97 307 Sep-08 214 101 315 Oct-08 229 101 330 Nov-08 266 102 368 Dec-08 285 114 399

Limerick City Jan-08 879 521 1,400 Feb-08 954 544 1,498 Mar-08 1,008 582 1,590 Apr-08 1,002 551 1,553 May-08 1,051 619 1,670 Jun-08 1,157 699 1,856 Jul-08 1,177 763 1,940 Aug-08 1,277 837 2,114 Sep-08 1,263 796 2,059 Oct-08 1,279 767 2,046 Nov-08 1,380 809 2,189 Dec-08 1,491 858 2,349

Newcastle West Jan-08 163 113 276 Feb-08 187 110 297 Mar-08 203 106 309 Apr-08 196 111 307 May-08 205 119 324 Jun-08 217 133 350 Jul-08 226 146 372 Aug-08 250 157 407 Sep-08 241 148 389 Oct-08 245 146 391 Nov-08 259 163 422 Dec-08 306 175 481

1State figures for October to December 2008 have been revised but revisions have not yet been applied to data contained in this table.

138. Deputy Paul Kehoe asked the Taoiseach the number of persons who were unemployed on 1 January 2007 to 31 December 2007 in each district office (details supplied); and if he will make a statement on the matter. [48235/09] 142 Questions — 19 January 2010. Written Answers

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Live Register series gives a monthly breakdown of the number of people claiming Jobseeker’s Benefit, Job- seeker’s Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and local social welfare office. The table contains monthly Live Register information for each local social welfare office in County Limerick, from January 2007 to December 2007 inclusive. It should be noted that the Live Register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to Jobseeker’s Benefit or Allowance.

Persons on the Live Register (Number) County Limerick by Local Office, January-December 2007

Total Persons All Ages

Limerick County Jan-07 7,278 Feb-07 7,375 Mar-07 7,252 Apr-07 7,227 May-07 7,243 Jun-07 7,967 Jul-07 8,421 Aug-07 8,362 Sep-07 7,395 Oct-07 7,286 Nov-07 7,630 Dec-07 8,236

Kilmallock Jan-07 871 Feb-07 871 Mar-07 821 Apr-07 855 May-07 828 Jun-07 884 Jul-07 928 Aug-07 937 Sep-07 822 Oct-07 814 Nov-07 872 Dec-07 976

Limerick City Jan-07 5,347 Feb-07 5,434 Mar-07 5,362 Apr-07 5,338 May-07 5,400 Jun-07 6,020 Jul-07 6,349 Aug-07 6,282 Sep-07 5,526 Oct-07 5,468 Nov-07 5,704 Dec-07 6,123

143 Questions — 19 January 2010. Written Answers

[Deputy Pat Carey.] Total Persons All Ages

Newcastle West Jan-07 1,060 Feb-07 1,070 Mar-07 1,069 Apr-07 1,034 May-07 1,015 Jun-07 1,063 Jul-07 1,144 Aug-07 1,143 Sep-07 1,047 Oct-07 1,004 Nov-07 1,054 Dec-07 1,137

Departmental Staff. 139. Deputy Michael D’Arcy asked the Taoiseach the number of staff employed by his Department on 1 January 2009; the number of staff employed by his Department on 10 December 2009. [48236/09]

147. Deputy George Lee asked the Taoiseach the number of Civil Service staff in his Depart- ment; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48319/09]

163. Deputy Joan Burton asked the Taoiseach the number of whole time equivalents serving in his Department in the grades of Secretary General, Deputy Secretary General, Assistant Secretary General, higher principal officer, principal officer, higher assistant principal officer, assistant principal officer, higher executive officer, executive officer, staff officer and clerical officer on 1 January 1998, 1 January 2007 and the latest date for which figures are available. [1953/10]

The Taoiseach: I propose to take Questions Nos. 139, 147 and 163 together. Statistics in relation to whole-time equivalent staff numbers in my Department are compiled at the end of each calendar month. On 31st December 2008, there were 211.96 whole-time equivalent staff in my Department, while on 31st December 2009, there were 198.1 whole-time equivalent staff in my Department, that is 13.86 fewer whole-time equivalent staff of year end. It is not possible to give an accurate breakdown for the grades requested who were serving in my Department on 1st January 1998. The earliest records held in my Department in the format requested only go back to 2000. The information requested in relation to the grades who were serving on 31st December, 2001, 31st December 2006 and 31st December, 2009 is set out in the table.

Grade Number of WTEs Number of WTEs Number of WTEs serving on 31st serving on 31st serving on 31st December, 2000 December, 2006 December 2009

Secretary General 2.0 2.0 1.0 Deputy Secretary 0.0 0.0 0.0

144 Questions — 19 January 2010. Written Answers

Grade Number of WTEs Number of WTEs Number of WTEs serving on 31st serving on 31st serving on 31st December, 2000 December, 2006 December 2009

Assistant Secretary 5.0 4.0 5.0 Principal Officer (higher) 6.0 9.5 5.6 Principal Officer (standard) 2.0 3.0 10 Assistant Principal (higher) 16.0 18.8 9.65 Assistant Principal (standard) 2.5 6.4 12.6 Higher Executive Officer 17.5 24.4 22 Executive Officer 11.5 23.8 22.6 Staff Officer 10.5 9.0 9.93 Clerical Officer 46.0 48.6 41.1

While a number of staff in my Department hold primary degrees and post graduate qualifications in a range of subjects, including economics, the specific information requested by the Deputy is not available.

Live Register. 140. Deputy Paul Kehoe asked the Taoiseach the number of persons aged under 25 years who were unemployed each month from 1 January 2008 to 31 December 2008 for each district social welfare office (details supplied); the gender of each person unemployed; and if he will make a statement on the matter. [48237/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Live Register series gives a monthly breakdown of the number of people claiming Jobseeker’s Benefit, Job- seeker’s Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and local social welfare office. The table contains monthly Live Register information for those aged under 25 in each local social welfare office in County Wexford by gender, from January 2008 to December 2008 inclusive. It should be noted that the Live Register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to Jobseeker’s Benefit or Allowance. It should be noted that the Live Register includes only those aged 17 years and over.

Persons aged under 25 on the Live Register (Number)in County Wexford by Local Office, Gender and Month, January-December 2008

Month1 Males Under 25 Females Under Total Persons years 25 years Under 25 years

Total Wexford County Jan-08 1,099 707 1,806 Feb-08 1,149 751 1,900 Mar-08 1,198 746 1,944 Apr-08 1,190 724 1,914 May-08 1,273 747 2,020 Jun-08 1,403 823 2,226 Jul-08 1,448 916 2,364 Aug-08 1,490 948 2,438 Sep-08 1,484 906 2,390 Oct-08 1,563 950 2,513 Nov-08 1,707 994 2,701 Dec-08 1,854 1,005 2,859

145 Questions — 19 January 2010. Written Answers

Month1 Males Under 25 Females Under Total Persons years 25 years Under 25 years

Enniscorthy Jan-08 310 193 503 Feb-08 317 193 510 Mar-08 327 195 522 Apr-08 345 189 534 May-08 361 195 556 Jun-08 407 222 629 Jul-08 436 256 692 Aug-08 437 268 705 Sep-08 432 244 676 Oct-08 443 249 692 Nov-08 479 250 729 Dec-08 511 250 761

Gorey Jan-08 196 105 301 Feb-08 193 126 319 Mar-08 215 127 342 Apr-08 208 128 336 May-08 216 131 347 Jun-08 244 150 394 Jul-08 261 174 435 Aug-08 267 174 441 Sep-08 266 158 424 Oct-08 284 173 457 Nov-08 295 184 479 Dec-08 324 183 507

New Ross Jan-08 183 140 323 Feb-08 192 151 343 Mar-08 206 147 353 Apr-08 204 140 344 May-08 229 143 372 Jun-08 245 160 405 Jul-08 241 179 420 Aug-08 268 185 453 Sep-08 256 173 429 Oct-08 274 172 446 Nov-08 298 179 477 Dec-08 335 181 516

Wexford Jan-08 410 269 679 Feb-08 447 281 728 Mar-08 450 277 727 Apr-08 433 267 700 May-08 467 278 745 Jun-08 507 291 798 Jul-08 510 307 817 Aug-08 518 321 839 Sep-08 530 331 861 Oct-08 562 356 918 Nov-08 635 381 1,016 Dec-08 684 391 1,075 1State figures for October to December 2008 have been revised but revisions have not yet been applied to data contained in this table. 146 Questions — 19 January 2010. Written Answers

Departmental Agencies. 141. Deputy Ruairí Quinn asked the Taoiseach the breakdown, by programme, agency or other institution, of the programme changes that will be made by his Department to achieve the savings estimated for his Department in budget 2010; and if he will make a statement on the matter. [48238/09]

159. Deputy Richard Bruton asked the Taoiseach the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1262/10]

The Taoiseach: I propose to take Questions Nos. 141 and 159 together. The total allocation for my Department in the Estimates set out in the Budget Book for 2010 is €28,818 million. This is an overall decrease of 11.8% on the 2009 Revised Estimate allocation. The following table details the programme changes to achieve the savings by my Department in the 2010 budget.

Agency/Programme Savings Description Achieved

€000

NESDO* 1,205 Expenditure reduction as a result of a review informed by the Value for Money Report Commemoration Initiatives 70 Forum for Peace and Reconciliation 5 Subhead closed Tribunal of Inquiry (Dunnes Payments) 1 Subhead closed National Forum on Europe 360 Discontinued as a result of the 2009 Supplementary Budget Newfoundland and Labrador Business 300 Future work will be supported by existing staff Partnership* within my Department Commission of Investigation 1 Subhead closed Active Citizenship Office* 56 Future work will be supportd by existing staff within my Department

Total Savings 1,998 *Covered by the Report of the Special Group on Public Numbers and Expenditure Programmes, whose recommendations were taken into account.

Smart Economy. 142. Deputy Ruairí Quinn asked the Taoiseach the actions taken by him to implement the proposals set out in Building Ireland’s Smart Economy; and if he will make a statement on the matter. [48239/09]

148. Deputy Ruairí Quinn asked the Taoiseach the actions taken by him to implement the proposals set out in Building Ireland’s Smart Economy; and if he will make a statement on the matter. [47883/09]

The Taoiseach: I propose to take Questions Nos. 142 and 148 together. The Government’s Smart Economy Framework for sustainable economic renewal was produced in December 2008. Implementation is the responsibility of relevant Ministers but is 147 Questions — 19 January 2010. Written Answers

[The Taoiseach.] overseen by the Cabinet Committee on Economic Renewal, which I chair. Some examples include:

• market testing of the Innovation Fund proposed is currently being undertaken by the NTMA, testing the best way to design the Fund with venture capital companies and other stakeholders;

• tax changes to support the Smart Economy include an improved R&D tax credit, new tax arrangements for IP, tax incentives for start-up companies and to encourage venture capital companies to locate in Ireland;

• the Innovation Alliance announced by Trinity and UCD to create a critical mass of research activity and dramatically increase the commercialisation of research outputs;

• major new technology initiatives to support the Smart Economy including, development of a new International Content Services Centre and making Ireland the leading location for energy efficient data centres, like the Microsoft Centre I opened last September;

• a smart metering initiative is being rolled out and there is an electric vehicles plan to have 10% of all vehicles powered by electricity by 2020. Progress is also being made towards our ambitious renewable energy target of 40% by 2020, including investment in new ocean wave technology research;

• the Green Enterprise Group has reported with detailed proposals for the creation of new jobs and businesses in the Greentech area. As a result of that report, we are pressing ahead with ideas like the Green IFSC and Green Enterprise Zones; and the home insulation initiative which delivered in over 30,000 homes in 2009 is being increased dramatically with new funding for 2010.

• a review of our Capital Programme to realign our capital investment — which is still over 5% of GNP — with the goals of the Smart Economy has been undertaken and as a result we will invest over €600m in the Strategy for Science, Technology and Innovation this year, even at a time of great budgetary pressure.

The Smart Economy Framework is a comprehensive strategy, covering not just innovation and R&D, but all aspects of our economic renewal strategy. The Government expects to publish an overall progress report within the next month. Responsibility for individual measures rests with relevant Ministers, to whom any specific questions should be directed.

Departmental Agencies. 143. Deputy Richard Bruton asked the Taoiseach the number of agencies under his remit who process entitlement payments; the number of staff who process entitlement payments broken down by agency; and if he will make a statement on the matter. [48253/09]

The Taoiseach: None of the agencies under the remit of my Department process entitlement payments.

144. Deputy Richard Bruton asked the Taoiseach the number of agencies under his remit that have a role in carrying out inspections; the number of staff involved in the carrying out of inspections broken down by agency; and if he will make a statement on the matter. [48270/09]

The Taoiseach: None of the agencies under the remit of my Department carry out inspections.

148 Questions — 19 January 2010. Written Answers

145. Deputy Richard Bruton asked the Taoiseach the number of agencies under his remit that have a role in the issuing of licences; the number of staff involved in the issuing of licences broken down by agency; and if he will make a statement on the matter. [48287/09]

The Taoiseach: None of the agencies under the remit of my Department have a role in issuing licences.

146. Deputy Richard Bruton asked the Taoiseach the agencies under his remit who have a role in the collection of payments; the number of staff involved in the collection of payments broken down by agency; and if he will make a statement on the matter. [48304/09]

The Taoiseach: None of the agencies under the remit of my Department have a role in the collection of payments.

Question No. 147 answered with Question No. 139.

Question No. 148 answered with Question No. 142.

Question No. 149 answered with Question No. 135.

150. Deputy Ruairí Quinn asked the Taoiseach the progress made in establishing the innovation fund Ireland as proposed in Building Ireland’s Smart Economy; the total outlays from this fund to date; and if he will make a statement on the matter. [47884/09]

The Taoiseach: Introduction of ‘Innovation Fund Ireland’ is a commitment of Building Ireland’s Smart Economy — A Framework for Sustainable Economic Renewaland the Renewed Programme for Government. It aims to ensure greater availability of venture capital to help achieve our vision for transforming Ireland into theinnovation and commercialisation hub of Europe by supporting innovative SMEs and help scale indigenous companies. It is also an objective to use the Fund to help attract leading Venture Capital companies to locate their European operations here. Since the fund was announced the relevant Departments and Agencies have been working to design a detailed structure for establishing the Fund, which raises a number of complex issues which need to be resolved. In particular, we want to ensure the design and operation of the Fund best reflects inputs from people with experience of venture capital markets, including the members of the Inno- vation Taskforce. As agreed in the recent programme for Government, market testing is underway to engage with potential participants amongst US and other relevant Venture Capital companies as well as other Stakeholders. This process which should be completed towards the end of this month will provide the basis for putting the most suitable legal and financial structures in place to operationalise the Fund. It is important to recognise that the Innovation Fund is just one aspect of the overall strategy to increase a world class innovation system, so it is important that it is brought forward as part of a coherent approach. For example, it will complement the existing seed and venture funds operated by Enterprise Ireland as well as the forthcoming Report of the Innovation Taskforce.

Live Register. 151. Deputy George Lee asked the Taoiseach the number of persons on the live register in September 2007 broken down by gender in each county; and if he will make a statement on the matter. [48483/09]

149 Questions — 19 January 2010. Written Answers

152. Deputy George Lee asked the Taoiseach the number of persons aged 15 years to 24 years on the live register in September 2007 broken down by gender in each county; and if he will make a statement on the matter. [48484/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I propose to take Questions Nos. 151 and 152 together. The following table contains live register information as requested for each geographical county. It should be noted that the Live Register includes only those aged 17 years and over.

Total persons and persons under 25 on the Live Register by County and Sex, September 2007

County Males Females All persons Total Males Total Total Under 25 Under 25 under 25 Females Persons

Cavan 303 239 542 1,479 1,040 2,519 Donegal 1,018 795 1813 4,931 3,439 8,370 Leitrim 121 100 221 745 564 1,309 Louth 881 521 1402 4,073 2,565 6,638 Monaghan 235 194 429 1,248 900 2,148 Sligo 275 172 447 1,225 690 1,915 Laoighis 315 244 559 1,417 1,012 2,429 Longford 303 202 505 1,403 864 2,267 Offaly 376 310 686 1,790 1,276 3,066 Westmeath 533 394 927 2,284 1,717 4,001 Galway 1,126 861 1987 5,535 3,864 9,399 Mayo 542 386 928 2,898 1,940 4,838 Roscommon 185 100 285 852 558 1,410 Dublin 5,278 3,065 8343 26,136 14,386 40,522 Kildare 687 460 1147 3,324 2,411 5,735 Meath 328 249 577 1,820 1,361 3,181 Wicklow 549 299 848 2,726 1,653 4,379 Clare 461 301 762 2,329 1,745 4,074 Limerick 1,002 744 1746 4,662 2,733 7,395 North Tipperary 257 199 456 1,255 996 2,251 Carlow 292 246 538 1,336 937 2,273 Kilkenny 311 229 540 1,520 959 2,479 South Tipperary 404 293 697 1,821 1,142 2,963 Waterford 792 498 1290 3,838 2,363 6,201 Wexford 793 644 1437 3,822 2,883 6,705 Cork 1,867 1,207 3074 10,029 6,198 16,227 Kerry 616 438 1054 3,517 2,441 5,958

153. Deputy George Lee asked the Taoiseach the number of persons on the live register in the areas of Dublin City Council, Dun Laoghaire Rathdown County Council, Fingal County Council, South Dublin County Council, Galway City Council, Galway County Council, Limerick City Council, Limerick County Council, Waterford City Council, Waterford County Council, Cork City Council and Cork County Council in September 2007 and September 2009 broken down by gender in each county; and if he will make a statement on the matter. [48485/09] 150 Questions — 19 January 2010. Written Answers

154. Deputy George Lee asked the Taoiseach the number of persons aged 15 to 24 years on the live register in the areas of Dublin City Council, Dun Laoghaire Rathdown County Council, Fingal County Council, South Dublin County Council, Galway City Council, Galway County Council, Limerick City Council, Limerick County Council, Waterford City Council, Waterford County Council, Cork City Council and Cork County Council in September 2007 and September 2009 broken down by gender in each county; and if he will make a statement on the matter. [48486/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I propose to take Questions Nos. 153 and 154 together. The basis of the area classification used in the collection of Live Register data is the Depart- ment of Social and Family Affairs local office of registration. The areas served by Local Employment Offices do not correspond to specific geographic boundaries. Therefore, registrants at a given local office do not necessarily come from a particular region or area which can be precisely delineated. For example, the figure for the Cork City Local Office of Regis- tration refers to all persons signing on in the Cork city office but may include persons resident outside the boundaries of Cork City. Consequently data from the Live Register are not considered to provide an exact breakdown of claimants by local authority administrative areas. The following table contains Live Register information for each local social welfare office in the counties and cities requested, with a breakdown by gender and the age group under 25 years. For that age group, it should be noted that the Live Register includes only those aged 17 years and over.

Total persons and persons under 25 on the Live Register by County and Local Office, September 2007 and September 2009

Month Male Total Male Female Total Total Under 25 Under 25 Female Persons All ages

Galway County Sep-07 1,126 5,535 861 3,864 9,399 Sep-09 3,240 15,477 1,992 8,729 24,206 Ballinasloe Sep-07 137 568 85 351 919 Sep-09 379 1,653 194 828 2,481 Clifden Sep-07 70 362 51 222 584 Sep-09 132 706 90 373 1,079 Galway City Sep-07 664 3,285 521 2,168 5,453 Sep-09 1,826 8,533 1,230 4,994 13,527 Gort Sep-07 45 254 39 285 539 Sep-09 153 846 71 513 1,359 Loughrea Sep-07 81 397 70 325 722 Sep-09 277 1,512 185 918 2,430 Tuam Sep-07 129 669 95 513 1,182 Sep-09 473 2,227 222 1,103 3,330 Dublin County Sep-07 5,278 26,136 3,065 14,386 40,522 Sep-09 13,709 68,533 7,950 34,546 103,079 Nth Cumberland Street Sep-07 609 3,178 378 1,837 5,015 Sep-09 ...... Navan Road Sep-07 294 1,721 208 852 2,573 Sep-09 761 4,325 502 2,209 6,534 Thomas Street Sep-07 257 1,535 141 589 2,124

151 Questions — 19 January 2010. Written Answers

[Deputy Pat Carey.] Month Male Total Male Female Total Total Under 25 Under 25 Female Persons All ages

Sep-09 508 3,022 299 1,325 4,347 Apollo House (Tara Street) Sep-07 97 729 59 362 1,091 Sep-09 298 1,780 165 1,075 2,855 Ballymun Sep-07 279 1,008 152 491 1,499 Sep-09 524 1,949 297 856 2,805 Kilbarrack Sep-07 238 1,334 108 777 2,111 Sep-09 726 3,520 340 1,720 5,240 Ballyfermot Sep-07 256 922 131 383 1,305 Sep-09 651 2,297 321 854 3,151 Finglas Sep-07 394 1,541 196 774 2,315 Sep-09 921 4,137 493 1,847 5,984 Bishop Square Sep-07 365 2,302 204 1,118 3,420 Sep-09 1,032 5,858 659 3,013 8,871 Blanchardstown Sep-07 421 2,091 306 1,383 3,474 Sep-09 1,115 5,661 677 3,023 8,684 Coolock Sep-07 321 1,489 201 840 2,329 Sep-09 850 3,617 444 1,707 5,324 Kings Inn Street Sep-07 ...... Sep-09 905 5,136 591 2,492 7,628 Tallaght Sep-07 617 2,492 344 1,244 3,736 Sep-09 1,554 6,786 886 2,886 9,672 Clondalkin Sep-07 602 2,367 355 1,327 3,694 Sep-09 1,411 6,653 854 3,120 9,773 Nutgrove (Rathfarnham) Sep-07 170 1,039 91 844 1,883 Sep-09 582 3,237 302 2,005 5,242 Balbriggan Sep-07 141 864 109 607 1,471 Sep-09 562 3,048 329 1,692 4,740 Swords Sep-07 ...... Sep-09 485 2,679 321 1,638 4,317 Dun Laoghaire Sep-07 217 1,524 82 958 2,482 Sep-09 824 4,828 470 3,084 7,912 Limerick County Sep-07 1,002 4,662 744 2,733 7,395 Sep-09 2,930 14,247 1,686 6,941 21,188 Kilmallock Sep-07 102 495 75 327 822 Sep-09 404 1,691 182 843 2,534 Limerick City Sep-07 772 3,549 543 1,977 5,526 Sep-09 2,067 10,222 1,245 4,986 15,208 Newcastle West Sep-07 128 618 126 429 1,047 Sep-09 459 2,334 259 1,112 3,446 Waterford County Sep-07 792 3,838 498 2,363 6,201 Sep-09 1,909 9,681 1,167 4,934 14,615 Dungarvan Sep-07 80 564 50 334 898 Sep-09 288 1,486 170 700 2,186 Waterford City Sep-07 712 3,274 448 2,029 5,303 Sep-09 1,621 8,195 997 4,234 12,429

152 Questions — 19 January 2010. Written Answers

Month Male Total Male Female Total Total Under 25 Under 25 Female Persons All ages

Cork County Sep-07 1,867 10,029 1,207 6,198 16,227 Sep-09 5,350 28,903 2,974 14,660 43,563 Bandon Sep-07 59 349 31 224 573 Sep-09 190 1,087 86 457 1,544 Bantry Sep-07 11 152 13 150 302 Sep-09 137 722 58 452 1,174 Bantry (SWLO) Sep-07 5 50 2 73 123 Sep-09 39 178 15 133 311 Carrigaline Sep-07 62 412 41 265 677 Sep-09 274 1,614 120 848 2,462 Clonakilty Sep-07 25 222 26 252 474 Sep-09 106 798 66 499 1,297 Cobh Sep-07 52 233 31 131 364 Sep-09 124 653 63 358 1,011 Cork City Sep-07 1,158 5,399 653 2,559 7,958 Sep-09 2,681 13,604 1,541 6,398 20,002 Dunmanway Sep-07 19 92 14 109 201 Sep-09 ...... Fermoy Sep-07 120 592 76 408 1,000 Sep-09 347 1,697 190 882 2,579 Kinsale Sep-07 14 237 25 313 550 Sep-09 91 771 71 575 1,346 Macroom Sep-07 37 271 30 246 517 Sep-09 227 1,167 108 559 1,726 Mallow Sep-07 97 529 70 290 819 Sep-09 338 1,713 190 784 2,497 Midleton Sep-07 84 631 72 428 1,059 Sep-09 259 1,985 158 1,072 3,057 Newmarket Sep-07 47 275 46 216 491 Sep-09 221 1,173 115 601 1,774 Skibbereen Sep-07 24 169 17 184 353 Sep-09 141 700 76 432 1,132 Youghal Sep-07 53 416 60 350 766 Sep-09 175 1,041 117 610 1,651 1State figures for September 2009 have been revised but revisions have not yet been applied to data contained in this table.

155. Deputy George Lee asked the Taoiseach the number of persons in the labour force broken down by gender in each county according to the 2006 Census; and if he will make a statement on the matter. [48487/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Census of Population 2006 shows the number of people in the Labour Force as 2,109,498 on Census Night. The table shows the breakdown by gender and County.

153 Questions — 19 January 2010. Written Answers

[Deputy Pat Carey.] Persons, males and females aged 15 years and over in the Labour force in each County and City, 2006

Geographic Area In the Labour Force

Persons Males Females

Carlow 24,337 14,569 9,768 Dublin 629,001 345,939 283,062 of which Dublin City 274,310 149,691 124,619 Dún Laoghaire-Rathdown 92,836 50,751 42,085 Fingal 130,816 72,711 58,105 South Dublin 131,039 72,786 58,253 Kildare 97,719 56,378 41,341 Kilkenny 43,042 25,191 17,851 Laois 32,643 19,449 13,194 Longford 16,400 9,864 6,536 Louth 54,140 31,188 22,952 Meath 83,920 49,395 34,525 Offaly 34,134 20,417 13,717 Westmeath 38,649 22,492 16,157 Wexford 61,782 36,767 25,015 Wicklow 62,369 36,143 26,226 Clare 54,775 32,087 22,688 Cork 232,873 136,119 96,754 of which Cork City 55,296 31,333 23,963 Cork County 177,577 104,786 72,791 Kerry 66,576 39,482 27,094 Limerick 88,566 51,613 36,953 of which Limerick City 24,482 13,930 10,552 Limerick County 64,084 37,683 26,401 North Tipperary 31,733 18,951 12,782 South Tipperary 39,174 23,379 15,795 Waterford 51,424 29,751 21,673 of which Waterford City 22,176 12,528 9,648 Waterford County 29,248 17,223 12,025 Galway 114,403 65,720 48,683 of which Galway City 37,883 20,149 17,734 Galway County 76,520 45,571 30,949 Leitrim 13,781 8,181 5,600 Mayo 57,517 34,073 23,444 Roscommon 27,556 16,594 10,962 Sligo 29,545 16,607 12,938 Cavan 30,840 18,735 12,105 Donegal 65,092 38,356 26,736 Monaghan 27,507 16,427 11,080

State 2,109,498 1,213,867 895,631

154 Questions — 19 January 2010. Written Answers

Parliamentary Counsel. 156. Deputy Eamon Gilmore asked the Taoiseach if the recruitment of Parliamentary Coun- sel from other jurisdictions has raised any difficulties in achieving a uniform drafting style for legislation. [48538/09]

The Taoiseach: A small number of Parliamentary Counsel from other jurisdictions have been recruited to the Office of the Parliamentary Counsel to the Government to provide legislative drafting assistance given the historical lack of qualified drafters in the State. They are all experienced in their home jurisdictions and are carefully chosen by the senior staff in the Office of the Parliamentary Counsel to the Government having regard to their experience and expertise. They are required to conform to the same drafting conventions and legal requirements of all parliamentary counsel working in that Office.

Labour Force Statistics. 157. Deputy George Lee asked the Taoiseach the labour force in the third quarter 2007 broken down by gender and region; and if he will make a statement on the matter. [48581/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Quarterly National Household Survey (QNHS) is the official source of estimates relating to the labour force. The data requested by the Deputy are presented in the table in respect of the third quarter of 2007.

Labour Force Estimates by Sex and Region, Quarter 3 2007

In Employment ’000 Unemployed ’000 In Labour Force ’000 Unemployment Rate Participation Rate (%) (%)

Q3 2007 Male Female Total Male Female Total Male Female Total Male Female Total Male Female Total

Border 129.0 93.8 222.8 8.7 5.1 13.8 137.7 98.9 236.6 6.3 5.1 5.8 71.6 51.7 61.6 Midland 75.8 51.2 127.0 2.6 2.2 4.9 78.4 53.4 131.9 3.4 4.2 3.7 76.2 52.3 64.3 West 120.8 85.0 205.8 5.2 4.9 10.0 126.0 89.9 215.9 4.1 5.4 4.7 74.4 53.2 63.8 Dublin 341.9 285.0 626.9 19.5 10.2 29.7 361.4 295.2 656.6 5.4 3.5 4.5 74.6 58.1 66.1 Mid-East 147.4 109.8 257.2 6.2 4.3 10.5 153.6 114.1 267.7 4.1 3.7 3.9 78.8 58.8 68.8 Mid-West 100.8 71.6 172.4 6.0 4.1 10.1 106.8 75.7 182.5 5.6 5.4 5.5 73.0 52.0 62.5 South-East 131.4 93.6 225.1 7.0 5.0 12.0 138.5 98.6 237.1 5.1 5.1 5.1 73.0 52.5 62.8 South-West 178.7 133.9 312.6 6.9 5.3 12.3 185.7 139.2 324.9 3.7 3.8 3.8 73.2 54.6 63.8

State 1,225.9 923.9 2,149.8 62.2 41.1 103.3 1,288.1 965.0 2,253.1 4.8 4.3 4.6 74.3 55.0 64.6

Data may be subject to future revision. Data may be subject to sampling or other survey errors, which are greater in respect of smaller values or estimates of change. Reference period: q1=Jan-Mar, q2=Apr-Jun, q3=Jul-Sep, q4=Oct-Dec. Source: Quarterly National Houehold Survey, Central Statistics Office.

158. Deputy George Lee asked the Taoiseach the details of the labour force in the third quarter 2009 broken down by gender and region; and if he will make a statement on the matter. [1038/10]

155 Questions — 19 January 2010. Written Answers

[Deputy Pat Carey.] Persons aged 15 years and over in employment, unemployed, in labour force, unemployment rate and participation rate by region and sex — Q3 2009

In Employment ’000 Unemployed ’000 In Labour Force ’000 Unemployment Rate Participation Rate (%) (%)

Q3 2009 Male Female Total Male Female Total Male Female Total Male Female Total Male Female Total

Border 107.6 89.2 196.8 23.4 8.6 31.9 131.0 97.7 228.7 17.8 8.8 14.0 66.9 49.4 58.1 Midland 61.3 48.6 109.9 13.7 5.2 18.9 75.0 53.9 128.8 18.3 9.7 14.7 71.2 51.4 61.3 West 101.7 87.0 188.7 19.6 11.1 30.7 121.4 98.1 219.4 16.2 11.3 14.0 71.5 56.6 63.9 Dublin 290.6 262.8 553.4 46.1 22.5 68.5 336.7 285.2 621.9 13.7 7.9 11.0 71.1 56.7 63.7 Mid-East 130.8 103.9 234.7 21.8 10.1 31.9 152.6 114.0 266.5 14.3 8.9 12.0 76.2 56.2 66.1 Mid-West 83.9 69.7 153.6 17.8 6.8 24.5 101.7 76.5 178.2 17.5 8.8 13.8 69.0 52.4 60.7 South-East 110.4 92.1 202.5 24.6 11.6 36.1 135.0 103.6 238.6 18.2 11.2 15.1 69.9 52.6 61.2 South-West 153.7 129.2 282.9 25.1 12.1 37.2 178.8 141.3 320.1 14.0 8.6 11.6 70.6 53.8 62.0 State 1,040.0 882.4 1,922.4 192.0 87.9 279.8 1,232.0 970.3 2,202.3 15.6 9.1 12.7 70.9 54.3 62.5

Question No. 159 answered with Question No. 141.

Departmental Expenditure. 160. Deputy Leo Varadkar asked the Taoiseach the purpose of the hire of a hotel room (details supplied) on 30 September 2008 and two rooms on 11 November 2008; and if he will make a statement on the matter. [1379/10]

The Taoiseach: As the Stewards House, Farmleigh was not available to the Taoiseach on the dates in question, the costs incurred relate to the Taoiseach being unable to return home due to Dáil and other official commitments.

Question No. 161 answered with Question No. 1.

Ethics in Public Office. 162. Deputy Fergus O’Dowd asked the Taoiseach the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1516/10]

The Taoiseach: The receipt by office holders of gifts of goods or services is regulated by the Ethics in Public Office Acts. Issues of compliance with the Acts are matters for the Standards in Public Office Commission (SIPOC). The particular arrangements to be observed by office holders in respect of gifts of goods or services are set out in the Code of Conduct for Office Holders issued by the SIPOC. Statements made annually by office holders must include all gifts of goods and services which exceed €650 in value. These statements are published in Iris Oifigiúil and are available on the Houses of the Oireachtas website. Records are not maintained by my Department in relation to gifts of lesser value received from time to time.

Question No. 163 answered with Question No. 139. 156 Questions — 19 January 2010. Written Answers

Departmental Staff. 164. Deputy Denis Naughten asked the Taoiseach the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2174/10]

The Taoiseach: In accordance with the business needs of my Department, divisions and sections change from time to time. The tables give a breakdown of the staff working in the various divisions in my Department since 2007 to date in 2010. As statistics in relation to whole time equivalent staff numbers in my Department are compiled at the end of each calendar month, the current position is as at 31st December, 2009.

Position as at 31st December, 2007

Divisional breakdown (Department of the Taoiseach) Staff Numbers (whole-time equivalent)

Government Secretariat and related 37.0 Private Offices (Taoiseach, Government Chief Whip & Minister of State Roche) 39.5 Northern Ireland 7.0 European and International Affairs 11.0 Economic and Social Policy 12.5 Social Partnership 12.5 Public Service Modernisation 21.5 The Knowledge Society and eGovernment 9.0 Corporate Services 69.8

Position as at 31st December, 2008

Divisional breakdown (Department of the Taoiseach) Staff Numbers (whole-time equivalent)

Government Secretariat and related 33.3 Private Offices (Taoiseach, Government Chief Whip & Minister of State Roche) 40.8 Northern Ireland 9.5 European and International Affairs 18.4 Economic and Social Policy 17.8 Social Partnership 9.0 Public Service Modernisation 18.5 Corporate Services 64.6

Position as at 31st December, 2009

Divisional breakdown (Department of the Taoiseach) Staff Numbers (whole-time equivalent)

Government Secretariat and related 39.6 Private Offices (Taoiseach, Government Chief Whip & Minister of State Roche) 34.8 Northern Ireland 9.9 European and International Affairs 8.6 Economic and Social Policy 10.3 Social Partnership 8.6

157 Questions — 19 January 2010. Written Answers

[The Taoiseach.] Divisional breakdown (Department of the Taoiseach) Staff Numbers (whole-time equivalent)

Public Service Modernisation 21.5 Corporate Services 64.8

Census of Population. 165. Deputy David Stanton asked the Taoiseach when he will publish call for tenders for printing of the census 2011 forms; and if he will make a statement on the matter. [2203/10]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The printing contract for the 2011 census was part of a comprehensive census tender which was published on etenders in April 2009. The tender covered the software solution for the processing system, which was based on the system used for the 2006 census, the provision, installation and com- missioning of the necessary hardware to carry out the processing and the printing of the census forms and enumerator record books. Following an open public tender the contract was awarded to a UK company, CACI UK Ltd in July 2009. The printing of the census forms and enumerator record books was sub-contracted by CACI to an Irish based printer DCK Ebrook.

Job Losses. 166. Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a matter (details supplied). [48329/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): While the decision of SR Technics to move operations from Ireland is regrettable, the relocation of companies, and with them jobs, is a reality of the modern global economic environment for a highly developed economy such as Ireland. This shift in the structure of international trade poses challenges to economic policy makers in all developed countries, not just Ireland. It must be remembered that Ireland also experiences the benefits resulting from globalisation as new markets and business opportunities open up for Irish companies. The Government, through IDA Ireland, is committed to continued marketing of Ireland as a location for companies interested in establishing aircraft maintenance and aviation engineering businesses. The decision by Aer Lingus to undertake line maintenance operations, previously contracted to SR Technics, is a commercial decision, which is solely a matter for Aer Lingus. As regards any financial assistance provided to a company for establishment of operations in Malta or any Member State, the application and monitoring of exemptions to the general prohibition on State Aid in the EC Treaty rests exclusively with the European Commission. The current Irish law in the area of “transfer of undertakings” is the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 — Statutory Instru- ment (S.I.) No. 131 of 2003. The Regulations implement the mandatory (i.e. mandatory to transpose) provisions of EU Council Directive 2001/23/EC of 12 March 2001 which is aimed at safeguarding the rights of employees in the event of a transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. Section 21 of the Employees (Provision of Information and Consultation) Act 2006 transposed a provision of the European Directive relating to the information to be provided by the original employer to the new employer. Complaints relating to alleged contravention of the Regulations on Transfer of Undertakings can be brought in the first instance to a Rights Commissioner and, on appeal, to the Employ- ment Appeals Tribunal. An application to a Rights Commissioner can be made by the 158 Questions — 19 January 2010. Written Answers employee, or by a representative (including a trade union representative) by contacting the Rights Commissioner Service of the Labour Relations Commission, Tom Johnson House, Had- dington Road, Dublin 4, or phone 01 6136700.

Community Employment Schemes. 167. Deputy Martin Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason community employment schemes are having their wages cut by 5.5% in comparison to cuts in jobseeker’s allowance for those of that age group at 4.1%. [48465/09]

169. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the reduction in community employment scheme payment was higher than the cut in jobseeker’s allowance in view of the disincentive this may be to those who are working on the scheme (details supplied). [2002/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 167 and 169 together. The Community Employment Scheme participant payments are comprised of their Social Welfare entitlement and a weekly allowance. The Jobseeker’s Allowance was reduced by 4.1% in the December budget while the CE allowance was reduced by from €24.40 to €20 per week. The cuts in CE were necessary to fund increased activation measures in 2010 including an additional 500 CE places to bring the total number of CE places to 23,300.

National Minimum Wage. 168. Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if she will give a commitment that the minimum wage will not be targeted as part of an agenda to drive down wages here; and if she will make a statement on the matter. [48603/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Government continues to monitor wage movements in the labour market, and related developments in Employment Regulation Orders, Registered Employment Agreements and Social Welfare rates, so as to ensure that the National Minimum Wage, at its current rate, is not having an adverse effect on vulnerable workers and enterprises in a time of rising unemployment and declining nominal wages. The guiding principles that inform adjustments to the level of National Minimum Wage under the provisions of the National Minimum Wage Act, 2000, require account to be taken of the likely impact of any proposed change on employment, unemployment, overall economic conditions and national competitiveness.

Question No. 169 answered with Question No. 167.

Departmental Expenditure. 170. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment further to Parliamentary Question No. 114 of 17 November 2009, if further details are now available; when she expects examination and collation of the returns received in October 2009 to be completed; and if she will make a statement on the matter. [48241/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government Decision of 19 May 2009 regarding the reduction of payment periods by Govern- ment Departments to 15 days included a requirement for Departments to report quarterly to my Department on their performance in meeting this target. These reports are to be submitted by the 15th day of the month following the end of the quarter. The Reports provide details of

159 Questions — 19 January 2010. Written Answers

[Deputy Mary Coughlan.] invoices paid within 15 days, between 16 and 30 days and over 30 days. The first returns by Departments cover the period 15 June to 30 September 2009. Tables 1 and 2 contain the payment details received from Government Departments. In summary, these returns show a total of 62,860 payments were made by Departments in the above period amounting to €1.92bn; 49,890 payments totalling approximately €1.76bn were paid within 15 days. These payments represent 80 % of total payments made by Departments; in value terms 91% were paid within 15 days. A further 17% or almost 11,000 payments were made between 16 and 30 days and overall, 97% of payments during the period amounting to €1.86bn were paid within 30 days. Although there was some variation between the perform- ances of individual Departments, 5 Departments were paying in excess of 90% of invoices within 15 days, a further 7 Departments were paying in excess of 83% of invoices within 15 days, while the remaining three had paid almost 50% of their payments within 15 days. Some 9 Departments had paid between 98% and 100% of their invoices within 30 days and a further 5 had paid between 93% and 96% of their invoices within 30 days, while the remaining Department had paid 87% of invoices within 30 days. It is evident from the returns received, that Departments are playing their parts in assisting the cash flow of their suppliers, many of whom are Small and Medium Enterprises. The new procedures and processes introduced are having an impact in assisting Irish SMEs cash flow in the current difficult economic environment and I welcome this development. Future quarterly returns will show the overall consistency of Departments in meeting the 15-day payment requirement and any changes in the performance of individual Departments.

Prompt Payment Figures From Returns from Government Departments For the Period 15 June 2009-30 September 2009

TABLE 1

Government Departments % No. of No. of % of overall Value of payments Payments Total value Payments within 15 days within 15 days paid within 15 within 15 days days

%%€

Transport 98 4,348 100 685,528,088 Health and Children 98 1,278 100 122,705,387 Defence 92 9,959 90 34,978,685 Community, Rural and Gaeltacht Affairs 91 645 94 1,622,023 Finance 91 890 92 4,988,640 Agriculture, Fisheries & Food 89 10,220 88 23,839,408 Arts, Sport & Tourism 87 500 98 4,644,701 Foreign Affairs 87 1,732 86 7,259,005 Enterprise, Trade and Employment 85 1,699 99 41,989,012 Education and Science 85 4,734 98 181,848,232 Environment, Heritage and Local 84 5646 73 354,502,221 Government Communications, Marine and Natural 84 969 98 115,587,358 Resources Social and Family Affairs 52 3,137 96 130,055,768 Taoiseach 47 233 80 2,069,541 Justice, Equality & Law Reform 45 3,900 88 43,708,489

Total 49,890 1,755,326,559

160 Questions — 19 January 2010. Written Answers

TABLE 2

Government Departments No. of No. of Value of Value of payments payments overall total payments within 30 days within 30 days value paid within 30 days within 30 days

%%€

Community, Rural and Gaeltacht Affairs 100 703 100 1,721,903 Transport 100 4,425 100 686,005,133 Health and Children 100 1,303 100 122,755,401 Arts, Sport & Tourism 99 570 100 4,732,167 Finance 99 970 99 5,395,130 Agriculture, Fisheries & Food 99 11,317 99 26,802,795 Foreign Affairs 98 1,958 99 8,340,111 Justice, Equality & Law Reform 98 8,407 100 49,335,544 Defence 98 10,665 95 37,169,992 Environment, Heritage and Local 96 6,479 89 433,939,549 Government Education and Science 96 5,346 100 184,765,623 Enterprise, Trade and Employment 95 1,913 100 42,435,723 Communications, Marine and Natural 94 1,088 100 117,835,278 Resources Taoiseach 93 459 99 2,544,361 Social and Family Affairs 87 5,226 99 135,341,483

Total 60,829 1,859,120,192

Departmental Investigations. 171. Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 3 of 17 September 2009, if the report mentioned was sent to the bodies concerned; and if she will make a statement on the matter. [48242/09]

172. Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 3 of 17 September 2009, if the report mentioned was sent to the bodies concerned; if not, the reason for same; and if this will now be rectified. [48246/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 171 and 172 together. I can advise the Deputy that the position as outlined in the reply given on 17 September last remains largely unchanged. As outlined at that time, following the successful appeal to the Supreme Court in this case, judgment was issued on 30th April 2009. The final step in the legal process is the granting of a final perfected Order by the Supreme Court which the Court asked the Minister to prepare. A draft Order has been prepared and is with the Office of the Chief State Solicitors Office for presentation to the Supreme Court. The Order, when perfected, will contain the definitive list of the parties to whom the report may be circulated. I am therefore not currently in a position to circulate this report until the Order has been perfected. Upon delivery of the perfected Order, I will ensure that the contents of the report is promptly brought to the attention of the parties specified in the Order. 161 Questions — 19 January 2010. Written Answers

Departmental Staff. 173. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of Civil Service staff in her Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if she will make a statement on the matter. [48312/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Some 1,056 civil servants are currently employed in my Department and the Offices under its aegis. This equates to 988.98 in fulltime equivalent terms. A number of the staff of my Depart- ment have studied economics, or economics-related subjects, prior to joining the Department. As my Department does not currently have a comprehensive record of the educational qualifications achieved by staff prior to joining the Department, I am not, therefore, in a position to answer the question fully at present. However, it is envisaged that a comprehensive skills audit of the staff of my Department will be undertaken in the near future as part of the development of longer-term workforce planning in the Department. Information on the number of staff whose qualifications in economics were funded by my Department is given below. In common with other Government Departments, my Department operates the Refund of Fees Scheme. Under the Scheme, fees for approved courses of study undertaken by staff members in their own time are repaid on successfully completing their examinations. Courses are approved based on their relevance to the business needs of the Department. The number of staff currently working in the Department who have attained third-level qualifications in which economics formed part of the course of studies, and who were refunded their course fees by the Department is as follows:

Number

Primary Degree 35 Post-graduate qualification 5 Ph D Nil

In addition, my Department has sponsored 15 staff to participate in the Diploma and M.Sc programmes in economic policy analysis. To date 8 staff have successfully completed the Dip- loma programme and 7 staff have completed the M Sc programme. The Department also has access to considerable economic expertise through its Agencies such as Forfás, IDA and Enterprise Ireland. Economics is but one of the areas of expertise required to assist the Depart- ment to achieve its strategic mission. Consequently, my Department has sponsored its staff to pursue relevant qualifications across the range of studies relevant to the work of the Department.

National Minimum Wage. 174. Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a matter (details supplied). [48331/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The matter referred to in the Deputy’s question is a call from the Restaurant Associ- ation of Ireland for the abolition of the Joint Labour Committee (JLC) system and the reduction in the minimum wage in the Catering sector to €8.65 per hour. The Government is committed to upholding the arrangements for the making of the Employment Regulation Orders under the Joint Labour Committee (JLC) system. The Government has undertaken to 162 Questions — 19 January 2010. Written Answers provide for the modernisation of the existing system through the implementation of a series of measures, including the introduction of new legislation. This commitment is being met within the framework of the Industrial Relations (Amendment) Bill 2009 which has recently passed all stages in the Seanad. It is the parties represented on a JLC that are best placed to address the impact of the economic crisis on employment levels and the viability of services in the relevant sector. This shared capacity for co-operation has already been demonstrated by the employer and trade union interest in the catering sector when agreement was reached in 2009 to fix a uniform set of terms and conditions in the sector, including the harmonisation of the Sunday premium to time plus one third. I intend to bring forward proposals to include in the Industrial Relations (Amendment) Bill 2009 a provision providing for the inclusion of an inability to pay provision in future Employ- ment Regulation Orders. I consider such a provision to be necessary in order to reconcile the current demands of both trade unions and employers through continuing to modernise and streamline the JLC system, while also alleviating the pressures that employers facing financial difficulty currently experience. The final details of this provision have still to be settled and I intend to introduce an amendment to the Bill in the Dáil to give effect to this objective.

Job Creation. 175. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of State aided jobs which have been created in County Meath since 1998; the breakdown of same by job description and location; and if she will make a statement on the matter. [48350/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the industrial development agencies. Data is compiled on an annualised basis and is aggregated at county level. Therefore, information on individual locations or breakdown by job description is not available. As companies provide data on a confidential basis, for statistical purposes only, information on individual companies is not disclosed for reasons of client confidentiality. Details of the number of IDA supported jobs created in County Meath, for the period in question is set out in the following tabular statement. Enterprise Ireland monitors the employment trends in the companies it supports through the Annual Employment Survey, conducted in conjunction with Forfás. The results of this survey are released each January. In 2009 total employment in Enterprise Ireland client companies in County Meath was 3,787. Enterprise Ireland does not collect statistics on employment by job description, and employment numbers are collected on a county basis only. Gross employment gains by Enterprise Ireland client companies in County Meath, for the period in question, are illustrated in the following tabular statement. Statistical information on job creation in companies supported by the County Enterprise Boards is held by the Department on an individual board basis rather than by specific locations within the Board’s locality. Figures in respect of 2009 will not be available until early February 2010. Statistical information in relation to jobs created in companies supported by Meath County Enterprise Board, for the period in question is presented in the following tabular statement.

163 Questions — 19 January 2010. Written Answers

[Deputy Mary Coughlan.] Jobs created in IDA supported companies in County Meath 1998-2009

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

114 116 145 73 62 35 65 149 55 111 83 24

Jobs created in Enterprise Ireland supported companies in County Meath 1998-2009

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

363 313 722 483 260 507 405 597 973 396 282 291

Net number of jobs created in CEB supported companies in County Meath 1998-2009

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Total 1998-2008

243 139 259 −15 148 −128 46 92 84.5 2 −39 830.5

176. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of State aided jobs which have been created in County Louth since 1998; the breakdown of same by job description and location; and if she will make a statement on the matter. [48351/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the industrial development agencies. Data is compiled on an annualised basis and is aggregated at county level. Therefore, information on individual locations or breakdown by job description is not available. As companies provide data on a confidential basis, for statistical purposes only, information on individual companies is not disclosed for reasons of client confidentiality. Details of the number of IDA supported jobs created in County Louth, for the period in question is set out in the following tabular statement. Enterprise Ireland monitors the employment trends in the companies it supports through the Annual Employment Survey, conducted in conjunction with Forfás. The results of this survey are released each January. In 2009 total employment in Enterprise Ireland client companies in County Louth was 4,541. Enterprise Ireland does not collect statistics on employment by job description, and employment numbers are collected on a county basis only. Gross employment gains by Enterprise Ireland client companies in County Louth, for the period in question, are illustrated in the following tabular statement. Statistical information on job creation in companies supported by the County Enterprise Boards is held by the Department on an individual board basis rather than by specific locations within the Board’s locality. Figures in respect of 2009 will not be available until early February 2010. Statistical information in relation to jobs created in companies supported by Louth County Enterprise Board, for the period in question is presented in the following tabular statement.

Jobs created in IDA supported companies in County Louth 1998-2009

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

162 351 1012 155 179 39 101 150 289 198 121 34 Questions — 19 January 2010. Written Answers

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Jobs created in Enterprise Ireland supported companies in County Louth 1998-2009

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

579 319 268 537 269 214 508 469 427 661 447 318

Net number of jobs created in CEB supported companies in County Louth 1998-2009

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Total 1998-2008

179 182 258 −11 189 45 78 220 54 −95 14.5 1,112.5

Job Losses. 177. Deputy Charles Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Offaly will expect to receive their state redundancy payment; and if she will make a statement on the matter. [48551/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received a statutory lump sum claim for the individual concerned on 15 September 2009 claiming inability to pay on behalf of the employer. This claim awaits processing. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from April 2009 and those filed online from May 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees, such as in this instance, the Section is, in general, processing claims dating from July 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Depart- ment since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for 2009 of 77,001. This figure exceeds the claims lodged for 2008 (40,607) by 90% and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include: the reassignment of 26.7 additional staff (full time equivalents) from other areas of the Department to the Redundancy Payments area since early 2009 with ongoing review of trends and demands. The current number of staff serving in the Redundancy Payments Section in terms of full time equivalents is 52.5. There has also been the prioritisation of the Department’s overtime budget towards staff in the Redundancy Pay- ments Section to tackle the backlog outside normal hours; the establishment of a special call 165 Questions — 19 January 2010. Written Answers

[Deputy Mary Coughlan.] handling facility to deal with the huge volume of telephone calls from people and businesses who are naturally concerned about their payments, using the facilities and cooperation of the National Employment Rights Authority (NERA), with the centre having received an average of 12,500 calls per month this year with an estimated 60% relating to redundancy payments; the provision of better quality information relating to current processing times on the Department’s website; engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners. The Tánaiste and I continue to monitor closely the impact of these changes against the continuing influx of redundancy claims and we are currently looking at ways in which additional resources can be allocated to the area in the first quarter of 2010.

Job Creation. 178. Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment her plans to develop a hub for game development here; her further plans to explore this area as part of the smart economy; and if she will make a statement on the matter. [48607/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Enterprise Ireland is the lead government agency responsible for the development of indigenous enterprise. It supports companies employing 10 or more people and start-up companies which have the potential to employ 10 or more people and reach or exceed €1m in exports over three years. Enterprise Ireland offers a comprehensive range of services, including both financial and non-financial supports, to companies with a business strategy that encompasses the elements required for business success. Enterprise Ireland has been very active in the digital sector through ongoing funding support for third level institutions, start-up companies and also established and scaling companies. Enterprise Ireland has labelled the digital sector TIME (Telecom Internet Media and Edutainment). The sector consists of approximately 350 EI client companies and growing. Approximately 60 companies have a high profile having closed significant deals (between €200k and €12m) with telecom operators, such as Telefonica, Sprint, Vodafone and also with media/entertainment companies including Nickelodeon, CBBC, Disney and Facebook. The establishment of Facebook’s European headquarters here in Ireland, follows the positive trend set by Google, Microsoft, eBay and Intel. In relation to developing a hub for game development, Enterprise Ireland has funded or co- funded the majority of incubator/hub space in Ireland for early stage business. Incubator space for start-ups in the Gaming/Entertainment sector is focused in Dublin and provided by the Digital Depot located in Thomas St and Media Cube in Dun Laoghaire’s Institute of Art, Design and Technology. Both centres provide spaces for over 50 digital related companies. Other incubator centres around Ireland have assisted in developing successful digital companies over the last number of years. However, while the prospect of a dedicated hub focused on just gaming/entertainment has been investigated, the Digital Hub approach appears to be the preferred approach at the moment. Enterprise Ireland will continue to monitor and influence changes in strategic focus of the digital hubs as new business models emerge. Enterprise Ireland’s new Software Strategy document (launched in 2009) has highlighted the importance of specific clusters with internet/gaming clusters as one of the clusters highlighted for growth. Enterprise Ireland continues to support the games sector in Ireland and actively engages with the companies involved with regard to clustering and sectoral development.

166 Questions — 19 January 2010. Written Answers

Semi-State Bodies. 179. Deputy James Bannon asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on whether it appropriate that the new chief executive officer of FÁS should be given a €60,000 car; and if she will make a statement on the matter. [48614/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Director General of FÁS is provided with a car by FÁS in accordance with the terms of his contract of employment.

Job Creation. 180. Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on a possible enterprise start-up (details supplied) in County Donegal; and if she will make a statement on the matter. [1007/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards (CEBs) and Enterprise Ireland, through whom assistance is delivered directly to businesses. Subject to certain eligibility criteria new and developing micro-enterprises may qualify for financial support from the CEBs in the form of priming, expansion/development and feasibility/innovation grants. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow. All of the CEBs operate to the same criteria in relation to the assistance which they can offer i.e. they can support the establishment and/or the development of enterprises provided that the projects have the capacity to achieve commercial viability and which over time may develop into strong exporting entities. However, I would stress that priority is given to projects in the manufacturing and internationally traded services sectors. It is considered inappropriate to support other areas such as retail enterprises, personal services (e.g. hairdressers, gardeners, etc), professional services (accountants, solicitors, etc) lacking export potential, construction, as it is considered that these enterprises generally give rise to unacceptable deadweight (where projects would have pro- ceeded anyway) and/or displacement (where the projects simply displace business from other players in the market) concerns. In order to more fully explore the range of options that may be available to them the company are advised to contact their local CEB to discuss their business needs with the relevant staff of the Board. Contact details for individual CEBs can be found by accessing the following website: www.enterpriseboards.ie.

181. Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 94 of 12 November 2009, the further discussion she has had with the industrial development agencies with a view to securing replacement jobs in the Waterford Constituency. [1014/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): As stated in my previous reply, IDA Ireland continues to actively promote the Waterford region to overseas investors. Currently there are 31 IDA Ireland supported companies in Waterford City and County employing approximately 5,960 people. Clear evidence of a transition to more knowledge based and higher value activity is seen in the resilience of companies such as

167 Questions — 19 January 2010. Written Answers

[Deputy Mary Coughlan.] Bausch & Lomb, Honeywell, and GlaxoSmithKline, as well as newer additions to the county’s portfolio, such as Citi Hedge Fund Services, Genzyme and Sun Life Financial. Key interventions in support of attracting investment in recent years have been the development of the Waterford Business & Technology Park (28 hectares), the Dungarvan Business Park (additional 14 hectares developed) and a large scale 55 hectare Greenfield site in Belview, specifically targeted for larger scale utility intensive overseas investments. A further 20 hectare site (Knockhouse lands) adjacent to the Genzyme facility on the Kilmeaden road in Waterford City is also available for Greenfield investment. In addition, Enterprise Ireland and the Cork County Enterprise Board offer a range of supports to businesses to facilitate them in the creation and retention of jobs, and to assist those wishing to start their own business.

Job Losses. 182. Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 60 of 10 December 2009, the position regarding the European globalisation adjustment fund application containing proposals for the co-financing of a range of measures including occupational guidance, training, upskilling, entrepreneurship and educational opportunities for a total of 653 workers who were made redundant at companies (details supplied) in County Waterford. [1015/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The European Globalisation Adjustment Fund was submitted to the European Commission on 25 September 2009. The application has been circulated by the Commission’s EGF Unit in the Directorate General for Employment, Social Affairs and Equal Opportunities to other relevant Directorate Generals within the Commission for consideration. Thereafter, and subject to any further clarifications required, the application will be placed before the College of Commis- sioners for approval. The application must also be considered and approved subsequently by the Council of Ministers and the European Parliament. This procedure can, as in the previous case of the application lodged by Ireland on behalf of redundant DELL workers, take a significant period of time to complete.

Consumers’ Rights. 183. Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on an advertisement (details supplied) that is currently being run by the Consumer Agency; if she will take steps to address same; and if she will make a statement on the matter. [1022/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The protections afforded consumers in circumstances where they purchase goods which turn out to be faulty are set out in the Sale of Goods legislation, principally the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980, and also in the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11/2003 refers). The essential protection provided in Irish law in cases of breaches of a condition under a sales contract, such as instances concerning the sale of faulty goods, entitles a consumer to reject the goods and repudiate the contract. Where the consumer has paid for the goods then he or she may sue for damages and /or seek recovery of the price paid. Notwithstanding the essential right of consumers to reject faulty goods and seek recovery of the price paid, provisions were inserted into the Sale of Goods legislation allowing consumers who purchase goods which turn out to be faulty a choice of remedies. This choice affords the

168 Questions — 19 January 2010. Written Answers consumer the opportunity on the one hand to seek a remedy to the fault or a replacement of the goods whilst still retaining the entitlement to reject the goods or have them repaired elsewhere where the seller fails or refuses to facilitate the request. In practical terms the consumer is afforded the right to “cure” the defect without losing the right to reject. Thus the consumer has a second chance to reject where the seller fails to facilitate the request for repair or replacement. Insofar as the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 are concerned, these Regulations added a broader dimension to the palate of remedies available to Irish consumers. It is important to point out, however, that these remedies are in addition to and not in substitution for the protections afforded consumers under the Sale of Goods legislation. The Regulations essentially require that goods delivered under a contract of sale to a consumer must be in conformity with that contract. The Regulations provide that goods are in conformity with the contract for sale if they comply with the description given by the seller, are fit for the purposes for which such goods are normally used, demonstrate the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect etc. The Regulations further provide that where there is a lack of conformity in relation to a contract for the sale of goods, the seller shall be liable to the consumer for any lack of conformity and that the consumer is entitled to a range of remedies, including that the goods are brought into conformity, free of charge, by repair or replacement, or an appropriate reduction is made in the price, or the contract is rescinded with regard to those goods. As regards the suggestion that there is a 30 day limit on vendors’ liability in respect of refunds, I am not aware of the provenance of that suggestion. It may be that the 30 day limit may refer to the returns policy operated by some retailers, whereby they allow consumers to return goods, which are not faulty, within a particular period subject to certain conditions. I would wish to assure the Deputy, however, that there is no such limit in relation to the statutory protections afforded consumers in instances where they purchase goods which turn out to be faulty, indeed any policy which would seek to limit those protections would not be binding on the consumer. I am satisfied, therefore, that the information campaign being run by the National Consumer Agency is not misleading and indeed is providing useful and timely advice to consumers as to their rights in instances where they purchase goods which turn out to be faulty.

Community Employment Schemes. 184. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will cut the amount received by participants on community employment schemes beyond what was reduced as a result of social welfare cuts in budget 2010; and if she will make a statement on the matter. [1210/10]

191. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding plans of FÁS to cut payments to community employment participants; the impact that this will have on the rural social scheme; and if she will make a statement on the matter. [1398/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 184 and 191 together.

169 Questions — 19 January 2010. Written Answers

[Deputy Dara Calleary.]

As part of Budget 2010 a number of savings were identified in relation to Community Employment (CE). These changes were mainly in the area of training allowances that are linked to Social Welfare payments and certain FÁS Allowances that are provided in addition to the core training allowances. The FÁS training allowance for Community Employment and Job Initiative participants has been reduced from €24.40 and €48.80 per week to €20 and €40 per week respectively. In addition, new entrants to FÁS training programmes will only be paid an allowance if they had been entitled to Job Seekers Allowance or Job Seekers Benefit. The funding in respect of training and materials for those on CE programmes will be reduced from €1,500 to €750 per head per annum. These savings will allow for an increase of 500 CE places bringing the total number of places available to 23,300. The changes in CE do not have implications for the Rural Social Scheme which is under the aegis of the Department of Community, Rural and Gaeltacht Affairs. This Government will continue to support the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. I am keeping the operation of the Scheme under constant review in the context of the current difficult unemployment situation.

Job Initiative. 185. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will provide details of the activation fund announced in budget 2010 that is intended to assist those who have lost their jobs, in the construction and other sectors, secure work, education or training; if the fund has commenced; the way in which an application is made; the amount approved to date in 2010; if the community sector can access this fund; and if she will make a statement on the matter. [1248/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Labour Market Activation Fund announced in the Budget 2010 is intended to provide additional effective training and education opportunities to the unemployed through a market- driven and innovation seeking mechanism. It will specifically target the low skilled, the under 35s and those suffering from structural unemployment in the manufacturing, construction and retail sectors. The Government has made €20 million available for the Labour Market Acti- vation Fund in 2010 and it is expected that a call for proposals will issue in the coming weeks with successful proposals starting to come on stream as soon as possible. All sectors of the economy including the public, private and community and voluntary sectors will be able to submit their proposals.

Departmental Expenditure. 186. Deputy Richard Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in budget 2010 for her Department in tabular form; the savings which will be achieved in 2010; and if she will make a statement on the matter. [1255/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Details of savings arising out of recommendations in the Report of the Special Group on Public Service Numbers and Expenditure Programmes which are incorporated in my Department’s

170 Questions — 19 January 2010. Written Answers

Estimate for 2010 are provided on the table. In addition to the savings outlined on the table, further savings will be realised in 2010 through the reduction in staff numbers and in pay levels across my Department and its agencies. The 2010 Budget Day Estimates for my Department included an indicative provisional adjustment to public service pay of €39.658 million, to be apportioned across my Department, its Offices and its agencies in the Revised Estimates Volume. My Department is continuing to examine all of the proposals made by the Special Group in respect of my Department and its agencies, to determine the scope for the implementation of the recommendations and for the achievement of further savings going forward. Some proposals, such as the rationalisation of agencies, may be quite complex to implement and may require legislative provision if they are to be achieved. There are also a number of recommendations in the report affecting my Department which will require cross-Departmental consideration. However, my Department will examine these proposals and will also look at alternative ways of finding savings which meet the general thrust of the Special Group report.

Recommendation in the Report of the Special Saving in 2010 Comments Group

€m

Reduce IDA capital and administrative costs, 0.857 Administrative costs have been reduced by including rationalisation of regional offices in €857,000 for 2010. The question of Ireland and shared services rationalisation of offices requires further consideration. IDA’s Capital allocation for 2010 is directly related to its legal commitments. However, €10m was cut from the agency’s budget in 2009 on a once-off basis.

Enterprise Ireland — efficiency saving in 3.024 Enterprise Ireland’s administrative budget has administration. been reduced by €3.024m for 2010. Cease funding FÁS Services to Business and 6.000 Reduction of €6 million has been made in 2010 Skillnets Estimates for FÁS’s Services to Business Abolish FÁS training allowances for 3.200 This recommendation is being implemented in participants who do not qualify for Budget 2010 Jobseekers Benefit/Allowance Formally merge the functions of the Registrar 0.146 The CRO and the RFS currently operate on a of Friendly Societies and Companies shared office basis. Legislative change is Registration Office and secure additional required to formally merge the bodies. The efficiencies Department is currently reviewing the Industrial and Provident Societies (co- operatives) and Friendly Societies legislation. In the meantime, administrative efficiencies of €140,000 have been identified for 2010. Savings in Corporate Services; reduction in 0.468 Non-Pay savings of €468,000 and substantial Administrative Budget. Pay savings in the Administrative Budget will be reflected in the Revised Estimates Volume.

Total 13.695

Semi-State Bodies. 187. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will explain the term one time staff vendors with respect to purchases made by FÁS; and if she will make a statement on the matter. [1319/10] 171 Questions — 19 January 2010. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The term referred to by the Deputy relates to a sundry costs account maintained in FÁS. The account, which is operated on a vouched basis, is used for the reimbursement of costs to FÁS personnel for the purchase, by staff members in the first instance, of sundry items on behalf of the Agency.

Consumers’ Rights. 188. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if her Department has made representations to the European Commission regarding the fact that many retailers cannot purchase from suppliers’ sterling price lists and may only purchase goods from Euro price lists; and if she will make a statement on the matter. [1321/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Responsibility in relation to the negotiation of commercial contracts between parties such as retailers and suppliers is essentially a matter for the contracting parties themselves. It should be appreciated that such negotiations are not homogenous in their nature and reflect the fact that considerations may apply in relation to negotiations between a supplier and a particular retailer that do not apply in relation to negotiation between that supplier and another retailer. Such considerations would include issues such as volume discounts etc. The Deputy will appreciate, therefore, that the fact that a supplier and a retailer may agree to contract for the supply of goods at a particular price does not necessarily mean that price will apply in respect of every negotiation between the supplier and other retailers for the supply of those goods given the variants that apply in relation to different negotiations. In so far as competition law has an effect on business relationships in the grocery goods sector, Section 4 of the Competition Act 2002 and Article 101 of the Treaty prohibit agreements, decisions and concerted practices that have as their object or effect the prevention, restriction or distortion of competition. Anti-competitive practices such as price fixing, limiting or controlling production and markets, market sharing, applying dissimilar conditions to equivalent transactions with other trading parties (thereby placing them at a competitive disadvantage) and making the conclusion of contracts subject to the acceptance of supplementary obligations are specifically prohibited. However certain agreements or concerted practices entered into between two or more undertakings operating at different levels of the production or distribution chain, which relate to the conditions under which the parties may purchase, sell or resell certain goods or services within the State may fall outside the scope of Section 4 or Article 101. For example, non-exclusive distribution agreements whereby the supplier agrees with the buyer to supply the contract goods or services to the buyer for a certain territory but without any restriction on supplying other buyers within that territory are deemed to be outside the scope of section 4. It is also the case that certain agreements and practices can avail of a block exemption from competition rules, others require assessment on a case by case basis while hard-core anti-competitive practices (e.g. price fixing) is always prohibited. Section 5 of the Act 2002 and Article 102 of the Treaty prohibits abuse of a dominant position. The creation or existence of a dominant position does not breach competition law, rather it is the abuse of that position that constitutes the breach. The Competition (Amendment) Act 2006 strengthens the provisions of the 2002 Act by prohibiting practices such as: the imposition of resale price maintenance in regard to the supply of grocery goods (resale price maintenance is the practice whereby manufacturers or suppliers specify the minimum prices at which their goods may be resold); unfair discrimination in regard to the supply

172 Questions — 19 January 2010. Written Answers of grocery goods. This is a reference to a supplier offering preferential terms to one buyer over another even though the transactions involved are equivalent in nature. The legislation outlined above provides for the investigation of a breach by the Competition Authority and for prosecution on indictment by the Director of Public Prosecutions, which the Deputy will be aware are both independent bodies in the exercise of their statutory functions. Alternatively, aggrieved suppliers may take a private action for relief by way of injunction, declaration or damages including exemplary damages. Depending on the specific details of any individual case the EU Commission may also have a role. With regard to the practices referred to in the Deputy’s question, there may be jurisdictional considerations given that the practices may have a cross border dimension. I would urge the Deputy to bring any details of the practices concerned to the attention of the Competition Authority in order that the relevant competition body can be identified to follow up on the matter and to investigate if the said practices are in conformity with the provisions of competition law.

Job Losses. 189. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the way in which the monies provided from the European Gobalisation Fund for former Dell and associated workers will be allocated and monitored. [1322/10]

192. Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment further to Parliamentary Question No 63 of 13 October 2009 the way the monies from the EU Globalisation Fund will be allocated to former employees of a company (details supplied); the timeframe involved for spending these funds; and if she will make a statement on the matter. [1428/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 189 and 192 together. Since the announcement of the DELL and related redundancies in Raheen in January 2009, FÁS has already provided guidance service and training courses to over 1,500 workers made redundant. Enterprise Ireland and the local Vocational Education Committees also continue to promote and offer their business advice, grant aid and educational services. A number of affected workers have already enrolled on training courses and in further and third level education at institutions in the Mid-West region to date. The application for co-funded assistance from the European Globalisation Adjustment Fund (EGF) towards the costs of a personalized package of occupational guidance, training, employment, entrepreneurship and educational measures for workers made redundant at the DELL plant in Raheen, Co. Limerick, and in ancillary enterprises, was made by my Department in mid-June 2009. It was subsequently approved by the European Union budgetary authorities in late December 2009. The transfer of EU funds is anticipated later this month. Provision has been made in my Department’s Vote for the national financing element required. The timeframe permitted for eligible expenditure under the Fund is 24 months from the date of submission of an application, or from the date of commencement of relevant measures provided this is no later than 3 months after the application’s submission. As such in the case of the DELL related application the latest date for expenditure is September 2011. My Department will be the managing authority for EGF funding in the State while the Department of Education and Science, FÁS and Enterprise Ireland will be designated intermediate bodies for funds transfer, reporting and monitoring purposes. Approved funding will

173 Questions — 19 January 2010. Written Answers

[Deputy Mary Coughlan.] be made available to public beneficiaries delivering services on the ground to the eligible redundant workers. All intermediate bodies shall certify expenditure in their particular area of responsibility and report to my Department. All relevant EU and national accounting and auditing procedures and requirements must be adhered to by the relevant intermediate bodies and public beneficiaries. It is imperative that the wide range of measures being provided to eligible redundant workers is co-ordinated in the most effective and efficient manner locally and regionally. To that end, I have charged FÁS to establish a dedicated EGF Co-ordination Unit in Limerick to ensure that all relevant supports across all service providers are coordinated on the ground in a timely, effective and efficient manner. The Unit shall act as the primary coordination agency for the Department in the implementation of the EGF programme for DELL worker related supports. The EGF Co-Ordination Unit is now contacting all potential beneficiaries of the Fund from DELL and the other ancillary enterprises to outline the supports on offer. They are also inviting the workers to a 2 days information fair in Limerick early next month at which all service providers will be in attendance to explain their programmes and supports, to answer queries and to provide for course registrations. In parallel, a steering group is being established to include worker representative bodies in order to ensure that the views of the redundant workers and other key stakeholders are made known and fed into the implementation process. The Minister for Labour Affairs will be meeting the DELL Redundant Workers Association as part of this process in the coming days. A review of the operation of the Fund shall be undertaken by the Department in June 2010.

190. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to apply for funding from the European Globalisation Fund with respect to regions other than the mid-west; and if she will make a statement on the matter. [1323/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): To date my Department has made two applications, and is in the process of finalising a third application, for assistance under the European Globalisation Adjustment Fund (EGF). These applications are in relation to major redundancies at the DELL plant in Raheen, Co. Limerick, the Waterford Crystal plant in Kilbarry, Co. Waterford and the S R Technics facility at Dublin Airport. Strict eligibility criteria apply under the EGF Regulation in order for a Member State to sustain the making of an application for assistance under the Fund. My Department continues to monitor all relevant redundancy and related information sources on a national basis to ensure that where it is considered that a viable application can be made and sustained under the EGF, irrespective of geographic location, it will be duly made.

Question No. 191 answered with Question No. 184.

Question No. 192 answered with Question No. 189.

Job Initiative. 193. Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment further to Parliamentary Question No. 222 of 16 September 2009 the status of the mid- west jobs task force report; when the final report will be finalised; the number of recommendations of the interim report which have been implemented; and if she will make a statement on the matter. [1430/10]

174 Questions — 19 January 2010. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The wide range of recommendations in the Mid-West Task Force report cover both local and national issues. In that respect, the Government has been responding to the economic downturn generally and has taken numerous initiatives, for example in relation to competitiveness and cost competitiveness, industrial employment stabilization, and employment activation measures. All of these measures have benefited regions affected by or threatened with job losses, including the Mid West region. Workers in the Mid West are the subject of a substantial package assembled by the Government in response to the redundancies arising from developments at Dell in Limerick and knock-on effects in other companies in the region. In addition, the State agencies IDA, Enterprise Ireland, Shannon Development and the County Enterprise Boards have redoubled their efforts to stimulate industrial employment in the Mid West region. For example, IDA is supporting eight industrial projects with a job potential of 1,073 which were announced by multinational companies in the Mid West in 2008 and 2009 and are now being brought into operation. The measures mentioned above are outlined more fully in an initial response to its recommendations which I sent to the Task Force in late September. Given the wide range of recommendations in the report, I have also brought the report to the attention of my colleagues in Cabinet and it is currently being further considered in a number of other Government Depart- ments as well as in my own Department following the recent budget. I am very grateful for the work Mr Brosnan and the other members of the Task Force have undertaken to date. I shall continue to keep the Task Force informed on the Government’s work on matters covered in the interim recommendations. The Task Force has identified a number of issues for further study in its Final Report which I look forward to receiving in the coming months.

Community Employment Schemes. 194. Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if changes have been made in community employment schemes following Budget 2010; if so, if a person can remain on a CE scheme longer than three years; and if she will make a statement on the matter. [1462/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. Budget 2010 contained some changes to Community Employment Schemes however, the qualifying criteria and rules for participation remain unchanged. A number of savings were identified, mainly in the area of training allowances that are linked to Social Welfare payments and certain FÁS Allowances that are provided in addition to the core training allowances. The FÁS allowance for CE and JI participants will reduced from €24.40 and €48.80 per week to €20 and €40 per week respectively. In addition, new entrants to FÁS training programmes will only be paid an allowance if they had been entitled to Job Seekers Allowance or Job Seekers Benefit. The funding in respect of training and materials for those on CE programmes will be reduced from €1,500 to €750 per head per annum. These savings will allow for an increase of 500 CE places bringing the total number of places available to 23,300. A person can remain on a CE

175 Questions — 19 January 2010. Written Answers

[Deputy Dara Calleary.] Scheme for longer than 3 years if they are aged 55 years or over. In addition persons in receipt of the following disability-linked Social Welfare payments may be eligible for an additional 1 year’s participation: Disability Allowance; Blind Pension; Invalidity Pension; Illness Benefit for 6 months or more.

195. Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will, through FÁS, explore the possibility of developing community employment schemes on developing walkways and cycle routes on disused railway lines nationally in view of the fact that there are more than 400,000 persons unemployed here; and if she will make a statement on the matter. [1487/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. The purpose of CE is to help unemployed people to re-enter the open labour market by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. Eligible projects are those which: respond to an identified community need; provide development for participants in areas involving heritage, arts, culture, tourism, sport and the environment; have the agreement of relevant trade unions; do not displace or replace existing jobs; offer valuable work experience for participants. FÁS would welcome proposals from Local Sponsors to carry out projects such as those mentioned by the Deputy. All proposals would be considered within allocated budgets and participant numbers.

Ethics in Public Office. 196. Deputy Fergus O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if she will make a statement on the matter. [1509/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Under the Ethics Acts, gifts, favours and hospitality given to office holders and valued at over €650, must be included in the “Annual Statement of Registrable Interests” made to the Stan- dards in Public Office Commission. During the period in question one gift, favour or item of hospitality valued in excess of €650 was received: Miniature Gilded Boat presented by the Minister for Foreign Trade of the United Arab Emirates during a Trade Mission to Dubai and Abu Dhabi in November, 2008. This gift was surrendered to the State and declared in my Statement of Registrable Interests submitted to the Standards in Public Office Commission. Gifts, favours or hospitality received under the threshold are not recorded because they are not subject to declaration.

Departmental Agencies. 197. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the charges levied or set by his Department or agencies for the provision of goods or services to individuals or businesses; if those charges have been changed during 2008 or 2009; the revenue in 2009 accrued from these charges; the anticipated income from such charges in 2010; and if she will make a statement on the matter. [1592/10]

176 Questions — 19 January 2010. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In the time available since this Question was tabled my Department has not been able to collect information on all the issues raised by the Deputy. In this regard, I would point out that my Department includes such Offices as the Companies Registration Office and the Patents Office, which provide several services for which charges are made. I will forward the information to the Deputy.

Employment Rights. 198. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason former employees and pension holders of a company (details supplied) are not covered under the Protection of Employee Rights on Transfer of Under- takings Regulation 2003; and if she will make a statement on the matter. [1642/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The current Irish law in the area of “transfer of undertakings” is the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 — Statu- tory Instrument (S.I.) No. 131 of 2003. The Regulations implement the mandatory (i.e. mandatory to transpose) provisions of EU Council Directive 2001/23/EC of 12 March 2001 which is aimed at safeguarding the rights of employees in the event of a transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. Section 21 of the Employees (Provision of Information and Consultation) Act 2006 transposed a provision of the European Directive relating to the information to be provided by the original employer to the new employer. Complaints relating to alleged contravention of the Regulations on Transfer of Undertakings can be brought in the first instance to a Rights Commissioner and, on appeal, to the Employ- ment Appeals Tribunal. Any such case should be taken within six months of the date on which an employee considers that there has been a contravention of the Transfer of Undertakings Regulations. I understand that no complaint has been made to the Rights Commissioners Service in relation to this case. In accordance with the Transfer of Undertaking Regulations, it would be a matter for a Rights Commissioner to determine in law if any particular case does, in fact, constitute a transfer of undertakings situation. Thus, the circumstances of each individual case would have to be considered by a Rights Commissioner, in the first instance, in the light of all previous case law including European Court of Justice case law. An application to a Rights Commissioner can be made by the employee, or by a representative (including a trade union representative) by contacting the Rights Commissioner Service of the Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4, or phone 01 6136700.

Proposed Legislation. 199. Deputy John McGuinness asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on expanding the role of the registrar of friendly societies in line with the role and function of the certification officer in the United Kingdom; and if she will make a statement on the matter. [1817/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): As the Deputy will be aware I have directed my Department to extend the scope of the reviews of the existing legislation relating to industrial and provident societies (co-operative societies) and friendly societies to include the functions of the Registrar of Friendly Societies under the Trade Union Acts. The Deputy may also be aware that the McCarthy report made a

177 Questions — 19 January 2010. Written Answers

[Deputy Mary Coughlan.] recommendation in relation to the Office of the Registrar of Friendly Societies, and this too is being taken into consideration in the context of the reviews. Our trade union legislation is very much based on the UK Acts, the principal Act being a UK Act of 1871, and whilst there have been some amending Acts in the intervening years the basic registry functions have remained relatively similar in the two jurisdictions. I would anticipate, insofar as the review of the legislation will consider the functions of the Registrar under the Trade Union Acts, that it will have due regard to the functions discharged by comparable regulatory bodies in other jurisdictions, in particular the UK, given the historic linkages.

Semi-State Bodies. 200. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of staff working in FÁS; the number of staff grouped by grade; the number of staff employed on a temporary short term contract; the number of staff on a fixed contract; the number of staff involved in providing direct training; and if she will make a statement on the matter. [1857/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The table shows the number of staff working in FÁS broken down by grade. Of the total number indicated below 10.5 persons are employed on fixed term contracts and the remainder are permanent FÁS staff. A total of 456.75 persons are involving in providing direct training. Information on temporary staff is currently being compiled and will be communicated to the Deputy when it is available.

Grade Total

1 1.00 3 5.00 4 25.00 5 2.00 6 88.00 7 136.84 8 786.53 9 150.46 10 197.04 11 569.14 13 94.39

Total 2,055.4

201. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of FÁS premises; the number of FÁS premises grouped by function; the amount of rent paid by FÁS in 2009; and if she will make a statement on the matter. [1858/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The current total number of FÁS owned or leased premises is 130. This number breaks down by function as follows:

• FÁS-owned main Training Centres: 17 178 Questions — 19 January 2010. Written Answers

• FÁS-leased main Training Centres: 2

• FÁS-leased main Training Centre sites: 1

• FÁS-leased temporary Training Centre satellite units: 45

• FÁS-leased Head Office premises: 5

• FÁS-owned Head Office sites: 1

• FÁS-leased Employment Services Offices: 54

• FÁS-owned Employment Services Offices: 2

• FÁS-leased Community Services/Service to Business premises: 3

The information above excludes leased Employment Services temporary “clinic” type premises, Local Employment Service premises and all Community Training Centre type premises. The provisional estimated rent for 2009 is €10.805m.

202. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of training courses provided directly by FÁS; the number of training courses sourced by FÁS in other educational institutions and in the private sector; and if she will make a statement on the matter. [1859/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I understand that FÁS is currently collating the information requested by the Deputy. I will write to the Deputy again once this has been completed.

Job Losses. 203. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on her application for funding under the European globalisation adjustment fund for former employees at a company (details supplied); when a decision will be made on the application; the structures she is putting into place to disperse funding allocated to former employees under the European globalisation adjustment fund; and if she will make a statement on the matter. [1879/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Last October, my Department submitted a provisional application to the European Commission seeking co-financing support from the European Globalisation Adjustment Fund (EGF). The application relates to the provision of a personalised package of training, educational and entrepreneurial supports to workers made redundant at SR Technics. The Commission has recently sought additional information in relation to the application which my Department is currently preparing. State agencies such as FÁS, Enterprise Ireland and local Vocational Edu- cation Committees have made, and continue to make, the full range of their employment, training, guidance and advisory services available to workers made redundant at S.R. Technics.

Redundancy Payments. 204. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Mayo will receive their redundancy payment. [1884/10]

179 Questions — 19 January 2010. Written Answers

206. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Mayo will receive their redundancy payment. [1886/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 204 and 206 together. My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received statutory lump sum claims for the individuals concerned and some former employees of the company on 26 November 2009 claiming inability to pay on behalf of the employer. These claims await processing. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from April 2009 and those filed online from May 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees, such as in this instance, the Section is, in general, processing claims dating from July 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Depart- ment since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for 2009 of 77,001. This figure exceeds the claims lodged for 2008 (40,607) by 90% and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include the reassignment of 26.7 additional staff (full time equivalents) from other areas of the Department to the Redundancy Payments area since early 2009 with ongoing review of trends and demands. The current number of staff serving in the Redundancy Payments Section in terms of full time equivalents is 52.5; the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours; the establishment of a special call handling facility to deal with the huge volume of telephone calls from people and businesses who are naturally concerned about their payments, using the facilities and cooperation of the National Employment Rights Authority (NERA). This centre has received an average of 12,500 calls per month this year with an estimated 60% relating to redundancy payments. There has also been the provision of better quality information relating to current processing times on the Department’s website and engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Commis- sioners. The Tánaiste and I continue to monitor closely the impact of these changes against the continuing influx of redundancy claims and we are currently looking at ways in which additional resources can be allocated to the area in the first quarter of 2010.

205. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Mayo will be awarded their statutory redundancy. [1885/10]

180 Questions — 19 January 2010. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received a statutory lump sum claim for the individual concerned on 4 August, 2009 claiming inability to pay on behalf of the employer. This claim awaits processing. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from April 2009 and those filed online from May 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees, such as in this instance, the Section is, in general, processing claims dating from July 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Depart- ment since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for 2009 of 77,001. This figure exceeds the claims lodged for 2008 (40,607) by 90% and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include the reassignment of 26.7 additional staff (full time equivalents) from other areas of the Department to the Redundancy Payments area since early 2009 with ongoing review of trends and demands — the current number of staff serving in the Redundancy Payments Section in terms of full time equivalents is 52.5; the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours; the establishment of a special call handling facility to deal with the huge volume of telephone calls from people and businesses who are naturally concerned about their payments, using the facilities and cooperation of the National Employment Rights Authority (NERA). This centre has received an average of 12,500 calls per month this year with an estimated 60% relating to redundancy payments. There has also been the provision of better quality information relating to current processing times on the Department’s website and engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners. The Tánaiste and I continue to monitor closely the impact of these changes against the continuing influx of redundancy claims and we are currently looking at ways in which additional resources can be allocated to the area in the first quarter of 2010.

Question No. 206 answered with Question No. 204.

207. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Mayo will receive payment under the insolvency payment scheme. [1887/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I can confirm to the Deputy that my Department received an application under the Insolvency Payments Scheme on 27 November 2009 for Arrears of Wages, Holiday Pay and

181 Questions — 19 January 2010. Written Answers

[Deputy Dara Calleary.] Minimum Notice on behalf of the person concerned and some former employees of this company. The impact on business of the severe economic circumstances currently pertaining has resulted in a significant rise in the level of company receiverships and insolvencies. Conse- quently, an increasing number of claims are being submitted to the Insolvency Payments Section, with 21,411 new claims lodged in 2009 — a 78% increase over the volume received in 2008. My officials endeavour to process all claims as quickly as possible and claims are dealt with in order of date of receipt. Current processing times indicate that the individual’s claim should be paid by end February/beginning of March, however my Department is constantly endeavouring to achieve earlier completion and payment dates.

Semi-State Bodies. 208. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of site visits to County Mayo conducted by Industrial Development Authority in 2008 and in 2009; and if she will make a statement on the matter. [1904/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I have been informed by IDA that in the years 2008 and 2009 there was a total of 4 site visits by potential investors to County Mayo. During 2009 there was one visit to Ballina, while in 2008, there were two visits to Westport and one visit to Claremorris. For reasons of commercial sensitivity and client confidentiality, details of the potential investors involved are not disclosed.

209. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons currently employed in Industrial Development Authority supported companies in a location (details supplied); the comparison figures for each of the past five years; and if she will make a statement on the matter. [1905/10]

Table showing the number of people employed in IDA supported companies in County Mayo in each of the years 2005 to 2009.

Year 2005 2006 2007 2008 2009

Numbers employed 3,038 2,973 3,004 3,010 2,992

Industrial Development. 210. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding a project (details supplied) in County Mayo; the number of units that are available at that location; the number of units that have been occupied; if there is any active interest in the location by investors; and if she will make a statement on the matter. [1906/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The management of IDA Ireland’s industrial property portfolio, including the creation and 182 Questions — 19 January 2010. Written Answers development of business parks, are day-to-day operational matters for the agency and not matters in which I have a function. I have been informed by IDA that the Westport Business and Technology Park consists of 14.88 hectares of which 9.56 hectares are available for investment projects. One unit has been built on the park and is currently occupied. There are no other units available on the Park. IDA continues to market the Park to potential investors but, in the final analysis, it is the investor who decides where to locate.

FÁS Training Programmes. 211. Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the way a person on a FÁS course with child dependants is to be compensated for the cut in child benefit. [2055/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Budget 2010 provided an increase of 14.6% in the weekly child dependent allowance for qualifying participants on FÁS training and employment schemes.

Departmental Staff. 212. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of staff in her Department, broken down by division and section, annually since 2007 to date in 2010; and if she will make a statement on the matter. [2167/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The table outlines the number of staff in my Department, broken down by division and section, annually since 2007 to date in 2010. The figures reflect the number of staff (full time equivalents) serving at the end of December each year and to date in 2010. In addition to the figures, my Department has 3 staff serving in the Irish Mission in Geneva.

Corporate Services Division:

Section 2007 2008 2009 January 2010

Ministers & Secretariat 38.60 45.80 41.80 41.80 Secretary General 1.00 1.00 1.00 1.00 Corporate Services Assistant Secretary 1.00 1.00 1.00 1.00 Personnel Unit 31.40 30.88 24.90 24.90 PIAB Unit 2.10 2.60 1.00 1.00 Press Office & FOI Unit 8.00 7.80 6.00 6.00 Business Services Unit 26.00 26.83 22.23 22.23 Service Officers / Attendant/ Cleaners 47.00 47.00 48.00 48.00 IT Unit 25.73 27.80 28.00 29.00 Management Support Unit 11.80 12.60 10.80 10.80 Finance Unit 35.83 34.83 34.73 35.73 Internal Audit / ESF 11.70 15.00 18.00 18.00

Division Total 240.16 253.14 237.46 239.46

183 Questions — 19 January 2010. Written Answers

[Deputy Mary Coughlan.] Competitiveness & International Affairs Division:

Section 2007 2008 2009 January 2010

Assistant Secretary 1.00 1.00 1.00 1.00 Bilateral Trade 7.23 7.60 5.50 5.50 Market Access 17.30 17.70 15.30 15.30 EU Affairs 8.60 9.80 8.80 8.80 Environment 3.60 3.60 3.00 3.00

Division Total 37.73 39.70 33.60 33.60

Enterprise & Agencies Division:

Section 2007 2008 2009 January 2010

Assistant Secretary 1.00 1.00 1.00 1.00 Enterprise & Agencies 11.60 14.40 9.80 9.80 Enterprise Policy and Standards 7.80 8.00 9.00 9.00 PSOP & Small Business 7.30 7.10 8.90 8.90 Local Enterprise 8.60 7.60 5.60 5.60 Sectoral Enterprise and E-Business 10.15 9.15 5.60 5.60

Division Total 46.45 47.25 39.90 39.90

Consumers, Competition & Commerce Division:

Section 2007 2008 2009 January 2010

Assistant Secretary 1.00 1.00 1.00 1.00 Company Law Administration 7.90 8.40 8.40 8.40 Company Law Financial Services and Legislation 9.00 9.10 7.60 7.60 Company Law Review 4.00 4.00 5.00 5.00 Office of the Director of Corporate Services 32.90 36.50 40.60 40.60 Companies Registration Office, Dublin 103.20 98.36 74.89 72.89 Companies Registration Office, Carlow 27.95 28.45 31.95 31.95 Registry of Friendly Societies 8.00 7.00 6.55 6.55 Competition and Consumer Policy 14.10 13.40 10.40 10.40 Office of the Director of Consumer Affairs (NCA) 53.10 44.80 34.50 34.50

Division Total 261.15 251.01 220.89 218.89

Science, Technology and Intellectual Property Division:

Section 2007 2008 2009 January 2010

Assistant Secretary 1.00 1.00 1.00 1.00 Science Policy & Int. Research 6.80 8.50 7.50 7.50 National Programmes & Policy 6.30 9.10 6.80 6.80 Intellectual Property Unit 9.60 10.00 6.80 6.80 Patents Office 60.50 60.10 56.40 56.40

Division Total 84.20 88.70 78.50 78.50

184 Questions — 19 January 2010. Written Answers

Labour Force Development Division:

Section 2007 2008 2009 January 2010

Assistant Secretary 1.00 1.00 1.00 1.00 Employment and Training Strategy 9.00 8.80 8.80 8.80 Policy Unit on Employment 3.50 4.50 2.00 2.00 European Social Fund Policy & Op 14.00 13.00 8.00 7.00 Labour Market Policy 7.00 9.00 6.00 6.00 Work Permits 36.33 34.70 23.30 22.30

Division Total 70.83 71.00 49.10 47.10

Employment Rights and Industrial Relations Division:

Section 2007 2008 2009 January 2010

Assistant Secretary 1.00 1.00 1.00 1.00 Employment Appeals Tribunal 30.00 34.60 36.40 36.40 Health and Safety Policy / Liaison 5.00 5.00 4.00 4.00 REACH 2.00 2.00 2.00 2.00 Employment rights 10.80 8.80 8.80 8.80 Employment rights Compliance Legislation 5.00 5.00 5.00 5.00 NERA DUBLIN (Labour Inspectorate) 30.50 29.50 28.30 28.30 NERA CARLOW 62.20 59.83 55.33 53.33 NERA CORK — 16.00 12.00 12.00 NERA SHANNON — 14.00 13.00 13.00 NERA SLIGO — 11.00 10.00 10.00 Information Unit —— Redundancy Payments 20.20 23.20 57.20 56.20 Insolvency Payments 9.80 11.60 14.90 14.90 Industrial Relations 9.00 8.50 7.60 7.60 Labour Court 39.60 38.50 28.50 28.50 Labour Relations Commission 48.00 47.60 47.50 47.50

Division Total 273.10 316.13 331.53 328.53

Tax Code. 213. Deputy Mary Upton asked the Minister for Finance his views on the recently introduced carbon levy as a environmental measure in view of the fact that public transport operators have been forced to cut services due to reduced funding; his further views on whether this will force persons back into private cars thus negating environmental benefits; and if he will make a statement on the matter. [1062/10]

214. Deputy Mary Upton asked the Minister for Finance his views on whether the carbon levy is appropriate as an environmental measure in view of the fact that it has not been accompanied by increased support for public transport to encourage a modal shift in behaviour but has instead been accompanied by further funding and service cuts by public transport operators; and if he will make a statement on the matter. [1063/10] 185 Questions — 19 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): I propose to take Question Nos 213 and 214 together. The Deputy must bear in mind that the emissions from the transport sector account for around 30% of non-ETS emissions. The carbon tax is about sending price signals to the sector as a whole. The carbon tax does not differentiate between private and public transport per se, however, the impact on public transport will be far less than on private transport by virtue of the fact that the higher cost of fuel is dispersed amongst more people, for example, using a bus compared to an individual in a car. Consequently, the carbon tax will be proportionately less for users of public transport which should be an incentive for its use. In addition, the carbon tax provides an incentive for both private motorists and providers of public transport to invest in fuel efficient cars and buses when they are making future purchasing decisions. It should also be noted that the Government has invested record levels of public funds in developing transport infrastructure and services over the last decade. In particular, under Transport 21, over €3bn has been invested in public transport since 2006. In rural areas, in addition to the provision of more buses for Bus Eireann, the Rural Transport Programme funding has more than doubled since 2005, and funding levels in 2010 is being be protected at that provided in 2009 (€11m).

215. Deputy Edward O’Keeffe asked the Minister for Finance if he will assist a person (details supplied) in County Cork in obtaining her P45. [1548/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that an Officer from Roscommon District will call to the taxpayer’s former employer, who is based in Roscommon, and will give priority to securing the outstanding P45.

Departmental Staff. 216. Deputy Michael Ring asked the Minister for Finance the number of persons that have applied for the position of Secretary General at his Department following recent advertise- ments; if a person has been appointed; when the appointment will be made; the location at which the secretary general will be located; and if he will make a statement on the matter. [1891/10]

Minister for Finance (Deputy Brian Lenihan): Fifteen persons applied for the post of Sec- retary General, D/Community, Rural & Gaeltacht Affairs. An appointment was made today Tuesday 19th January 2010. On foot of Government decisions on the Decentralisation Prog- ramme, the headquarters of the Department will move to Charlestown, Co Mayo and the person appointed Secretary General will serve at that location.

217. Deputy Jim O’Keeffe asked the Minister for Finance the policy regarding the term of office of Secretaries General; the policy regarding the renewal of such terms; if such renewals are consistent with the terms of the strategic management initiative and other policy documents in this area; and if he will make a statement on the matter. [1933/10]

218. Deputy Jim O’Keeffe asked the Minister for Finance the number of Secretaries General whose term of office as head of a Department or office has expired and whose term of office as head of a Department or Office has been renewed; and if he will make a statement on the matter. [1934/10]

219. Deputy Jim O’Keeffe asked the Minister for Finance the number of Secretaries General whose term of office as head of a Government Department or office has expired and who have

186 Questions — 19 January 2010. Written Answers stepped down as head of that Department or office but remain as civil servants; if, in each instance, the salary of such persons is equivalent to or lower than a Secretary General who is currently the head of a Government Department or office; and if he will make a statement on the matter. [1935/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 217 to 219, inclusive, together. Secretaries-General are appointed for not more than 7 years and are obliged to retire at 60 years of age. If, on appointment as Secretary, a person is between 56 and 60 years of age, the Government may, at its discretion, (a) waive that person’s obligation to retire at 60 and (b) permit the person to serve as Secretary for a period not exceeding 4 years in any case. In the case of a Secretary-General appointed for not more than seven years, who has served a term of office before reaching 60, the Government should then formally decide on one of the following courses: to appoint him or her to an appropriate position (carrying the same remuneration) elsewhere in the civil service; to arrange for such an appointment (in agreement with the officer) in another area of the public service or in an international institution; to allow him or her to opt for early retirement on a voluntary basis with immediate pension and lump sum and a special severance gratuity of one half of annual salary on the term specified in Sections 6 and 7 of the Superannuation and Pensions Act 1963. Secretaries General appointed for a seven year period may, during their fifth year of office, be invited to indicate their interest in a further appointment, either in their existing or another Department, for a total of ten years at the discretion of the Government. Two serving Secretaries General have had their original terms extended and two Heads of Offices who are at Secretary General level have also had their terms extended. Currently no Secretary General who has stepped down as head of a Department or Office remains as a civil servant.

National Assets Management Agency. 220. Deputy George Lee asked the Minister for Finance the purpose of the National Assets Management Agency meetings with county managers and if NAMA had been lobbying to have land rezoned to increase its value; and if he will make a statement on the matter. [2048/10]

296. Deputy George Lee asked the Minister for Finance the purpose of the National Assets Management Agency’s meetings with county managers; if the National Assets Management Agency will be lobbying to have land rezoned to increase its value; and if he will make a statement on the matter. [1931/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 220 and 296 together. I am informed that NAMA officials held a meeting with local authority officials at the request of the latter. As NAMA had not acquired any assets, the meeting was limited to a discussion of general issues and did not focus on how NAMA would operate in detail. As regards the matter of lobbying referred to by the Deputy, I can assure the House that NAMA has not been lobbying to have land rezoned in order to increase its value. Neither do I expect such lobbying to occur in the future.

Tax Code. 221. Deputy George Lee asked the Minister for Finance the changes to mortgage interest relief outlined in the budget 2010; and if he will make a statement on the matter. [48244/09]

187 Questions — 19 January 2010. Written Answers

262. Deputy Joe McHugh asked the Minister for Finance if he will explain the nature of all reliefs for first-time house buyers pursuant to budget 2010; if first time buyers receive just tax relief for seven years in total irrespective of the date of purchase; if reliefs for first-time buyers in certain categories of first--time buyers extended to 2017; if so, the reason therefore; and if he will make a statement on the matter. [1203/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 221 and 262 together. The position in relation to mortgage interest relief is as I stated in my Budget speech on 9 December 2009. As a support to homeowners who may now find themselves in negative equity, I am extending mortgage interest relief up to the end of 2017 for those who took out qualifying loans from 2004. To encourage those who want to buy a house over the next three years I will provide that qualifying loans taken out before 1 July 2011 will continue to get relief at current levels, and transitional arrangements will apply to loans taken out in the subsequent 18 months at a reduced level and duration. It is my intention to abolish mortgage interest relief entirely by the end of 2017. Full details in relation to the new rates, ceilings, duration of the relief and other provisions required will be set out in the Finance Bill.

Pension Provisions. 222. Deputy Ruairí Quinn asked the Minister for Finance if, further to his budget 2010 speech, he will apply the proposed public sector pension reforms to public servants who are due to retire in 2011 and beyond; if these proposed reforms will only apply to new public servants in the future; and if he will make a statement on the matter. [48276/09]

Minister for Finance (Deputy Brian Lenihan): In the Budget I announced that there would be a new single public service pension scheme introduced for new entrants to the public service. Relevant legislation will be introduced in 2010 and the scheme will be in place by the end of the year. The introduction of a single pension scheme will provide a standard, consistent and efficient structure for the future management and control of public service pensions. As this reform is for new entrants, it will not apply to those who are currently in the public service. The Budget also made clear that the Government will consider using the Consumer Price Index as the basis for post-retirement increases for both existing and future pensioners. I would add that the term public sector is usually taken to comprise all those who are employed, both directly and indirectly, by a public body. The public service is, broadly speaking, the public sector less the commercial semi-state bodies.

Tax Collection. 223. Deputy Joan Burton asked the Minister for Finance if he will provide an analysis of the numbers of individuals on interest returns made by financial institutions received by the Revenue Commissioners by county for the years 2007 and 2008 within the following bands, up to €10,000, between €10,001 and €25,000, €25,001 and €50,000, €50,001 and €100,000, €100,001and €200,000, €200,001 and €300,000, €300,001 and €400,000, €400,001 and €500,000, €500,001 and €600,000, €600,001 and €750,000, €7500,001 and €1,000,000 and in excess of €1,000,001; and if he will make a statement on the matter. [48295/09]

188 Questions — 19 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the information requested is as follows, insofar as it is available.

Range of interest reported Number of Records reported

2007 2008

<= 10,000 474,327 1,375,937 Between: 10,001 & 25,000 29,851 39,414 Between: 25,001 & 50,000 9,820 12,715 Between: 50,001 & 100,000 4,683 6,030 Between: 100,001 & 200,000 2,019 2,825 Between: 200,001 & 300,000 658 884 Between: 300,001 & 400,000 290 459 Between: 400,001 & 500,000 173 273 Between: 500,001 & 600,000 95 162 Between: 600,001 & 750,000 88 164 Between: 750,001 & 1,000,000 88 156 >= 1,000,001 211 417

Financial Institutions report each party to an account where the account is a Joint Account. This could mean that a joint account is included more than once i.e. for each of the parties. The figures relate to all accounts not just those of individuals. The Financial Institutions do not classify the accounts into individuals, companies, trusts, charities etc. A county-by-county breakdown is not provided. Financial Institutions made their returns to the Revenue Commissioners on behalf of their entire organisation. To provide a breakdown by county would require text analysis of address details reported which would be very labour intensive and, in any event, the results would not be accurate.

Departmental Staff. 224. Deputy George Lee asked the Minister for Finance the number of civil service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48314/09]

Minister for Finance (Deputy Brian Lenihan): At 31 December 2009 there were 606 people (560.78 wholetime equivalent) employed in my Department. There are currently 57 officers who hold degrees in Economics and related disciplines, 44 who hold a Masters graduate qualification in Economics and related disciplines, and 2 officers who hold a PhD. Some officers will, of course, be included in more than 1 of these categories. My Department has a long-standing policy of recruiting economists. Individuals with skills and qualifications in economics are employed at almost all levels in the Department. The Deputy will be interested to know that, of the last 7 appointments at Assistant Secretary level in the Department, 5 had Masters qualifications in economics or related disciplines, while 2 had primary degrees in economics or related disciplines.

Pension Provisions. 225. Deputy Pat Breen asked the Minister for Finance further to Parliamentary Question No. 141 of the 21 October 2009, if the report of the interdepartmental committee on the issues 189 Questions — 19 January 2010. Written Answers

[Deputy Pat Breen.] of ethical investment in the National Pensions Reserve Fund has been completed; if this report will be presented to the House of the Oireachtas in the near future; and if he will make a statement on the matter. [48338/09]

Minister for Finance (Deputy Brian Lenihan): Further to my reply to the Deputy on 21 October 2009, I understand that considerable progress has been made towards completion of this report. Many of the issues involved are of a complex nature and have required considerable discussion and consideration by members of the Committee and their respective Departments. The Committee is now finalising its report and I look forward to receiving it in the near future.

Decentralisation Programme. 226. Deputy John O’Mahony asked the Minister for Finance the position regarding the case of a person (details supplied) who is on the central application facility transfer list for transfer to any Department in counties Mayo, Sligo, Galway, Roscommon and Longford; if the transfer will happen in the short term; and if he will make a statement on the matter. [48344/09]

Minister for Finance (Deputy Brian Lenihan): My Department does not hold details on the status of individual applications made through the Central Applications Facility (CAF). Responsibility for the implementation of the projects included in the decentralisation programme is a matter for the individual organisations concerned and these would be best placed to advise in relation to the status of applications made in respect of their decentralised or decentralising location. I have forwarded the details you have provided to the relevant Government Departments and have asked each Department to provide you with an update in relation to any application made by the person concerned to that organisation, or to any agencies under its aegis, as soon as possible.

Public Procurement. 227. Deputy Joanna Tuffy asked the Minister for Finance if the national public procurement operations unit has begun the process of implementing green public procurement principles into government procurement practices; if a timeframe has been drawn up for the implementation of EU directives 17 and 18 of 2004; and if he will make a statement on the matter. [48355/09]

Minister for Finance (Deputy Brian Lenihan): The National Public Procurement Operations Unit (NPPOU) has begun the process of implementing green procurement principles by having a systemised referral of all procurement projects to a working group consisting of the Depart- ment of the Environment, Heritage and Local Government, Department of Communications Energy and National Resources and the Department of Enterprise, Trade and Employment. The purpose of the referral is to identify policies and national targets that can be supported through the procurement process. This leads to the inclusion of green, social and commercial principles and objectives in the NPPOU’s procurement strategies. The NPPOU operates in full compliance under the terms of Directive 2004/18/EC. Directive 2004/17/EC applies to the utilities sector. The NPPOU has not acted in that sector to date. When it does so, the requirements of the Directive will be complied with fully.

190 Questions — 19 January 2010. Written Answers

Tax Code. 228. Deputy Michael McGrath asked the Minister for Finance if he will respond to a query regarding the calculation of income tax liability (details supplied). [48366/09]

Minister for Finance (Deputy Brian Lenihan): The position is that neither income levy nor employee PRSI are allowable deductions in arriving at an individual’s taxable income for income tax purposes. However, the public sector pension-related deduction is an allowable deduction in arriving at an individual’s taxable income for income tax purposes.

229. Deputy Paul Gogarty asked the Minister for Finance the reason an increase in general taxation might lead to a reduction in revenues at this point in time; and if he will make a statement on the matter. [48369/09]

Minister for Finance (Deputy Brian Lenihan): Budget 2009 and last April’s Supplementary Budget introduced measures designed to yield around €3.8 billion in additional revenue in 2009. This was a considerable figure, particularly in the context of falling economic growth. A third set of increases in the tax burden over such a short period would have a negative impact on enterprise and on growth prospects in general for 2010. As I outlined in the Budget 2010 Statement in relation to tax increases, a limit had been reached and job creation would be impacted by further increasing the penalty on work and investment.

Public Sector Expenditure. 230. Deputy Paul Gogarty asked the Minister for Finance the course of action recommended by the European Central Bank regarding the measures that need to be taken to reduce our borrowings by €4 billion in 2009, in terms of taxation policy, public sector bill, social welfare bill; and if he will make a statement on the matter. [48370/09]

232. Deputy Paul Gogarty asked the Minister for Finance the reason the cost of borrowing would increase under the agreement with the European Central Bank if action were not taken on reducing the social welfare and public sector bills, as opposed toΛa general increase in taxation; and if he will make a statement on the matter. [48372/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 230 and 232 together. The Government has set out a multi-annual framework to restore sustainability to the public finances and to reduce the General Government Deficit to below 3% of GDP by end-2014. Over the course of 2008 and 2009 the Government has already taken significant action on curbing expenditure and raising revenue. Budget 2010 represented a further phase in the consolidation of the public finances and as I outlined in my statement on Budget day, taking account of the fact that there had already been tax increases in the previous two budgets, a limit had been reached and job creation would be impacted by further increasing the penalty on work and investment. Consequently, Budget 2010 delivered an adjustment of €4 billion 1 (22% of GDP) for 2010. The adjustment mainly focused on reducing expenditure, including measures to further reduce the public sector pay bill, reduce Social Welfare spending and also to reduce other Departmental spending including an adjustment on capital expenditure. The measures taken to date by the Government, including those in Budget 2010, have been welcomed by the EU Commission and the European Central Bank.

191 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.]

On foot of these measures it is forecast that the General Government Deficit will stabilise in 2010 at the 2009 level. Failing to stabilise the deficit in 2010 and to progressively reduce it to below the Stability and Growth Pact limit by 2014 would necessitate further increases in borrowing. This would in turn lead to an unsustainable rise in our debt servicing costs. Debt servicing costs have a first call on available resources, therefore an increase in these costs impacts on the resources available for other priorities. This serves to underline the ongoing importance of the corrective measures to be introduced in the period to 2014 and the Govern- ment is determined to take the necessary action as set out in Budget 2010.

231. Deputy Paul Gogarty asked the Minister for Finance the cost of the public sector and social welfare sector as a proportion of the overall State bill; and if he will make a statement on the matter. [48371/09]

Minister for Finance (Deputy Brian Lenihan): I take it that the State bill referred to is gross Voted current spending. The Public Service pay bill is estimated at €18,675 million in gross terms for 2010, or 34% of gross Voted current spending. Social Welfare expenditure, net of pay, is estimated at €20,879 million or 38% gross Voted current spending.

Question No. 232 answered with Question No. 230.

Tax Code. 233. Deputy Joan Burton asked the Minister for Finance if he will explain the application of section 19 of the 1994 Finance Act; the rationale for the introduction of this section; if this section is still in force or has been subject to amendment; the number of applications made in each year since enactment under this section; the number of such applications approved each year since enactment; the cost to the Exchequer of this provision each year since enactment; the number of persons, businesses or organisations that have benefitted from this provision each year since enactment; and if he will make a statement on the matter. [48373/09]

Minister for Finance (Deputy Brian Lenihan): Section 19 of the Finance Act 1994 (now section 236 of the Taxes Consolidation Act 1997) allows a company to make a loan of an art object, being a work of art or a scientific collection, to an employee or a director, without that individual suffering an income tax charge on the loan as a benefit in kind or as a distribution. The art object must be on display and available for viewing by members of the public in an approved building or garden, as defined in section 482 of the Taxes Consolidation Act 1997, which is owned or occupied by the individual and to which reasonable public access if afforded. The section was introduced in the Finance Act 1994 following representations made by the Irish Georgian Society who were concerned about the possibility of art objects leaving the country. The Society suggested a tax relief for collections on view to the public in houses approved under section 482 and the then Department of Arts, Culture Heritage and the Gael- tacht supported the proposal. I am advised by the Revenue Commissioners that only one taxpayer has ever made a claim under section 19 of the Finance Act 1994 and that the income tax exemption was granted to that taxpayer. The cost to the Exchequer of tax foregone cannot be determined as an individual who claims the exemption is not required to establish the cost incurred by his/her employer in relation to the loan of the art object. The section remains in force.

192 Questions — 19 January 2010. Written Answers

Public Relations Contracts. 234. Deputy Fergus O’Dowd asked the Minister for Finance the cost of public relations incurred by Anglo Irish Bank in the past two years by company and contract price in each case; if tenders were sought; and if he will make a statement on the matter.

Minister for Finance (Deputy Brian Lenihan): Anglo Irish Bank is run on an arms length commercial basis by the Board of Anglo. Consequently, matters which relate to the normal commercial business of the bank, including public relations and other business services contracted by the bank, are a matter for the Board of Anglo. Information on the bank’s contracts and contracting processes are commercially sensitive and it would therefore not be appropriate to release such information. As the Deputy may be aware, comprehensive financial information on Anglo is published in bank’s annual accounts in line with the requirements for publicly-quoted companies. These requirements however, do not extend to the level of individual service contracts concluded by the bank.

Flood Relief. 235. Deputy Pat Breen asked the Minister for Finance the status of a report (details supplied); when he expects this report to be finalised; and if he will make a statement on the matter. [48442/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Following flooding, in February 2008, of the railway line running between Limerick and Ennis at Ballycar, OPW Engineers met with Iarnród Éireann officials, at their request, to discuss the matter. OPW’s environmental consultants for the Ennis Flood Relief Scheme were subsequently requested to submit a costed proposal for a flood study of the area at Ballycar. A proposal and quotation to undertake a flood alleviation study of the flooding at Ballycar was subsequently received from the consultants. OPW has referred the consultants’ study proposals to Iarnród Éireann for their consideration. As the body responsible for the maintenance and safety of the railway line network, any works relating to the permanent way that may be recommended by the consultants in their study would be a matter for Iarnród Éireann to implement.

Tax Code. 236. Deputy Joe Carey asked the Minister for Finance if, in the interest of balanced regional development, the adjustments he will make in the Finance Bill to abolish the air travel tax applying to Shannon Airport; and if he will make a statement on the matter. [48463/09]

280. Deputy Michael McGrath asked the Minister for Finance the amount raised in 2009 by the travel tax; and the estimate of the amount expected to be raised in 2010. [1378/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Question Nos. 236 and 280 together. I am informed by the Revenue Commissioners that since the introduction of the air travel tax on 30 March 2009, it has yielded a total of €84.4 million in 2009. The expected yield for the full year in 2010 is approximately €125 million. It should be recognised that tourists are only subject to the tax on their return journey. The additional €10 or €2 in the context of a much larger purchasing decision involving travel, hotel expenditures etc. should have only a limited effect on tourist numbers. The Government

193 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.] appreciates the airline industry continues to go through a difficult period. However, this difficult trading period arises primarily from weak world economic activity. We currently face significant financial challenges and the air travel tax is an important revenue raising measure. The Government has tried to be as fair as possible in looking at areas for additional tax revenues. It is also worth noting that fuel used by commercial airlines is completely exempt from tax, so it’s a sector that already has considerable preferential treatment. I have no plans to abolish the air travel tax.

Tax Collection. 237. Deputy Joanna Tuffy asked the Minister for Finance the number of persons earning between €26,000 to €27,480; the amount of money raised by the Exchequer from the health levy from persons earning between €26,000 and €27,480 on a yearly basis; the amount that was raised in County Meath; and if he will make a statement on the matter. [48464/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the numbers of income earners with income between €26,000 and €27,480, estimated by reference to the income tax year 2009, is of the order of 60,500. The amount of health levy payable by these income earners in respect of 2009 is estimated to be about €47 million; a breakdown on a geographical basis is not available. The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007, adjusted as necessary for income and employment trends for the year 2009. They are therefore provisional and likely to be revised. Figures are rounded to the nearest hundred. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Tax Code. 238. Deputy Emmet Stagg asked the Minister for Finance the amount refunded under section 848A of the Tax Consolidation Act 1997 in 2008; the details of the amounts received, brought down, benefits, charities, overseas aid groups and religious congregations. [48540/09]

Minister for Finance (Deputy Brian Lenihan): Section 848A of the Taxes Consolidation Act 1997 provides for a scheme of tax relief for donations to eligible charities and other approved bodies. The precise arrangements for allowing tax relief on donations varies depending on whether the donor is a PAYE taxpayer, a person subject to self-assessment or a company. For PAYE-only taxpayers, the relief is given on a “grossed-up” basis to the approved body rather than by way of a separate claim to tax relief by the donor. The claim is therefore made to the Revenue Commissioners by the approved body. In the case of a donation made by an individual who pays tax on a self-assessment basis, the individual claims the relief and there is no grossing up arrangement. In the case of a company, it will claim a deduction for the donation as if it were a trading expense and there is no grossing up arrangement I am informed by the Revenue Commissioners that, because of the different arrangements, as outlined above, for claiming the tax relief and the fact that the records maintained by them do not readily differentiate between the different types of charities and approved bodies availing of the relief, the detailed information sought by the Deputy cannot be easily compiled. However, the following table sets out the estimated cost to the Exchequer of tax relief on donations to approved bodies and eligible charities,insofar as they are available, for the years

194 Questions — 19 January 2010. Written Answers

2007 and 2008. The figures shown for companies relate to accounting periods ending in 2007 and 2008. I am advised by Revenue that they are not yet in a position to provide data for 2008 in respect of self-employed donors, as all tax returns filed for that year have not yet been processed.

2007 2008

€m €m

PAYE 25.3 29.5 Self-Employed 18.6 N/A Companies 0.6 1.2

Public Sector Schemes. 239. Deputy Terence Flanagan asked the Minister for Finance if he will support a matter (details supplied); and if he will make a statement on the matter. [48543/09]

Minister for Finance (Deputy Brian Lenihan): As the Deputy will be aware the Special Civil Service Incentive Career Break Scheme was introduced as a once-off measure that was included in the Supplementary Budget on 7 April 2009. Following implementation on 30 April the measure was extended to staff in the different areas of the public service, including the local government sector and the HSE. The closing date for participation in this scheme has expired. There is no current proposal to extend the scheme.

Excise Duty. 240. Deputy Paul Connaughton asked the Minister for Finance if his attention has been drawn to losses incurred by a small wholesaler of wines and spirits (details supplied) as a result of the downward change in excise duties; and if he will make a statement on the matter. [48550/09]

Minister for Finance (Deputy Brian Lenihan): The Deputy will be aware that some difficult choices had to be made in framing recent Budgets. The Government has over the past 18 months made very significant budgetary adjustments including those announced on 9 December last. Those reductions had to be made in many areas, including reductions in Social Welfare expenditure, cuts in public service pay rates and the deferral, reduction or withdrawal of various schemes, to mention just a few. Despite having to make those considerable reductions in other areas, I nevertheless, following requests from the drinks industry, decided to make reductions in alcohol excise duty. The reductions were designed to provide some relief to the business community, but represent a significant concession which is projected to cost the Exchequer some €90 million in a full year. Consequently, to provide further relief to the drinks industry as is now being suggested is out of the question. In that regard, I would also point out that in my Budget speech, I stated that “I expect the drinks industry to play its part in making the cost of alcohol more competitive. There was no burden placed on traders to reduce prices immediately following Budget night. I would hope that those involved in the drinks industry would be able to find some arrangement with individual traders, and between the various sectors of the industry, to balance out any effects of the excise reductions. 195 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.]

I want to take this opportunity to re-confirm that the reductions in excise duty apply to stock taken out of bond on or after 10 December 2009, and that no compensation will be given by the Exchequer to traders in respect of stock purchased before 10 December 2009.

Departmental Staff. 241. Deputy Joan Burton asked the Minister for Finance the number of whole time equivalents serving in the grades of chairman, commissioner, assistant secretary general, higher principal officer, principal officer, higher assistant principal officer, assistant principal officer, higher executive officer, executive officer, staff officer and clerical officer in the Revenue Commis- sioners on 1 January 1998, 1 January 2007 and the latest date for which figures are available. [48582/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that, historically, there were several departmental grade structures in Revenue which have, through a series of collective agreements in accordance with the C&A scheme, been integrated into the general service. Some departmental grades were still in existence in January 1998 but for the purpose of this reply, the nearest general service grade equivalent has been used throughout.

Grade Jan 1998 Jan 2007 Jan 2010

Chairman 1.00 1.00 1.00 Commissioners 2.00 2.00 2.00 Deputy Secretary 1.00 1.00 0.00 Assistant Secretaries 14.00 15.00 15.00 Principal Officer (Higher scale)* 17.00 111.80 110.00 Principal Officer 107.00 35.00 5.00 Assistant Principal (Higher Scale)* 13.00 205.43 203.51 Assistant Principal 352.00 280.63 217.00 Higher Executive Officer/Administrative Officer 887.50 1,071.92 992.97 Executive Officer 1,345.00 1,832.09 1,762.66 Staff Officer 231.50 264.00 236.44 Clerical Officer 1,905.00 2,534.82 2,380.12 Clerical Assistant 818.50 —— *It should be noted that the Principal Officer and Assistant Principal Officer Higher Scale posts in 2007 and 2010 include posts provided in accordance with the provisions of pay agreements under the Programme for Competi- tiveness at Work (PCW) and under the agreements referred to above.

242. Deputy Joan Burton asked the Minister for Finance the number of whole time equivalents serving in the Public Appointments Service in the grades of secretary general, deputy secretary general, assistant secretary general, higher principal officer, principal officer, higher assistant principal officer, assistant principal officer, higher executive officer, executive officer, staff officer and clerical officer on 1 January 1998, 1 January 2007 and the latest date for which figures are available. [48583/09]

Minister for Finance (Deputy Brian Lenihan): The following table contains the information sought by the Deputy in relation to the Public Appointments Service (PAS).

196 Questions — 19 January 2010. Written Answers

Public Appointments Service

Grade Title 01/01/1998* 01/01/2007 31/12/2009 WTE WTE WTE

Secretary General 0.00 0.00 0.00 Deputy Secretary 0.00 0.00 0.00 Assistant Secretary 1.00 1.00 1.00 Principal (Higher) 1.00 1.00 1.00 Principal 1.00 2.00 1.00 Assistant Principal (Higher) 2.00 2.00 2.00 Assistant Principal 3.50 5.00 3.50 Higher Executive Officer 22.60 18.40 15.03 Executive Officer 26.40 23.30 20.73 Staff Officer 12.70 9.90 8.80 Clerical Officer 60.55 65.05 42.40

Total 130.75 127.65 95.46 *As the PAS is only in existence since 2004, statistics are not available for 1998. I have, however, provided figures from the date of its existence as a separate body.

Tax Code. 243. Deputy Mary Upton asked the Minister for Finance the estimated saving that would occur from the standardisation of all pension tax reliefs at 20%; his views on the recent report by the Economic and Social Research Institute that showed that €8 out of every €10 of tax relief in this area goes to the top 20% of earners; and if he will make a statement on the matter. [48600/09]

Minister for Finance (Deputy Brian Lenihan): I assume that the Deputy is referring to individual pension contributions, the tax relief on which is allowed at the taxpayer’s marginal tax rate, that is, at the standard or higher rate of income tax as appropriate in each case. A breakdown of the cost of tax relief on employee contributions to occupational pension schemes is not available by income tax rate, as tax returns by employers to the Revenue Com- missioners of employee contributions to such schemes are aggregated at employer level. An historical breakdown is available by tax rate of the tax relief claimed on contributions to personal pension plans — Retirement Annuity Contracts (RACs) and Personal Retirement Sav- ings Accounts (PRSAs) — by the self-employed and others, to the extent that the contributions have been included in the personal tax returns of those taxpayers. The latest full historical data available in this regard is in respect of the tax year 2007. There is, therefore, no statistical basis for providing definitive figures. However, by making certain assumptions about the available information, it is estimated that the full year yield to the Exchequer from confining tax relief to the standard rate of 20% in respect of individual contributions to occupational pension schemes, RACs and PRSAs would be about €500 million. I assume that the ESRI Report referred to by the Deputy is that entitled Pension Policy: New Evidence on Key Issues published in November last. The Report deals mainly with the question of whether existing tax incentives for private pension provision would be better targeted to encourage improved coverage by allowing relief on contributions at the standard income tax rate or at a hybrid rate of 30% rate. While apparently seeing merit in both approaches, the Report favours tax relief on pension contributions at the standard income tax 197 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.] rate in conjunction with sustaining the State Pension and schemes to increase pension coverage among lower to middle income earners. The recently published Renewed Programme for Government includes a commitment to introduce a single 33% rate for tax relief on private pension provision in the context of the National Pensions Framework. This would result in a reduction in the tax relief on pension contributions available to higher rate taxpayers and an additional incentive to pension savings for standard rate taxpayers. However, the full detail and timing of the introduction of this measure have yet to be decided. I will bear the ESRI Report in mind in the context of delivering on the Government’s commitment in this area.

244. Deputy Mary Upton asked the Minister for Finance the average effective tax rate including all levies for a person earning €15,000, €25,000, €35,000, €45,000, €55,000, €75,000 and €100,000; and if he will make a statement on the matter. [48602/09]

Minister for Finance (Deputy Brian Lenihan): I assume the Deputy is referring to a taxpayer on PAYE and paying the full rate of PRSI. On that basis, the effective average tax rates for the annual earnings as requested are set out as follows:

Single Person

Income Effective Average Tax Rate

€ %

15,000 0.0 25,000 10.3 35,000 18.8 45,000 25.3 55,000 30.0 75,000 35.6 100,000 39.2

Married Person, One Income with Children

Income Effective Average Tax Rate

€ %

15,000 0.0 25,000 4.9 35,000 11.0 45,000 15.2 55,000 21.6 75,000 29.4 100,000 34.6

These rates include income tax, PRSI, health levy and income levy, as appropriate.

245. Deputy Mary Upton asked the Minister for Finance the reason he did not impose a one off wealth tax on high net worth persons; his views on the fact that many high net worth persons are suffering in the economy, there are many who continue to be wealthy; if he will consider 198 Questions — 19 January 2010. Written Answers introducing a one off wealth tax as part of a call to patriotic action; and if he will make a statement on the matter. [48604/09]

Minister for Finance (Deputy Brian Lenihan): As part of my recent Budget I announced a “domicile levy”, full details of which will be announced in the Finance Bill. The levy of €200,000 will apply to Irish-domiciled individuals whose worldwide income exceeds €1 million and whose Irish-located capital is greater than €5 million. Although all taxes and potential taxation measures are constantly reviewed in the context of the Budget and Finance Bill, I do not have any plans at present to introduce a Wealth Tax. One of the difficulties with such a tax is that asset values can fluctuate considerably over time and the potential yield from such a tax may not be significant in the current climate. Capital Gains Tax (CGT) and Capital Acquisitions Tax (CAT) are, in effect, taxes on wealth, in that they are levied on an individual or company when they dispose of an asset (CGT) or acquire an asset through gift or inheritance (CAT). The rate of both these taxes was increased to 25% in the 2009 Supplementary Budget.

Flood Relief. 246. Deputy James Bannon asked the Minister for Finance when a person (details supplied) in County Westmeath will receive compensation for extensive damage to their lands. [48615/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works does not provide compensation for losses sustained to property as a result of flooding. However, in recognition of the devastation suffered by people due to the recent flooding, the Government has launched a Humanitarian Assistance Scheme, which is being administered by the Community Welfare Service on behalf of the Department of Social and Family Affairs. The aim of the scheme is not to provide compensation but rather to provide financial support subject to certain conditions to people who have suffered flood damage to their property. It is a matter for the individual concerned to apply direct to the Community Welfare Service for any Humanitarian Assistance. The Minister for Agriculture, Fisheries and Food also launched a Fodder Aid Scheme of €2 million. The scheme requires farmers to demonstrate that the fodder was damaged, the extent of the damage and that it is necessary to purchase feed supplies to prevent animal welfare problems.

Tax Code. 247. Deputy Michael Creed asked the Minister for Finance if he will review the impact of tax individualisation on a married couple, when one of the partners, due to a personal disability is not in a position to take up employment opportunities outside the house; his views on introducing some specific tax relief for persons in these circumstances; and if he will make a statement on the matter. [48621/09]

Minister for Finance (Deputy Brian Lenihan): As stated in my reply to Parliamentary Ques- tion No 81 of 17 December 2009, the position is that a married one income couple benefit from a standard rate band of €45,400 which is €9,000 higher than the band for a single person. They also have the benefit of the married person’s credit in the amount of €3,660, which is double the single person’s credit. Where the stay-at-home spouse in a married one earner couple cares for a dependent person, e.g. their child or an elderly relative, the couple may benefit from an entitlement to the home carer tax credit, which has a value of €900.

199 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.]

The Commission on Taxation considered the issues associated with tax individualisation in its 2009 report. The Commission concluded that the present arrangements with regard to band structure and credits which apply to married one-earner and married two-earner couples should remain in place. With regard to the question of introducing a specific tax relief for persons in the circumstances outlined by the Deputy, the position is that tax relief provisions are reviewed regularly, particularly as part of the annual Budget and Finance Bill process.

248. Deputy Michael McGrath asked the Minister for Finance if he will respond to the suggestion made in correspondence (details supplied) in relation to the administration of the research and development tax credit. [48642/09]

Minister for Finance (Deputy Brian Lenihan): A tax credit of 25% of the incremental expenditure incurred by a company in an accounting period on Research and Development (R&D) activities can be offset against a company’s corporation tax liability. Finance (No.2) Act 2008 contained a number of very significant enhancements to the R&D tax credit scheme including: an option to carry-back unused tax credits for set-off against a company’s previous year’s corporation tax payments, if there is insufficient corporate tax liability in the current year, thereby creating a tax refund; a further option, if unused tax credits still remain, to claim payment of the remaining unused credits which will be paid in instalments over a 3 year period. Other positive changes made to the scheme in Budget 2009 and Finance (No. 2) Act 2008 include an increase in the rate of tax credit from 20% to 25% and the permanent setting of 2003 as the base year under the scheme. The scheme has been improved in most Budgets and Finance Acts since its introduction and the latest enhancements introduced in Budget 2009 and Finance (No. 2) Act 2008 will act to make the scheme one of the most competitive of its kind anywhere. There are difficulties in allowing companies to offset the R&D tax credit against payroll taxes, not least the fact that these taxes are paid over to the Exchequer by companies on behalf of their employees on a fiduciary basis. Given the significant improvements already made to the scheme, notwithstanding the current difficult economic and fiscal environment which we face, I regret that I am not in a position at this time to agree to the suggestion contained in the details supplied with the question.

Pension Provisions. 249. Deputy Eamon Gilmore asked the Minister for Finance if the cuts in pay provided for in the Financial Emergency Measures in the Public Interest (No. 2) Bill 2009 applies to employees of organisations funded under section 30 of the Health Act 2004 who currently qualify for a pension under the nominated Health Agencies Pension Scheme; and if he will make a statement on the matter. [48643/09]

301. Deputy Joan Burton asked the Minister for Finance if he will confirm that recently introduced public sector pay cuts only apply to those already subject to the public sector pension levy; if there are any instances where individuals are subject to the pay cuts but were not subject to the pension levy; if he will clarify the position in respect of the Health Service Executive funded posts in grant aided agencies which were not subject to the earlier pension levy and were not included in the Financial Emergency Measures in the Public Interest (No. 2) Act; and if he will make a statement on the matter. [2047/10]

200 Questions — 19 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 249 and 301 together. The definition of a public servant in the legislation governing the pension levy and the pay reductions is the same. Therefore, in general the reductions in pay under the Financial Emer- gency Measures in the Public Interest (No. 2) Act 2009 will apply to employees who are paying the pension related deduction. However, there are a small number of situations where the pay reductions could apply to a public servant who was not subject to the pensions levy. The pay reductions apply to employees of public service bodies, whether or not the public servant is a member of a public service pension scheme or receives a payment in lieu. Furthermore, the income exemption threshold that applies to the pensions levy does not apply to the pay reductions. Sections 38 and 39 of the Health Act 2004 apply to HSE service providers and other bodies in receipt of funding assistance from the HSE. Organisations that are directly funded by the HSE under Section 38 of the 2004 Act are public service bodies, as defined in the Financial Emergency Measures in the Public Interest Act which provided for the pension levy deduction and the Financial Emergency Measures in the Public Interest (No. 2) Act 2009, which provided for the reduction in public service pay. Employees in these bodies have access to public service pension schemes or, in a small number of cases, the state funds an employer contribution to a private pension scheme. The pension levy and the reduction in salary apply to all these employees. Accordingly, the pay reduction legislation applies to all members of the Nominated Health Agencies Superannuation Scheme. Under Section 39 of the 2004 Act, the HSE provides a grant towards the overall costs of running certain organisations. Neither the pension levy nor the reduction in salary applies to such employees.

Decentralisation Programme. 250. Deputy Joe McHugh asked the Minister for Finance if he will clarify a matter (details supplied); and if he will make a statement on the matter. [1008/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Government has decided to defer the proposed decentralisation moves to Carlow and Mullingar for further consideration until 2011. Any matters relating to the sites in question will be clarified following that consideration.

Tax Collection. 251. Deputy Niall Collins asked the Minister for Finance the number of persons in tabular form analysed by county registered as tax exiles for the year 2006, 2007 and 2008; the amount of tax paid by these persons in each year to the Revenue here; and if he will make a statement on the matter. [1023/10]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners there is no register or list of so called ‘tax exiles’ and there is nothing in Irish tax law that makes reference to ‘tax exile’ status. The taxation of individuals in the State is in line with that prevailing in most other OECD jurisdictions, that is to say (a) individuals who are resident in the State for tax purposes (based on the number of days presence in the State) are taxable here on their worldwide income; and (b) individuals who are not resident here for tax purposes pay tax here only on income arising in the State and on income derived from working here.

201 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.]

I am informed by Revenue that for the 2007 tax year (the latest year for which figures are available), 7,228 non-resident individuals filed Irish tax returns in respect of their Irish-source income or income derived from working here. The total amount of tax paid by these persons was €43m. For the 2006 tax year, 5,993 non-resident individuals filed Irish tax returns in respect of their Irish-source income or income derived from working here. The total amount of tax paid by these persons was €44.5m. The equivalent figures for 2008 are not yet available. Returns for 2008 were due by 31 October 2009 or, in the case of returns made on ROS (Revenue Online System), by 16th November 2009. The data capture of information of these returns is currently under way and when completed will facilitate the compilation of statistics for 2008. Many of the individuals that show on their tax return that they are non-resident in the State do not have an Irish address. It is not therefore possible to provide an analysis of the total number of persons claiming to be non-resident for tax purposes on a county basis. It should be noted that many of these non-residents are foreign nationals or have a foreign domicile; and many of the non-resident Irish citizens or Irish domiciliaries included in this figure may have become non-resident for reasons unrelated to taxation, but who may have retained Irish investments (such as rental property). These individuals could not be categorised as ‘tax exiles’ under any reasonable definition of that term.

Revenue Investigations. 252. Deputy Niall Collins asked the Minister for Finance if a person who passes information to the Revenue Commissioners which results in an investigation and possible tax liability by a third party will be assured that their identity will not be disclosed by the Revenue to the third party; and if he will make a statement on the matter. [1024/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that where a person, who does not wish their identity to be disclosed, passes information to them, it is their policy to protect the identity of that person. However there may be circumstances where disclosure would be ordered by a judge, for example, if the information triggers a criminal investigation and a prosecution, it may be a matter for the Trial Judge to determine whether the interests of a fair trial require disclosure of the name of an informant. There is also strong protection under the FOI Acts for the non-release of the identity of a person who passes information to Revenue. However for completeness, it should be also noted that every FOI case is subject to review on appeal by the Office of the Information Com- missioner and that in such circumstances a situation might possibly arise where Revenue might be obliged to disclose the identity of such a person. It should also be noted that individuals always have the option to pass information to Revenue anonymously.

Courts Service. 253. Deputy Brian O’Shea asked the Minister for Finance further to Parliamentary Question No. 117 of 1 December 2009, the stage of the process that the proposed extension to the Waterford court house has reached; and if he will make a statement on the matter. [1032/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The provision of court accommodation is, in the first instance, a matter for the Courts Service. Preliminary

202 Questions — 19 January 2010. Written Answers plans have been prepared for the refurbishment and extension of the Courthouse in Waterford, taking account of initial discussions with the Judiciary locally, staff, and court users. Further consultations regarding these plans will be undertaken in January 2010. It is intended to complete the planning process and to prepare tender documents in the course of 2010 with a view to work commencing on site in 2011, subject to the availability of resources.

Pension Provisions. 254. Deputy Brian O’Shea asked the Minister for Finance the position regarding the proposed pensions insolvency payments scheme; and if he will make a statement on the matter. [1043/10]

Minister for Finance (Deputy Brian Lenihan): Section 22 of the Social Welfare and Pensions Act 2009 provides for a Pensions Insolvency Payment Scheme (PIPS) for the making of payments to or in respect of the relevant pensioners of participating pension schemes. I have recently signed the statutory instrument giving effect to PIPS from 1 February 2010 for a pilot period of three years. From that date, it is open to any pension scheme that meets the criteria to apply to participate. The principal qualifying conditions for PIPS are that the sponsoring employer must be insolvent (in accordance with the definition used in the Protection of Employees (Employers’ Insolvency) Act 1984) and the defined benefit pension scheme must be winding up in deficit. Details of the application procedure and other guidance is being made available on my Department’s website www.finance.gov.ie

Excise Duty. 255. Deputy Jim O’Keeffe asked the Minister for Finance the reason the duty drawback relief which on 9 December 2009 was to be made available to those holding stocks of alcoholic drinks was withdrawn, giving rise to substantial losses to those holding such stocks, even though a methodology had been agreed with the Revenue Commissioners for the taking and the verification of such stocks; and if he will make a statement on the matter. [1050/10]

Minister for Finance (Deputy Brian Lenihan): I want to draw to the Deputy’s attention that, in relation to the reduction in excise duty on alcohol products announced in my Budget State- ment of 9 December 2009, no excise duty relief was provided in respect of alcohol products released prior to 10 December 2009. I am advised by the Revenue Commissioners that the communication regarding the excise duty drawback relief, was unauthorised and issued in error on Thursday 10 December 2009 by a Revenue officer to a small number of traders that were dealt with by that particular officer. As soon as the error was identified, the recipients were notified by lunch-time on Friday 11 December 2009 and the communication was withdrawn. The Revenue Commissioners also issued a clarification to all staff to the effect that there was no provision for the application of the reduced rates before midnight on 9 December; and that the previous rates of tax were to apply in all such cases. This clarification was also posted on the Revenue website. There is no provision in law to allow the refund of the difference in excise duty rates applicable pre- and post-Budget 2010.

Departmental Properties. 256. Deputy Michael McGrath asked the Minister for Finance the position regarding the sale

203 Questions — 19 January 2010. Written Answers

[Deputy Michael McGrath.] of a property to a person (details supplied) in County Cork; and if he will make a statement on the matter. [1051/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): OPW and the Purchaser agreed to carry out certain works on the premises prior to closing the sale. OPW has discharged its responsibilities, but the Purchaser has yet to carry out the works he agreed. OPW will complete the sale when the Purchaser has executed these works.

Public Sector Expenditure. 257. Deputy Niall Collins asked the Minister for Finance if his decision to cease performance bonus payments to certain grades in the civil and public service includes the cessation of such payments to local authority managers and directors of service; and if he will make a statement on the matter. [1102/10]

Minister for Finance (Deputy Brian Lenihan): I confirm that the scheme for the payment of performance awards in the local authorities has been terminated.

Tax Code. 258. Deputy Joe McHugh asked the Minister for Finance his views on whether the VAT margin scheme that was introduced in budget 2010 imposes credit flow problems and cash flow problems on vendors of agricultural machinery, who heretofore traded via the special VAT scheme for used agricultural machinery; his further views on whether the new VAT margin scheme makes allowances for the seasonal nature of the agricultural machinery trade; if these considerations will be taken into account when structuring the Finance Bill 2010; and if he will make a statement on the matter. [1119/10]

Minister for Finance (Deputy Brian Lenihan): The VAT Margin Scheme was introduced on 1 January 2010 in respect of second-hand means of transport and agricultural machinery. Under the Margin Scheme, dealers will account for VAT on their profit margin, that is, on the difference between the cost of acquiring the means of transport and agricultural machinery and its reselling price. This will apply to all second-hand means of transport and agricultural machinery sold on or after 1 January 2010. Up to now all EU Member States applied the Margin Scheme to second-hand vehicles with the exception of Ireland and Denmark. When the Margin Scheme was introduced under the EU VAT Directive in 1994, Ireland, following strong representations from the industry, negotiated a derogation in the form of the Special Scheme which applied up until December last, which is also provided for under the VAT Directive. Introducing the VAT Margin Scheme brought Ireland into line with the vast majority of other Member States. Although under the new Margin Scheme dealers may experience a cash-flow change where they will be no longer entitled to claim VAT input on the purchase of a second-hand vehicle, this is being compensated for by appropriate transitional measures. In this respect, second- hand vehicles or agricultural machinery acquired by dealers before 1 January 2010 and resold after 1 July 2009 are taxed on their resale price. In effect this means that there will be no clawback of VAT in the case where such vehicles or agricultural machinery are sold at a loss. In addition, as part of the transition measures, for second-hand vehicles or agricultural machinery purchased from 1 January 2010, dealers will be entitled to claim VAT input credit on those vehicles for six months up to June 2010 at a reducing scale of 40% in the period January/February 2010, 30% in the period March/April and 20% in the period May/June.

204 Questions — 19 January 2010. Written Answers

It should be noted, as already stated, that moving to the VAT Margin Scheme brings the VAT treatment of second-hand means of transport and agricultural machinery in the State into line with the treatment applying in the vast majority of other Member States.

Public Sector Expenditure. 259. Deputy Joe McHugh asked the Minister for Finance the Departments and grades of the 600 managers and senior civil servants who will be exempted from the salary cuts outlined in budget 2010; and if he will make a statement on the matter. [1158/10]

266. Deputy Paul Gogarty asked the Minister for Finance the rationale for reversing the pay cuts of senior civil servants who will now take much less of a wage cut than lower paid civil servants; the reason the final pensions should not be similarly affected irrespective of bonus cuts, like those struggling to make a living at the lower end; if his attention has been drawn to the anger amongst the general public as a result of harsh but necessary measures to reduce our growing deficit, but who feel additionally discriminated against as a result of this measure; and if he will make a statement on the matter. [1272/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 259 and 266 together. The remunerations packages of Assistant Secretaries and Deputy Secretaries in the civil service and related grades in other parts of the public service included a scheme of performance-related pay which gave an average payment of 10% of salary. The related grades in other areas of the public service include groups at comparable levels in the local authorities, HSE, some State Bodies, Garda Síochána and Defence Forces. In 2009, it was decided this scheme would be terminated subject to discussion on the implementation of the decision with the relevant staff association. In applying the recent reductions in pay, I considered that account had to be taken of the reduction in remuneration for Assistant Secretaries, Deputy Secretaries and related grades arising from the termination of the scheme of performance-related pay. Otherwise, the total reduction in remuneration for these grades would have been greater than those for other public servants including higher paid groups at the level of Secretary General or above. I decided that the reductions should comprise both a reduction in the salary scale and the termination of the scheme of performance-related pay previously payable to the grades. The resulting adjustments including the effect of the termination of the scheme of performance-related pay produce significant reductions in remuneration of 14% in the case of the grade of Deputy Secretary and 11.8% in the case of the grade of Assistant Secretary. These reductions are higher than those applying to other groups at lower salary levels. As regards pensions, the arrangements applying to these grades in 2010 are the same as those applying to all public servants under the provisions of the Financial Emergency Measures in the Public Interest (No 2) Act 2009.

Foreign Conflicts. 260. Deputy Darragh O’Brien asked the Minister for Finance further to Parliamentary Ques- tions Nos. 215 and 223 of 16 September 2009, the reason the €41 million of imports from Israel in 2008 did not qualify for preferential duty; if he will give assurances that the reason was not due to the fact the these imports were of produce from Israeli settlements; and if he will make a statement on the matter. [1162/10]

205 Questions — 19 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): As the Deputy will be aware, in September 2009, in response to the parliamentary questions mentioned, the Tánaiste explained that it was not possible to state with any certainty the reasons a preferential duty was not claimed in respect of particular imports. Accordingly it is not possible to give the assurance that the Deputy seeks. However, it may be helpful for the Deputy to note that, I have been advised by the Revenue Commissioners that apart from the possibility that the goods were the produce of non-qualifying settlements, there are a number of other reasons why preference might not be claimed. The goods may not qualify under the rules of origin in as much as that they may have been originally imported into Israel from another country or may have been manufactured in Israel using raw materials sourced in another country. It may also be the case that, in the case of particular imports, claiming preference would have no impact on the duty payable and the importers saw no necessity or commercial benefit in claiming preference to which they had a technical entitlement.

Pension Provisions. 261. Deputy George Lee asked the Minister for Finance the protection that is provided to employees by legislation when a pension scheme (details supplied) is wound down; and if he will make a statement on the matter. [1195/10]

Minister for Finance (Deputy Brian Lenihan): Section 22 of the Social Welfare and Pensions Act 2009 provides for a Pensions Insolvency Payment Scheme (PIPS) for the making of payments to or in respect of the relevant pensioners of participating pension schemes. The Act does not provide for the inclusion or exclusion of any particular pension scheme in PIPS. I have recently signed the statutory instrument giving effect to PIPS from 1 February 2010 for a pilot period of three years. From that date, it is open to any pension scheme that meets the criteria to apply to participate. The principal qualifying conditions for PIPS are that the sponsoring employer must be insolvent (in accordance with the definition used in the Protection of Employees (Employers’ Insolvency) Act 1984) and the defined benefit pension scheme must be winding up in deficit. Details of the application procedure and other guidance is being made available on my Department’s website www.finance.gov.ie

Question No. 262 answered with Question No. 221.

Flood Relief. 263. Deputy Seán Sherlock asked the Minister for Finance when funding will be approved for the second phase of the Fermoy flood relief scheme in County Cork; and if he will make a statement on the matter. [1205/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Detailed design of the second and final phase of the overall Fermoy flood relief project, including the Fermoy South and South West schemes, is currently under way and is expected to be completed by the third quarter of 2010, after which the procurement process for the appointment of a civil engineering contractor will be commenced. The contractor is expected to be appointed in late 2010 or early 2011. OPW has profiled expenditure for this scheme in its 2009-2013 budget for the flood relief programme.

206 Questions — 19 January 2010. Written Answers

Public Sector Remuneration. 264. Deputy James Bannon asked the Minister for Finance the number of public servants who received sanction from him to receive fees on top of their normal salary for sitting on state boards, commissions or other such bodies in 2005, 2006, 2007, 2008 and 2009 in each Department; the numbers in each grade who received permission; the number of applications that he rejected and the boards involved; and if he will make a statement on the matter. [1234/10]

Minister for Finance (Deputy Brian Lenihan): The general policy is that public servants should not receive additional remuneration for undertaking other duties in the public service, such as acting as chairpersons or directors of State-sponsored bodies or serving on commissions or other such bodies. The principle, usually referred to as the “one person one salary” principle, or OPOS, was first enunciated by the review body on higher remuneration in the public sector in 1972, and it has been a feature of the public service since then. The review body on higher remuneration in the public sector subsequently recommended that payment of fees could be sanctioned in exceptional circumstances. This policy has been implemented on the basis that each of the following conditions must be met:

(1) that the duties involved are neither a part nor an extension of the officer’s normal duties,

(2) that a rigid insistence on the principle of one person-one salary would deny scarce skills to the State,

(3) that payment is permitted for one additional appointment only,

(4) that the approval of the Department of Finance for additional payments is required in each case,

(5) that in no case should payment exceed the normal fee for the activity concerned, and

(6) that the duration of such payment should be limited to one term or five years whichever is greater.

Twenty one public servants received such a sanction in the years 2005 to 2009. The personnel in question were five civil servants ranging in grade from clerical officer to assistant secretary, five employees of State bodies, four HSE staff, three local authority staff, two teachers and two lecturers. The Boards in question were as follows:

• Audit Committee of the Department of Agriculture Fisheries and Food

• Equality Authority

• Campus Stadium Ireland

• Combat Poverty Agency

• Dormant Accounts Board

• E.S.B. Industrial Council

• Health Service Executive

• Heritage Council

• Health Information and Quality Authority

207 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.]

• National Library of Ireland

• National Museum of Ireland

• National Treatment Purchase Fund

• Pensions Board

• Property Registration Authority

As written instructions are available on the limited circumstances in which a public servant may receive a fee and as oral advice in provided, as required, applications for payments of fees to public servants are made only where the Department concerned considers that all the necessary conditions have been fulfilled. However, during the period in question, five applications which were made for an exception to the OPOS principle were rejected. The boards in question were the Property Registration Authority and the Irish Auditing and Accounting Supervisory Authority. There are many other cases where public servants serving on State boards do not receive a fee but no application for an exception was made. Separate arrangements apply to the chief executive officers of State-sponsored bodies and are incorporated in the code of practice for the governance of State bodies which is available on the website of my Department — www.finance.gov.ie

Departmental Expenditure. 265. Deputy Richard Bruton asked the Minister for Finance the savings outlined in the report of the special group on public numbers and expenditure programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1257/10]

Minister for Finance (Deputy Brian Lenihan): As the Deputy is aware the report of the special group on public numbers and expenditure programmes outlined a wide range of proposals across all Departments, a number of which can only be achieved through restructuring over a number of years. The implementation of the proposals for my Department and the Offices under its aegis is ongoing, and initial progress has been made in this regard in budget 2010. The savings outlined for my Department and the Offices under its aegis together with savings identified as being achievable in budget 2010 are set out in the following table.

Office Annualised Savings Savings Accepted in Identified Budget 2010

€m €m Valuation Office 2 1.031 Public Appointments Service 7.9 4.308 Office of the Commission for Public Service Appointments 0.3 0.240 Office of the Revenue Commissioners 26.6 26.6 Office of Public Works 41.0 21.0 Office of the Minister for Finance 5.0 5.0

Total 82.8 58.179

208 Questions — 19 January 2010. Written Answers

21 recommendations were made by the special group in respect of the finance group of votes. At present, 14 of these have either been implemented or are in progress, with the remainder under consideration. €58.179 million is the projected 2010 saving arising from the recommendations that will be fully or partly completed in 2010. The remaining savings are expected to be achieved over a number of years.

Question No. 266 answered with Question No. 259.

267. Deputy Paul Gogarty asked the Minister for Finance if he will introduce a referendum facilitating a reduction in pay for members of the Judiciary, similar to other public servants; if he will outline a reason for not considering this option in view of the anger amongst members of the public who have had to suffer as a result of pay cuts; and if he will make a statement on the matter. [1273/10]

Minister for Finance (Deputy Brian Lenihan): The introduction of referenda on the Consti- tution is a matter for the Government. In its report late last year, the review body on higher remuneration in the public sector concluded that the Constitution precluded them from recommending a reduction in judicial pay. Had they not been so precluded, they would have considered a downward adjustment. For the same reason the pension levy was not applied to the Judiciary, though many judges have contributed an amount on a voluntary basis. As I indicated in budget 2010, the Chief Justice and the Presidents of the Courts have urged all judges to make appropriate voluntary contributions from salary in respect of the levy and I will make provision in the Finance Bill to facilitate these payments. I also indicated that since the review body would have considered a reduction of judicial salaries, I have decided that there will be no increase in judges’ pay during the lifetime of this Government. Future Governments may choose, as in the past, to continue this course of action.

Tax Code. 268. Deputy Bobby Aylward asked the Minister for Finance if he will exclude the surcharge on undistributed investment income under section 440 of the Taxes Consolidation Act 1997 to construction and manufacturing companies and allow these companies to use the funds from the franked investment income for productive investment in their companies and safeguard employment in the current difficult economic climate; and if he will make a statement on the matter. [1286/10]

Minister for Finance (Deputy Brian Lenihan): Section 440 Taxes Consolidation Act 1997 provides for a surcharge of 20% on any investment and rental income of a close company which is not distributed within 18 months of the end of the accounting period in which that income was earned. Broadly, a close company is a company under the control of five or fewer participators (including associates), or of participators who are directors. Most Irish owned companies are close companies. The purpose of the close company surcharge is to prevent avoidance of personal income taxation through the accumulation of income within a corporate structure. With company profits subject to the 12.5% rate of corporation tax there would be a strong incentive, in the absence of a surcharge, for persons to earn and accumulate their income within a company and thereby avoid income tax at the higher 41% rate. Aside from the strong arguments for retaining the surcharge as an anti-avoidance measure, it would be invidious to remove or reduce the surcharge for particular sectors while retaining

209 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.] it for other sectors. Moreover, such an approach would have State-aid implications from an EU perspective, in that it would favour certain companies and sectors here over others. For these reasons, I would not propose to change the existing arrangements along the lines suggested by the Deputy.

Tax Collection. 269. Deputy Bobby Aylward asked the Minister for Finance if he will arrange a refund of stamp duty to a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [1287/10]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the relevant instrument for stamping was lodged by the solicitors acting for the person concerned on 29 June 2009, together with the appropriate payment of Stamp Duty. To date, the Revenue Commissioners have not received an application for a refund of the duty paid. If the person concerned wishes to claim a refund he should apply in writing to the Dublin Stamping Office, Dublin Castle, Dublin 2.

Banking Sector Investigations. 270. Deputy Michael McGrath asked the Minister for Finance his views on the progress of the investigations into certain transactions at Anglo Irish Bank; if he is satisfied with the progress and pace of these investigations; and if he will make a statement on the matter. [1308/10]

Minister for Finance (Deputy Brian Lenihan): As the Deputy will be aware, several regulatory bodies are carrying out investigations of behaviour at Anglo Irish Bank including in particular, the Office of the Director of Corporate Enforcement, the Garda Fraud Office and the Financial Regulator. While the agencies involved are independent in carrying out their functions, I understand that the investigations are proceeding satisfactorily and that considerable resources are being committed to the investigations, with a view to bringing these to completion as soon as possible. In the case of the director of corporate enforcement, for example, considerable resources are committed to the investigations. I am informed that the investigation into Anglo Irish Bank is a primary focus of ODCE work at this time. I understand that some 16 full-time equivalent staff (or one-third of available personnel in the ODCE) are now supporting this investigation. These staff include gardaí and staff with accounting, administrative, IT and legal expertise. However, investigations of this nature are by definition complex, and in particular the acquisition of potential evidence in such large-scale commercial investigations is a painstaking process. It is, of course, essential that each investigation proceeds fully and comprehensively to conclusion so that any wrong doing identified at Anglo on foot of these investigations can be fully and appropriately pursued, in accordance with the law. The various regulatory bodies will make their reports in due course and I am of course anxious that these investigations are completed as swiftly as possible.

National Debt. 271. Deputy Michael McGrath asked the Minister for Finance the details of the amount of borrowing expected to be undertaken by the National Treasury Management Agency during 2010 and the current spread, in terms of basis points, between Irish and German government bonds of different duration. [1313/10]

210 Questions — 19 January 2010. Written Answers

272. Deputy Michael McGrath asked the Minister for Finance if he will provide a breakdown of the Irish national debt including the amounts owed attached to different debt instruments; the amount owed on bonds of varying durations and a breakdown of the debt which is the subject of a variable and fixed yield or rate of interest. [1315/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 271 and 272 together. The National Treasury Management Agency (NTMA) has advised that at end-2009 the national debt stood at €75.2 billion. Some €71.5 billion was outstanding in medium and long- term liabilities and €9.3 billion in retail saving scheme products. These amounts included a carryover of more than €5 billion in long-term funding available to finance the deficit in 2010. The NTMA has announced that it plans to raise up to €20 billion in the bond market in 2010 — this is significantly less than the €35.4 billion raised in long-term funding in 2009. On 14 January last, the NTMA announced that it had raised €5 billion in a long-term syndicated bond issuance, this accounts for 25% of the funding programme for 2010. The spread over Germany which Ireland pays on its bonds is usually measured in terms of the ten year bond. At end-2009 this spread narrowed to 1.45% compared to nearly 3% in March 2009. The NTMA advise that at close of business on Friday, 15 January, the spread on the ten year bond was 1.56%. The NTMA advise that at end-2009 approximately 95% of the national debt was subject to fixed interest rates. The following table sets out the details in relation to the total medium and long-term debt that was outstanding at end-2009.

Table 1 — Medium and Long-Term Debt Outstanding at end-2009

€m

Irish Government Bonds 4% Treasury Bond 2010 790 8.5% Cap Stock 2010 7 4% Treasury Bond 2011 4,690 3.9% Treasury Bond 2012 5,545 8.75% Cap Stock 2012 31 5% Treasury Bond 2013 6,030 4% Treasury Bond 2014 8,594 8.25% Treasury Bond 2015 7 4.6% Treasury Bond 2016 7,281 4.5% Treasury Bond 2018 7,506 4.4% Treasury Bond 2019 7,700 5.9% Treasury Bond 2019 6,802 4.5% Treasury Bond 2020 8,875 5.4% Treasury Bond 2025 7,000

Total Irish Government Bonds 70,858

Medium/Long Term Loans/Swaps 665 Other Medium/Long Term Debt 5

Total Medium/Long Term Debt 71,528

211 Questions — 19 January 2010. Written Answers

Union Subscriptions. 273. Deputy Leo Varadkar asked the Minister for Finance if it is the practice to deduct union dues from the payroll of civil servants; and if he will make a statement on the matter. [1346/10]

Minister for Finance (Deputy Brian Lenihan): It is the practice to deduct union subscriptions from certain staff associations. The general instructions covering deducting union subscriptions from civil servants pay are set out in circular 38/1977. In 1977, the Minister for the Public Service accepted an agreed recommendation made by general council under the conciliation and arbitration scheme for the Civil Service. This recommendation concerned amendments to the deduction arrangements to enable the ordinary membership subscriptions of certain staff associations to be deducted from the pay of members. The circular sets out the deduction arrangements and a copy of the circular is available on www.personnelcode.gov.ie.

Tax Code. 274. Deputy Leo Varadkar asked the Minister for Finance if a general practitioner registrar working in the community and participating in a recognised training programme is eligible to claim work related expenses against income tax under schedule E under the category as non consultant hospital doctors; and if he will make a statement on the matter. [1347/10]

Minister for Finance (Deputy Brian Lenihan): Schedule E flat rate expenses of non consultant hospital doctors are only available to non consultant hospital doctors employed in that capacity and paying tax under Schedule E (and within the scope of PAYE), in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the individual’s employment. It is not possible to provide a more detailed answer based on the information supplied. However, if the Deputy’s question is in respect of any individual that has a doubt as to the tax deductibility of expenses actually incurred by him or her (and not reimbursed by his or her employer or another party), he or she may make a submission outlining the particular expenses to his or her local Revenue office which will examine the matter.

Tax Yield. 275. Deputy Leo Varadkar asked the Minister for Finance his plans to allow alcohol distribu- tors and wholesalers to claim back the excise paid on products in their warehouses prior to the reduction in excise duty in budget 2010; and if he will make a statement on the matter. [1348/10]

Minister for Finance (Deputy Brian Lenihan): I want to take this opportunity to re-confirm that the reductions in excise duty apply to stock taken out of bond on or after 10 December 2009, and that no compensation will be given by the Exchequer to traders in respect of stock purchased before 10 December 2009. The Deputy will be aware that some difficult choices had to be made in framing recent budgets. The Government has over the past 18 months made very significant budgetary adjustments including those announced on 9 December last. Those reductions had to be made in many areas, including reductions in social welfare expenditure, cuts in public service pay rates and the deferral, reduction or withdrawal of various schemes, to mention just a few. Despite having to make those considerable reductions in other areas, I nevertheless, following requests from the drinks industry, decided to make reductions in alcohol excise duty. The

212 Questions — 19 January 2010. Written Answers reductions were designed to provide some relief to the business community, but represent a significant concession which is projected to cost the Exchequer some €90 million in a full year. Consequently, to provide further relief to the drinks industry as is now being suggested is out of the question. In that regard, I would also point out that in my budget speech, I stated that “I expect the drinks industry to play its part in making the cost of alcohol more competitive. If I find this reduction has not been passed on to the consumer I will reverse today’s reduction”. There was therefore no burden placed on traders to reduce prices immediately following budget night. I would hope that those involved in the drinks industry would be able to find some arrangement with individual traders, and between the various sectors of the industry, to balance out any effects of the excise reductions.

Tax Code. 276. Deputy Leo Varadkar asked the Minister for Finance if companies and sole traders can claim VAT back on corporate dining; and if he will make a statement on the matter. [1349/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioner that businesses that are registered for VAT are generally entitled to claim input credit for VAT charged to them on goods and services used in the course of their taxable activities, except where entitlement to input credit is expressly disallowed by legislation. Section 12(3) of the Value Added Tax Act 1972, as amended, provides for the disallowance of input credit in respect of VAT relating to certain expenditure, including expenditure incurred on food and drink for a VAT-registered person or such person’s employees or agents. This means that companies and sole traders cannot claim VAT back on corporate dining.

277. Deputy Leo Varadkar asked the Minister for Finance if staff working in a press office or public relations may claim their expenses against income tax under schedule E under the category of journalists; and if he will make a statement on the matter. [1350/10]

Minister for Finance (Deputy Brian Lenihan): The position is that section 114 of the Taxes Consolidation Act 1997 provides for an income tax deduction in respect of expenses incurred wholly, exclusively and necessarily by an individual in the performance of the duties of his or her office or employment. As regards the Schedule E flat rate expenses of journalists, these are only available to journalists employed in that capacity and paying tax under Schedule E (and within the scope of PAYE). Finally, I am informed by the Revenue Commissioners that if an employee wishes to claim a tax deduction in respect of expenses wholly and exclusively and necessarily incurred (and not reimbursed by his or her employer or another party) in carrying out the duties of his or her employment, he or she may submit such a claim, including precise details of the expenditure, to his or her local Revenue office which will examine the matter.

Pension Provisions. 278. Deputy Leo Varadkar asked the Minister for Finance the number of retired public servants who have made a voluntary surrender of all of some of their pension; if they are former Oireachtas Members, retired civil servants, teachers, gardaí, doctors, judges, presidents, local authority officials and so on; and if he will make a statement on the matter. [1351/10]

213 Questions — 19 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): The Minister for Finance has responsibility for the administration of Civil Service pensions and for pensions paid from the Central Fund. In these categories, to date a voluntary surrender of all or some of their pensions has been made by seven retired persons, comprising civil servants and retired former office holders who are no longer members of the Oireachtas or members of the European Parliament. Responsi- bility for the administration of other public service pension schemes is a matter for the respective Government Ministers and the relevant State bodies.

Tax Collection. 279. Deputy Leo Varadkar asked the Minister for Finance the amount of revenue collected from the health levy and the income levy in 2009; the estimate of same for 2010; and if he will make a statement on the matter. [1362/10]

Minister for Finance (Deputy Brian Lenihan): The income levy is collected by the Revenue Commissioners as a component of income tax. I am informed by the Revenue Commissioners that approximately €1.1 billion was collected from the income levy in 2009. In budget 2010, it was forecast that income tax receipts of €11,530 million would be collected in 2010. It is expected that the yield from the income levy will be of the order of €1.5 billion. The 2009 outturn for the health levy was approximately €1.8 billion. The 2010 budget provided for an estimate of €2.4 billion. This estimate is subject to revision in the Revised Estimates Volume in light of the 2009 outturn. Question No. 280 answered with Question No. 236.

Grant Payments. 281. Deputy Denis Naughten asked the Minister for Finance his plans to provide a relocation grant for the victims of the flooding in 2009; and if he will make a statement on the matter. [1394/10]

Minister for Finance (Deputy Brian Lenihan): I understand that the Department of Envir- onment, Heritage and Local Government does not operate a home relocation scheme to assist households who wish to relocate in the aftermath of a flooding event. I have no plans to introduce such a grant. However, in recognition of the problems faced by people in many areas of the country due to the recent flooding, the Government allocated an initial sum of 10m euro to fund a Humani- tarian Assistance Scheme. The scheme is being administered by the Community Welfare Service of the Health Service Executive on behalf of the Department of Social and Family Affairs. The scheme, which is means tested, is intended to provide emergency financial assistance to households who are not in a position to meet costs for essential needs in the period immediately following flooding. The scheme covers emergency income support payments to those in need and damage to a person’s home and its basic essential contents, such as: carpets, flooring, furniture, household appliances and bedding. Structural damage may also be considered.

Tax Code. 282. Deputy Denis Naughten asked the Minister for Finance his plans to have Annex III of the EU VAT Directive amended to include road safety products and thereby reduce the rate of VAT applicable on such products; if he will review this situation in the context of the forthcoming 2010 Finance Bill; and if he will make a statement on the matter. [1400/10]

214 Questions — 19 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): The VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the VAT Directive Member States may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. While Annex III provides for the reduced rate of VAT to be applied to children’s car seats, it does not provide for the reduced rate to be applied to road safety products in general, which are subject to the standard VAT rate of 21%. Regarding children’s car safety seats, in Budget 2007 Ireland availed of the option under Annex III to apply the reduced rate of 13.5% to these products with effect from 1 July 2007. In relation to amending Annex III, the Deputy will be aware that this could only be done in the context of an overall review at Community level of reduced rates. In May 2009, EU Council Minister’s adopted a proposal to slightly expand the list of goods and services to which a reduced rate can apply under Annex III of the EU VAT Directive. The proposal primarily concerned reduced VAT rates for locally supplied labour intensive services, including housing, restaurant and catering services. The proposal does not, however, include road safety equipment in general in Annex III. In this context, it remains not possible for Ireland to apply a reduced rate to road safety products in general.

Flood Relief. 283. Deputy Phil Hogan asked the Minister for Finance when construction work will commence on flood defence works at a location (details supplied) in County Laois, particularly in view of the urgency of this work, taking into account the reports already completed by relevant local authorities and State agencies; and if he will make a statement on the matter. [1499/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): A Flood Risk Management Study of Portarlington identified a preferred option for a flood relief scheme. In the light of the publication of the Guidelines for Planning Authorities “The Planning System and Flood Risk Management”, it is incumbent on the Local Authorities to consider flood risk and development needs of the town. On completion of this examination, I expect the Local Authorities to revert to OPW to assist in advancing their priorities in relation to flood risk management. Pending final decision regarding a full flood relief scheme, it is open to Laois and Offaly County Councils to apply for funding for minor mitigation flood relief measures under OPW’s Minor Flood Relief Programme, which can be used to address immediate flood problems in the Portarlington area.

Registerable Interests. 284. Deputy Fergus O’Dowd asked the Minister for Finance the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1511/10]

Minister for Finance (Deputy Brian Lenihan): As the Deputy may be aware, under the Ethics Acts, gifts, hospitality, etc given to office holders which are valued at over €650 must be included in the annual statement of registerable interests to the Standards in Public Office Commission. The legislation does not require any declarations in respect of gifts, hospitality, etc under €650. The information returned to the Standards in Public Office Commission is available on the Register of Members interests published on the Houses of the Oireachtas

215 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.] website. In line with the Acts, I will be forwarding my annual declaration in respect of 2009 to the Standards in Public Office Commission by the required date of 31 January 2010.

Court Accommodation. 285. Deputy Brendan Kenneally asked the Minister for Finance if the plans for the Waterford Courthouse were completed and received by the end of 2009 as was previously indicated; and if these plans are available for viewing. [1617/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The provision of Court accommodation is, in the first instance, a matter for the Courts Service. Preliminary plans have been prepared for the refurbishment and extension of the Courthouse in Waterford, taking account of initial discussions with the Judiciary locally, staff, and court users. Further consultations regarding these plans will be undertaken in January 2010. It is intended to complete the planning process and to prepare tender documents in the course of 2010, with a view to work commencing on site in 2011, subject to the availability of resources.

Flood Relief. 286. Deputy Denis Naughten asked the Minister for Finance if aerial surveys of flood affected areas in counties Roscommon and Leitrim have been completed, including hydrometric information; if this information has been provided to local authorities; and if he will make a statement on the matter. [1619/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works captured a considerable amount of aerial survey data for the River Shannon from Boyle to Athlone during the period of the flooding events of 2009. OPW has requested local authorities, in the areas affected, to submit all available information on the flood events of November 2009. In addition, OPW has received further relevant data from other State agencies and the EU and this information will be processed and made available. OPW is producing a number of copies of the data at present for distribution to relevant State bodies on request. A large number of requests for data have been received recently, and these are being processed at present. In due course, the available data will be publicly available on the following OPW website www.floodmaps.ie

287. Deputy Denis Naughten asked the Minister for Finance the position regarding a statement (details supplied); and if he will make a statement on the matter. [1620/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I would like to take this opportunity to update the Deputy on my remarks to the House on November 24th, 2009 during the severe flooding that affected certain parts of the country at that time. Since I spoke on that occasion, the Government has undertaken a number of initiatives to address the situation. The most pressing issue at the time was to provide assistance to those immediately affected and also to assist the Local Authorities in the post-flood clean-up. An initial sum of €10m was provided for a Humanitarian Aid Scheme, which is administered by the Department of Social and Family Affairs, to alleviate the hardship caused. The Government also indicated that further funding would be made available, if required. A further €2m was allocated for a targeted Fodder Aid Scheme to assist farmers who were experiencing a fodder shortage, which might have led to financial hardship and potential animal welfare issues on affected farms.

216 Questions — 19 January 2010. Written Answers

Funding of €14m was provided by the Department of the Environment, Heritage and Local Government for the post-flood clean-up by Local Authorities. In addition to these immediate initiatives, the Government has allocated €50m for flood risk management activities for 2010, which is administered by the Office of Public Works. This increased allocation will allow OPW to extend the number of Capital Works schemes already underway throughout the country. Within the overall allocation, I have also announced an increase for Minor Flood and Coastal Protection Works to be undertaken by Local Authorities in 2010. This Programme, which I initiated in 2009, has been increased initially to €6m and is to cater for works or studies which can be completed in 2010. OPW is currently seeking applications from Local Authorities and when the applications are received and evaluated the allocation may be reviewed. OPW has undertaken a rigorous collection of data and information since the November 2009 floods and has already met with several local authorities to review the recent flood events and identify actions required. This may well lead to further areas where works can be undertaken by OPW, in addition to the major schemes already under construction in Clonmel Co Tipperary, Mallow Co Cork, Fermoy Co Cork, Ennis Co Clare, Mornington Co Meath and the River Dodder in Dublin, and the schemes at various stages of development which include Enniscorthy, Co. Wexford, Templemore, Co. Tipperary, Bray and Arklow, Co. Wicklow amongst others. As the Deputy may be particularly interested in the River Shannon area, I can confirm that the Shannon Flood Risk Assessment and Management Study will be commissioned in mid- 2010. This will identify the level of flood risk in the catchment as well as a prioritised plan of measures to address the risks identified. The study will involve all of the main stakeholders who have a role in the management of the Shannon, with a view to ensuring that all flood risk factors are managed in a co-ordinated way. Included in the Study will be the area of Ballinasloe which has been subjected to severe flooding since November. OPW has already met the local authority to identify interim measures to mitigate the flood risk in the town, and I met with them myself yesterday, 18 January, in Ballinasloe. Finally, I would like to like to confirm that tender documents for the procurement of consultants to undertake a National Flood Warning System are currently being finalised with the relevant stakeholders and will issue shortly.

Tax Code. 288. Deputy Paul Gogarty asked the Minister for Finance if his attention has been drawn to the difficulties caused to the drinks distribution companies here as a result of the withdrawal of the drawback relief for duty paid stock already held on their premises on the night of Budget 2010, in view of the excise duty reductions announced that day; if his attention has further been drawn to the fact that the companies involved will lose millions as a result and may have to lay off staff; the solutions he is proposing to tackle the unintended difficulties of this action; and if he will make a statement on the matter. [1832/10]

217 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.]

Despite having to make those considerable reductions in other areas, I nevertheless, following requests from the drinks industry, decided to make reductions in alcohol excise duty. The reductions were designed to provide some relief to the business community, but represent a significant concession which is projected to cost the Exchequer some €90 million in a full year. Consequently, to provide further relief to the drinks industry as is now being suggested is out of the question. In that regard, I would also point out that in my Budget speech, I stated that “I expect the drinks industry to play its part in making the cost of alcohol more competitive. If I find this reduction has not been passed on to the consumer I will reverse today’s reduction”. There was therefore no burden placed on traders to reduce prices immediately following Budget night. I would hope that those involved in the drinks industry would be able to find some arrangement with individual traders, and between the various sectors of the industry, to balance out any effects of the excise reductions. I want to take this opportunity to re-confirm that the reductions in excise duty apply to stock taken out of bond on or after 10 December 2009, and that no compensation will be given by the Exchequer to traders in respect of stock purchased before 10 December 2009.

Tax Collection. 289. Deputy James Bannon asked the Minister for Finance when a person (details supplied) in County Longford will receive a refund of emergency tax; and if he will make a statement on the matter. [1845/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that Sligo Revenue Office wrote to the Deputy on 11 January 2010 advising him that:

(a) a balancing statement for the year 2008 had issued to the person in question on 20 May 2009; and

(b) the Sligo Office had spoken to the person in question, also on 11 January 2010, asking him to forward a Form P60 for 2009 in respect of his employment with the relevant VEC.

On receipt of the latter, a review of 2009 will be undertaken at the earliest opportunity.

Flood Relief. 290. Deputy Michael Ring asked the Minister for Finance when works at a location (details supplied) in County Mayo will commence. [1895/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works is currently awaiting a response from the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government in relation to the ecol- ogist’s report regarding the proposed flood mitigation works.

Decentralisation Programme. 291. Deputy Michael Ring asked the Minister for Finance if he will provide a copy of the report that was completed on the Cairn Centre, Kiltimagh, County Mayo which was being looked at for decentralisation purposes. [1896/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works completed a confidential technical report on the Cairn Trade Centre building in

218 Questions — 19 January 2010. Written Answers

Kiltimagh for the Department of Community, Rural and Gaeltacht Affairs. It is my understanding that this report has recently been furnished to the owners of the building, IRD Kiltimagh Ltd, by the Department of Community, Rural and Gaeltacht Affairs.

292. Deputy Michael Ring asked the Minister for Finance the position regarding the decentralisation proposals for the town of Claremorris, County Mayo; if a site has been purchased; if the decentralisation will proceed; and if he will make a statement on the matter. [1898/10]

Minister for Finance (Deputy Brian Lenihan): In light of the budgetary constraints at this time and affordability issues, I have decided to defer proceeding with permanent accommodation in Claremorris for the Office of Public Works. This location, along with other deferred locations, will be considered as part of the overall review of the programme in 2011.

Customs Service. 293. Deputy Charles Flanagan asked the Minister for Finance if a second x-ray container scanner has been delivered to the Customs Service; if not, the stage of the process; and if he will make a statement on the matter. [1925/10]

Minister for Finance (Deputy Brian Lenihan): A second x-ray scanner was delivered to the Revenue Commissioners in November 2009 and entered service following testing in December. In early January the new scanner was involved in the detection of the attempted illegal importation of some eight million cigarettes worth an estimated €3.1 million.

Revenue Cutter Service. 294. Deputy Charles Flanagan asked the Minister for Finance the number of revenue cutters that are currently in service; and if he will make a statement on the matter. [1926/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that they currently have two cutters in service, RCC Suirbheir (brought into service in 2004) and RCC Faire (brought into service in 2009). Both vessels are involved on an ongoing basis in the patrol and monitoring of the State’s maritime jurisdiction and adjacent waters. These patrol/monitoring activities are aimed at the prevention, detection, interception and seizure of prohibited and restricted goods (including narcotics) smuggled or illegally imported into, or intended to be exported out of, the State/E.U. They are also involved in servicing national and international Memoranda of Understandings and Mutual Assistance requests from other jurisdictions; servicing maritime call-outs; co- operating with other national enforcement agencies to combat drugs trafficking by sea and co- operating with international customs agencies to combat international drugs trafficking by sea.

Tax Code. 295. Deputy Michael Kennedy asked the Minister for Finance if his attention has been drawn to the fact that many persons who should still be entitled to mortgage interest relief since 2009 have been cut off from receiving same; if his further attention has been drawn to the fact that the Office of the Revenue Commissioners website does not allow persons who have been cut off from mortgage interest relief to query the decision made; and if he will make a statement on the matter. [1927/10]

Minister for Finance (Deputy Brian Lenihan): This is a matter in the first instance for the Office of the Revenue Commissioners. However, I am informed by the Revenue Commis- sioners that in a limited number of cases, approximately 2,500 mortgage holders, who were

219 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.] entitled to continued mortgage interest relief in 2010, did not receive the recent payment due for January. This arose because of an error in the information provided by the Revenue Com- missioners to lenders in respect of such customers. The position is that the Revenue Commissioners are working with each financial institution to rectify the matter without delay. There will be no loss of relief to any customer affected by the error and there is no need for any action on the part of a mortgage holder. The Revenue Commissioners will rectify the situation with the financial institution involved or exceptionally, the mortgage holder will be contacted directly.

Question No. 296 answered with Question No. 220.

Customs Service. 297. Deputy Charles Flanagan asked the Minister for Finance the number of customs checks which took place at each airport, including small and private airports, here in 2009 in tabular form; and if he will make a statement on the matter. [1960/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the Table below sets out the number of customs checks at the airports/aerodromes that have flights into and out of the State, on a scheduled or an on-going basis. The type of customs checks vary significantly depending on the type and origin of traffic and the level of risk in each case. Some other aerodromes do have occasional flights into or out of the State when permission is usually given on a one off basis. These aerodromes, together with all other small aerodromes/airstrips where there is a possibility for flights to arrive from outside the State, are also subject to customs checks having regard to the level of risk at the aerodrome. However, it is not appropriate to publish details of the number of checks in each case as this could prejudice the control being applied.

2009

Cork 263,100 Donegal 75 Dublin 3,964,041 Galway 322 Kerry 3,200 Knock 1,380 Shannon 86,400 Sligo 72 Waterford 245 Weston 38 Note: In some cases the numbers provided are based on an extrapolation of figures as detailed statistics are not maintained for every type of check.

Capital Projects. 298. Deputy Joe McHugh asked the Minister for Finance if he will provide a list of all new national development projects from 2008 onwards that are designated for funding in Budget 2010; the funding that has been allocated to each of these projects in tabular form; and if he will make a statement on the matter. [2029/10] 220 Questions — 19 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): Funding for individual projects is a matter for the relevant Government Departments, and the Deputy should forward queries about any such projects accordingly.

Pension Provisions. 299. Deputy Denis Naughten asked the Minister for Finance the assets and liabilities at 31 December 2009 of the covered pension funds listed in Schedule 1 of the Financial Measures (Miscellaneous Provisions) Act 2009; and if he will make a statement on the matter. [2035/10]

Minister for Finance (Deputy Brian Lenihan): The information requested by the Deputy is in preparation by the Bodies concerned but is not yet available.

Public Sector Pay. 300. Deputy Joan Burton asked the Minister for Finance the mechanism for calculating public sector pay cuts, announced in budget 2010, for those with a job-sharing work arrangement; if the percentage pay cut is calculated on the basis of actual gross income or on the basis of a full-time equivalent gross income; if his attention has been drawn to any anomalies arising from the method of calculation which would lead to individuals on identical gross incomes being subject to differing cuts in gross pay because one of other was in a job-sharing work arrangement; and if he will make a statement on the matter. [2045/10]

Minister for Finance (Deputy Brian Lenihan): It is a well established principle that the pay of work sharers and those on atypical work patterns is calculated by reference to the whole time equivalent pay rate for the grade or post in question and the reduced pay rates are, therefore, calculated in this way. This practice is consistent with the legislation governing the conditions of employment of part-time workers.

Question No. 301 answered with Question No. 249.

Fiscal Policy. 302. Deputy Joan Burton asked the Minister for Finance his views on reports in a newspaper (details supplied) that the model of small and medium enterprises loan guarantees being operated successfully in the United Kingdom and other jurisdictions has been ruled out here; his further views on whether a risk sharing element of 25% to 50% on the part of the loan originating institution would ensure an appropriate alignment of interests between lender and guarantor; his views on whether such a scheme would allow for the easing of credit conditions for small and medium enterprises while minimising the impact on the capitalisation and capital requirements of the loan originating institutions; if he has studied the operation of such schemes in other jurisdictions and, if so, the conclusions he has drawn; if such a scheme has been costed here; if such a scheme has been recommended to him by a company (details supplied) contracted by his Department to survey the small and medium enterprise credit environment here and to make recommendations regarding the way this environment could be ameliorated; if he will give further consideration to the implementation of such a scheme; and if he will make a statement on the matter. [2154/10]

Minister for Finance (Deputy Brian Lenihan): The Government has taken numerous measures to ensure the continued stability of the Irish financial system: the Guarantee scheme, nationalisation of Anglo Irish Bank, recapitalisations and NAMA. These measures have facili-

221 Questions — 19 January 2010. Written Answers

[Deputy Brian Lenihan.] tated continued lending to SMEs. Indeed, the recapitalisation of AIB and Bank of Ireland in February 2009 specifically encompassed commitments from the banks to provide additional capacity for SME lending. The initial Independent Review of Credit Availability conducted by Mazars did not recommend the establishment of a risk sharing structure but rather that such a structure be considered. Risk sharing was assessed and it was clear that there were considerable obstacles to that approach, including the danger that such a scheme would detract from the ordinary process of credit and act as a further subsidy in the banking system. The Deputy will be aware that under the NAMA legislation I am issuing guidelines to all banks participating in NAMA who lend to SMEs, to ensure that SMEs, sole traders and farm enterprises will have recourse to an independent, external review of decisions of credit refusal by the banks. I hope that banks not participating in NAMA or covered by the Government guarantee will also decide to participate. My aim is to have a simple, effective appeals process, run by people with experience and credibility. The banks must comply with the recommendations of the appeal process, or explain satisfactorily why they cannot do so. In addition to dealing with individual cases, the credit review system will examine the credit policies and practices of the banks in respect of SMEs. This will help me to decide what further action might be necessary to secure the flow of credit. I intend to publish the analysis from the review process so that the performance of the banks participating in NAMA will be clear to all. Mr John Trethowan, an experienced banker with a demonstrated commitment to public and social service, is overseeing the establishment of this credit review system with initial administrative support from Enterprise Ireland. Work has commenced on the logistical aspects of the review system and it is envisaged that this will be completed in the near future. As the Deputy will be aware, there are many supports provided by the State to various parts of the business community. The Government continues at all times to seek to provide appropriate assistance and support to the generation of employment in the State.

Departmental Staff. 303. Deputy Denis Naughten asked the Minister for Finance the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2169/10]

Minister for Finance (Deputy Brian Lenihan): The following table sets out the breakdown of staff numbers in my Department for the periods requested. However, the Deputy should be aware my Department has undergone a number of organisational changes during this time, reflected in the number of Divisions, which currently stands at five. It is not possible to accurately reflect the section breakdown within these constraints.

Division 01/01/2007 01/01/2008 01/01/2009 01/01/2010

Budget & Economic 77.70 Budget, Finance & Pensions 164.20 Budget, Economic & Pensions 184.26 Taxation & Financial Services 68.23 Budget, Taxation & Economic 138.23 135.83 Financial Services 46.73 49.73 Public Service Management & Development 128.41 145.71

222 Questions — 19 January 2010. Written Answers

Division 01/01/2007 01/01/2008 01/01/2009 01/01/2010

Sectoral Policy 92.63 103.43 173.01 143.11 Pay & Remuneration 54.55 50.85 26.70 Centre for Management & Organisation Development 82.22 77.60 Organisation, Management & Training 23.40 20.80 Corporate Services Division 82.20 82.30 68.43 59.00 Other 45.53 41.23 31.40 27.40

Total 622.43 628.70 612.91 560.78

Other includes senior management, CMO’s office, ministerial staff, seconded staff, bench- marking and review bodies.

Pre-school Services. 304. Deputy George Lee asked the Minister for Health and Children if she will make an exception to the age criteria of the early childhood care and education pre-school scheme and allow a child (details supplied) in Dublin 16 avail of the scheme; and if she will make a statement on the matter. [48327/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for implementation of the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which was introduced this month. Children will qualify for a free pre-school year place when they are aged between 3 years 3 months and 4 years 6 months at 1 September each year. The application of this age range is being interpreted as generously as possible to include children who are aged more than 3 years 2 months and less than 4 years 7 months at 1 September each year. This means that in January this year children born on or after 2 February 2005 or on or before 30 June 2006 will qualify. Children born between 2 February 2006 and 30 June 2007 will be eligible for the free pre-school year in September 2010. I understand that the child referred to by the Deputy will qualify for the free pre-school year in September 2010, however, if his parents choose to send him to primary school at that time he will not be able to avail of the scheme. The majority of children participating in the scheme would be expected to commence primary school between the age of 4 years and 3 months and 5 years and 6 months. The age range for eligibility under the scheme is designed to allow parents the opportunity to take up the free school place at a time that is more suitable to them. It is also necessary to the objectives of the scheme that the free pre-school provision is delivered within a structure which supports the best delivery of pre-school education. This requires a reasonably consistent age range of children attending and it is considered that the age range is appropriate.

305. Deputy Michael McGrath asked the Minister for Health and Children the position regarding the future of a school (details supplied) in Dublin 20; if the school will be closing in the near future; if so, the implications for the staff at the school; and if she will make a statement on the matter. [1122/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

Child Care Services. 306. Deputy Michael McGrath asked the Minister for Health and Children the amount of grant funding allocated to a project (details supplied) in County Cork. [1383/10] 223 Questions — 19 January 2010. Written Answers

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for the National Childcare Investment Programme 2006 — 2010 (NCIP), which includes the Community Childcare Subvention Scheme (CCSS), as well as the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which came into effect earlier this month. I understand that the service referred to by the Deputy received approval for an NCIP capital grant amounting to €583,157 of which €291,579 has been paid to date and that this is in addition to capital grant funding amounting to €17,972 which it received under the previous investment programme, the EU co-funded Equal Opportunities Childcare Programme 2000 — 2006 (EOCP). I also understand that the service has been approved for entry in 2010 into both the CCSS, which provides funding to community not for profit childcare services to enable them to provide childcare services at reduced rates to disadvantaged and low income families, and the ECCE scheme, which provides funding to pre-school services for the provision of free pre-school year places to children within the qualifying age range. The service should have already received its initial 2010 ECCE payment, amounting to €11,223, from my Office and I understand that Pobal, who manage the day to day operation of the NCIP, is currently processing the service’s initial 2010 CCSS payment. Following receipt of the service’s January 2010 return under the CCSS and ECCE, the final amounts payable to the service in 2010 will be determined and further payments will be made as appropriate.

Medical Cards. 307. Deputy Ciarán Lynch asked the Minister for Health and Children if she will grant an oral appeal hearing to a person (details supplied) in County Cork who is seeking renewal of their medical card; and if she will make a statement on the matter. [1864/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Prescription Charges. 308. Deputy Noel Ahern asked the Minister for Health and Children the workings of the new prescription charge scheme; when it will be introduced; if it needs legislation; or will it be done by ministerial order. [2353/10]

347. Deputy James Reilly asked the Minister for Health and Children the number of persons eligible for the drug payment scheme in 2009; and if she will make a statement on the matter. [48514/09]

348. Deputy James Reilly asked the Minister for Health and Children the number of persons eligible for the general medical services and long-term illness schemes in 2009; the legislative changes required to introduce a new prescription charge; if she will include in this legislation a commitment not to increase the prescription charge of 50 cent; and if she will make a statement on the matter. [48515/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 308, 347 and 348 together. Figures from the Health Service Executive indicate that as of 31 December last, 1,478,560 persons were covered by medical cards and 98,325 were covered by GP Visit Cards. A total of 1,587,448 persons held Drugs Payment Scheme cards. In addition, 64,267 persons availed of the Long Term Illness Scheme during 2009.

224 Questions — 19 January 2010. Written Answers

To address rising costs in both the GMS and Long Term Illness schemes, and to influence to some degree demand and prescribing patterns, a 50 cent charge per prescription item shall be introduced, subject to a monthly ceiling of €10 per family. The details will be set out in new legislation which is required to give effect to the introduction of prescription charges and the expected implementation date is 1st April 2010.

Nursing Homes Support Scheme. 309. Deputy Jan O’Sullivan asked the Minister for Health and Children the date on which the fair deal scheme commenced for persons who are already in a nursing home; and if she will make a statement on the matter. [48254/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The Nursing Homes Support Scheme commenced on the 27th October 2009. Individuals who were in long-term nursing home care prior to that date can retain their existing arrangements or they can apply for the new scheme. For all new entrants to long-term nursing home care after that date, the Nursing Homes Support Scheme, is the single system of State Support for such care. The legislation provides that applicants to the scheme who were in an approved nursing home on the date the scheme commenced shall have their State Support backdated to that date. Moreover, the HSE’s Guidelines on the Standardised Implementation of the Nursing Homes Support Scheme state that, subject to overall resources, people who enter nursing homes after the commencement of the scheme will have their support paid either from the date that the application was made or from date of admission to the nursing home, whichever is the later.

Hospital Waiting Lists. 310. Deputy Christy O’Sullivan asked the Minister for Health and Children the waiting time at Cork University Hospital for a consultation in the ophthalmology clinic; the guidelines whereby persons over 65 years will be seen as quickly as possible. [48255/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Departmental Staff. 311. Deputy George Lee asked the Minister for Health and Children the pay bill for each job title for all staff employed by the Department in 2008; and if she will make a statement on the matter. [48256/09]

318. Deputy George Lee asked the Minister for Health and Children if she will provide the pay bill for each job title for all staff employed by her Department in 1997; and if she will make a statement on the matter. [48272/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 311 and 318 together. The total charge to the relevant subhead in my Department in 2008 in respect of pay was €32.010 million. The pay bills for relevant job titles are detailed in the following table, which is inclusive of arrears and historic payments made to certain individuals and other Departments.

225 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.]

Grade Total

€m Administrative Officer 0.845 Assistant Principal Officer 7.016 Assistant Secretary 1.295 Clerical Officer 3.568 Executive Officer 4.013 Higher Executive Officer 4.891 Principal Officer 3.887 Services Officer/Porter 0.475 Staff Officer 0.465 Secretary General 0.239 Ministerial Salaries 0.331 Special Advisors to Ministers 0.615 Ministerial Staffing (Non Civil Servants) 0.863 Other* 3.507

Total 32.010 *Includes payments made to the following non general civil service grades: • Chief Medical Officer • Deputy Chief Medical Officer • Professional Accountant • Senior Statistician • Statistician • Pharmacist • Chief Environmental Health Officer • Nursing Advisor • Therapy Advisor • Dental Advisor • Senior Welfare Officer • Welfare Officer • Probation and Welfare Officer • Legal Advisor • Advisory Counsel (Grade III) • Head of Communications (Office of the Minister for Children and Youth Affairs) • Research Officer (Office of the Minister for Children and Youth Affairs) • Dental Advisor, • Nursing Advisor

Certain payments associated with the running of the Adoption Board e.g. members of the Board. Due to the length of time elapsed since 1997 it is not possible to provide a detailed breakdown by grade of the pay bill for that time. The total charge to the subhead for pay in 1997 was €12.993 million. I understand that the Deputy is also seeking information on all job titles in the public health service in 1997 and 2008. I wish to advise that a list of all grades in the public health service, together with the numbers employed, for the years 1997 to 2008, along 226 Questions — 19 January 2010. Written Answers with a copy of the relevant salary scales, was provided to the Deputy in September 2009 in response to Question No. 30539/09. The actual pay expenditure by grade category for the public health service in 2008 was as follows:

Pay Expenditure 2008

€

Management/Administration Total 888,947,741 Medical/Dental Total 1,158,339,443 Nursing Total 2,500,654,072 Paramedical Total 866,327,240 Support Services Total 1,259,051,395 Maint./Technical Total 90,000,667 Superannuation Total 514,067,193

Pay Total 7,277,387,751 Notes: (i) Source: CRS System, Finance Directorate of the HSE. (ii) CRS data do not include data for a number of Disability agencies.

Medical Cards. 312. Deputy Paul Connaughton asked the Minister for Health and Children the position regarding an application for an over 70 years medical card in respect of a person (details supplied) in County Galway. [48257/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Support Scheme. 313. Deputy Paul Connaughton asked the Minister for Health and Children the position regarding an application under the State support nursing home subvention in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [48258/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services. 314. Deputy Michael McGrath asked the Minister for Health and Children the criteria used by the Health Service Executive to determine if orthodontic treatment required by a child is covered by the Health Service Executive public orthodontic scheme for children. [48259/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Mental Health Services. 315. Deputy Billy Timmins asked the Minister for Health and Children the position regarding a matter (details supplied); and if she will make a statement on the matter. [48261/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): In 2008, €50m in additional funding was allocated to HSE as part of that years allocation under 227 Questions — 19 January 2010. Written Answers

[Deputy John Moloney.] the Multi-Annual Investment Programme 2006-2009. This funding given in the Budget was to meet the costs associated with a range of elements in the Multi-Annual Investment Programme. The Health Service Executive proposed to allocate the funding as follows:

Services for Persons with Intellectual Disability and those with Autism Residential/ Com- munity Care 200 additional residential places.

Day Care 467 additional day places.

Respite Care 53 additional respite places.

Services for Persons with Physical or Sensory Disabilities Residential Care 80 additional residential places.

PA/ Home Support hours 200,000 additional PA/ Home Support hours

Disability Act This will create 140 additional multidisciplinary team posts to provide assessment and ongoing intervention services to children with a disability and in particular with reference to the implementation of the Disability Act, 2005. However during 2008, the HSE indicated that due to delayed start to some of these developments, it envisaged spending just €33m (out of the allocated €50m) in 2008. The remaining €17m was included in this Department’s budgetary consolidation savings measures announced in the Dail in July 2008. In 2009, the full €50m was available to HSE as the full year costs of implementing the measures announced in the 2008 budget for the provision of disability services. As the remainder of the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Hospitals Building Programme. 316. Deputy Eamon Gilmore asked the Minister for Health and Children if her attention has been drawn to the case being made by the National Rehabilitation Hospital, Rochestown Avenue, Dún Laoghaire, County Dublin for a new 235 bed hospital; if consideration is being given to the proposal; and if she will make a statement on the matter. [48266/09]

Minister for Health and Children (Deputy Mary Harney): The development of a new National Rehabilitation Hospital needs to be considered within the context of a national policy for the delivery of rehabilitation services. My Department and the Heath Service Executive established a Working Group to develop a policy/strategy for the provision of rehabilitation services. Its terms of reference include the development of an appropriate policy framework for rehabilitation and a preferred model of care for the provision of rehabilitation services. The

228 Questions — 19 January 2010. Written Answers

Working Group has met on a number of occasions to date and it is expected to complete its work early in 2010. In the current economic situation, there is a need to ensure that all developments are planned and implemented to give best value for money and with the most appropriate mix of national, regional and local services. The proposal to develop a new National Rehabilitation Hospital at a capital cost in excess of €100m and a very substantial additional revenue requirement annually, must also be considered in the context of the current economic climate, available funding and competing priorities for limited funding. The National Rehabilitation Hospital has submitted a business case for the development of a new rehabilitation hospital to the Health Service Executive. This submission and developments at the hospital will be considered in the context of capital and revenue funding available for the health services in 2010.

Health Services. 317. Deputy Edward O’Keeffe asked the Minister for Health and Children if she will assist in arranging an appointment for a child (details supplied) in County Cork. [48267/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Question No. 318 answered with Question No. 311.

Departmental Staff. 319. Deputy George Lee asked the Minister for Health and Children if she will provide a list of all job titles of employees employed by her Department in 2008; the jobs that are frontline staff; the jobs that are administrative; and if she will make a statement on the matter. [48273/09]

320. Deputy George Lee asked the Minister for Health and Children if she will provide a list of all job titles of employees employed by her Department in 1997; the jobs that are frontline staff; the jobs that are administrative; and if she will make a statement on the matter. [48289/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 319 and 320 together. The grade titles of employees serving in the Department of Health and Children at end December 1997 and end December 2008 are detailed in the table below. The function of civil servants employed in my Department is to provide support to myself and the Government by:

• advising on the strategic development of the health system including policy and legislation;

• supporting their parliamentary, statutory and international functions;

• evaluating the performance of the health and social services; and

• working with other sectors to enhance people’s health and well-being.

229 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.]

As such all staff employed in my Department could be considered to have administrative roles and functions, e.g. social workers in the Adoption Board. However, a number of these staff would deal directly with the public on a professional level.

Grade Titles Serving in the Department of Health and Children

31st December 1997 31st December 2008

Secretary General Secretary General Assistant Secretary Assistant Secretary Director Director Principal Officer Principal Officer Assistant Principal Assistant Principal Administrative Officer Administrative Officer Higher Executive Officer Higher Executive Officer Higher Executive Officer Systems Analyst Executive Officer Executive Officer Staff Officer Staff Officer Clerical Officer Clerical Officer Clerical Officer Typist Head Services Officer Head Services Officer Services Officer Services Officer Head Porter (Industrial Grade) Head Porter (Industrial Grade) Porter (Industrial Grade) Porter (Industrial Grade) Night Porter (Industrial Grade) Personal Assistant (Ministerial) Personal Assistant (Ministerial) Personal Secretary (Ministerial) Personal Secretary (Ministerial) Special Advisor (Ministerial) Civilian Driver (Minister of State) Civilian Driver (Minister of State) Chief Medical Officer Chief Medical Officer Deputy Chief Medical Officer Deputy Chief Medical Officer Legal Advisor Legal Advisor Advisory Counsel Grade III PPC Professional Accountant Professional Accountant Grade 1 Senior Statistician Statistician Statistician Pharmacist Health Librarian Therapy Advisor Chief Pharmacist Appeals Officer Long Stay Charges Pharmacist Office of Minister for Children and Youth Affairs Head of Communications Office of Minister for Children and Youth Affairs Research Officer Survey Officer Nursing Services Senior Welfare Officer Senior Welfare Officer Welfare Officer Welfare Officer Probation and Welfare Officer Social Work Advisor Social Worker Chief Environmental Health Officer Chief Environmental Health Officer Chief Nursing Advisor* Nursing Advisor Nursing Advisor*

230 Questions — 19 January 2010. Written Answers

31st December 1997 31st December 2008

Youth Health Promotion Officer Palliative Care Advisor* Dental Advisor* Chief Architectural Advisor Deputy Chief Architectural Advisor Architectural Advisor Principal Engineering Advisor Engineering Advisor Principal Quantity Surveyor Quantity Surveyor *On secondment to the Department of Health and Children.

A list of all grades in the public health service, together with the numbers employed (for the years 1997 to 2008), and a copy of the relevant salary scale was provided to the Deputy in September 2009 in response to Question 30539/09.

Health Services. 321. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 9. [48294/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Departmental Staff. 322. Deputy George Lee asked the Minister for Health and Children the number of Civil Service staff in her Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if she will make a statement on the matter. [48316/09]

Minister for Health and Children (Deputy Mary Harney): There were 485.88 Whole Time Equivalents employed in my Department at 31st December 2009. As of now my Department’s records do not include the information requested by the Deputy. However, my Department will shortly commence a comprehensive survey of all qualifications held by staff the results of which will be regularly updated. This information will inform future staff assignments and staff development programmes.

Adoption Services. 323. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Waterford. [48330/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The issue of the adoption of children of marriage is being considered by the Joint Committee on the Constitutional Amendment on Children (JCCAC). The Committee, which was established by resolution of both Houses of the Oireachtas in November 2007 is due to report at the end of January. The matters raised in that Report will then be considered by Government.

Services for the Homeless. 324. Deputy James Reilly asked the Minister for Health and Children the funding available 231 Questions — 19 January 2010. Written Answers

[Deputy James Reilly.] for homeless services nationally for each year from 2000 to date in 2009; the amount of funding that will be allocated in 2010; and if she will make a statement on the matter. [48356/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

325. Deputy James Reilly asked the Minister for Health and Children the funding available for homeless services in Dublin city for each year from 2000 to date in 2009; the amount of funding that will be allocated in 2010; and if she will make a statement on the matter. [48357/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

326. Deputy James Reilly asked the Minister for Health and Children the details of all homeless facilities in Dublin city; and if she will make a statement on the matter. [48358/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

327. Deputy James Reilly asked the Minister for Health and Children the details of homeless facilities in Dublin currently unused due to a lack of funding; and if she will make a statement on the matter. [48359/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

328. Deputy James Reilly asked the Minister for Health and Children, in view of the Health Service Executive commitment to end long-term homelessness in Dublin by 2010, as outlined in the Homeless Agency Action Plan for Homelessness 2007 to 2010, her views on the progress made in tackling homelessness; if she is satisfied that homelessness will be eliminated in 2010; and if she will make a statement on the matter. [48360/09]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for the provision of health services to homeless adults in the Dublin area and jointly funds the activities of the Homeless Agency with Dublin City Council and the local authorities serving County Dublin. Accordingly I am referring your question to the HSE, for a direct reply.

Departmental Funding. 329. Deputy Seán Connick asked the Minister for Health and Children if the level of section 39 funding allocated per county is allocated on the basis of the population of the county; the basis on which it is allocated within each county; and if she will make a statement on the matter. [48431/09]

Minister for Health and Children (Deputy Mary Harney): I have referred this matter to the HSE for direct reply.

Infectious Diseases. 330. Deputy Jan O’Sullivan asked the Minister for Health and Children if Lyme disease will

232 Questions — 19 January 2010. Written Answers be a notifiable illness in order to increase public awareness and assist in the speedy diagnosis and treatment of the disease; and if she will make a statement on the matter. [48445/09]

Minister for Health and Children (Deputy Mary Harney): Lyme disease (also known as Lyme borelliosis) is an infection caused by a bacterium called Borrelia burgdorferi which is trans- mitted to humans by bites from ticks infected with the bacteria. The infection is generally mild affecting only the skin, but can sometimes be more severe involving other organs. Ramblers, campers and those who work in such areas especially if they come into contact with large animals are at greatest risk of being bitten by ticks and of going on to develop the disease. Lyme disease is not a notifiable infectious disease in Ireland. This means that there is no legal requirement on doctors to report cases to their local Director of Public Health, so this makes estimates of incidence difficult. However, the schedule of infectious diseases is reviewed on a periodic basis and inclusion of Lyme disease will be considered in the future. A number of cases are diagnosed each year, but the true figure is unknown. However, research has determined that there are about 30 human cases per year in Ireland. In 2007, 71 specimens were confirmed positive for Lyme borreliosis, suggesting a crude incidence rate of 1.67 per 100,000 that year. A recent study in the west of Ireland at Galway University Hospital suggests that the disease incidence may be higher in the Galway area. A fact sheet on Lyme disease, developed by the Vectorborne Subcommittee of the Scientific Subcommittee of the Health Protection Surveillance Centre (HPSC), is available on their website (www.hpsc.ie) to provide members of the general public and media with advice on minimising the risk of Lyme disease. In the future, this committee intends to publish Clinical Guidance on the management of Lyme disease and raising awareness of this condition among clinicians.

Prescription Charges. 331. Deputy Michael McGrath asked the Minister for Health and Children the position regarding the application of the prescription charge for persons under the long-term illness scheme who may have multiple items on their prescription. [48452/09]

Minister for Health and Children (Deputy Mary Harney): To address rising costs in both the GMS and Long Term Illness schemes, and to influence to some degree demand and prescribing patterns, a 50 cent charge per prescription item shall be introduced, subject to a monthly ceiling of €10 per family. The details will be set out in new legislation which is required to give effect to the introduction of prescription charges and the expected implementation date is 1 April 2010.

Medical Cards. 332. Deputy Thomas Byrne asked the Minister for Health and Children the status of a medical card application in respect of a person (details supplied) in County Meath. [48498/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

333. Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an over 70 years medical card review in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [48466/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

233 Questions — 19 January 2010. Written Answers

Hospital Services. 334. Deputy James Bannon asked the Minister for Health and Children if a person (details supplied) in County Longford will be admitted to hospital; and if she will make a statement on the matter. [48476/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Service Allowances. 335. Deputy James Bannon asked the Minister for Health and Children the position regarding an application for mobility allowance in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [48478/09]

Health Services. 336. Deputy James Bannon asked the Minister for Health and Children when a child (details supplied) will be given a follow-up appointment after their school eye-sight test; and if she will make a statement on the matter. [48480/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Disabled Drivers. 337. Deputy Paul Connaughton asked the Minister for Health and Children the reason a person (details supplied) in County Galway has not been called for a medical examination in respect of their application for a primary medical certificate under the disabled drivers and passengers tax concessions scheme; and if she will make a statement on the matter. [48499/09]

Medical Cards. 338. Deputy Paul Kehoe asked the Minister for Health and Children when a decision will be made on an application for a medical card in respect of a person (details supplied). [48504/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Allowances. 339. Deputy Paul Kehoe asked the Minister for Health and Children when back to school and clothing allowance will be processed in respect of a person (details supplied). [48505/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

234 Questions — 19 January 2010. Written Answers

Departmental Expenditure. 340. Deputy James Reilly asked the Minister for Health and Children the details of pay savings of €695 million as outlined in the health Estimates for 2010 including general pay reductions and higher reductions for those on higher pay on foot of the report of the Review Body on Higher Remuneration, a proposed further reduction in the fees payable to certain health professionals, and savings associated with the moratorium on recruitment and promotion; and if she will make a statement on the matter. [48507/09]

Minister for Health and Children (Deputy Mary Harney): The Budget provision for the Health group of votes identified €659m in pay savings as decided by Government. This included almost €7m for my Department. Following the Budget, the HSE was provided by my Depart- ment, with an indicative breakdown of the pay savings including:

• general pay reductions, and higher reductions for those on higher pay on foot of the recent Report of the Review Body on Higher Remuneration (€482m);

• a proposed further reduction in the fees payable to certain health professionals (€45m);

• and savings associated with the moratorium on recruitment and promotion (€103). There will also be corresponding reductions in grants made by the HSE to agencies funded under Section 39 of the Health Act 2004 to reflect these decisions. While the figures above give a high level breakdown of how the savings may be achieved, the actual distribution will be reflected in the final allocations made in the HSE Service Plan, when it is approved. The Health Estimate for 2010, provided for a range of measures designed to bring costs into line with what we can afford. At the same time, the Government is ensuring that sufficient resources are made available to respond to priority demographic and other needs, particularly in services for older people and cancer, and to support ongoing reform of our public health services.

Health Services. 341. Deputy James Reilly asked the Minister for Health and Children the details of the dental treatment services scheme; the number of persons eligible for the DTSS for each of the past five years; the cost of the scheme for each of the past five years; the breakdown of the cost of the scheme for each of these years; the impact savings of €30 million will have on the treatments and services offered under the scheme; and if she will make a statement on the matter. [48508/09]

Minister for Health and Children (Deputy Mary Harney): The Dental Treatment Services Scheme (DTSS) was established in 1994 providing a range of dental services to medical card holders. The scheme is delivered by dental practitioners holding contracts with the HSE.

Year Cost of the Scheme over Number of Medical Card Holders at Number of treatments last five years is as follows: 31st December as follows: over the last five years as follows:

€

2005 54,402,901.00 1,155,727 1,069,402 2006 55,448,432.00 1,221,695 1,095,919 2007 58,145,888.00 1,276,178 1,078.878 2008 64,158,290.39 1,352,120 1,195,945 2009 86,187,209.63 1,472,115 at 30 Nov. ’09 Not yet available

235 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.]

It has been decided to put a cash limit on Dental Treatment Services Scheme this year — based on the expenditure incurred by the scheme in 2008. My Department has asked the HSE to examine the means of achieving this and expects to have their proposals on the matter shortly. My Department has also asked the HSE to furnish the Deputy with a breakdown of the cost of the individual treatment items within the scheme for each of the above years.

Departmental Expenditure. 342. Deputy James Reilly asked the Minister for Health and Children the details of the Health Service Executive economy savings of €106 million in view of the health Estimates for 2010; and if she will make a statement on the matter. [48509/09]

354. Deputy James Reilly asked the Minister for Health and Children the way the €70 million will be allocated to address various demographic needs; and if she will make a statement on the matter. [48521/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 342 and 354 together. As the Deputy is aware under Section 31 of the Health Act, 2004 the Health Service Execu- tive must prepare and submit its annual National Service Plan for the coming year for my approval. The National Service Plan (NSP) must indicate the type and volume of health and personal social services to be provided by the Health Service Executive for the financial resources provided in its Vote. As announced in the Budget there are a range of measures which the HSE must implement in the context of its Service Plan this year, in accordance with the government policies controlling public expenditure, including public sector pay. The savings referred to by the Deputy are part of those measures. Also in the Budget it was announced that there would be additional funding made available for certain service development and demographic pressures. The details of the savings measures and the allocation of funds to meet demographic pressures will be set out in the Service Plan. The HSE submitted its 2010 NSP to me on 15th January. Under the Health Act 2004 I have 21 days in which to approve the Plan. In accordance with the Act, once the NSP is approved it will be laid before both houses of the Oireachtas and I will be in a position to inform the Deputy of the details then.

Departmental Agencies. 343. Deputy James Reilly asked the Minister for Health and Children the number of agencies funded by her Department; the funding provided to these agencies for each of the past five years, including 2009; the number of staff employed by these agencies for each of the past five years; and if she will make a statement on the matter. [48510/09]

Minister for Health and Children (Deputy Mary Harney): The agencies funded by my Department and the numbers employed by these agencies for each of the past five years including 2009 are detailed in the following tables.

Agency 2009 2008 2007 2006 2005

€€€€€

National Council on Ageing 430,000 904,000 1,510,000 1,440,000 1,347,000 National Social Work Qualification 569,000 578,000 573,000 557,000 511,000 Irish Medicines Board 4,601,922 4,993,000 4,924,000 4,025,000 3,856,000 Post Graduate Medical and Dental Board* 0 10,362,000 9,795,000 8,744,000 7,088,000 Board for the Employment of the Blind 17,000 10,000 4,717,000 1,100,000 696,000

236 Questions — 19 January 2010. Written Answers

Agency 2009 2008 2007 2006 2005

€€€€€ (Blindcraft) Crisis Pregnancy Agency 8,178,000 8,706,000 8,574,000 8,140,000 7,399,000 Food Safety Authority Ireland 18,032,000 18,505,000 18,712,000 17,430,000 17,159,663 Institute of Public Health 1,517,000 1,576,000 1,562,000 1,505,000 1,468,500 Health Information & Quality Authority 11,100,000 14,800,000 6,389,000 1,386,000 361,112 Irish Health Safety Accreditation Board** 0 0 843,000 2,464,000 2,342,000 Mental Health Commission 17,950,000 16,600,000 17,380,000 6,250,000 5,980,000 National Cancer Screening Service 57,300,000 42,452,000 30,419,000 13,693,000 10,606,000 National Council Professional Development of 4,285,000 4,473,000 4,200,000 4,350,000 4,220,000 Nursing & Midwifery Office of Tobacco Control 1,620,000 1,819,000 2,495,554 2,315,000 1,838,000 Pre Hospital Emergency Care Council 3,281,000 3,438,000 3,414,850 2,812,000 2,236,000 Childrens’Acts Advisory Board* 2,199,000 2,314,000 2,232,000 1,715,000 2,101,000 Women’s Health Council 500,000 658,000 654,000 631,000 609,000 National Treatment Purchase Fund 90,350,000 104,641,000 91,744,000 78,644,000 64,000,000 Food Safety Promotion Board 5,623,000 7,000,000 6,475,000 6,580,000 6,370,000 Health Research Board 35,241,000 36,885,000 36,085,000 30,353,000 27,147,000 Ombudsman for Children 2,310,000 2,409,000 2,080,992 1,266,268 1,018,997 National Cancer Research Board 2,477,000 3,037,000 2,165,000 1,720,000 1,870,000 Health and Social Care Professionals Council 595,000 315,000 0 0 0

Agency WTEs Sep-09 WTEs Dec-08 WTEs Dec-07 WTEs Dec-06 WTEs Dec-05

National Council on Ageing and Older Subsumed 9.00 12.30 15.80 15.30 People into DoHC National Social Work Qualifications Board 6.69 7.00 7.00 7.00 6.00 Irish Medicines Board 245.7 240.62 226.82 202.36 181.25 Postgraduate Medical and Dental Board Subsumed 16.30 33.70 35.50 29.10 into HSE Board for the employment of the blind n/a n/a Ceased 39.00 39.00 (Blindcraft) operation Crisis Pregnancy Agency 13.80 17.00 15.00 13.00 14.00 Food Safety Authority of Ireland 85.47 81.40 81.00 84.00 84.00 Institute of Public Health 19.00 19.00 20.00 21.00 19.00 Health Information and Quality Authority 132.2 77.50 33.70 n/a n/a Irish Health Safety Accreditation Board Mental Health Commission 40.33 41.45 39.75 35.55 24.80 National Cancer Screening Service 274.47 258.79 193.27 111.06 105.54 National Council for the Professional 11.50 11.50 11.50 11.50 11.50 Development of Nursing and Midwifery Office of Tobacco Control 7.00 8.00 7.00 7.00 4.00 Pre-Hospital Emergency Care Council 16.00 15.00 15.00 12.00 12.00 Children’s Act Advisory Board 13.00 16.00 14.20 14.20 15.00 Women’s Health Council Subsumed 5.00 8.50 4.50 4.50 into DoHC National Treatment Purchase Fund 45.6 49.8 47.4 41.4 27 Food Safety Promotion Board 29.80 27.00 35.00 33.00 35.00 Health Research Board 77.20 83.70 80.70 68.10 41.50 Ombudsman for Children 13.00 14.00 15.00 6.00 8.00 National Cancer Registry Board 49.40 46.12 41.42 40.27 36.89 Health & Social Care Professionals Council 4.00 2.00 n/a n/a n/a 2007

237 Questions — 19 January 2010. Written Answers

Departmental Expenditure. 344. Deputy James Reilly asked the Minister for Health and Children the details of non-pay expenditure reductions of €3.5 million by her Department and its directly funded agencies in view of the health Estimates for 2010; and if she will make a statement on the matter. [48511/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy is aware, the vast bulk of the funding voted for my Department relates to directly funded agencies, and as such the majority of the non-pay savings will fall to be met by these agencies. My Department is currently finalising the allocations for these agencies, which will encompass their share of the €3.5m. I expect be in a position to approve these allocations shortly, after which, the information requested by the Deputy will be made available.

345. Deputy James Reilly asked the Minister for Health and Children the details of the savings of €2.5 million in 2010 and €7.5 million in a full year in the national child-care investment programme in view of the health Estimates for 2010; and if she will make a statement on the matter. [48512/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Community Childcare Subvention Scheme (CCSS) is implemented by my Office under the National Childcare Investment Programme (NCIP). In Budget 2010, the Minister for Finance announced that the CCSS would be succeeded by a follow on scheme with effect from September 2010. The new Community Childcare Subvention (CCS) scheme will continue to provide support funding to community based childcare services to enable them to charge reduced childcare fees to disadvantaged and low income parents. The weekly subvention rates payable in respect of parents in receipt of social welfare payments will be maintained at the rate of €100 for full-time daycare. Parents in receipt of Job Seeker’s Benefit and Assistance will continue to qualify and be subvented at the full rate but will be restricted to part-time provision (i.e. not more than 5 hours per day). The weekly subvention rates payable to low income parents in employment will be increased from €70 to €100 for full-time daycare, in the case of parents in receipt of Family Income Supplement, and from €45 to €50 for full-time daycare, in the case of parents marginally above this threshold (e.g. parents holding medical or GP visit cards). My Office will also be consulting in the coming months with the Departments of Education and Science and Enterprise, Trade and Employ- ment with a view to replacing the current childcare supports for participants in VEC and FÁS courses, currently limited to not more than €133.50 per week for full-time daycare, with a CCS strand which provides free childcare places at a weekly capitation fee of up to €170. The transitional arrangements which applied to some services participating in the CCSS will end with the cessation of that scheme on 31 August 2010. The changes as outlined are expected to be generally cost neutral. However, as the Deputy will be aware, I also have responsibility for the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which came into at the beginning of this year. The ECCE is a universal scheme open to all children within a certain age range each year. In return for the provision of a pre-school year place, participating services will be paid an annual capitation fee, the standard rate for which is €2,450. It is expected that some 4,000 children currently subvented under the CCSS will instead avail of the free pre-school year and, as a result, it is estimated that the annual cost of the CCSS, and subsequently the CCS, will reduce by approximately €7.5 million.

238 Questions — 19 January 2010. Written Answers

Hospital Charges. 346. Deputy James Reilly asked the Minister for Health and Children the details of the savings of €75 million in private income collection for hospitals in view of the health Estimates for 2010; the steps she will take to expedite collection of outstanding charges; the steps this change will involve; and if she will make a statement on the matter. [48513/09]

Minister for Health and Children (Deputy Mary Harney): The need for a more efficient private income collection system for hospitals was highlighted in the Report of the Special Group on Public Service Numbers and Expenditure Programmes and in the Comptroller and Auditor General Annual Report on the 2007 Vote of the Health Service Executive. This issue has been examined in the context of the Estimates process and the HSE has established a working group to address the matter. This working group has set out a number of initiatives to address the issue of the collection of charges including the development of a new centralised billing system which aims to streamline the process and focus attention on the collection of all outstanding debts. It is intended that the HSE’s plan to address the problems will be examined in the context of the Value for Money and Policy Review of the Economic Cost and Charges Associated with Private and Semi-Private Treatment Services in Public Hospitals, currently being undertaken by my Department

Questions Nos. 347 and 348 answered with Question No. 308.

Nursing Homes Support Scheme. 349. Deputy James Reilly asked the Minister for Health and Children her views on the fact that the annual full year allocation for the fair deal scheme in 2008 was €110 million and that the annual full year allocation for the fair deal scheme in 2010 is €97 million; her views on whether this reduction of more than 10% will limit the number of persons who may participate in the scheme; and if she will make a statement on the matter. [48516/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): In 2008, funding of €110 million was allocated for the introduction of the Nursing Homes Support Scheme, A Fair Deal. A dedicated subhead for long-term residential care was also established (subhead B16 in Vote 40). Including the additional allocation of €110 million, the total funding in subhead B16 at the beginning of 2008 was €920 million. Due to the delay in introducing the scheme, €25 million of the €110 million was reallocated to support the provision of additional contract beds and nursing home subventions. The balance of the €110 million was used to meet other costs within the health services in 2008 as part of the Government’s budgetary consolidation measures. In 2009, €55 million was allocated for the Nursing Homes Support Scheme. The level of funding allocated reflected the fact that the legislation providing for the scheme would be enacted during the course of 2009, enabling only part-year implementation of the scheme. The legislation was subsequently signed into law on the 1st July 2009 and the scheme commenced on the 27th October 2009. The funding of €55 million remains in the subhead for long-term residential care in 2010 and is supplemented by the additional €97 million committed in Budget 2010. This brings the total funding in the subhead to €1.006 billion. Therefore, the 2010 funding allocation does not represent a reduction in funding but rather an increase. It is envisaged that this funding will support the successful introduction of the scheme in 2010, taking account of increased demand arising from demographic trends.

239 Questions — 19 January 2010. Written Answers

Nursing Homes Support Scheme. 350. Deputy James Reilly asked the Minister for Health and Children the number of applicants for the fair deal scheme to date; and if she will make a statement on the matter. [48517/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Care of the Elderly. 351. Deputy James Reilly asked the Minister for Health and Children the number of additional home care packages €10 million will provide; her views on the fact that these packages will be targeted at those who most need them in view of the recent findings included in the National Economy and Social Council report on home care packages; the action she will take in this regard; and if she will make a statement on the matter. [48518/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): Budget 2010 provided an additional €10 million to expand the Home Care Package (HCP) Initiative to meet need arising from demographic changes. Home Care Packages, introduced in 2006, are tailored to the needs of older people whose requirements cannot be met by mainstream Primary, Community and Continuing Care (PCCC) services. They consist of enhanced supports over and above existing mainstream community services, with the objective of maintaining older people to live at home and in their communities. They are primarily targeted towards those at risk of inappropriate admission to long-term residential care or acute hospitals, or those requiring discharge home from acute hospital. In 2009, the HSE provided €120 million to cater for approximately 11,500 clients over the course of the year. The additional packages now coming on stream will be directed towards pressure points in the acute hospital and long- term care systems around the country. This approach takes account of one of the recommendations arising from an independent Evaluation into Home Care Packages undertaken last year and published on the Department website on 3 December last. The number of persons benefitting from this new investment will be finalised in the context of agreeing the HSE Service Plan 2010 but, depending on the mix of packages decided, this could facilitate up to 1,000 clients.

Medical Cards. 352. Deputy James Reilly asked the Minister for Health and Children the number of persons eligible for the full medical card in 2009; the cost for same; the estimated number of persons eligible for the full medical card in 2010; the cost for same; and if she will make a statement on the matter. [48519/09]

Minister for Health and Children (Deputy Mary Harney): Details of the number of medical cards and GP visit cards are provided to my Department each month by the Health Service Executive (HSE). The figures are provided on a net basis, showing the balance after new cards have been issued and other cards, as appropriate, have been deleted from the Executive’s database, e.g. following a review of a person’s circumstances. The most recent figures provided to my Department by the HSE reflect the position as at 31st December 2009 and show 1,478,560 medical card holders and 98,325 GP visit card holders on that date. The cost of the Medical Card Scheme in 2009 was €1.901 billion. The HSE has projected an approximate additional 144,000 medical cards and an additional 16,000 GP visit cards for 2010, which will bring the cost of the Medical Card Scheme to €1.986 billion. These costs include the cost of medical cards and GP visit cards.

240 Questions — 19 January 2010. Written Answers

Cancer Screening Programme. 353. Deputy James Reilly asked the Minister for Health and Children the way the €20 million allocated for the continued implementation of the national cancer control programme will be allocated; the amount allocated to the colorectal cancer screening programme; and if she will make a statement on the matter. [48520/09]

Minister for Health and Children (Deputy Mary Harney): As announced on Budget Day, an additional €20m has been allocated for the further development of cancer services in 2010. This funding will be used to enhance services for a number of site-specific cancers including lung cancer, prostate cancer, pancreatic cancer, rectal cancer and brain and other central nervous system tumours. Funding is also being provided for the HPV vaccination programme for all girls in first year in secondary school and for staffing for two new radiotherapy facilities currently under construction at Beaumont and St James’s Hospitals. These are on target to open by the end of 2010. The Health Service Executive’s National Service Plan, when approved, will outline the detailed allocation of National Cancer Control Programme development funding for these initiatives. I announced last Friday that a national colorectal screening programme for all persons aged 60 to 69 years will commence in early 2012. There will be a two year lead in phase to put in place the necessary infrastructure and human resources to support a quality assured screening programme. The National Cancer Screening Service will outline the allocation of funding across its screening programmes for 2010, including the funding required to implement colorectal screening, in its Service Plan which will be submitted to me by the Board.

Question No. 354 answered with Question No. 342.

Departmental Expenditure. 355. Deputy James Reilly asked the Minister for Health and Children the details of the €17 million to support suitable projects that demonstrate innovation in service delivery; and if she will make a statement on the matter. [48522/09]

Minister for Health and Children (Deputy Mary Harney): Notwithstanding the difficult financial environment, the Government has made available additional resources to assist the HSE in responding to priority demographic and other needs, particularly for older people, children and cancer care, and to support ongoing reform of the public health services. In addition, a minimum of €17m is available in Innovation funding from the total provision of €33m previously made available to support innovation in service delivery. It is expected that more funding will be released during the course of this year from projects approved in 2008 that have completed their funding phase. I believe the arrival of a National Director of Quality and Clinical Care, Assistant National Directors for Care Groups and Clinical Directors under the new consultants’ contract provides an opportunity to accelerate service reform. I have advised the HSE that I am happy for consideration to be given to how the Innovation Fund can be used to support once-off, start up costs associated with the implementation of care pathways so as to improve quality and eliminate unnecessary cost. I have asked the HSE to set out the proposed approach to the use of the Innovation Fund in the National Service Plan 2010. The Plan is currently under consideration by my Department and once approved, it will be laid before the Houses of the Oireachtas and published. Progress on the Innovation Fund will be reported in the HSE’s monthly performance reports on the Plan.

241 Questions — 19 January 2010. Written Answers

356. Deputy James Reilly asked the Minister for Health and Children the capital budget for each of the past five years; the capital budget for 2010; the small number of priority projects that will be initiated in 2010; and if she will make a statement on the matter. [48523/09]

357. Deputy James Reilly asked the Minister for Health and Children if she will arrange for the publication of a five-year capital programme including details on all projects, cost, the location of these projects, the completion dates for same; and if she will make a statement on the matter. [48524/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 356 and 357 together. The capital budget for the Health Service Executive for the period 2005 to 2009 was as follows: 2005: €564.063m, 2006: €574.556m, 2007: €524.951m, 2008: €593.720m, 2009: €442.763m. The 2010 capital provision is €436.792m. A draft capital plan for the period 2010-2014 was submitted to my Department last Friday (15th January) by the Health Service Executive. My Department is reviewing the proposals and following up with the HSE where further details may be required. The proposed plan requires my approval with the consent of the Minister for Finance. Details of the plan will be published by the HSE following its approval.

Cost of Medicines. 358. Deputy James Reilly asked the Minister for Health and Children the recent discussions with the representative bodies of the drug manufacturers to achieve reduction in drug prices of €141 million; the way she expects to achieve these savings; and if she will make a statement on the matter. [48525/09]

Minister for Health and Children (Deputy Mary Harney): Over the last number of weeks, I have been having discussions with the two representative bodies of drugs manufacturers — the Irish Pharmaceutical Healthcare Association (IPHA) and the Association of Pharmaceutical Manufacturers in Ireland (APMI) — with a view to securing significant savings in the State’s drug bill. I am pleased to advise the House that agreement has been reached with IPHA on price cuts of 40% for a large number of drugs and medicines with effect from 1 February next. In addition, the rebate paid by IPHA member companies to the Health Service Executive in respect of drugs supplied under the GMS scheme is to be extended to include all community drugs schemes and increased from 3.53% to 4%. The combination of these measures plus consequent savings in wholesale and retail mark-ups are expected to result in savings of approximately €94m in a full year. I am disappointed to say that APMI member companies have declined to offer any reductions in the price of the generic drugs and medicines that they supply at this time. The current agreement with APMI expires on 1st September 2010 and it is my firm intention to obtain savings from APMI of at least an equivalent level to those secured from IPHA. Such an outcome would yield savings of approximately €27m in a full year. I am committed to bringing forward further measures to reduce the State’s drugs bill. To address rising costs in both the GMS and Long Term Illness schemes, and to influence to some degree demand and prescribing patterns, a 50 cent charge per prescription item shall be introduced, subject to a monthly ceiling of €10 per family. The details will be set out in new legislation which is required to give effect to the introduction of prescription charges and the expected implementation date is 1st April 2010.

242 Questions — 19 January 2010. Written Answers

It is also my intention to introduce a system of reference pricing combined with generic substitution under the GMS and community drugs schemes. A working group, comprising of officials from my Department and the HSE, and chaired by Mr Mark Moran, is progressing this initiative, which will encourage greater use of cheaper generic alternatives and lead to further savings in the State’s drugs bill. I expect to see significant progress on this in 2010, including the identification and implementation of legislative and administrative changes required to give it effect.

359. Deputy James Reilly asked the Minister for Health and Children the working group to examine reference pricing and generic substitution; the membership of this group; when she expects the group to report; the details of the reference pricing; the estimated savings she expects to achieve through the introduction of reference pricing; if legislation is necessary for this change; and if she will make a statement on the matter. [48526/09]

Minister for Health and Children (Deputy Mary Harney): It is my intention to introduce a system of reference pricing combined with generic substitution under the GMS and community drugs schemes. A working group, comprising officials from my Department and the HSE, and chaired by Mr Mark Moran, is examining options to progress this initiative, which will encourage greater use of cheaper generic alternatives and lead to further savings in the State’s drugs bill. I expect to see significant progress on this in 2010, including the identification and implementation of legislative and administrative changes required to give it effect.

Health Insurance. 360. Deputy James Reilly asked the Minister for Health and Children if she will give details of the updating of the health insurance levy; and if she will make a statement on the matter. [48527/09]

Minister for Health and Children (Deputy Mary Harney): Private health insurance in Ireland is community rated, meaning that all persons pay the same price for the same product, regardless of their age or health status. This is to ensure that health insurance remains affordable for all, as older and sicker people incur higher claims costs than younger and healthier people. In a risk rated market, health insurance would become unaffordable for those with higher claims costs. In order to support community rating, a form of risk equalisation/loss adjustment is required to compensate insurers for the higher claims costs of their older customers. The 2003 Risk Equalisation Scheme was struck down by the Supreme Court in 2008. In order to ensure that health insurance would remain affordable for older people, the Government introduced interim three year measures from 1 January 2009 to compensate insurers for the higher claims costs of their older customers. A more permanent, robust risk equalisation scheme to replace the interim scheme is now in preparation. The interim scheme includes an age-related tax credit credited to private health insurers in respect of each person over the age of 50 they insure. The age-related tax credit, which is in addition to the standard tax relief of 20%, is applicable in respect of all health insurance policies and is funded by a stamp duty levied on private health insurers in respect of every person they insure. As required under the Health Insurance (Miscellaneous Provisions) Act 2009, the Health Insurance Authority (HIA) submitted a report to me in relation to the age-related tax credits and stamp duty it considered should apply for 2010.

243 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.]

I and the Minister for Finance have considered the recommendations of the HIA in the context of our respective roles under the legislation. It has now been decided that the levels which will apply for health insurance contracts taken out or renewed in 2010 will be as follows:

Age-related tax credit

2009 rate 2010 rate €€

50-59 200 200 60-69 500 525 70-79 950 975 80+ 1,175 1,250

The stamp duty levied on private health insurers in order to fund the revised age-related tax credit will be as follows for health insurance contracts taken out or renewed in 2010:

• €185 in respect of each insured person aged 18 or over (2009 rate €160)

• €55 in respect of each insured person aged less than 18 (2009 rate €53)

The necessary changes to legislation will be made by way of the Finance Bill, along with other financial measures announced in the Budget. The changes to the interim scheme will be effective from 1 January 2010.

Health Services. 361. Deputy James Reilly asked the Minister for Health and Children the estimated cost of alcohol-related harm to the health services; her views on the cut in alcohol excise duty, the implications this will have on increased alcohol consumption and the impact this may have on the health services; and if she will make a statement on the matter. [48528/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): Alcohol is causally related to more than 60 different medical conditions and is implicated in numerous premature deaths, accidents and injuries each year. Therefore, the cost of alcohol- related harm to the health system is significant and ongoing. Figures for 2008 from the Revenue Commissioners for alcohol sales and from the Central Statistics Office for population estimates, indicate that alcohol consumption decreased by 7.63% from the previous year. However, the alcohol sales figures do not include the unrecorded alcohol sales stemming from cross-border purchase of alcohol in Northern Ireland and elsewhere. My Department will continue to seek to reduce the overall level of alcohol consumption in the population in order to reduce the burden of alcohol-related harm on the health services and on society in general. In order to tackle the problems associated with alcohol use and misuse we need to take responsibility both collectively and individually. There is a social acceptance of alcohol in our society and we need to question the signal that this is sending particularly to our young people. The work of the Steering Group established to develop the alcohol part of the National Substance Misuse Strategy is very relevant in this regard. It will base its recommendations on effective evidence based measures to deal with this significant public health issue in relation to regulation of supply, pricing, prevention, treatment, awareness and education. 244 Questions — 19 January 2010. Written Answers

Medical Cards. 362. Deputy Seán Barrett asked the Minister for Health and Children the service available to medical card patients seeking dental treatment as a result of the cap on dental treatment spending for medical card holders announced in Budget 2010; the services available following the Budget 2010 decision to eliminate the PRSI dental insurance scheme for persons at work; and if she will make a statement on the matter. [48529/09]

Minister for Health and Children (Deputy Mary Harney): It has been decided to put a cash limit on the Dental Treatment Services Scheme this year, based on the expenditure incurred under the scheme in 2008. My Department has asked the HSE to examine the means of achieving this and I expect to receive their proposals shortly. Responsibility for the Dental Treatment Benefit Scheme rests with my colleague, the Minister for Social and Family Affairs. The treatments available under the scheme have been limited to the dental and optical examinations for 2010.

Health Services. 363. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Galway. [48530/09]

364. Deputy Fergus O’Dowd asked the Minister for Health and Children his views on a matter (details supplied); and if she will make a statement on the matter. [48544/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

365. Deputy Emmet Stagg asked the Minister for Health and Children the reason for the delay in awarding a home care package to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [48562/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

366. Deputy Michael McGrath asked the Minister for Health and Children if community welfare officers are legally permitted to discuss individual cases with Members of Dáil Éireann. [48563/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Hospital Services. 367. Deputy Phil Hogan asked the Minister for Health and Children her support for financial investment in respect of the microbiology laboratory in Waterford Regional Hospital, County Waterford; and if she will make a statement on the matter. [48564/09]

Minister for Health and Children (Deputy Mary Harney): Approximately 77 million laboratory tests are undertaken annually across 44 public hospitals, at a cost of approximately €470 million. This workload comprises urgent and non-urgent tests and a significant proportion of

245 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.] activity originates in primary care. An external review of laboratory services was conducted for the HSE by Teamwork Management Services in 2007. The review highlighted limitations in the current organisation of laboratories, affecting quality, turn around time and cost. In light of the review, the HSE announced plans in 2009 to modernise laboratory services and to introduce significant efficiencies in the configuration and operation of these services. The HSE has already had significant engagement with stakeholders in progressing this initiative. Groups such as the Faculty of Pathology and the Medical Laboratory Scientists Association will have an ongoing input into the process. As part of this initiative, the HSE recently commenced discussions with the National Development Finance Agency about the capital financing of a small number of dedicated “cold” laboratories to process the large volumes of routine patient tests currently undertaken in hospital laboratories. This will include a robust analysis of the cold laboratory business model from a value for money perspective. The specific question in relation to Waterford Regional Hospital is a matter for the HSE and I have referred the Deputy’s question to the Executive for direct reply.

Health Services. 368. Deputy Martin Ferris asked the Minister for Health and Children when a person (details supplied) in County Kerry will except to be given an appointment for orthodontic treatment. [48578/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Hospital Services. 369. Deputy Róisín Shortall asked the Minister for Health and Children if she will waive an outstanding bill regarding hospital admission costs in view of the delays in processing a medical card in respect of a person (details supplied) in Dublin 11; and if this application is dealt with without delay. [48586/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards. 370. Deputy Seán Sherlock asked the Minister for Health and Children the position regarding an application for a medical card in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [48588/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Drugs Payment Scheme. 371. Deputy Michael McGrath asked the Minister for Health and Children the position regarding the availability of a treatment (details supplied) under the drugs payment scheme; if there are limitations on the number of treatments a person will receive under the scheme; and if she will make a statement on the matter. [48594/09]

246 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) transferred a defined list of fertility medicines including Puregon to the High Tech Scheme from the Drug Payment Scheme in March 2009. This was put in place to improve governance arrangements for monitoring usage and prescribing patterns as patients must be authorised in advance by the HSE under the High Tech Scheme. The HSE advised prescribers in registered fertility clinics that it considered three full cycles of IVF an appropriate benchmark for funding. Some registered clinics already operate such a benchmark to avoid over-stimulation of the ovaries, which can have serious consequences for the patient in question. The HSE advises that no patient has been refused authorisation under any limitations to the number of cycles for treatment under the High Tech Scheme to date.

Health Services. 372. Deputy James Reilly asked the Minister for Health and Children if the Health Service Executive is engaging licensed transport providers with the relevant public liability insurance to provide patient transport in HSE Dublin north east; if the non-ambulance patient transport service contract is put out to public tender; and if she will make a statement on the matter. [48613/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Health Service Staff. 373. Deputy James Reilly asked the Minister for Health and Children the impact of the workplace compensation scheme for psychiatric nurses since its introduction; the cost to the health authorities in terms of insurance premium; the number of claims made; the number of claims which were accepted; the amount of compensation paid out; and if she will make a statement on the matter. [48623/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Medicinal Products. 374. Deputy Michael McGrath asked the Minister for Health and Children the position regarding the availability of a drug (details supplied) without prescription; if she has any plans to designate the drug as prescription-only; and if she will make a statement on the matter. [48625/09]

Minister for Health and Children (Deputy Mary Harney): The drug is, at present, subject to prescription control as it is listed in Schedule 1 of the Medicinal Products (Prescription and Control of Supply) Regulations 2003 as amended. No exemptions from prescription control are contained in Schedule 1 in respect of this drug and, therefore, it may not be supplied without prescription. The drug is also listed in Schedule 3 of the Misuse of Drugs Regulations 1988 as amended. As a Schedule 3 controlled drug, additional controls apply to the prescription and supply of this drug over and above those applying to other prescription medicines; for example, prescriptions for this drug must primarily be in the prescriber’s handwriting and are only valid for 14 days from the date of writing of the prescription.

247 Questions — 19 January 2010. Written Answers

Health Services. 375. Deputy James Reilly asked the Minister for Health and Children if there is a Health Service Executive lease or a contractual arrangement with parties at the address (details supplied) in County Carlow; if psychiatric patients are discharged to this address from St. Dymphna’s Hospital as an outreach unit; and if she will make a statement on the matter. [48626/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Medical Cards. 376. Deputy James Reilly asked the Minister for Health and Children if she will renew a medical card in respect of a person (details supplied) in Dublin 17; and if she will make a statement on the matter. [48629/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services. 377. Deputy Charles Flanagan asked the Minister for Health and Children when a person (details supplied) in County Laois will be notified of the availability of a bed in Tallaght Hospital; if consideration will be given towards the provision of a bed in early course. [48630/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Services. 378. Deputy Finian McGrath asked the Minister for Health and Children her views on a matter (details supplied) in Dublin 4. [48632/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service issue, it has been referred to the HSE for direct reply.

Hospital Services. 379. Deputy Charles Flanagan asked the Minister for Health and Children if her attention has been drawn to the cancellation of an appointment for a scan in respect of a person (details supplied) in County Laois, who was notified of the cancellation on 8 October 2009 with no deferral or reappointment scheduled; if the person will be notified of the rearranged date; and if she will make a statement on the matter. [48641/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Service Allowances. 380. Deputy Michael McGrath asked the Minister for Health and Children the assessment criteria used by the community welfare officer for a supplementary welfare allowance application in the case of a married couple where one spouse is working and the other is not, and where they have no children. [48646/09]

248 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Services. 381. Deputy Martin Ferris asked the Minister for Health and Children when a person (details supplied) in County Kerry will receive orthodontic treatment. [48647/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

382. Deputy Martin Ferris asked the Minister for Health and Children the number of persons currently awaiting orthodontic treatment in County Kerry; and the monthly figures for the waiting list for each month in 2009. [48648/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

National Treatment Purchase Fund. 383. Deputy Michael Noonan asked the Minister for Health and Children if she will fulfil the commitment made to a person (details supplied) in County Limerick in her reply to Parliamentary Question No. 336 of 16 September 2009; if her attention has been drawn to the fact that their operation scheduled for 2 December 2009 was cancelled; and if she will make a statement on the matter. [1029/10]

Minister for Health and Children (Deputy Mary Harney): I have been advised by the National Treatment Purchase Fund that this patient has been referred and the relevant consultants will be meeting shortly to discuss the case and agree a date for surgery. The NTPF regrets any lack of clarity over the scheduling of surgery for this patient.

Health Services. 384. Deputy Brian O’Shea asked the Minister for Health and Children if there will be any improvement in 2010 regarding the two to three-year wait for the 3,500 patients awaiting routine dermatological appointments in the south-east region; and if she will make a statement on the matter. [1045/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Services. 385. Deputy Pat Breen asked the Minister for Health and Children if her attention has been drawn to the conditions at the Mid-Western Regional Maternity Hospital, County Limerick; if necessary funding and investment will be put in place to replace or update the existing maternity hospital; and if she will make a statement on the matter. [1065/10]

395. Deputy Michael Noonan asked the Minister for Health and Children her plans to improve maternity facilities in Limerick; and if she will make a statement on the matter. [1104/10]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 385 and 395 together.

249 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.]

As this is a service matter, it has been referred to the HSE for direct reply.

386. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of patients residing in counties Cavan or Monaghan treated in 2007 and 2008 for foot ulcerations who did not require a full or partial lower limb amputation; and the number of those patients who had diabetes. [1077/10]

387. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of patients under 65 years and residing in counties Cavan or Monaghan treated in 2007 and 2008 for foot ulcerations that did not require a full or partial lower limb amputation; and the number of those patients who had diabetes. [1078/10]

388. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of full or partial lower limb amputations carried out on patients residing in counties Cavan or Monaghan in 2007 and 2008; and the number of those patients who had diabetes. [1079/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I propose to take Questions Nos. 386 to 388, inclusive, together. The information requested is contained in the following table.

Hospital Inpatient Enquiry: Foot Ulcerations, Lower Limb Amputations and Diabetes

Area of Residence

Cavan Monaghan National Total

2007 2008 2007 2008 2007 2008

Number of admissions with a diagnosis 74 78 52 66 3,826 3,777 of foot ulcerations and without a full or partial lower limb amputation

— Number of these patients with a 10 25 12 26 1,361 1,298 diagnosis of diabetes

Number of admissions aged under 65 6 12 10 13 1,100 987 with a diagnosis of foot ulcerations and without a full or partial lower limb amputation

— Number of these patients with a — 7 7 6 412 421 diagnosis of diabetes

Number of full or partial lower limb 8 8 10 5 703 667 amputations

— Number of these patients with a ———— 334 338 diagnosis of diabetes Source: Hospital Inpatient Enquiry. Note: Data refer to discharges from publicly funded acute hospitals. Private hospitals are not included. Note: For reasons of patient confidentiality it is standard policy not to report cells of less than 5 cases. These cells have been marked with ‘—’

The HSE is currently developing a programme for diabetes which will establish an integrated diabetic service between community and hospital. Its objective is to improve specific targets to reduce both acute and chronic complications. It will also include effective foot care to reduce severe infection and amputation in diabetes. The recommendations of the Expert Advisory group will be progressed within the context of the Diabetes programme. 250 Questions — 19 January 2010. Written Answers

Cancer Screening Programme. 389. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her attention has been drawn to new research showing that the incidence of cervical cancer in British women aged 20 to 24 years and 25 to 29 years has increased since the screening age in Britain was raised to 25 years, without any corresponding increase in the other age groups; if similar studies are under way here; her views on whether, in view of this research, the CervicalCheck minimum screening age of 25 years should be reduced; and if she will make a statement on the matter. [1084/10]

Minister for Health and Children (Deputy Mary Harney): The Deputy may be referring to an oral presentation given at the British Gynaecological Cancer Society scientific meeting held in Dublin in December 2009 which has not been published and therefore has yet to undergo any peer review. The National Cancer Screening Service keeps under constant review the evidence base, involving any research conducted in Ireland or internationally, that would influence the target population for CervicalCheck. International best practice currently recommends that population-based cervical screening programmes should target women aged from 25 or 30 years to 60 or 65 years. The scientific literature would suggest that there is no additional public health benefit in starting screening below the age of 25 years and published research in fact has shown that the disadvantages of screening women under the age of 25 years may be greater than any potential benefit. CervicalCheck is a programme for women without symptoms. Irrespective of her age, any woman who has symptoms causing concern should seek the advice of a doctor.

Drugs Payment Scheme. 390. Deputy John Perry asked the Minister for Health and Children if a person (details supplied) in County Sligo will receive their full reimbursement under the drugs payment scheme; and if she will make a statement on the matter. [1085/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Waiting Lists. 391. Deputy Jan O’Sullivan asked the Minister for Health and Children the number of persons waiting for a colonoscopy at the end of 2009 in each of the acute hospitals; the number waiting for three months or more in each of these hospitals; the number of persons waiting for six months or more in each of these hospitals; and if she will make a statement on the matter. [1093/10]

Minister for Health and Children (Deputy Mary Harney): The matters raised by the Deputy relate to the provision of healthcare services and accordingly, I have asked the Health Service Executive (HSE) to respond directly to the Deputy.

Cancer Screening Programme. 392. Deputy Jan O’Sullivan asked the Minister for Health and Children when screening for colon cancer will be introduced; the progress that has been made in identifying funding for this programme; and if she will make a statement on the matter. [1094/10]

Minister for Health and Children (Deputy Mary Harney): Approximately 2,200 new cases of colorectal cancer are diagnosed in Ireland each year and around 1,000 people die of the disease.

251 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.] Because of our ageing population, we can expect an increase in the number of cases in the coming years. As with many cancers, early detection is one of the most effective measures to avoid premature death, which is why population-based screening is so important. The Health Technology Assessment carried out by the Health Information and Quality Authority (HIQA) confirmed that population-based colorectal cancer screening would be highly cost-effective and have huge health benefits. I announced on 15 January that screening will commence in early 2012 following an intensive pre-implementation phase that will start immediately. Screening will initially be provided to those aged 60 to 69 years, covering some 400,000 people in this age group, and will be provided on a national basis irrespective of where people live. Screening will be extended to all those aged 55 to 74 years of age as logistics and resources allow. The 60-69 year age group contains about 50% of all cases of colorectal cancer in the 55-74 year age band. The National Cancer Screening Service (NCSS) will meet the revenue cost of the necessary preparatory work over the next two years from within its allocation. The NCSS will finalise the funding required for 2010 shortly and will outline this in its Service Plan, which will be submitted to me by the Board.

Hospital Services. 393. Deputy Jan O’Sullivan asked the Minister for Health and Children if in-hospital medical cover will be removed from a hospital (details supplied); if she will ensure that this proposal is not implemented in view of the needs of the different categories of patient catered for; and if she will make a statement on the matter. [1095/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services. 394. Deputy Thomas Byrne asked the Minister for Health and Children the average number of patients waiting on public dental services in each Health Service Executive health clinic in County Meath. [1100/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Question No. 395 answered with Question No. 385.

Hospital Services. 396. Deputy Olwyn Enright asked the Minister for Health and Children the amount each hospital in an area (details supplied) has been penalised or awarded under the Health Service Executive case-mix award scheme for hospitals each year for the past five years; and if she will make a statement on the matter. [1127/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service issue, it has been referred to the HSE for direct reply.

Health Services. 397. Deputy Bernard Allen asked the Minister for Health and Children the reason a decision was made to reject the application made by a person (details supplied) in County Cork for a

252 Questions — 19 January 2010. Written Answers back to school clothing and footwear grant in view of the fact that their income is below the limit except on the few occasions when they were obliged to work overtime. [1133/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Mental Health Services. 398. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 333 of 17 June 2008, if she will provide the corresponding figures for 2009 and 2010; and if she will make a statement on the matter. [1153/10]

Hospital Acquired Infections. 399. Deputy Brian Hayes asked the Minister for Health and Children if her attention has been drawn to the recent research findings concerning copper and its potential to prevent nosocomial infection within all health care facilities here; and if she will make a statement on the matter. [1157/10]

Minister for Health and Children (Deputy Mary Harney): I am aware of developments in relation to the use of copper handles and plates for commonly touched surfaces in healthcare facilities and their possible role in the prevention and control of certain Healthcare Associated Infections (HCAIs). Indeed I met with representatives of an Irish based company early last year to discuss this issue with them. I subsequently asked Professor Hilary Humphreys of the RCSI to carry out a scientific evaluation of such copper products and my Department is now in receipt of his report. While Prof. Humphreys notes the antimicrobial activity of copper products he states that it is unclear from the scientific literature the extent of the contribution such products would make in prevention and control of HCAIs in addition to those that are already recommended e.g. enhanced environment cleaning, improved professional practice and better facilities for patients. He also notes that of the new products or technologies that are currently being developed, many of these would have potential but their use and incorporation into a HCAI preventative strategy is hampered by lack of hard evidence as to their efficacy in actually reducing HCAI numbers. Clinical trials undertaken in Birmingham on the role of copper in reducing hospital environment contamination, which reported in late 2009, found that “the use of copper-containing material for surfaces in the hospital environment may ...be a valuable adjunct for the prevention of HCAIs and requires further evaluation”. I am advised that a trial that would determine the specific impact of copper products in addition to other control measures in reducing infections and not just reducing the amount of microbes on commonly touched surfaces in healthcare facilities, would be required in definitively deciding the role and value of copper products for this purpose. In addition there is no cost benefit analysis on such products vis-a-vis what is currently used in healthcare facilities; this is a particular concern in the current financial climate. The potential of this new technology as an adjunct to the infection prevention and control measures already in use in hospital settings is noted and I will keep developments in this area under review.

253 Questions — 19 January 2010. Written Answers

Nursing Homes Support Scheme. 400. Deputy Michael Creed asked the Minister for Health and Children when a person (details supplied) in County Cork will have their fair deal nursing home subvention application approved; and if she will make a statement on the matter. [1167/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards. 401. Deputy Ulick Burke asked the Minister for Health and Children if she will review the decision to centralise the issuing of medical cards for the over 70s, return the issuing and review of these cards to local area health offices in view of the long waiting time that is now needed to process these applications, causing distress and anxiety to older people; and if she will make a statement on the matter. [1190/10]

425. Deputy Jan O’Sullivan asked the Minister for Health and Children if her attention has been drawn to the difficulty for the public in accessing information regarding medical card applications following the centralisation of the system for those over 70 years and for some other parts of the country for all applicants; if she will reconsider the plan to centralise the entire system in view of these difficulties; if she will support a review of its operation so far; and if she will make a statement on the matter. [1427/10]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 401 and 425 together. The Health Service Executive, with my full support, has decided to centralise the processing of all medical card and GP visit card applications and renewals at its Primary Care Reimburse- ment Service (PCRS) in Dublin. The process commenced in January 2009 when the PCRS took over the processing of all medical card applications for persons aged 70 or over. The second phase commenced in September 2009 with the transfer of the case load from two local health offices (LHOs) in Dublin to the PCRS. The HSE has advised that the transfer of the case load from the two LHOs included a backlog of some 6,500 cases. These are being dealt with as a matter of urgency by the PCRS. As a result, resources which would have been deployed in customer relations and phone answering have been assigned to deal with this backlog. The HSE is providing additional resources to respond to phone queries, the majority of which relate to the outstanding applications. In 2009, the PCRS processed over 72,000 medical card applications. This included nearly 42,000 reviews. In relation to these reviews, 85% of cases where the required information was supplied were completed within 20 days and 95% within 30 days. The HSE has no control over delays where relevant information is not provided but it has confirmed that when the required information is received, the review is processed without further delay. The HSE intends to transfer the processing of all new medical / GP visit card applications and new reviews / renewals from the other LHOs to the PCRS in April this year. Any applications / reviews received before the date of transfer will be dealt with by the relevant LHO. The HSE is currently putting arrangements in place to track the time taken by each local health office to process applications. I have asked for a report on this issue to be submitted to me by the end of this month.

254 Questions — 19 January 2010. Written Answers

The HSE has recently launched a facility — www.medicalcard.ie — where a person who has applied through the PCRS can view the status of their medical/GP visit card application or review online, using a unique reference number that is provided on the acknowledgement sent to them. If a mobile telephone number is supplied with the application/review, an acknowledgement of receipt and the application status/progress of the case will automatically be delivered to the applicant by text message as their case proceeds through the assessment process. The PCRS is also finalising the development of a facility which will allow people to apply on-line if they wish. The HSE has advised that when fully implemented, the initiative to centralise the processing of all medical card and GP visit card applications and renewals will ensure: Improved turnaround times for processing of applications: under the new arrangements the HSE will be aiming for a turnaround time of 15 working days or less, with provision for emergency applications to be dealt with immediately; consistent and equitable application of eligibility and service provision; clearer governance and accountability, as well as improved management information; and a reduction in the overall number of staff required to process medical/GP visit card applications, thus freeing up staff for other service needs. My Department has been in discussion with the HSE about putting in place a dedicated telephone number for Oireachtas members for enquiries about applications being processed by the PCRS. A letter has issued to all Oireachtas members today in this regard.

Tax Code. 402. Deputy Seán Sherlock asked the Minister for Health and Children the way a person may avail of the tax relief on health insurance for people aged over 50 years; and if she will make a statement on the matter. [1191/10]

Minister for Health and Children (Deputy Mary Harney): Standard tax relief on private health insurance is available to all health insurance policy holders at a rate of 20%. This tax relief is granted at source by the health insurer, meaning that there is no need for any policy holder to claim the relief — they need only supply their PPS number to their health insurer. In addition to the standard tax relief of 20% and in order to ensure that health insurance costs for older people remains affordable, the Government introduced additional age-related tax relief on private health insurance under the Health Insurance (Miscellaneous Provisions) Act 2009. The tax relief applies in respect of insured persons over the age of 50. There is no requirement for any insured person to apply for the additional tax relief, as again it is applied at source by the private health insurer. The health insurance market is community rated so that all persons pay the same net price for the same product, irrespective of age or health status. The levels of tax relief for 2010 have been set as follows:

Age Tax relief

€

50-59 200 60-69 525 70-79 975 80+ 1,250

The additional age-related tax relief is funded by a stamp duty levied on private health insurers in respect of every person they insure. The rates of the stamp duty/levy for health insurance 255 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.] contracts taken out or renewed in 2010 will be as follows: €185 in respect of each insured person aged 18 or over; €55 in respect of each insured person aged less than 18.

Health Services. 403. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [1198/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Services. 404. Deputy Seán Sherlock asked the Minister for Health and Children if a medical procedure in respect of a person (details supplied) in County Cork, which was scheduled and subsequently cancelled, could be rescheduled. [1204/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Pre-school Services. 405. Deputy Michael Noonan asked the Minister for Health and Children if an early childhood care and education scheme grant will be paid in respect of a child (details supplied); and if she will make a statement on the matter. [1233/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for the implementation of the Early Childhood Care and Education (ECCE) scheme which has just commenced. Children will qualify for the free pre-school year when they are aged between 3 years 3 months and 4 years 6 months at 1 September each year. The application of this age range is being interpreted as generously as possible to include children who are aged more than 3 years 2 months and less than 4 years 7 months at 1 September each year. This means that, in January 2010, children born on or after 2 February 2005 or on or before 30 June 2006 will qualify. Children born between 2 February 2006 and 30 June 2007 will be eligible for the free pre- school year in September 2010. I understand that the child referred to by the Deputy will qualify for the free pre-school year in September 2010, however, if his parents choose to send him to primary school at that time he will not be able to avail of the scheme. The majority of children participating in the scheme would be expected to commence primary school between the age of 4 years and 3 months and 5 years and 6 months. The age range for eligibility under the scheme is designed to allow parents the opportunity to take up the free school place at a time that is more suitable to them. It is also necessary to the objectives of the scheme that the free pre-school provision is delivered within a structure which supports the best delivery of pre-school education. This requires a reasonably consistent age range of children attending and it is considered that the age range is appropriate.

Medical Cards. 406. Deputy Michael McGrath asked the Minister for Health and Children if persons who have undergone an organ transplant operation are automatically entitled to a medical card. [1245/10]

256 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): At present, medical cards are granted primarily on the basis of means and individual circumstances. Under the Health Act, 2004, determination of eligibility for medical cards is the responsibility of the Health Service Executive. The HSE has discretion, in cases of exceptional need, to provide assistance to individuals where undue hardship would otherwise be caused. Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of general practitioner services. In 2005, the GP visit card was introduced as a graduated benefit so that people on lower incomes who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP. In June 2006, I agreed with the HSE to raise the assessment guidelines for GP visit cards and these are now 50% higher than those in respect of medical cards. For medical card and GP visit card applications, the HSE considers an applicant’s income after tax and PRSI are deducted, rather than total income. Allowances are also made for expenses on childcare, rent and mortgage costs and the cost of travel to work. I have no plans to provide for the granting of medical cards to any particular group as a whole.

407. Deputy Edward O’Keeffe asked the Minister for Health and Children if her attention has been drawn to the fact that a person (details supplied) in County Cork who applied for a medical card for the over 70s in June 2009 has not been informed to date of the outcome of their application; and if she will ascertain the position. [1246/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

408. Deputy Michael Ring asked the Minister for Health and Children if a medical card application can be processed in respect of a person (details supplied) in County Mayo in view of incorrect information supplied to the applicant. [1247/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Departmental Expenditure. 409. Deputy Richard Bruton asked the Minister for Health and Children the savings outlined in the report of the special group on public numbers and expenditure programmes which were accepted in budget 2010 for her Department in tabular form; the savings which will be achieved in 2010; and if she will make a statement on the matter. [1259/10]

Minister for Health and Children (Deputy Mary Harney): As part of the Estimates process, my Department and the Health Service Executive examined options which might provide expenditure savings during 2010, while to the greatest extent possible meeting the objective of maintaining population health and access to services. This process was informed by the recommendations of the Special Group on Public Service Numbers and Expenditure Prog- rammes and other relevant considerations. The very difficult financial position facing the Exchequer obviously requires very careful management across all areas of expenditure. The following table outlines savings identified for the Health Group Votes, many of which were included in the proposals submitted by the Special Group on Public Service Numbers and Expenditure Programmes.

257 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.] Health Group Budget 2010

€m

Vote 40 Reductions in payments to pharmaceutical manufacturers* 141.00 Increase in DPS threshold by €20* 27.00 Prescription Charges (50c per item)* /Full year saving of €25 m 15.00 Accelerate private income collection* 75.00 Revision to DTSS scheme 30.00 HSE economies* 106.00

Sub-total 394.00

Votes 39 & 41 Economies (Vote 39 & its agencies)* 3.50 National Childcare Investment Programme* 2.50

Sub-total 6.00

Overall saving 400.00

Official Engagements. 410. Deputy Denis Naughten asked the Minister for Health and Children if her Department or the Health Service Executive provides funding for a conference (details supplied); if she, her Ministers of State or officials attended this conference in an official capacity; and if she will make a statement on the matter. [1266/10]

Minister for Health and Children (Deputy Mary Harney): No funding was provided by my Department or by the Health Service Executive for the conference to which the Deputy refers. As the conference in question was dealing with matters relating to health service delivery for socially excluded groups, support was granted by my Department for the use of Dublin Castle Conferencing Centre facilities. I did not attend the meeting nor did any of my Ministers of State or Officials from my Department.

Nursing Homes Support Scheme. 411. Deputy Denis Naughten asked the Minister for Health and Children the number of persons approved in each primary, community and continuing care area under the fair deal scheme in December 2009; the number of persons already resident in a nursing home in each case; the number of applications pending in each PCCC; and if she will make a statement on the matter. [1268/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

General Medical Services Scheme. 412. Deputy Jan O’Sullivan asked the Minister for Health and Children if the acceptance of financial donations from general medical services patients constitutes a breach of contract; the steps she has taken to prevent such practices; and if she will make a statement on the matter. [1281/10] 258 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): It is taken that the Deputy’s question is referring to General Medical Services (GMS) provided by General Practitioners (GPs). Under the GMS contract, either capitation or fee-per-item, the GP undertakes to provide all proper and necessary treatment of a kind generally undertaken by a GP to these patients. The GMS contract, capitation or fee-per-item, contains a specific stipulation that the medical practitioner shall not demand or accept any payment or consideration for services provided under the contract. If the Health Service Executive is made aware of specific cases where GPs are accepting financial donations from GMS patients or where such patients are being inappropriately charged by GP contractors, it will arrange to have such cases investigated as appropriate.

Medical Cards. 413. Deputy Michael Creed asked the Minister for Health and Children when a decision will be made on a medical card application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [1300/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services. 414. Deputy Michael McGrath asked the Minister for Health and Children the number of outpatient appointments in the Health Service Executive south in 2009 in which the patient did not show up; if she will provide an estimate of the cost to the HSE of this non-attendance. [1316/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Health Services. 415. Deputy Michael McGrath asked the Minister for Health and Children the number of children in Cork city and county awaiting orthodontic treatment or awaiting assessment for orthodontic treatment; the expected waiting period for a child joining the list at the moment; the actions being taken by the Health Service Executive to reduce this list; and if she will make a statement on the matter. [1331/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Health Service Staff. 416. Deputy Michael McGrath asked the Minister for Health and Children the number of community welfare officers working in the area of the Health Service Executive south in County Cork broken down by each location. [1332/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Services. 417. Deputy Michael McGrath asked the Minister for Health and Children the position

259 Questions — 19 January 2010. Written Answers

[Deputy Michael McGrath.] regarding her plans to develop a primary care centre in a town (details supplied) in County Cork. [1337/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Services for People with Disabilities. 418. Deputy Michael McGrath asked the Minister for Health and Children the number of children and adolescents awaiting intervention services by a service provider (details supplied) in County Cork; and the expected waiting time for services for a child or adolescents joining the list at the moment. [1339/10]

Hospital Services. 419. Deputy Arthur Morgan asked the Minister for Health and Children when a person (details supplied) in County Louth will receive treatment; the reason Beaumont Hospital, Dublin, or its consultant has not been in touch with this patient for more than six months; if, or when, it is proposed to commence treatment; and if she will make a statement on the matter. [1389/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Health Services. 420. Deputy Charles Flanagan asked the Minister for Health and Children her plans for the provision of adequate services in County Laois for persons suffering domestic violence, with particular reference to the provision of a refuge for women in County Laois; and if she will make a statement on the matter. [1390/10]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

Vaccination Programme. 421. Deputy Denis Naughten asked the Minister for Health and Children the steps she will take on foot of the recommendations of the vaccine damage steering group; and if she will make a statement on the matter. [1393/10]

Minister for Health and Children (Deputy Mary Harney): My Department is currently examining the recommendations of the Vaccine Damage Steering Group in detail and expects to have proposals for my consideration by mid-year.

Hospitals Building Programme. 422. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 63 of 2 July 2009, the position regarding the construction of this project. [1395/10]

260 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): A new ward block to replace existing accommodation is being developed at St Vincent’s University Hospital, the national tertiary centre for the treatment of adults with cystic fibrosis which currently treats 50% of patients with the condition. This facility will provide single room en-suite inpatient accommodation (100 rooms) and a dedicated day unit for people with CF, including 10 single day treatment rooms with en-suite sanitary facilities. My Department has asked the HSE to provide a current update on the status of the project directly to the Deputy.

Health Services. 423. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 62 of 2 July 2009, the position regarding the implementation of the report of the universal neonatal hearing screening group in 2010; and if she will make a statement on the matter. [1397/10]

Minister for Health and Children (Deputy Mary Harney): I expect that this issue will be dealt with in the context of the Health Service Executive National Service Plan for 2010.

Hospital Staff. 424. Deputy Jan O’Sullivan asked the Minister for Health and Children when the necessary supports will be provided in order that a consultant neurologist (details supplied) can provide the full service to their patients in Limerick including the administration of drugs; and if she will make a statement on the matter. [1426/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Question No. 425 answered with Question No. 401.

Health Service Allowances. 426. Deputy Bernard J. Durkan asked the Minister for Health and Children if mobility allowance will be reinstated in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [1437/10]

Medical Cards. 427. Deputy Bernard J. Durkan asked the Minister for Health and Children if and when a medical card application will be renewed in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1438/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

428. Deputy Bernard J. Durkan asked the Minister for Health and Children when an appeal will be heard on an application for a full medical card in the case of persons (details supplied) in County Dublin; and if she will make a statement on the matter. [1439/10]

261 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

429. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [1440/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Care of the Elderly. 430. Deputy Bernard J. Durkan asked the Minister for Health and Children if home help hours allocated to a person (details supplied) in County Kildare will be upheld and continue for 2010; and if she will make a statement on the matter. [1441/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards. 431. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1442/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Services for People with Disabilities. 432. Deputy Bernard J. Durkan asked the Minister for Health and Children the action taken following an assessment by the Health Service Executive through Beechpark Services in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1443/10]

Medical Cards. 433. Deputy Pat Breen asked the Minister for Health and Children the number of persons over 70 years in receipt of medical cards in County Clare as of the 31 December 2009; and if she will make a statement on the matter. [1461/10]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has the operational and funding responsibility for the medical card and GP visit card benefits. It collates medical card and GP visit card data by county, age and gender. Therefore, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Service Staff. 434. Deputy Eamon Gilmore asked the Minister for Health and Children the position between the Health Service Executive and the health unions regarding the incentivised early

262 Questions — 19 January 2010. Written Answers retirement scheme; if she has met the parties concerned; the action she is proposing to deal with this matter; and if she will make a statement on the matter. [1472/10]

Minister for Health and Children (Deputy Mary Harney): In his Supplementary Budget Statement of 7 April 2009, the Minister for Finance announced that he would make available three schemes to reduce the number of public sector employees in the wider public sector, one of which was the Incentivised Scheme for Early Retirement. My Department issued a circular (8/2009) on 15 May 2009 to give effect to this measure in HSE and other public health sector employment. The closing date for receipt of applications for this scheme was 23rd October, 2009. The scheme did not apply to grades exempted from the moratorium on recruitment and promotions under the 2009 Employment Control Framework for the Public Health Sector, in order to meet the requirements of integrated health care delivery and, in particular, to address needs in the community in respect of care of the elderly and people with disabilities. Members of all other grades who meet the eligibility criteria had access to this scheme provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of this scheme while still protecting services. Because staff who avail of the scheme will not be replaced (save in very exceptional cases), employers were required to pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard was essential. My Department was informed that the health service trade unions issued a directive instructing their members not to cooperate with redeployment and reassignment requests from management. The unions have stated their opposition to the moratorium on recruitment and promotions as set out in 2009 Employment Control Framework for the Public Health Sector, referred to above. This instruction from the unions, which remains in place, severely restricts the ability of management to organise/restructure work practice and contra- venes the qualification criteria for the scheme. As a result, the HSE suspended all three schemes in June but continued to accept applications, up to the closing date of 23 October 2009. The HSE recently requested my Department’s approval to lift the suspension as it applied to the ISER, and to allow it to proceed to process to finalisation applications received prior to the closing date. This request is currently being considered by my Department in consultation with the Department of Finance.

Medical Cards. 435. Deputy Michael Creed asked the Minister for Health and Children if she will look favourably on a medical card appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [1474/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Care of the Elderly. 436. Deputy Chris Andrews asked the Minister for Health and Children the number of beds in Dublin south designated for older persons; the locations of these beds; the average waiting time to access one of these beds; if the average time increased or decreased during the period 2005-2009; and the plans there are to expand the number of beds available. [1482/10]

263 Questions — 19 January 2010. Written Answers

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Pre-school Services. 437. Deputy Richard Bruton asked the Minister for Health and Children the number of pre- school establishments that are participating in the new pre-school scheme which commenced in January 2010; the number of pupils who are expected to participate in this scheme; the number of places available on this scheme; and if she will make a statement on the matter. [1486/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for the implementation of the new free Pre-School Year in Early Childhood Care and Education (ECCE) scheme. Approximately 4,000 pre-school services are participating in the ECCE scheme, with an indicated capacity of some 90,000 pre-school year places. The scheme is open to children aged between 3 years 3 months and 4 years 6 months at 1 September each year. This means that the potential number of children who can avail of the scheme is greater than that represented by a one year cohort. It is estimated that, in January 2010, a one year cohort would total some 63,000 children. Assuming this as a baseline for participation in the scheme from January 2010, and assuming that there is a significantly high uptake of the scheme from the outset, I would hope to see an enrolment figure of up to 50,000 children. Services participating in the scheme are currently in the process of making a return to my Office giving details of the number of qualifying children enrolled in their services. This process will be concluded at the end of this month following which full details of the number of children enrolled in the scheme will be available from my Office.

Ethics in Public Office. 438. Deputy Fergus O’Dowd asked the Minister for Health and Children the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if she will make a statement on the matter. [1513/10]

Minister for Health and Children (Deputy Mary Harney): The Deputy will be aware that under the Ethics in Public Office Act, 1995, any gift with a value in excess of €650 must be surrendered to the State and the details of same submitted as registrable interests to the Stan- dards in Public Office Commission. The relevant statements of registrable interests are submitted by me as required to the Commission and can be viewed on the Oireachtas website. Gifts under the value of €650 that have been given to me have, by and large, been small items presented by visiting Ambassadors of other countries, such as books, ornaments, small craft or artwork illustrating their national heritage. Items from other sources include books relating to the heritage of particular hospitals or healthcare providers in Ireland, and small samples of products from domestic companies. Wherever possible and appropriate, I allocate such items for use in the Department of Health and Children, as I consider these gifts to have been given in my capacity as Minister, and not my personal capacity. The Department has recorded one gift under the value of €650, which accrued directly to the benefit of the Exchequer. I attended the 3rd International Cancer Control Congress as a guest speaker, from November 07 — 10, 2009 in Cernobbio, Como, Italy. On this occasion, four nights accommodation at a cost of €600 in total was paid for by International Conference

264 Questions — 19 January 2010. Written Answers

Services Ltd., Vancouver, Canada. Since I was invited and attended in my official capacity, the cost otherwise would have been met by the Exchequer.

Health Services. 439. Deputy Mary Upton asked the Minister for Health and Children when a person (details supplied) in Dublin 12 will be provided with their necessary treatment; and if she will make a statement on the matter. [1519/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Services. 440. Deputy Billy Timmins asked the Minister for Health and Children further to Parliamen- tary Question No. 199 of 10 November 2009, the position regarding Baltinglass Hospital, County Wicklow (details supplied); and if she will make a statement on the matter. [1531/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards. 441. Deputy Edward O’Keeffe asked the Minister for Health and Children the reason for the delay in finalising an application for renewal of a medical card for a person (details supplied) in County Cork; her views on the delays being incurred in processing the over 70 years medical card applications. [1537/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Disabled Drivers. 442. Deputy Seymour Crawford asked the Minister for Health and Children when persons who are in need of disabled drivers or passengers primary certificates will be evaluated or assessed by the Health Service Executive especially in the Cavan and Monaghan area; her views on whether an 18-month waiting list for such a vital certificate for a person who is handicapped in unfair; and if she will make a statement on the matter. [1542/10]

Departmental Properties. 443. Deputy Leo Varadkar asked the Minister for Health and Children the amount of money spent by the Health Service Executive for the leasing of properties in 2009; and if she will make a statement on the matter. [1595/10]

Minister for Health and Children (Deputy Mary Harney): Arrangements, in relation to the leasing of premises and the related costs, are a service matter. Therefore, the question has been referred to the Health Service Executive for direct reply.

Hospital Charges. 444. Deputy Leo Varadkar asked the Minister for Health and Children the charges set by her

265 Questions — 19 January 2010. Written Answers

[Deputy Leo Varadkar.] in respect of inpatient and outpatient hospital care and for visiting an accident and emergency department; if these charges have changed during the course of 2007, 2008 and 2009; the revenue accruing from such charges in 2009; the anticipated income in 2010; and if she will make a statement on the matter. [1599/10]

Minister for Health and Children (Deputy Mary Harney): The following table contains the information on any changes made to in-patient and accident and emergency charges since 2007. In each case these changes were announced on Budget Day and took effect from the 1st of January of the following year. There is no charge for out-patient services. Information on income collected in relation to these charges is not collected by my Department. The public voluntary hospitals would collect a significant proportion of the hospital charges, but this is not accounted for through Appropriations-in-Aid; rather, the hospitals are funded by the HSE on a net expenditure basis. I have asked the HSE to compile this information and reply directly to the Deputy.

Statutory in-patient and outpatient (A&E) charges

2007 2008 2009

€€€ A&E 60 66 100 Statutory in-patient charge per day 60 66 75 Maximum in 12 consecutive months 600 660 750

Services for People with Disabilities. 445. Deputy Joe McHugh asked the Minister for Health and Children if front-line services for persons who live with multiple sclerosis will be retained; her plans for multiple sclerosis services in the north west in 2010; and if she will make a statement on the matter. [1603/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

National Drugs Strategy. 446. Deputy Brian O’Shea asked the Minister for Health and Children the substances that have been added to the list of scheduled substances under the Misuse of Drugs Act 1977 on the basis of evidence that these substances were being abused or were causing significant harm to the public health in each of the past three years; and if she will make a statement on the matter. [1612/10]

447. Deputy Brian O’Shea asked the Minister for Health and Children the proposals she has to ban the so-called “head shops” (details supplied); and if she will make a statement on the matter. [1613/10]

Minister for Health and Children (Deputy Mary Harney): The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland’s obligations under international conventions and/or where there is evidence that the substances are causing significant harm to public health in Ireland. Items available for sale in so-called ‘head shops’ often referred to as ‘legal highs’ are in general substances which are not currently controlled under the Misuse of Drugs legislation. The list of scheduled substances is kept under ongoing review. For example, in 2006 psychotropic (‘magic’) mushrooms, which were on sale in such outlets, were banned and their possession and sale is now illegal. On 31 March 2009, BZP was similarly subjected to legislative control measures and criminal sanctions. Minister John Curran, Minister of State at the Department of Community, Rural and Gael- tacht Affairs, who has responsibility for co-ordinating the National Drugs Strategy, has identified head shops as an area of concern, and is currently considering the options available to more effectively control the activities of head shops. Under the National Advisory Committee on Drugs, a Research Advisory Group has been established to identify possible options for the regulation of head shops. The Department of Health and Children is actively participating in this process. In the UK, legislation was introduced immediately before Christmas to control a number of substances and groups of substances that have been on sale in head shops. The Department is currently reviewing this legislation to ascertain how similar controls could be introduced in Ireland.

Vaccination Programme. 448. Deputy Bernard J. Durkan asked the Minister for Health and Children if alternative facilities in Naas, County Kildare will be arranged in respect of the provision of swine flu vaccination in view of the fact that the current facilities may not be accessible for many persons who may be elderly and have no transport or who have special needs; and if she will make a statement on the matter. [1771/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards. 449. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1772/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

450. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1773/10]

267 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

451. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1774/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

452. Deputy John McGuinness asked the Minister for Health and Children if a full medical card will be issued to a person (details supplied) in County Kilkenny. [1816/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

453. Deputy John McGuinness asked the Minister for Health and Children if an application for a medical card will be reviewed in respect of a person (details supplied) in County Kilkenny. [1818/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services. 454. Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford has to wait for a year for back surgery; and if she will make a statement on the matter. [1842/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Hospital Waiting Lists. 455. Deputy Michael Ring asked the Minister for Health and Children the number of persons on a waiting list (details supplied); the number of persons waiting nationally to avail of such services. [1881/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

456. Deputy Jimmy Devins asked the Minister for Health and Children when a person (details supplied) in County Sligo will be called to Beaumont Hospital, Dublin 9 for an appointment. [1921/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards. 457. Deputy Michael Ring asked the Minister for Health and Children the position regarding a medical card application in respect of a person (details supplied) in County Mayo; if a decision will be expedited. [1962/10]

268 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services. 458. Deputy Michael Ring asked the Minister for Health and Children if she will ensure that medical cover is retained in a hospital (details supplied). [1966/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards. 459. Deputy Michael Ring asked the Minister for Health and Children the position regarding a medical card application in respect of a person (details supplied) in County Mayo; if a decision will be expedited. [1967/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Care of the Elderly. 460. Deputy Seán Fleming asked the Minister for Health and Children if the maximum care package will be provided to a person (details supplied) in County Laois; and if she will make a statement on the matter. [2018/10]

Nursing Homes Repayment Scheme. 461. Deputy Eamon Scanlon asked the Minister for Health and Children when an application under the health repayment scheme will be awarded in respect of a person (details supplied) in County Leitrim; and if she will make a statement on the matter. [2019/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Hospitals Building Programme. 462. Deputy Joe McHugh asked the Minister for Health and Children when construction work will begin on a project (details supplied) in County Donegal; the plans that have been put in place for this project; when construction work on the project will be completed; and if she will make a statement on the matter. [2021/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Hospital Services. 463. Deputy Pat Breen asked the Minister for Health and Children if her attention has been drawn to a situation at the Mid-West Regional Hospital in Limerick; if her attention has further been drawn to the fact that nurses are working to rule at the hospital and the accident and emergency and hospital wards are experiencing overcrowding; her plans to provide additional services at the hospital; and if she will make a statement on the matter. [2053/10]

269 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

464. Deputy Pat Breen asked the Minister for Health and Children when CAT scanning services will be restored at Ennis General Hospital, County Clare; and if she will make a statement on the matter. [2054/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Procedures. 465. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 121 of 26 November 2009, when a reply will issue from the Health Service Executive. [2155/10]

Minister for Health and Children (Deputy Mary Harney): It is my understanding that the HSE has not, as yet, issued a response to the Deputy but will do so shortly.

Child Care Services. 466. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 250 of 20 October 2009, when a reply will issue from the Health Service Executive. [2156/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

Hospital Staff. 467. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 383 of 16 September 2009, when a reply will issue from the Health Service Executive. [2157/10]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has advised my Department that a reply to this parliamentary question issued to the Deputy on 16 December 2009.

Departmental Reports. 468. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question Nos. 357 of 16 September 2009 and 158 of 1 December 2009, if the meeting referred to between her Department and the Health Service Executive took place as scheduled on 14 December 2009; and the outcome of the discussions regarding the non- implementation of the recommendations of the 2004 Equality Authority Access to Health Services for Transsexual People Report. [2158/10]

Minister for Health and Children (Deputy Mary Harney): The meeting referred to has been deferred until February, and the Deputy will be advised of the outcome after it has taken place.

469. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the position regarding her promised reply to a Parliamentary Question No. 358 dated 16 September 2009. [2159/10]

270 Questions — 19 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): My Department is still gathering information in relation to the Deputy’s question and I am hopeful that a full response will be finalised shortly.

Hospital Services. 470. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 181 of 4 November 2009, when a reply will issue from the Health Service Executive. [2160/10]

Minister for Health and Children (Deputy Mary Harney): The HSE has informed my Depart- ment that it has issued a reply in the matter to the Deputy.

Departmental Staff. 471. Deputy Denis Naughten asked the Minister for Health and Children the number of staff in her Department, broken down by division and section, annually since 2007 to date in 2010; and if she will make a statement on the matter. [2171/10]

Minister for Health and Children (Deputy Mary Harney): The information requested by the Deputy is set out below.

Number of Staff (Wholetime Equivalents)

Division Unit 2007 2008 2009

Ministers Minister 17.00 15.00 11.00 Minister of State Devins 10.00 0.00 0.00 Minister of State Gallagher 11.00 0.00 0.00 Minister of State Smith 11.90 0.00 0.00 Minister of State Hoctor 10.50 10.50 0.00 Minister of State Moloney 0.00 9.80 9.80 Minister of State Wallace 0.00 13.00 0.00 Minister of State Andrews 0.00 9.60 8.6 Minister of State Brady 0.00 0.00 10.00

TOTAL 60.40 57.90 39.40

Secretary General’s Office Secretary General’s Office (inc. 4.00 4.00 3.00 Sec Gen) Mac Support/Misc 3.50 4.00 2.00 Office of the Chief Medical Officer CMO’s Office 6.60 5.40 6.60

Acute Hospitals & Associated Assistant Secretary 1.00 1.00 1.00 Services Cancer 3.80 2.80 4.30 Acute Hospitals I 6.60 6.60 6.60 Acute Hospitals II 7.60 7.60 7.60 Blood Policy 7.00 6.40 4.60

TOTAL 26.00 24.40 24.10

271 Questions — 19 January 2010. Written Answers

[Deputy Mary Harney.] Division Unit 2007 2008 2009

Office of the Minister for Director General 1.00 1.00 1.00 Children & Youth Affairs Child Welfare & Protection 13.80 13.80 11.10 National Children’s Strategy Unit 20.20 22.50 21.20 Childcare Programmes 19.30 18.20 17.60 Youth Affairs Unit 0.00 0.00 9.00

TOTAL 54.30 55.50 59.90

Office for Disability & Mental Director 1.00 1.00 1.00 Health Disability 16.30 17.80 15.90 Mental Health 9.60 8.60 7.40

TOTAL 26.90 27.40 24.30

Office for Older People Director 1.00 1.00 1.00 Services for Older People 15.60 15.10 14.53 Long Stay Charges Unit 9.80 8.80 9.60 Strategy Unit 0.00 1.40 6.00

TOTAL 26.40 26.30 31.13

Primary Care & Social Inclusion Assistant Secretary 1.00 1.00 1.00 Primary Care I 9.80 7.80 6.80 Primary Care II 4.50 6.50 6.00 Social Inclusion 11.50 10.00 8.90 Health Promotion 10.40 8.73 6.43 Food & Medicines 21.70 21.60 20.45 Public Health 11.30 10.50 13.00

TOTAL 70.20 66.13 62.58

Finance, Information & Policy Assistant Secretary 1.00 1.00 1.00 Finance I 23.60 22.00 22.20 Finance II 4.50 4.50 3.50 Information Management Unit 11.73 11.73 7.00 Performance Evaluation (Policy 4.00 5.00 6.20 Support) Research, EU & International 7.80 7.30 7.90

TOTAL 52.63 51.53 47.80

Eligibility & Public Health Assistant Secretary 1.00 1.00 1.00 Eligibility Review 4.50 4.50 3.00 Patient Safety & Quality 4.00 4.60 5.60 Assurance Public/Private Healthcare & 6.60 6.60 4.80 Insurance

TOTAL 16.10 16.70 14.40

272 Questions — 19 January 2010. Written Answers

Division Unit 2007 2008 2009

Parliamentary & Corporate Affairs Assistant Secretary 1.00 1.00 1.00 Corporate Services & 22.60 21.10 16.86 Development (inc. Press Office) Human Resources 14.50 14.50 13.80 ICT & Records Management 21.81 22.76 19.83 Legal Unit 5.30 6.13 6.53 Legislation Unit 4.40 3.60 0.00 Parliamentary Affairs 8.50 8.50 8.00 Internal Audit 3.00 3.00 3.00 Portering Services 8.00 10.00 8.00

TOTAL 91.26 90.59 77.02

National HR & Workforce Assistant Secretary 1.00 1.00 1.00 Planning National HR & Workforce 0.00 0.00 13.10 Planning 1 National HR & Workforce 0.00 0.00 7.5 Planning 11 Medical & Dental 10.30 9.40 7.90 Health Reform 4.60 8.40 0.00 Nursing 14.30 13.30 0.00 Professional Management & 18.50 12.70 12.90 Support

TOTAL 48.70 44.80 42.40

Other Offices Adoption Board 29.05 31.85 31.25 Health Repayment Scheme 4.00 6.00 7.00 Office of the Disability Appeals 5.00 4.00 4.00 Officer Ombudsman for Children 10.00 10.00 9.00 General Registrar’s Office 57.43 0.00 0.00

OVERALL TOTAL 590.32 526.50 485.88 Note: • Over the period concerned internal reorganisation led to the creation of some new units and the merging of others. • An additional 24.17 WTEs transferred into my Department during 2009 as a result of the transfer of youth affairs responsibilities from the Department of Education and Science, other functions from the Department of Community, Rural and Gaeltacht Affairs and the dissolution of the National Council on Aging and Older People and the Women’s Health Council under the rationalisation of agencies programme.

Medical Cards. 472. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2200/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Services for People with Disabilities. 473. Deputy David Stanton asked the Minister for Health and Children the number of appli- 273 Questions — 19 January 2010. Written Answers

[Deputy David Stanton.] cations for an assessment of need that have been received each year respectively following the commencement of Part 2 of the Disability Act, 2005 for children under five years; the number of same which have been carried out to date; the number carried out each year; the number of service statements issued following assessments; and if she will make a statement on the matter. [2208/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters, I have arranged for the question to be referred to the Health Service Executive for direct reply.

474. Deputy David Stanton asked the Minister for Health and Children the number of assessment and liaison officers appointed to carry out functions under Part 2 of the Disability Act 2005; the locations of same; and if she will make a statement on the matter. [2209/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Health Service Executive has appointed 32 Assessment Officers and 32 Liaison Officers to carry out functions under the Disability Act 2005. These officers were appointed in each local health office. Contact details for assessment Officers are available on the Health Service Execu- tive website at: http://www.hse.ie/eng/services/Find—a—Service/Disability—Services/ Disability—Assessment/Assessment—Officers.html

475. Deputy David Stanton asked the Minister for Health and Children the average amount of time from when an application is received it is taking to complete an assessment under Part 2 of the Disability Act 2005; if all assessments are commenced within three months; the average amount of time it takes to issue a service statement from when an application is received; if timescales vary in different Health Service Executive areas; and if she will make a statement on the matter. [2210/10]

476. Deputy David Stanton asked the Minister for Health and Children if a register of unmet need to identify demand for and availability of disability and health related services has been established as per obligations under the Disability Act 2005; the person who is compiling same; and if she will make a statement on the matter. [2211/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): Section 13 of the Disability Act 2005 places an obligation on the HSE to keep and maintain records for the purposes of: identifying persons to whom assessments or services are being provided; identifying those services and the persons providing the services; specifying the aggregate needs identified in assessment reports which have not been included in service statements; specifying the numbers of applications made under section 9 of the Act and the numbers of assessments completed; specifying the number of persons to whom services identified in assessment reports have not been provided; and planning the provision of assessments and services to persons with disabilities. A system has been established in the HSE for maintaining the records required under section 13 of the Act. Section 13 of the Act also obliges the HSE to submit a report in writing to the Minister in relation to the aggregate needs identified in assessment reports prepared including an indication of the periods of time ideally required for the provision of the services, the sequence of

274 Questions — 19 January 2010. Written Answers such provision and an estimate of the cost of such provision. The HSE is also obliged to publish this report annually. While the requirement in section 13(2) is to report on the aggregate needs identified in assessment reports, my Department is of the view that it would also be useful to report on needs which have not been met. The HSE has agreed to my request that this information is included in the annual reports. The first annual report under section 13, covering information on 72 assessments completed in 2007, was submitted to the Minister for Equality, Disability and Mental Health in February 2009. The report is available on the HSE website at: http://www.hse.ie/eng/services/Publications/services/Disability/DisabilityActjundec2007.html A number of issues, particularly in relation to how record keeping arrangements work for young children, have become apparent since the HSE began working on the 2008 Report. The Act has only been commenced for children under 5 and in the case of these young children, a particular challenge for clinicians assessing such young children is in determining, in advance of providing a service, what quantum of services may be appropriate and necessary for the child in order to fully meet the needs identified in the Assessment Report and then reflecting the shortfall in an identification of unmet need. A particular difficulty for HSE arises because the obligation is to report on aggregate need. In the case of any individual child, every clinician involved in the assessment process and service delivery could be asked to try and work out the ideal service provision for that child. This process is very time-consuming and not necessarily particularly scientific as individual children can and do react differently to intervention. If this process was extended to every child, clearly this would be overly bureaucratic and unnecessarily burdensome on the administration of the Act. My Department is of the view that an intensive process such as this in relation to each individual child would divert the attention of clinicians away from service intervention and in to administrative duties with no beneficial outcomes for children with disabilities. My Department and the HSE are currently in discussions in order to identify the most suitable information gathering arrangements to meet the needs of individual children defined in terms of desired outcomes, to meet the administrative obligations imposed by the Act and also to ensure that reliable service planning data may also be collected.

477. Deputy David Stanton asked the Minister for Health and Children the number of children aged under five years from whom assessment of need applications have been received since 1 June 2007 to date in 2010; the number of same who were assessed as having an autism spectrum disorder; and if she will make a statement on the matter. [2212/10]

478. Deputy David Stanton asked the Minister for Health and Children further to Parliamen- tary Question No. 355 of 22 April 2009, if the national review of autism services has been completed; when she will publish same; the findings of the review; and if she will make a statement on the matter. [2213/10]

275 Questions — 19 January 2010. Written Answers

Mental Health Services. 479. Deputy David Stanton asked the Minister for Health and Children if all beds in the eight bed in-patient facility for child and adolescent psychiatric patients in St Stephen’s, Cork, are operational and occupied at present; if there is a waiting list for in-patient services at this hospital; and if she will make a statement on the matter. [2214/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

480. Deputy David Stanton asked the Minister for Health and Children when she expects the new 20 bed in patient unit in Bessboro, Cork, for child and adolescent psychiatric patients to be operational; and if she will make a statement on the matter. [2215/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

481. Deputy David Stanton asked the Minister for Health and Children the number and location of child and adolescent beds in the mental health service; the number of children and adolescents currently on waiting lists for admission; the numbers waiting in each Health Service Executive area; and if she will make a statement on the matter. [2216/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

482. Deputy David Stanton asked the Minister for Health and Children the number of children and adolescents currently awaiting psychiatric assessment in each Health Service Execu- tive area; the number of same who are aged 16 to 18 years; the number of children and adolescents currently awaiting mental health services following assessments; the types of services required; the average waiting time for these services in each Health Service Executive area; and if she will make a statement on the matter. [2217/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

483. Deputy David Stanton asked the Minister for Health and Children the number of children registered with each child and adolescent mental health service; the number receiving services from each child and adolescent mental health teams; the location at which they are receiving treatment; and if she will make a statement on the matter. [2218/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

484. Deputy David Stanton asked the Minister for Health and Children the number, location and composition of child and adolescent mental health teams here; when she expects to reach the target number of teams as per commitments in A Vision for Change; and if she will make a statement on the matter. [2219/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

485. Deputy David Stanton asked the Minister for Health and Children the role of child and adolescent mental health services in assessing children with autism; if the group established by

276 Questions — 19 January 2010. Written Answers the Health Service Executive to clarify the role of these services in relation to assessment and treatment of children with suspected autism has completed its work; if they have issued advice or instruction to child and adult mental health services as a result; and if she will make a statement on the matter. [2220/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

486. Deputy David Stanton asked the Minister for Health and Children the number of referrals received by child and adult mental health services for children with suspected autism in 2007, 2008 and 2009 respectively; the number of same each year which were considered appropriate and seen for assessment and or treatment; the number of same which were considered inappropriate and did not receive assessments and or treatment; the number of these which were referred to another service as a result; and if she will make a statement on the matter. [2221/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

487. Deputy David Stanton asked the Minister for Health and Children the number of children and adolescents admitted to and receiving treatment in adult psychiatric facilities; the number of same who are aged 16 to 18 years; and if she will make a statement on the matter. [2222/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

488. Deputy David Stanton asked the Minister for Health and Children the steps she and the Health Service Executive are taking to ensure that by 1 December 2011 no child under 18 years will be admitted to an adult psychiatric unit in line with the addendum to the Mental Health Commission code of practice relating to the admission of children under the Mental Health Act 2001; and if she will make a statement on the matter. [2223/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): A Vision for Change- the Report of the Expert Group on Mental Health Policy which was published in 2006 and will be implemented over a 7 to 10 year period, recommends that Child and Adolescent Mental Health Services (CAMHS) should be provided for all children up to the age of 18; traditionally CAMHS were provided up to the age of 16 years. The development of mental health services for children and young people is therefore a priority area for development and during 2009, the HSE established additional CAMHS teams and almost doubled its mental health bed capacity for children and adolescents, bringing the total number of in-patient beds to 30. In addition, two 20 bedded units are currently under construction at Bessboro, Cork and Merlin Park, Galway. Further inpatient capacity will be provided, as necessary, in the context of the HSE Mental Health Capital Programme. Budget 2010 provided for a multi-annual programme of capital investment in high priority mental health projects consistent with ‘A Vision for Change’ to be funded from future disposals. In 2010, the HSE may proceed to dispose of surplus assets and reinvest an initial sum of €43m in the Mental Health Capital Programme. Provision for continued funding of the programme will be made in the 2011 Estimates and subsequent years, in the light of the previous year’s programme of asset sales.

277 Questions — 19 January 2010. Written Answers

Health Services. 489. Deputy David Stanton asked the Minister for Health and Children the number of children aged 5 to 18 years awaiting speech therapy services in each Health Service Executive area; the shortest, longest and average waiting times for such services in each HSE area; and if she will make a statement on the matter. [2224/10]

Mental Health Services. 490. Deputy David Stanton asked the Minister for Health and Children the number of children aged 5 to 18 years awaiting child psychology services in each Health Service Executive area; the shortest, longest and average waiting times for such services in each HSE area; and if she will make a statement on the matter. [2225/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Health Services. 491. Deputy David Stanton asked the Minister for Health and Children the number of children aged 5 to 18 years awaiting occupational therapy services in each Health Service Executive area; the shortest, longest and average waiting times for such services in each HSE area. [2226/10]

492. Deputy David Stanton asked the Minister for Health and Children the number of children aged 5 to 18 years awaiting physiotherapy services in each Health Service Executive area; the shortest, longest and average waiting times for such services in each HSE area; and if she will make a statement on the matter. [2227/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 491 and 492 together. As the Deputy’s questions relate to service matters I have arranged for the questions to be referred to the Health Service Executive for direct reply to the Deputy.

Landing Rights. 493. Deputy Michael D. Higgins asked the Minister for Transport if all military and other aircraft operated by external State authorities file flight plans when overflying or landing here; and if there are conditions or limitations on the submission of those flight plans. [48576/09]

Minister for Transport (Deputy Noel Dempsey): The matter of flight plans is a function of the Irish Aviation Authority (IAA). The IAA, which is responsible for air traffic control in this country, has informed my Department that a flight plan must be filed for all civil and military flights across international borders. The procedures for flight planning are laid down in the Integrated Aeronautical Information Publication (IAIP) and are in accordance with international standards. Full details are available on the IAA website www.iaa.ie Foreign military aircraft may only land in or overfly Irish territory with the permission of the Minister for Foreign Affairs.

278 Questions — 19 January 2010. Written Answers

Road Network. 494. Deputy Pat Breen asked the Minister for Transport if he will review the allocation for funding available to local authorities for county and local roads, in view of the recent freeze and the deterioration in the road surfaces as a result of same; and if he will make a statement on the matter. [1282/10]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act 1993. The carrying out of works on these roads is a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. When Exchequer grants for regional and local roads are allocated each year, my Department does not hold back a reserve allocation, at central level, to deal with weather contingencies. Holding back such an allocation would mean a reduction in the road grant allocations made to all local authorities at the beginning of each year. The amount of money provided in the 2010 Estimates for funding regional and local roads is €411.177 million and this year’s allocation will be based on that amount. The allocations made to local authorities are inclusive of a weather risk factor. Local authorities are expressly advised in the annual road grants circular letter that they should set aside contingency sums from their overall regional and local roads resources to finance necessary weather related works. My Department provides a supplement each year to local authorities to assist them with the construction and maintenance of regional and local roads. The salting or gritting of roads may be charged to the Discretionary Maintenance Grant in County Council areas and to the Discretionary Block Grant in Town Council areas. I have, however, asked local authorities to provide details of exceptional road related costs associated with the recent flooding and prolonged severe weather, which fall outside the normal financial provision for winter maintenance. I will announce the 2010 regional and local road grant allocations by mid February 2010 at the latest.

495. Deputy Joe Carey asked the Minister for Transport his plans to provide additional funding during 2010 for the repair and maintenance of non-national roads following the recent bad weather; and if he will make a statement on the matter. [1847/10]

519. Deputy Joe Carey asked the Minister for Transport his plans for increased funding of the repair of non-national roads for 2010 following the recent weather; and if he will make a statement on the matter. [1839/10]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 495 and 519 together. The improvement and maintenance of regional and local roads is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act 1993. The carrying out of works on these roads is a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority.

279 Questions — 19 January 2010. Written Answers

[Deputy Noel Dempsey.]

When Exchequer grants for regional and local roads are allocated each year, my Department does not hold back a reserve allocation, at central level, to deal with weather contingencies. Holding back such an allocation would mean a reduction in the road grant allocations made to all local authorities at the beginning of each year. The allocations made to local authorities are inclusive of a weather risk factor. Local authorities are expressly advised in the annual road grants circular letter that they should set aside contingency sums from their overall regional and local roads resources to finance necessary weather related works. My Department provides a supplement each year to local authorities to assist them with the construction and maintenance of regional and local roads. The amount of money provided in the 2010 Estimates for funding regional and local roads is €411.177 million and this year’s allocation will be based on that amount. I have, however, asked local authorities to provide details of exceptional road related costs associated with the recent flooding and prolonged severe weather, which fall outside the normal financial provision for winter maintenance. I will announce the 2010 regional and local road grant allocations by mid February 2010 at the latest.

Departmental Staff. 496. Deputy George Lee asked the Minister for Transport the number of civil service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48320/09]

Minister for Transport (Deputy Noel Dempsey): There are 517.78 whole time equivalent staff in my Department. Information in relation to individual qualifications, where provided by the staff concerned, is held on their personnel file. Records of the overall numbers of particular qualification are not kept centrally.

Driving Licences. 497. Deputy Thomas P. Broughan asked the Minister for Transport his plans to work with the United States authorities to apply mutual recognition to full drivers licences between our respective States; and if he will make a statement on the matter. [48347/09]

Minister for Transport (Deputy Noel Dempsey): Irish driver licence rules operate within the framework of an EU wide licensing system. The criteria used by Ireland to recognise licences from countries outside the EU including the United States are the testing and licensing regimes in place in those countries, and whether they meet the requirements of the EU Directive on driver licences. Driver testing and licensing in the United States vary between different states and not all of the states meet the EU requirements. In these circumstances driving licences issued in the United States are not considered as acceptable for mutual recognition in Ireland and there are currently no plans to amend this.

Taxi Regulation. 498. Deputy Martin Ferris asked the Minister for Transport if his attention has been drawn to the High Court judgments of 1978 (details supplied); his views on their relevance to the issue of taxi deregulation; and if he will arrange to have a copy of the judgment made available. [48430/09]

280 Questions — 19 January 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): I am aware of High Court and Supreme Court judgments relating to the cases in question and I will arrange to have a copy of the judgments provided to the Deputy. There are many factors relevant to the issue of taxi “deregulation” and regulation. These include primary and secondary legislation, judgments of the superior courts over many years, including these judgments, and any other relevant legal opinion.

Landing Rights. 499. Deputy Michael D. Higgins asked the Minister for Transport the number of civilian aircraft which requested permission to overfly or land here and in particular at Shannon Airport in 2007, 2008 and 2009 while carrying munitions; the person whom made the requests; the number that were granted permission; the location they landed; the nature of the cargo on these planes; and the locations where the planes came from and were destined for. [48575/09]

Minister for Transport (Deputy Noel Dempsey): The vast majority of requests for these flights are from American civil airlines, chartered by the US military, and involve flights to or from the United States. Almost all land at Shannon Airport. In general flight applications of this type identify the airports immediately preceding and following the aircraft’s arrival in Shannon. The final destination of these flights would not necessarily be known by my Department. Approximately 90% of the flights carry the personal weapons of the troops on board, safely stowed — a very small number carry ammunition. Approximately 10% of the flights, almost all over-flights, carry other military equipment.

Year Number of Applications Received Number of Permits Issued

2007 1,517 1,495 2008 1,387 1,359 2009 1,306 1,276

Rail Network. 500. Deputy Michael Kennedy asked the Minister for Transport if his attention has been drawn to the fact that the newly built arches of the Broadmeadows Viaduct at the Estuary, Malahide, County Dublin have not been designed to allow local water sports to continue on the Estuary, for example kayaking; if his further attention has been drawn to the fact that local amenities are also being affected; if the hydrological survey of the new bridge will be made available; and if he will make a statement on the matter. [48640/09]

Minister for Transport (Deputy Noel Dempsey): The design and reconstruction of the Mala- hide Viaduct were an operational matter for Iarnród Éireann with the approval as necessary of the Railway Safety Commission and not one in which I have any role.

Public Transport. 501. Deputy Mary Upton asked the Minister for Transport his views on whether it is appropriate to reduce funding for public transport operators which will lead to a further reduction in services at a time when he has stated aims of reducing the reliance on the private car for transport; and if he will make a statement on the matter. [1063/10]

Minister for Transport (Deputy Noel Dempsey): Despite the difficult economic and budgetary circumstances, funding for public service obligation transport services provided by the CIÉ 281 Questions — 19 January 2010. Written Answers

[Deputy Noel Dempsey.] companies has been maintained at a high level. A total of €276 million has been provided for such services in 2010. In addition, a total of over €600 million in Exchequer capital has been provided in 2010 for investment in public transport infrastructure. It is a matter for the companies within the revenues available to them from Exchequer funding and fares revenue to maintain services at the highest level possible while ensuring their ongoing financial viability.

Coast Guard Service. 502. Deputy Pat Breen asked the Minister for Transport if funding has been ring fenced and available for the Doolin unit of the Irish Coast Guard which is expected to go to planning permission shortly; and if he will make a statement on the matter. [1074/10]

510. Deputy Pat Breen asked the Minister for Transport the situation regarding the provision of the coastguard station at Doolin in County Clare; if the €1.5 million remains ring fenced for this project; when he expects this project to be completed; and if he will make a statement on the matter. [1457/10]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 502 and 510 together. As per normal public service procedure monies are not ringfenced prior to planning permission being obtained. An application for planning permission for a coastguard station at Doolin in County Clare will be made shortly.

Road Safety. 503. Deputy Michael McGrath asked the Minister for Transport the body responsible for the assessment of the risk posed to motorists by icy conditions on a motorway and for making the decision to close or not to close a motorway following that risk assessment. [1123/10]

Minister for Transport (Deputy Noel Dempsey): I understand that at events that attract large assemblies of people (race meetings, GAA matches) or in certain emergencies (fire, flooding or other emergencies), Section 91 of the Road Traffic Act 1961 provides members of the Garda Siochana in uniform with the power to divert, regulate and control traffic and to regulate and control parking. This can be done by oral or manual direction or by use of portable signs (of size, colour and significance as may be prescribed). A member of An Garda Síochána is given the power to prohibit the passage of traffic, indicate the direction in which traffic is to proceed, to prohibit, regulate or limit parking or places as stands for public service vehicles and generally make such prohibitions or indications which he/she considers necessary to prevent obstruction or disorder in traffic. Whilst An Garda Síochána is given particular powers under the Road Traffic Acts to close roads in certain situations as outlined above, the decision to close any particular road would be taken in consultation with the relevant Local Authority and / or the National Roads Authority.

Road Network. 504. Deputy James Bannon asked the Minister for Transport if he will provide funding to Westmeath County Council to resurface a road (details supplied), which has deteriorated to such an extent that it is preventing a racing club from holding its annual national road race in the second week in July, in view of the fact that the club will be refused a permit until the road is resurfaced; and if he will make a statement on the matter. [1135/10]

282 Questions — 19 January 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. Regional and local road grants are allocated under a number of grant categories. The State funded road restoration programme provides grants for surface dressing under the Restoration Maintenance Programme and for road pavement improvements under the Restoration Improvement Programme. The roads funded under the restoration programme are selected by local authorities with priority given to roads most in need of treatment. My Department also finances safety works at high accident locations on the regional and local road network. Safety is a fundamental consideration in the improvement and maintenance of our road network. It is a matter for Westmeath County Council to adjust their multi-annual restoration programme to facilitate works on the L1437 and submit it to the Department for consideration.

Sustainable Travel. 505. Deputy Aengus Ó Snodaigh asked the Minister for Transport when he received an application for funding to develop sustainable modes of transport including cycle tracks and walkways in the Crumlin-Drimnagh-Walkinstown area from Dublin City Council; and when a decision will be made in relation to this application. [1235/10]

Minister for Transport (Deputy Noel Dempsey): Last year I launched the Sustainable Travel Demonstration Areas Fund to encourage Local Authorities to come up with practical proposals to meet the ambition set out in the Government’s Smarter Travel policy. I was pleased with the level of responses from Local Authorities. 39 applications were received in the Stage 1 process of the competition, including one from Dublin City Council relating to the Drimnagh Area. Eleven of these applications, including the Drimnagh one, have been shortlisted for Stage 2 and each Local Authority has been briefed in detail on what is expected of them in this next Stage. The final selection is likely to happen in the second quarter of this year and the successful areas will have access to the €50 million fund I have set aside for this over the next 5 years. The aim is to deliver areas of best practice in Ireland to show how we can achieve more sustainable travel options for our citizens and the competition is but one element in a range of initiatives I am undertaking to deliver Smarter Travel. Full details of the competition are available on www.smartertravel.ie.

Departmental Expenditure. 506. Deputy Richard Bruton asked the Minister for Transport the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in Budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1263/10]

283 Questions — 19 January 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): The following savings were accepted for my Department and included in Budget 2010.

Transport Savings Measures €m €m

Accepted Savings Annual savings 2010 in Budget 2010

Programme A — Administration A.1 Reduce pay expenditure 2.0 1.9 A.2 Reduce non pay expenditure 0.9 0.9 Programme A Savings 2.9 2.8

Programme B — Roads B1 Reduce expenditure on roads maintenance/improvement 13.6 13.8 B4 National Vehicle and Driver File (NVDF) 4.0 3.5 Programme B Savings 17.6 17.3

Programme C — Public Transport C1 Operational efficiencies among CIE companies 26.6 27 Programme C Savings 26.6 27

Cross Programme Savings Reduction in National Roads Authority (NRA) 0.65 1.0 administrative budget Reduction in Railway Procurement Agency (RPA) 0.35 0.35 administrative budget Cross Programme Savings 1.0 1.0

Total Programme Savings 48.1 48.1

Other savings amounting to €12.2million, not proposed by the Special Group, were also included in my Department’s current Estimate for 2010, bringing the total underlying current expenditure reduction for the year to €60.3million.

Road Network. 507. Deputy Michael McGrath asked the Minister for Transport if, in view of the exceptional circumstances that apply, he will give consideration to an application by Cork County Council for a specific improvement grant for work to a road (details supplied) in County Cork. [1353/10]

/ Carrigaline Main Street project among its applications for funding and it is therefore not open to me to consider it for funding. I will announce the 2010 regional and local road grant allocations by mid February 2010 at the latest

Rural Transport Services. 508. Deputy Denis Naughten asked the Minister for Transport further to Parliamentary Question No. 80 of 9 December 2009 his plans for the rural transport initiative; and if he will make a statement on the matter. [1399/10]

Minister for Transport (Deputy Noel Dempsey): The provision for the Rural Transport Prog- ramme in 2010 is being maintained at €11 million in recognition of the important role it plays in combating social exclusion in rural Ireland As I stated in my reply to Parliamentary Question No. 80 of 9 December 2009, it is important that existing resources in this area are utilised as cost-effectively as possible and a number of initiatives are underway to explore the potential in that regard. The outcome of those initiatives will be assessed later this year to inform the development of rural transport policy into the future.

Airport Security Measures. 509. Deputy Pat Breen asked the Minister for Transport his plans to introduce body scanners at airports here; and if he will make a statement on the matter. [1429/10]

Minister for Transport (Deputy Noel Dempsey): A special meeting of the European Union Regulatory Committee for Civil Aviation Security was held in Brussels on 7 January 2010. The Committee received a factual report from the authorities of the Netherlands and the United States on the serious incident that took place on flight NW 253 from Amsterdam to Detroit on 25 December 2009. Following an exchange of views on the security situation in the aftermath of that incident, the Committee unanimously underlined the need for an EU approach to addressing the security situation, including the use of imaging technology, commonly referred to as body scanners, as one means for screening passengers. The Commission is considering an initiative on imaging technology to reinforce passenger security, while at the same time addressing the conditions for using such technology, in particular, privacy, data protection and health issues. The use of body scanners as a method of screening passengers has yet to be approved by the EU. However, EU Regulations allow for trialling of new types of security equipment and body scanner technology has been and, continues to be, trialled at a number of EU airports. I am aware that Dublin Airport Authority has issued a tender notice seeking expressions of interest for the supply of body scanners. Dublin Airport Authority has indicated that this is merely a first step in preparing for the possible use of such technology and is aware that deployment at any airport in the State, even on a trial basis, would be subject to approval by my Department and the European Commission.

Question No. 510 answered with Question No. 502.

Parking Regulations. 511. Deputy Chris Andrews asked the Minister for Transport his proposals to improve the

285 Questions — 19 January 2010. Written Answers

[Deputy Chris Andrews.] problem of parking wholly or partly on footpaths in urban areas; and if he will make a statement on the matter. [1489/10]

Minister for Transport (Deputy Noel Dempsey): Under the Road Traffic (Traffic and Parking) Regulations 1997 it is already an offence to park a mechanically propelled vehicle on any part of a footpath and I have no plans to change this. Footpaths are provided for the safety of pedestrians to segregate them from passing or parking traffic. Mounting of footpath kerbs by vehicles is potentially an unsafe practice. It is also important to have a minimum width of passable footpath for the safe passage of wheelchairs or prams/buggies, and to bear in mind that footpaths have been constructed to a certain weight bearing standard and provide access points for utilities. Local authorities have other options including, for example, restricting parking to one side of a street or the indenting of the footpath to provide onstreet parking.

512. Deputy Chris Andrews asked the Minister for Transport his proposals in relation to the parking of vehicles in residential areas with narrow streets. [1490/10]

Minister for Transport (Deputy Noel Dempsey): The Restriction on the parking of vehicles at any location on the public road is a matter for the road authority concerned. Public roads must be kept clear for the safe passage of vehicles, particularly emergency service vehicles. In residential areas with narrow streets where the parking of vehicles on both sides causes congestion, obstructs access to vehicles or blocks traffic flow a range of options is currently available to local authorities including, for example, restricting parking to one side only of a street or the indenting of the footpath to provide an onstreet parking area. Accordingly, I have no proposals to amend the Traffic and Parking Regulations in this regard.

State Airports. 513. Deputy Fergus O’Dowd asked the Minister for Transport the number of meetings he had with the Dublin Airport Authority in 2009; the communications he has had with the Dublin Airport Authority in relation to the new terminal two building; the issues discussed; the outcome of such contacts; and if he will make a statement on the matter. [1501/10]

Minister for Transport (Deputy Noel Dempsey): I have had a number of personal contacts with the current DAA Chairman in 2009 and in August last I received a briefing from the DAA Chairman and Chief Executive on State Airport matters. In addition senior Departmen- tal officials are in constant contact with the Dublin Airport Authority (DAA) on a range of issues including the roll out of Terminal 2 (T2), which is due to open in November this year. As much of those contacts cover matters of a commercially sensitive and confidential nature I do not propose to provide a detailed account of those contacts.

Departmental Bodies. 514. Deputy Fergus O’Dowd asked the Minister for Transport the number of agencies and companies under the remit of his Department; the salary of each chief executive or head of each agency or company; the increase in salary for the position since 2007 for each of these positions; and if he will make a statement on the matter. [1502/10]

286 Questions — 19 January 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): There are currently 33 bodies under the aegis of the Department. Details of remuneration are generally published in the Annual Reports.

Ethics in Public Office. 515. Deputy Fergus O’Dowd asked the Minister for Transport the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1517/10]

Minister for Transport (Deputy Noel Dempsey): As a Member of Dáil Éireann I am aware of and comply with the necessary declarations under the Ethics Acts. Details of all declarable items /benefits are available on the appropriate websites of the Standards in Public Office Commission and the Houses of the Oireachtas.

Road Safety. 516. Deputy Thomas P. Broughan asked the Minister for Transport his views on the national road safety implications of a reported significant increase in the numbers of motorists who are cancelling their motor insurance allegedly due to financial pressures; and if he will make a statement on the matter. [1632/10]

Minister for Transport (Deputy Noel Dempsey): Third Party motor insurance is required by law for the use of all mechanically propelled vehicles in a public place. The contract for motor insurance is a private contract between the policyholder and the motor insurance company. The enforcement of Road Traffic Law is a matter for An Garda Siochana. The Irish Insurance Federation, which is the representative body for insurance companies in Ireland, has indicated that there is no evidence of a significant increase in motorists cancelling their motor insurance policies.

Road Network. 517. Deputy Thomas P. Broughan asked the Minister for Transport the position regarding the Galway city bypass; if the Galway city bypass is currently the subject of legal proceedings between his Department and the Department of the Environment, Heritage and Local Govern- ment; the estimated timeframe of this legal action; the future of the road project; and if he will make a statement on the matter. [1633/10]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads, is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. The proposal for the construction of the Galway City Outer Bypass was approved in part by An Bord Pleanála (ABP) in November, 2008. Part of the scheme involving a section of non- national road to the west of Galway City linking the N59 Moycullen Road to the R336 Spiddal Road was rejected by the Board on environmental grounds. Two judicial review proceedings were taken challenging the ABP decision to approve part of the project. The grounds cited included claims that ABP had erred in law in giving its approval and had misinterpreted and incorrectly applied provisions of the EU Habitats Directive and the implementing Irish legislation in reaching its decision.

287 Questions — 19 January 2010. Written Answers

[Deputy Noel Dempsey.]

The European Commission has expressed serious concerns in relation to what it believes is a failure to comply with the requirement of the Habitats Directive. Based on the advice of the Attorney General, the State shares those concerns and contends that ABP has misinterpreted the Habitats Directive. The correct interpretation of the Habitats Directive is critical not only for the purpose of this project but for all future projects. The Attorney General has therefore advised that it is essential to ensure that the Habitats Directive is being properly interpreted by ABP as otherwise this could create very serious problems, including delays, for future projects. For that reason the State supports an early referral of one of the cases, which raises this issue of interpretation of European law, to the European Court of Justice as the best option for obtaining legal certainty on the interpretation issue. Clarity on interpretation will avoid future expensive challenges to other projects on this ground. High Court judgments were delivered on the 9 October 2009, in respect of both proceedings. The Court declined to quash the Board’s approval and ruled against the applicants on all points. Subsequent to the High Court ruling, Counsel for the State and for one of the notice parties sought leave to appeal the judgement to the Supreme Court. Leave to appeal was granted on 6 November 2009 on the basis that the issue involved a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. A date for the appeal hearing is now awaited. An early referral of the case to the European Court of Justice will be sought in order to ensure clarity of the law in respect of the application of the Habitats Directive. There are no legal proceedings between me and the Minister for Environment, Heritage and Local Government nor is there any dispute or difference between us in relation to this matter. The Minister for the Environment Heritage and Local Government and I are in full agreement that the proper course of action in this case is to obtain clarity on the application of the Habitats Directive as it applies to this and all other road construction projects and to ensure full compliance with European Union and national law. I am fully committed to the implementation of this project. However, it can only be implemented if it is compliant with national and EU law. As there is a challenge to the validity of the consent the NRA was advised by my Department in a letter dated the 2 July 2009, that it would be inappropriate to expend further Exchequer monies on this project until the challenge is resolved.

Coast Guard Service. 518. Deputy Brendan Howlin asked the Minister for Transport when he received the consultants’ report commissioned by the Irish Coast Guard Service on the need for an emergency towing vessel; if this report has been considered by him; if a decision has been made on foot of the report; if so, the details of the decision; and if he will make a statement on the matter. [1825/10]

Minister for Transport (Deputy Noel Dempsey): The Marine Pollution Prevention, Prepared- ness and Response Capabilities Study 2008 was received on 24th February 2009. The issue of emergency towing vessels was addressed in the Study along with the many other issues surrounding marine pollution prevention, preparedness and response capability in Ireland.

288 Questions — 19 January 2010. Written Answers

The Government has decided to develop and enhance efforts to improve marine pollution prevention, preparedness and response capability in Ireland from within existing and available resources including international and inter-departmental sharing and co-operation, where feasible and practicable.

Question No. 519 answered with Question No. 495.

520. Deputy Michael Ring asked the Minister for Transport the way a matter (details supplied) in County Mayo will progress in view of the fact that it has been ongoing for over two years; and if he will make a statement on the matter. [1902/10]

521. Deputy Michael Ring asked the Minister for Transport if he will intervene in a dispute (details supplied) in County Mayo; if his attention has been drawn to the fact its resolution which would allow a group to access a facility that was purpose built two years ago in view of the poor facilities they have to use at the present time; and if he will make a statement on the matter. [1903/10]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 520 and 521 together. The Director of the Coast Guard and the Director of Services for Mayo County Council are currently dealing directly on the matter. They met on 17th of December 2009 and substantial progress has been made. A resolution of the final outstanding legal issue is being investigated by both sides.

Departmental Staff. 522. Deputy Joan Burton asked the Minister for Transport the number of whole time equivalents serving in his Department in the grades of secretary general, deputy secretary general, assistant secretary general, higher principal officer, principal officer, higher assistant principal officer, assistant principal officer, higher executive officer, executive officer, staff officer and clerical officer on 1 January 1998, 1 January 2007 and the latest date for which figures are available. [1954/10]

Minister for Transport (Deputy Noel Dempsey): Details as requested by the Deputy for 2007 and 2010 are contained in the following table. My Department was not in existence in 1998.

Whole time equivalent staff Whole time equivalent staff numbers at 1st January 2010 numbers at 1st January 2007

Secretary General 1.0 1.0 Deputy Secretary General 0.0 0.0 Assistant Secretary 4.0 6.0 Principal Officer Higher 7.0 7.0 Principal Officer 9.0 13.6 Assistant Principal Higher 6.6 13.6 Assistant Principal 22.2 38.1 Higher Executive Officer 77.4 73.4 Executive Officer 83.7 81.5 SO 16.9 14.7 CO 139.6 153.4

289 Questions — 19 January 2010. Written Answers

Public Transport. 523. Deputy Fergus O’Dowd asked the Minister for Transport the number of private bus operators licensed annually since 2000; the number of daily services provided by each; the number providing services to Dublin; the number providing rural services; and if he will make a statement on the matter. [2023/10]

Minister for Transport (Deputy Noel Dempsey): The number of private operators that held a passenger license during each year or any part of the year since 2000 is given in the table below:

Year Number of operators

2000 194 2001 194 2002 193 2003 199 2004 199 2005 197 2006 211 2007 206 2008 221 2009 239

The types of licenses held are annual, seasonal and occasional passenger licenses. As occasional licenses apply for limited periods, the number of licensed operators can alter dramatically depending on the day for which the data is provided. Accordingly, the number of licensed operators as of 18th January 2010 is 208 who hold a total of 616 road passenger licenses. Currently there are 37 private operators providing services to Dublin and within Dublin of which 8 operators solely provide services within Dublin. Therefore the number of operators providing services outside Dublin as of 18th January is 200 — that includes holders of licences in respect of urban and rural areas other than Dublin City and County. My Department does not have data readily available in relation to the number of daily services being provided by each of those operators. In many instances services do not operate on a daily basis (i.e. tours) or they relate to occasional services that only operate for limited periods.

Fuel Rebates. 524. Deputy Fergus O’Dowd asked the Minister for Transport the value of fuel rebates that CIE has received annually since 2000 broken down by its subsidiary companies (details supplied); and if he will make a statement on the matter. [2024/10]

Minister for Transport (Deputy Noel Dempsey): The issue raised by the Deputy does not come under the remit of my Department and should be redirected to the Minister for Finance.

Free Travel Scheme. 525. Deputy Fergus O’Dowd asked the Minister for Transport the amount of compensation received annually since 2000 by CIE broken down by company (details supplied) for transporting passengers with free travel passes; and if he will make a statement on the matter. [2025/10] 290 Questions — 19 January 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): The issue raised by the Deputy does not come under the remit of my Department and should be redirected to the Minister for Social and Family Affairs.

School Transport. 526. Deputy Fergus O’Dowd asked the Minister for Transport the value of payments made to Bus Éireann annually since 2000 for the school transport scheme; the details and the value of any other school transport related payments to any subsidiaries of CIÉ; and if he will make a statement on the matter. [2026/10]

Minister for Transport (Deputy Noel Dempsey): The issue raised by the Deputy does not come under the remit of my Department and should be redirected to the Minister for Education and Science.

National Development Plan. 527. Deputy Fergus O’Dowd asked the Minister for Transport the amount received by each subsidiary of CIE annually under the National Development Plan 2000 to 2006; the reason for each payment; the amount received by each subsidy; the reason for each payment under the National Development Plan 2007 to 2013 to date; and if he will make a statement on the matter. [2027/10]

Minister for Transport (Deputy Noel Dempsey): The amount of capital investment received by each CIÉ subsidiary under the first National Development Plan, 2000-2006, was as follows:

Iarnród Éireann Bus Átha Cliath Bus Éireann

€m €m €m

2000 153.248 22.534 6.478 2001 175.852 22.065 19.900 2002 232.545 28.014 2.816 2003 274.614 12.691 15.062 2004 145.606 7.262 3.332 2005 279.553 9.611 1.846 2006 257.368 27.324 1.942

These payments were made to achieve the objectives set out in the NDP for public transport, which were: major short-term investment in suburban rail (including the DART upgrade) and substantial enhancement of the bus service in the Greater Dublin Area; implementation of the nationwide Railway Safety Programme and significant investment in mainline rail renewal; as well as public transport developments in the regions and the regional cities. Payments to date under the current NDP are:

Iarnród Éireann Bus Átha Cliath Bus Éireann

€m €m €m

2007 407.975 28.337 32.786 2008 538.262 21.943 40.778 2009 432.775 6.564 0.092

291 Questions — 19 January 2010. Written Answers

[Deputy Noel Dempsey.]

These payments have been made to progress the aims of the Public Transport Sub-Programme of the current NDP, including the completion of the Second Railway Safety Programme and commencement of the Third Railway Safety Programme, expansion of the capacity of the Dublin suburban rail network, works on the Western Rail Corridor and Cork Commuter Services, as well as expansion of public service obligation bus fleets and bus priority in Dublin and the regional cities.

Public Transport. 528. Deputy Michael McGrath asked the Minister for Transport the funding allocated to a green route (details supplied) in County Cork for each of the years 2007, 2008, 2009 and 2010; the amount spent by the local authority on the green route for each of the years 2007, 2008 and 2009; the position regarding same; and if he will make a statement on the matter. [2032/10]

529. Deputy Michael McGrath asked the Minister for Transport the details of the funding allocated to a green route in Cork (details supplied) for each of the years 2007, 2008, 2009 and 2010; the amounts spent by the local authority on the green route for each of the years 2007, 2008 and 2009; the status of the project; and if he will make a statement on the matter. [2042/10]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions 528 and 529 together. My Department’s allocation to Cork City Council for the Carrigaline Green Route and the actual amount spent in the years 2007-2009 are as follows:

Funding Allocated Funding Drawn Down

€€

2007 2,400,000 31,701 2008 1,000,000 890,689 2009 200,000 200,000

My Department is currently considering the allocation of funding for bus priority measures in the regional cities, and therefore no allocation has yet been made for 2010. The implementation of work on the Green Route is a matter for Cork City Council. I understand from the Council that work within the City boundary on the Carrigaline/Ringaskiddy to City Centre Green Route was completed in 2008. The planning process on the Cork County Council section was completed in December 2008. €200,000 was made available for advance works in the County section in 2009. Contract documentation is now being completed and the managing authority intend going to tender for the remaining work during Q1 of 2010.

Rail Services. 530. Deputy Pat Breen asked the Minister for Transport if his attention has been drawn to the ongoing disruption to commuter services on the Ennis-Limerick rail service in County Clare; if this ongoing closure will have implications for the reopening of the western rail corridor; if his Department has held discussions with Iarnród Éireann and the Office of Public Works to urge a resolution of this problem; and if he will make a statement on the matter. [2049/10] 292 Questions — 19 January 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): I am aware of the disruption to rail services on the Ennis/Limerick rail line. As the matter is an operational one for Iarnród Éireann, I have not had discussions with Iarnród Éireann and/or the Office of Public Works. While my Department is kept informed of the situation, the date of the re-opening of the Western Rail Corridor is a matter for Iarnród Éireann.

Departmental Staff. 531. Deputy Denis Naughten asked the Minister for Transport the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2175/10]

Minister for Transport (Deputy Noel Dempsey): The information requested by the Deputy is contained in the following table. It should be noted that over the past few years some divisions have been restructured and/or have changed division name. Hence there are no figures for some divisions for particular years. It should also be noted that responsibility for Regional and Local Roads, the Roads Inspectorate and Driver and Vehicle Computer Services transferred to my Department from the Department of the Environment, Heritage and Local Government in 2008.

Division Current Number at end Number at end Number at end 2008 2007 2009

Maritime Safety Policy 18.8 24.1 22.7 Irish Coast Guard (Technical) 64 64 57 Irish Coast Guard (Admin) 12.3 11.8 10.8 Marine Survey Office (Technical) 31 24 27 Marine Survey Office (Admin) 13 12 9.6 Information Services Division 21 19 17 Maritime Transport 6 8 7 Transport 21 8.6 9.5 10 Managing Authority (ESIOP) 3 5 5 Finance 28.6 32.1 30.2 Roads (formerly National Roads Policy & Regional & Local 15.3 17.7 8.8 Roads) Roads Inspectorate 3 4 — Internal Audit 3 3 3 Dublin Transportation Authority Est. 4.8 4 4 National Sustainable Transport Office (formerly Strategic 6.2 7.2 6.2 Planning & Policy) Legal Services 1.5 1.5 2 Minister’s Office 14 15 15 Air Accident Investigations Unit 8 7.6 7 Human Resources 14.6 15.8 15.3 Airports 7.7 9.9 9 Air Services & Security (formerly Air Navigation Services & 23.7 28.2 26.7 Development division and Aviation Regulation & International relations division) Freight & Logistic Policy/Motor Insurance 18.3 18.8 20.8 Road Safety & Traffic 11.8 13.8 10 Driver & Vehicle Computer Services (Vehicle Registration 74.8 78.8 — Unit)

293 Questions — 19 January 2010. Written Answers

[Deputy Noel Dempsey.] Division Current Number at end Number at end Number at end 2008 2007 2009

Permanent Representation, Brussels 1 1 1 Communications & Support Services 20.3 —— Strategic HR, Training, Building & Services 28.5 —— Communications & Support, Training, Building & Services — 43.2 41.4 Minister of State’s Office N/A 9 N/A Luas Metro — 87 Land Use & Transport Integrations 4 —— Public Transport Corporate Affairs 11.6 —— Public Transport Investment 14.8 —— Public Transport Regulation/Bus Licensing 16.4 18.4 20.6 CIE Investment & Rail Safety — 15.6 16 Integrated Ticketing — 2 — Public Transport Access — 10.5 — Accessibility/Rural Transport — 11.5 — Governance support — 3.4 3.4 Secretary General 1 1 1 Assistant Secretaries 4 6 6

Child Support Payments. 532. Deputy Chris Andrews asked the Minister for Justice, Equality and Law Reform if provisions are in place to ensure that a person who leaves the State is obliged to continue paying child support to a parent resident here; and if he will make a statement on the matter. [48447/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Depending on the country in which a maintenance debtor relocates there are provisions in the Maintenance Orders Act 1974, the Maintenance Act 1994 and in EU Regulation 44/2001 under which a creditor residing here may claim recovery of maintenance. The Central Authority for Mainten- ance Recovery in my Department can provide assistance to a claimant if the debtor is living in the UK or another EU member state or in any country which is a party to the United Nations Convention on the Recovery of Maintenance Abroad. Assistance can be provided in establishing, enforcing, or varying a maintenance order, and there is generally no cost to the claimant.

Proposed Legislation. 533. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform when legislation will be published to amend the Comptroller and Auditor General (Amendment) Act 1993 with specific reference to name the Office of the Comptroller and Auditor General as auditor of ward of court funds. [1115/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As indicated in the Government Legislative Programme, announced by the Chief Whip on 19 January, 2010, the Civil Law (Miscellaneous Provisions) Bill is in the course of being drafted with a view to being published in this Session. 294 Questions — 19 January 2010. Written Answers

The provisions in the Bill for the establishment of a Court Funds Office will include amendment of the Comptroller and Auditor General (Amendment) Act 1993 to allow the Comptrol- ler and Auditor General to act as auditor of all court funds, including those of wards of court.

Stardust Disaster. 534. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform when he will fulfil his commitments in relation to redress, a public apology and a commemoration for the victims and survivors of the 1981 Stardust disaster as recommended in the Coffey Report and from the outstanding campaign by the Stardust Victims and Relatives Committee; the reason there is an ongoing delay in implementing these recommendations; and if he will make a statement on the matter. [1643/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will be aware, resolutions have been passed in both Houses of the Oireachtas concerning the findings of the Stardust Tribunal of Inquiry, thereby fulfilling the principal recommendations of Mr. Paul Coffey SC’s report and fully meeting the Government’s commitments in this regard. For the Deputy’s information, I can advise him that Mr. Coffey’s report does not contain recommendations in relation to the matters raised in his question. Mr. Coffey’s other, discretionary, finding concerning ongoing outstanding counselling and medical needs is also being addressed. A public information notice was placed in newspapers and communicated to the Victims Committee last October asking those who might wish to access such services through this channel to register their interest. Arrangements to provide these services, based on the level of interest indicated, are now being finalised and will be put into effect very shortly.

Report on Racism. 535. Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans to implement the recommendations contained in the Joint Committee on European Affairs report on racism against Roma people, published on 1 January 2010; and the initiatives that will be put in place. [1940/10]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Curran): The report referred to by the Deputy focuses on the position of minority groups in Europe and contains an examination of Roma policies in the European Union. The Roma Community in the Irish State is made up principally of persons of Romanian, Hungarian, Polish and Czech Republic origin, all of whom are EU Citizens and, as such, in terms of immigration controls, are covered by the provision of the European Community (Free movement of Persons) (No. 2) Regulations 2006. Such persons are not required to register their presence in the State. There are no official statistics on the number of Roma in Ireland. Different figures have been mentioned, for example 3,000, which is approximately 0.07% of the population. This figure has been cited by the Roma support group. As acknowledged on Page 12 of the Joint Committee’s report, Ireland has a robust equality infrastructure in place which includes measures to protect all residents from exploitation and discrimination. As stated in the Joint Committee’s Report, Ireland has ratified and provides periodic reports under the main International treaties that impact on discrimination including the International

295 Questions — 19 January 2010. Written Answers

[Deputy John Curran.] Convention on the Elimination of All Forms of Racial Discrimination. I recently submitted Ireland’s Combined Third and Fourth State Report to the UN Committee on the Elimination of All Forms of Racial Discrimination. This is a comprehensive report outlining all of the measures which have been undertaken to combat discrimination and racism in Ireland in the last number of years. It is available on the website of my Office at www.integration.ie. I support a mainstream approach to Integration and as such there are currently no Roma specific policies in place. The recommendations made by the Joint Committee will, however, be examined by my Office and will be borne in mind in the future work of the Office in this area. In addition, I note that the Committee has sent the report to a number of Ministers and the Garda Commissioner.

Citizenship Applications. 536. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the reason work permits prior to 2006 were not taken into account when calculating reckonable residency in the State for an application for naturalisation in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [48274/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in October 2007. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizen- ship Act, 1956, as amended. The person concerned was informed of this in a letter issued on 13 February, 2008. Applicants for certificates of naturalisation are required to provide evidence that they were resident and that they had the permission of the Minister to remain in the State for the prescribed period. Periods for which an applicant did not have the permission of the Minister and periods for which permission granted for the purpose of study are not reckonable for the purpose of satisfying the residency requirements. Permission to remain in the State as confirmed by the Garda National Immigration Bureau is a matter of vital importance to all applicants for Citizenship. Applicants must ensure that their registration with the GNIB is kept up to date during their residency in this country.

Departmental Staff. 537. Deputy George Lee asked the Minister for Justice, Equality and Law Reform the number of civil service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48317/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are currently 2,207 staff serving in my Department and agencies staffed by it. This includes staff in the Probation Service (424) and the Forensic Science Laboratory (97), the majority of whom are qualified professionals in their respective fields. The Department also employs a number of

296 Questions — 19 January 2010. Written Answers lawyers, accountants etc. whose qualifications and skills are relevant to their particular responsibilities. Departmental records indicate that 40 staff have disclosed third level qualifications in economics.

Crime Levels. 538. Deputy George Lee asked the Minister for Justice, Equality and Law Reform the number of crimes recorded, broken down by category, in each county for every month from December 2007 to November 2009; and if he will make a statement on the matter. [48321/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Síoch- ána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Firearms Licences. 539. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the inconsistency across Garda administrative units in the issuing of firearms licences for sporting purposes; if his further attention has been drawn to the fact that international competitors and instructors (details supplied) are being refused licenses for pistols needed for competition while others not involved in international competition are being granted licenses for similar firearms; and if he will make a statement on the matter. [48361/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will appreciate firearms licensing is an operational matter and the conditions, subject to which a firearm certificate may be granted, are set out in section 4 (2) of the Firearms Act 1925 as amended by section 32 of the Criminal Justice Act 2006. Under the Firearms Acts, each application is adjudicated upon by the issuing person on its own individual merits and I have no role in the granting of these certificates. It should be noted that section 15A of the Firearms Act 1925, as amended by the Criminal Justice Act 2006, provides that an appeal may be made to the District Court by a person aggrieved by a decision to refuse to grant or renew a firearm certificate.

Residency Permits. 540. Deputy Chris Andrews asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in Dublin 12. [48455/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that, following consideration of the appeal in this case, an approval letter issued to the person concerned on 21 December 2009.

Anti-Social Behaviour. 541. Deputy George Lee asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Questions Nos. 174 of 3 December 2009 and 258 of 17 November 2009, if he will provide the requested details as the matter is no longer before the District Court; and if he will make a statement on the matter. [48467/09]

297 Questions — 19 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the premises referred to is located in Rathfarnham Garda Sub- District. Local Garda management is aware of anti-social activity in the vicinity of the premises. Regular contact is maintained with the management of the premises to address any public order issues arising. The area referred to is the subject of regular patrols by uniform and plain-clothes personnel, supplemented by the Community Policing Unit, Garda Mountain Bike Unit and Traffic Corps personnel. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and dealt with appropriately, including by juvenile or adult caution, fixed charge penalty notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. Local Garda management closely monitors patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. This strategy is central to the delivery of the policing service to the area in question. I am informed that the District Court has decided that all applications from the premises concerned for special exemptions should be advised to the objectors to the licence. The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I am informed that the specific information requested by the Deputy is not available from the CSO.

Garda Recruitment. 542. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the cost to the taxpayer in legal fees for a court case (details supplied); if he will amend the legal restrictions which prevent persons over the age of 35 years from joining An Garda Síochána; the reason he will recruit persons over the age of 35 years into the Garda Reserve but not into An Garda Síochána; and if he will make a statement on the matter. [48533/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I understand that the complaint referred to by the Deputy is still before the courts and it would be inappropriate for me to comment on the matter. Recruitment in An Garda Síochána is governed under Statutory Regulation namely, the Garda Síochána (Admission & Appointments) Regulations 1988/2005. The recruitment age was considered as recently as 2004 when, on the recommendation of the Garda Commissioner, the maximum recruitment age was increased from 26 to 35 years. This was made by Statutory Instrument 749/2004 which amended regulation 164 of 1988. This upper age limit of 35 was set having regard to equality legislation and also took into account the following criteria:

(1) The cost of training

298 Questions — 19 January 2010. Written Answers

(2) The need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost.

(3) The operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on members in the course of their duty.

There are no plans to change the upper age limit for recruitment to An Garda Síochána at this time. Reserve Gardaí are volunteers and not employees, serve on a part-time basis and have a limited set of powers and duties which is determined by the Garda Commissioner. The upper recruitment and retirement age limits for Reserve Gardaí were set at 60 and 65 respectively so that the Garda Reserve would attract applicants from a broad range in society, and benefit in particular from the experience and skills of more mature members of society.

Garda Duties. 543. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform his plans to introduce an annual check up for all members of An Garda Síochána aged over 35 years in order that they comply with the physical duties of being a garda; and if he will make a statement on the matter. [48534/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that there are currently no plans to introduce an annual check up for members of An Garda Síochána aged over 35 years.

Garda Recruitment. 544. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if persons under 35 years who applied to join An Garda Síochána before the public sector recruitment moratorium will still be eligible to join once the recruitment moratorium has been lifted despite the fact that they may be over 35 years of age; and if he will make a statement on the matter. [48535/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that following selection by the Public Appointments Service each applicant must undergo a Physical Competency Test, a Medical Examination and also Character Vetting. Applicants successful at all three stages will remain on a panel and are available to be offered positions as Garda Trainees in a future intake.

Citizenship Applications. 545. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform when a person (details supplied) will receive approved certificate of naturalisation and confirmation of Irish citizenship. [48559/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in March 2008. I decided in my absolute discretion to grant a certificate of naturalisation and the person in question was informed of that decision in a letter issued to her on 3 November, 2009.

299 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.]

I am sure that the Deputy will appreciate that a certificate of naturalisation is an exceptional and important document that facilitates a foreign national becoming a citizen of Ireland. In practice, a necessary period of time elapses while applications that have been approved have their certificates of naturalisation prepared, as certificates must be printed, signed and sealed under strict controls. A certificate of naturalisation will issue to the person concerned in the near future.

Asylum Applications. 546. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when an application for residency on humanitarian grounds made in respect of a person (details supplied) in County Cork will be completed. [48569/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 1 November 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11 August 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. Due to the high volume of cases awaiting processing, it is not possible to say when the case of the person concerned will be finalised.

Magdalene Laundries. 547. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the position regarding a meeting (details supplied); if he will confirm that the Department of Justice, Equality and Law Reform sent women on remand to the Sean McDermott Street Magdalene following the introduction of the Criminal Justice Act 1960; if a capitation grant

300 Questions — 19 January 2010. Written Answers was awarded to the Magdalene laundries where these women were held on remand; if the Department of Justice, Equality and Law Reform holds records of all the women who were held on remand in this Magdalene laundry under the Criminal Justice Act 1960; if a State official ever inspected, regulated or approved the Magdalene laundry which was used for remand purposes; and if he will make a statement on the matter. [48571/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can advise the Deputy that following a request for a meeting, officials from my Department met with representatives of Justice for Magdalenes on the 14th of December, 2009. There was an exchange of information and my officials are pursuing some of the issues raised. My officials have also been in touch with the Department of Education and Science following that meeting. It is the Courts who have power to remand a person charged with a criminal offence in custody pending trial and sentencing. The Department of Justice, Equality and Law Reform is responsible for ensuring that there are places of detention which can be used for remand purposes but the Department itself has no power to send a person to a particular institution. Following the enactment of the Criminal Justice Act, 1960, the then Minister for Justice approved both St. Mary’s Magdalen Asylum, Sean McDermott Street, Dublin 1 and Our Lady’s Home, Henrietta Street, Dublin 1 (not a Magdalen Asylum) for use as a remand institution for female persons aged from 16 to 21 years. Prior to 1960 the only option to the courts was to remand such persons to Mountjoy female prison. Payments were made by the Department of Justice for those remanded by the Courts to the two institutions in question. Limited records for one or two years linking payments with the names of individuals remanded to Our Lady’s Home, Henrietta Street have been located. The records indicate that periods of remand rarely exceeded seven days and one or two days was the norm. Further research is being carried out to establish if more comprehensive records were kept. Part of the arrangements with the two institutions was that those remanded were to have same rights and privileges as provided for remand prisoners in the 1947 Prison Rules Part III, and that they would be visited from time to time by a Probation Officer and by the Superin- tendent of Prisons.

548. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the position regarding a meeting (details supplied); if his attention has been drawn to the practice whereby the Irish judicial system routinely arranged for women to be sent to a Magdalene laundry upon receiving a suspended sentence or upon being given probation; if his further attention has been drawn to the fact that such a practice had no statutory basis; if he will confirm that despite the awareness of this fact, his Department never informed the women that they could have left the Magdalene laundries at any time; if he will produce court records for every woman so referred; if he will contact the religious congregations who ran these Magda- lene laundries and ensure that they provide full access to the relevant records; and if he will make a statement on the matter. [48572/09]

301 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.]

There is no statutory power for a court to sentence a person to be detained in a Magdalen laundry or any other such institution as an alternative to imprisonment. The Probation of Offenders Act 1907 allows a person found to have committed a criminal offence to be subject to a probation order under which the offender is released on entering a recognizance to be of good behaviour and subject to conditions. The duration of the order cannot exceed 3 years but if it is breached the recognizance can be forfeit and the offender can be brought before the court for sentencing for the original offence. It has been established that in 1922 and subsequent years courts did on occasion include a condition in a probation order that the female person who had been found to have committed a criminal offence reside in a particular institution for a specified period (not exceeding 3 years). From the material available, it would appear that the institution used most frequently for this purpose was a home in Henri- etta Street. This was established at the end of the 19th century by the Discharged Female Prisoners Aid Society. The Sisters of Charity of St Vincent de Paul subsequently carried on the work of this society. This home did have a laundry attached but it was not a Magdalen laundry. In the 1940’s there was a request for funding for this institution. The home was inspected by an inspector from the Department of Industry and Commerce and the finances reviewed and in 1945/46 monies for capitation grants for “probationers” in this establishment were provided for in the District Court Vote. From the files it is clear that payments were limited to the duration of the relevant probation orders. The review at the time indicated that there were 18 “probationers” in Henrietta Street and another 20 to 30 probationers in other institutions mainly in the four Dublin Magdalen laundries. As far as can be made out at this stage, payments were not made to other institutions (except those designated as remand centres after 1960). The Commission of Inquiry into the Reformatory and Industrial Schools System 1934-1936 states that judges were reluctant to send girls to female prisons and would overcome the difficulty by sending the offender to a Home conducted by a Religious Order provided the girl consented to go there and the Home agreed to accept her. It is not clear if this refers to imposing a condition in a probation order or to a more informal arrangement. It appears that these orders/arrangements were made by the courts without reference to any Department of State. The requirements of a probation order, including its duration, would be made known by the court to the offender. The records of such orders are court records. The Minister for Justice, Equality and Law Reform does not have any legal authority to instruct a religious organisation to provide full access to their records.

549. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if he will instruct his officials to ensure access to all relevant records within his Department relating to the Magdalene laundries; and if he will make a statement on the matter. [48573/09]

550. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if there are records in his Department which indicate the number of women who were sent to Magda- lene laundries since the foundation of the State; if so, if he will allow access to them; and if he will make a statement on the matter. [48574/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 549 and 550 together.

302 Questions — 19 January 2010. Written Answers

I can advise the Deputy that my Department does not hold records that would indicate the number of women who were sent to Magdalen Laundries since the foundation of the State. There are incomplete records held by my Department and in the archives relating to payments made in respect of persons remanded to St. Mary Magdalen Asylum, Sean McDermott Street, Dublin and I will be happy to allow access to them in the normal way. However inquiries made to date indicate that many older files were destroyed by flooding and that it is the practice to destroy support documentation relating to payments after 7 years.

Asylum Applications. 551. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when an application for residency made by a person (details supplied) in County Cork will be decided upon. [48577/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 27 December 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14 October 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status. 552. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when a decision will issue on an application for a declaration as a refugee in respect of a person (details supplied) in County Cork. [48595/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned claimed asylum in the State on27/09/2007 and had her claim examined by the Office of

303 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] the Refugee Applications Commissioner and the Refugee Appeals Tribunal, following which it was recommended that she should be recognised as a refugee. Based on this recommendation, the person concerned was issued with a formal declaration of refugee status by letter dated 24/11/2008. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State.

Crime Prevention. 553. Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform if he plans to include private members’ gaming clubs and casinos within the scope of the Criminal Justice (Money Laundering & Terrorist Financing) Bill 2009; and if he will make a statement on the matter. [48611/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009 which is currently before Dáil Éireann, will give effect to the 3rd EU Money Laundering Directive and related Imple- menting Directive. Section 25(1) of the Bill defines the meaning of the term ‘designated person’ as “..any person, acting in the State in the course of business carried on by the person in the State, who or that is — ..”. A list of bodies and persons is specified to which the provisions apply. Included in this list is ‘a person who effectively directs a private members’ club at which gambling activities are carried on, but only in respect of those gambling activities.’ Therefore, such private members’ clubs will be subject to the relevant obligations in the Bill and will be monitored for compliance by officials of the Department on my behalf. In addition, section 109 of the Bill contains provisions in relation to registration of such clubs with the Minister and provides that it is an offence for such a club which falls within the definition of a designated person in section 25 not to register. This registration is not to effect a type of authorisation for such clubs and does not alter the status of these clubs in relation to our gaming laws. The position in relation to casinos is that they are already prescribed as a ‘designated person’ under the existing legislation dealing with money laundering and are also included in section 25 of the current Bill. However, under current law, casinos per se, are not permitted. The Deputy will be aware that I have initiated a wide-ranging review of gambling which deals with a range of issues, including the issue of the regulation of casinos. If following that review, and subject to the will of the Oireachtas, casinos were to be licensed in the State, casinos would also be made subject to the provisions of the Criminal Justice (Money Laundering and Terrorist Financing) legislation.

Citizenship Applications. 554. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he will investigate the handling of correspondence in the case of a person (details supplied) in Dublin 15; if, in view of the apparent unsatisfactory handling of this case, he will direct that their case be reopened; and if he will make a statement on the matter. [48631/09]

304 Questions — 19 January 2010. Written Answers

In January 2008 the person concerned wrote to the Irish Born Child Section of my Depart- ment informing them of his change of address. However, the new address was not updated in the Citizenship Division. As a result correspondence was issued to the old address in relation to his naturalisation application and, following non-response to that correspondence, the application was not granted. In light of the fact that the person in question had updated their address prior to the notification of 18 June, 2009, I have asked my Officials to re-open the cases of the person in question and his spouse. The Citizenship Division will contact both individuals in relation to any outstanding documentation that is required.

Child Protection. 555. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if he is satisfied that the gardaí have the necessary powers to deal with the phenomenon of young persons begging on the street; if there are services to prevent the exploitation of these children; and if he will make a statement on the matter. [48638/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The provisions of section 247 of the Children Act 2001, which provides that an offence is committed by a person causing, procuring or allowing a child to beg, are regularly utilised by members of An Garda Síochána in circumstances where children are being used by adults for the purposes of begging, and a number of arrests have been made under these provisions. Reports are also provided to the Health Service Executive, which is responsible for promoting the welfare of children who are not receiving adequate care and protection, in respect of each such incident, in compliance with the Children First Guidelines. Gardaí have also, on occasion, used the provisions of section 12 of the Child Care Act 1991, which provides for the protection of children in emergency situations and under which a child can be brought into care without a care order, where a member of An Garda Síochána has reasonable grounds to believe that there is an immediate and serious risk to the health and welfare of the child.

Road Traffic Regulations. 556. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if the Garda Commissioner has raised with him the reason that car owners are entitled to blacken out windows within their vehicle; if this issue has been brought to his attention in view of the difficult job that gardaí have to do in respect of identifying persons in vehicles; and if he will make a statement on the matter. [1003/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed that the Road Traffic (Construction, Equipment and Use of Vehicle) Regulations 1963, made by the Minister for Transport, set out the legislative basis for prosecution due to impediments to car drivers’ views. Tinted windows can be used in vehicles only in accordance with the legislation. I am informed by the Garda authorities that members of An Garda Síochána enforce the relevant legislative provisions, and prosecutions are brought for breaches of these provisions. I am also informed that on 21 December, 2009 the Minister for Transport made the Road Traffic (National Car Test) Regulations 2009 (S.I. 567 of 2009). These Regulations provide for

305 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] additional items to be included in the National Car Test from 1 April, 2010. These include a glass opacity test on the windscreen and front side windows, and a light transmission level of not less than 65% will be required in order to pass the test.

Citizenship Applications. 557. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1016/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in July 2006. I decided in my absolute discretion to grant a certificate of naturalisation and the person in question was informed of that decision in a letter issued to him on 6 January, 2010. A certificate of naturalisation will issue to the person concerned following receipt of the documentation requested to finalise their application.

Personal Debt Management. 558. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform when he will receive the final report of the Law Reform Commission on debt management and debt enforcement; and if he will make a statement on the matter. [1033/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Law Reform Commission has indicated that the date for completion of submissions on its Consultation Paper on Personal Debt Management and Debt Enforcement is the end of January 2010. It is aiming to have its Final Report available by end of August 2010.

Garda Operations. 559. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on Operation House; the scope of same; the number of personnel assigned to the operation and its successes to date; the cost of same to date; and if he will make a statement on the matter. [1057/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the initiative referred to by the Deputy was introduced by local Garda management to address a recorded increase in the number of burglary offences reported in the Blanchardstown Garda District. This initiative was originally in place from 16 March to 16 April, 2009. It was reintroduced in August, 2009 and remains in place. A dedicated unit, comprising four Gardaí operating on a monthly rotational basis, was put in place targeting this type of criminal activity. To date, both phases of this initiative have resulted in 60 arrests and 75 charges being preferred, with more than 300 searches of persons, vehicles and residences being conducted. I am also informed that a reduction has been recorded in the number of burglaries being reported. The situation, including crime trends in the area, continues to be closely monitored by local Garda management.

306 Questions — 19 January 2010. Written Answers

The costs of the initiative are met from the budgetary allocation for the Garda District, and it would require a disproportionate use of Garda resources to provide the budgetary information requested by the Deputy.

560. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on Operation Mask; the scope of same; the number of personnel assigned to the operation and its successes to date; the cost of same to date; and if he will make a statement on the matter. [1058/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the initiative referred to by the Deputy was introduced by local Garda management in Blanchardstown Garda District to address a recorded increase in criminal activity reported in the vicinity of the Blanchardstown Town Centre, particularly thefts from vehicles and shops. This initiative, which was in place from November, 2006 to February, 2007, included high visibility crime prevention patrols by uniformed personnel, including a dedicated Garda Sergeant and two Gardaí, in conjunction with management and security personnel at the Centre. I am also informed that crime trends in the area indicated a reduction in the numbers of the targeted types of offences recorded during the period of the initiative. The costs for the initiative were met from the budgetary allocation for the Garda District, and it would require a disproportionate use of Garda resources to provide the budgetary information requested.

561. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on Operation Colt; the scope of same; the number of personnel assigned to the operation and its successes to date; the cost of same to date; and if he will make a statement on the matter. [1059/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Operation Colt was introduced by local Garda management in Blanchardstown Garda District between November, 2005 and July, 2006 to target licensed premises, suspected of being complicit in the sale of drugs in the Finglas sub-district, with members of An Garda Síochána detailed for duty in plain-clothes to detect the illegal sale or supply of drugs. There was no specific budgetary allocation for this initiative. During the initiative two premises were closed, which have since re-opened under new management. Since the conclusion of this initiative a designated drug unit has been established in Finglas Garda sub-district. In addition to this all members of An Garda Síochána, including those allocated to Divisional and District Drug units, are tasked with enforcing criminal legislation, including the relevant provisions under the Misuse of Drugs Acts 1977/84 and Liquor Licensing legislation, including inspections of licensed premises. I am informed by the Garda authorities that the situation, including crime-trends, remains closely monitored by local Garda management with a view to the re-introduction of similar initiatives if deemed appropriate.

307 Questions — 19 January 2010. Written Answers

562. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on Operation Encounter; the scope of same; the number of personnel assigned to the operation and its successes to date; the cost of same to date; and if he will make a statement on the matter. [1060/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that Operation Encounter was commenced by the then Commissioner in February 2002. The Operation specifically targets offences contrary to the Criminal Justice (Public Order) Act 1994 and the Intoxicating Liquor Act 1988, which include the sale and consumption of alcohol by underage persons. Garda patrols are directed to pay particular attention to areas where persons tend to congre- gate and where the likelihood of both anti-social behaviour and drinking may occur, in order to reduce incidences of public disorder and anti-social behaviour. All members of An Garda Síochána proactively target public disorder and anti-social behaviour. Areas subject to such behaviour have been identified as hot-spots by local Garda management, and additional foot and mobile patrols are directed at these areas during times when these offences are more likely to occur. All such incidents detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law. Almost 600,000 offences have been detected since the commencement of Operation Encounter. The costs of Operation Encounter are met from the Garda Vote, and it would require a disproportionate use of Garda resources to compile the information requested. Incidents of public disorder and anti-social behaviour reported to the Garda authorities as a result of Operation Encounter or otherwise are the subject of investigation and dealt with appropriately, including by juvenile or adult caution, fixed charge penalty notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. Local policing plans are predicated on the prevention of anti-social and public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. Senior Garda management is satisfied that adequate resources are available to address these types of criminality. Personnel allocations are constantly monitored by local Garda management.

Garda Investigations. 563. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [1067/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the matter referred to by the Deputy is under investigation by them. It would therefore be inappropriate for me to comment further at this time.

Drugs in Prisons. 564. Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform the sanctions imposed on prisoners who have had illegal drugs confiscated from them by the prison authorities. [1088/10]

308 Questions — 19 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The sanctions for breach of prison discipline are outlined in full in Section 13(1) of the Prisons Act, 2007, and can include one or more of the following:

• issuing the prisoner with a caution

• reprimanding the prisoner

• confinement in a cell for a period not exceeding 3 days

• prohibition of various privileges for a period not exceeding 60 days. This can include recreation, sending or receiving mail, receiving visits and making phone calls

• forfeiture of up to 14 days remission

• forfeiture of gratuity payments

On a wider level the prisoner can of course face criminal charges arising from the possession of drugs and a consequent penalty such as a further term of imprisonment. Further operational decisions may also be made having regard to the offence such as the prisoner being placed on screened visits, the banning of visitors who attempted to pass contraband and / or the transfer of the prisoner to another institution. Persistent offenders can also be segregated from the general prison population.

Mandatory Sentencing. 565. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform his plans regarding mandatory sentencing for break-ins on old age pensioners and vulnerable persons in their homes; and if he will make a statement on the matter. [1105/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been in touch with the Attorney General with regard to the issue of mandatory sentencing. I have been informed that the Attorney has written to the Law Reform Commission, which comes under the aegis of his Office and that he has made a formal request under Section 4 of the Law Reform Commission Act 1975 to the Commission for an examination of the issue of mandatory sentencing generally. I understand that this matter is to be included on the Law Reform Commission’s programme of work for 2010 which is expected to be made public shortly.

Citizenship Applications. 566. Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform the reason for refusal of a certificate of naturalisation to a person (details supplied) in County Clare; and if he will make a statement on the matter. [1114/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in January 2007 and I decided in my absolute discretion not to grant a certificate of naturalisation. The person concerned was informed of this decision in a letter issued to him on 23 November, 2009. There is no appeals process provided under the Irish Nationality and Citizenship Act, 1956, as amended.

309 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.]

It is open to the person in question to lodge a new application with the Citizenship Division of my Department at any time.

567. Deputy Damien English asked the Minister for Justice, Equality and Law Reform the status of an application for citizenship in respect of persons (details supplied) in County Meath; when he expects a decision to be made on this application; and if he will make a statement on the matter. [1126/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Valid applications for certificates of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Division of my Department in April 2009. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants.The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Undocumented Residents. 568. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the estimated number of undocumented persons resident here; the nationalities represented; and if he will make a statement on the matter. [1152/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Accurately estimating the number of illegal migrants is immensely difficult in any jurisdiction, including Ireland. This is due to the clandestine and covert nature of the activity. I do not therefore propose to make what would be essentially a guess at the figure for Ireland or indeed to highlight particular nationalities.

Crime Levels. 569. Deputy George Lee asked the Minister for Justice, Equality and Law Reform the total number of reported crimes, broken down by category, that were dealt with by a Garda station (details supplied) in Dublin 14 in 2008 and 2009; the detection rate for crimes, broken down by category, reported to that Garda station in these years; and if he will make a statement on the matter. [1180/10]

310 Questions — 19 January 2010. Written Answers

570. Deputy George Lee asked the Minister for Justice, Equality and Law Reform the total number of reported crimes, broken down by category, that were dealt with by a Garda station (details supplied) in Dublin 16 in 2008 and 2009; the detection rate for crimes, broken down by category, reported to that Garda station in these years; and if he will make a statement on the matter. [1181/10]

571. Deputy George Lee asked the Minister for Justice, Equality and Law Reform the total number of reported crimes, broken down by category, that were dealt with by a Garda station (details supplied) in Dublin 18 in 2008 and 2009; the detection rate for crimes, broken down by category, reported to that Garda station in these years; and if he will make a statement on the matter. [1182/10]

572. Deputy George Lee asked the Minister for Justice, Equality and Law Reform the total number of reported crimes, broken down by category, that were dealt with by Dublin Garda stations in 2008 and 2009; the detection rate for crimes, broken down by category, reported to Dublin Garda station in these years; and if he will make a statement on the matter. [1183/10]

573. Deputy George Lee asked the Minister for Justice, Equality and Law Reform number of reported crimes, broken down by category, that were dealt with by a Garda station (details supplied) in 2008 and 2009; the detection rate for crimes, broken down by category, reported to that Garda station in these years; and if he will make a statement on the matter. [1184/10]

Web Resources Policy. 574. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform his official policy on citing a website (details supplied) as a source of information in the drafting

311 Questions — 19 January 2010. Written Answers

[Deputy Caoimhghín Ó Caoláin.] and publication of official documents and reports by his Department; the number of reports published by his Department which have cited this website as a source, a footnote, a biblio- graphical reference or otherwise, to date; the names of these reports; and if he will make a statement on the matter. [1185/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that my Department has no official policy in relation to the website concerned. As part of an overall duty of care, those drafting documents in my Department exercise a responsible approach when accessing and considering web based information resources. With regard to the number of reports which have cited the website as a source the Deputy should note that this information is not readily available and could only be compiled by the disproportionate expenditure of staff resources relative to the information required.

Asylum Applications. 575. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [1219/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum in The Netherlands in September 2008. However, on examination of his personal documentation, it became known to the Dutch authorities that he had been granted a Visa to visit Ireland earlier that year, valid from 11 August 2008 to 10 November 2008. In light of this finding, a process was commenced to have the person concerned transferred to Ireland under the provisions of the Dublin II Regulations and he was formally transferred on 18 December 2008 and then formally claimed asylum in this State on 19 December 2008. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 19 August, 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations setting out reasons why a Deportation Order should not be made against him. He was also advised of his entitlement to submit an application for Subsidiary Protection. The person concerned submitted an application for Subsidiary Protection and also submitted written representations to be considered under Section 3 of the Immigration Act 1999 (as amended). Following consideration of the information submitted, the application for subsidiary protection was refused. The person concerned and his legal representative were notified of this decision by letter dated 5 October 2009. His case was then considered under Section 3(6) of the Immigration Act 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended), on the Prohibition of Refoulement. Consideration was given to representations submitted on his behalf for permission to remain in the State. On 15th October, 2009, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served requiring the person concerned to leave the State by 14th November, 2009. Further representations were submitted on behalf of the person concerned requesting that the Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following consideration of the information submitted the

312 Questions — 19 January 2010. Written Answers

Deportation Order was affirmed and the person concerned and his legal representative were notified of this decision by letter dated 5th January, 2010. Notice of the affirmed order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday, 12th January, 2010 in order to make travel arrangements for his removal from the State. The person concerned failed to present as required and was classified as evading his deportation. Should he come to the notice of the Gardaí, he would be liable to arrest and detention. He should, therefore, present himself to the GNIB without any further delay. I am satisfied that the applications made by the person concerned for asylum, for subsidiary protection, and for temporary leave to remain in the state, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation order is an operational matter for the Garda National Immigration Bureau.

Garda Security Escorts. 576. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [1220/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am advised by the Garda authorities that there are no records of any escort being officially sanctioned by Garda management or being provided by An Garda Síochána as outlined in this question. Guidelines for the provision of escorts are the subject of strict consideration of all the circumstances surrounding the request including emergency, security etc, and can only be sanctioned by senior management.

Departmental Expenditure. 577. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in Budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1260/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The recommendations in the Special Group Report (McCarthy) have been taken into account in the budget negotiations for 2010 for the Justice Sector. The proposed savings in the Report in respect of the Justice Sector were €136.4 million. In monetary terms a significant proportion of the recommendations (€84 million) related to reductions in payroll costs on items such as allowances payable to members of the Garda Síochána and the Prisons Service. In common with all Departments, there will be reductions in payroll related provisions in 2010 to take account of the reductions in payroll rates and other factors. While final figures in this respect for the Justice Sector will be included in the Revised Estimate Volume (REV) for 2010, based on the reductions in payroll rates alone, it is expected that at a minimum the €84 million saving in payroll McCarthy Report will be achieved in 2010. In addition to these payroll reductions, the budgets in a number of programme subheads have also been reduced to deliver the level of savings required by Government. A number of theses reductions are also in line with the recommendations of the McCarthy Report. These amount to reductions of €6.92 million across a range of programme subheads which include Gender Mainstreaming, Graffiti Removal Operations, Equality Monitoring Consulta-

313 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] tive Committees, European Refugee Fund and Refugee Integration. The McCarthy Report recommended a total reduction of some €5 million in respect of these particular items. A number of recommendations were made by the McCarthy Group on structural reform and rationalisation across the Justice and Equality Sector. Decisions in respect of many of these recommendations will be a matter for decision by Government in due course and expenditure reductions that may arise will be included in the budget for the Sector in future years. While it was never the intention that the full €134 million reduction recommended in the McCarthy report would be delivered in 2010, significant progress in this regard has been made. This is through a combination of the recommendation in the report and other measures being taken as part of the Governments budgetary policy.

Compensation Claims. 578. Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the number of legal actions for compensation taken against the State and An Garda Síochána, jointly or separately, for each of the years 2005, 2006, 2007, 2008 and 2009 analysed by case type (details supplied); the amounts of settlements paid to date in each year for the number of cases now concluded; and if he will make a statement on the matter. [1288/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of legal actions for compensation taken against the State arising from the conduct of members of An Garda Síochána broken down by category as requested is set out in the following Table 1.

Table 1: New cases

Category 2005 2006 2007 2008 2009

Assault 46 46 39 39 35 Unlawful Arrest 18 24 29 21 20 Other 45 69 73 89 69

Total 109 139 141 149 124

The information requested by the Deputy on compensation paid in respect of legal actions against members of the Garda Síochána for the period from 2005 to 2008 is available on my Department’s website. Provisional figures for 2009 are set out in Table 2.

Table 2: Amounts and number of cases concluded

The number of cases involved is shown in brackets

Assault Unlawful Arrest Other

2009 provisional Awards Nil Nil €30,610.74 (2) Settlements €317,200.00 (18) €390,650.00 (11) €888,693.98 (18) Costs €656,881.34 (13) €280,600.24 (13) €2,397,998.80 (52)

Total €974,081.34 €671,250.00 €3,317,302.70 €4,962,634.00

Community Projects Funding. 579. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the funding allocations for probation projects, often called community projects, for all counties in the midlands and west. [1289/10] 314 Questions — 19 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can advise the Deputy that in 2009 my Department, through the Probation Service, provided funding to projects operating in the Midland and West region as listed in the following table. The grant allocation for 2010 has not yet been decided.

Project Name Location Current Adult/Youth Funding €

Bushypark/Clarecare Clare 85,000 Adult Ballinasloe Training Workshop Galway 170,000 Adult Cuan Mhuire Coolarne Galway 45,000 Adult Dochas Don Oige Galway 246,000 Youth Tuam Community Training Workshop Tuam 190,000 Adult Aiseiri Cahir 85,000 Adult Clonmel Youth Training Clonmel 90,000 Adult *Nenagh Community Reparation Nenagh 40,000 Adult Stepping Out Athlone 230,000 Adult Le Chéile Nationwide** 964,000 Youth Linkage Nationwide** 1,470,000 Adult MOVE Nationwide** 25,000 Adult * The Nenagh project also received a capital grant of 2,346.26 in 2009. ** Nationwide figure.

Immigration Controls. 580. Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform if he has identified evidence of marriages here whose purpose appears to be to circumvent Irish immigration laws; the number of such marriages in recent years; the trends involving particular nationalities; and if he will make a statement on the matter. [1291/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Marriages of convenience for the purpose of circumventing normal immigration controls are experienced not just here in Ireland, but by immigration jurisdictions worldwide. The contracting of marriages in order to gain an immigration advantage represents a significant challenge to immigration authorities. This has been clearly recognised in international instruments such as the “European Union Directive No. 2004/58 on the Rights of Citizens of the Union and their Family Members to Move and Reside Freely within the European Union”, which identifies marriages of convenience as an abuse of the rights contained in that Directive. Marriages of convenience are of their very nature difficult to detect. Final determination as to the validity of marriage based claims in this area can only be made after an in depth examination of the particular circumstances of each individual case. The Irish Naturalisation and Immi- gration Service of the Department of Justice Equality and Law Reform has growing experience of marriages being entered into for the sole purpose of enabling the foreign national spouse to enter and/or remain in the State. The fact that, in many cases where a suspicion arises as to the bona fides of the marriage, the foreign national may in fact be unlawfully in the State or residing in the State on the basis of a temporary or limited permission is a significant factor in this regard. While it is not possible to provide definitive statistics on the number of bogus marriages/marriages of convenience, information available suggests that there are significant numbers of cases where such an inference can be drawn. With regard to applications for resi- 315 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] dence on foot of marriage to a Union citizen approximately 30% of those cases involved persons who were illegally present in the State or on a temporary or limited permissions thereby giving rise to a suspicion that the marriage is one of convenience for the purpose of circumventing immigration controls. Further indicators of a problem are to be found in highly unusual patterns of marriages and intelligence in relation to inducements being offered in certain Euro- pean Union Member States for their nationals to marry third country nationals. The Deputy may also wish to note that, with regard to applications for residence on the sole basis of marriage to Irish nationals, 49 applications were refused in 2009 on the basis that the Spouse of Irish National Section in my Department were satisfied that the applicants did not meet the terms of the scheme covering residence on foot of marriage to an Irish Citizen.

581. Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform the number of non EU nationals who have applied in each of the years 2004, 2005, 2006, 2007, 2008 and 2009 for residence here by virtue of being married to a non Irish EU citizen; and if he will make a statement on the matter. [1311/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The statistics requested by the Deputy are set out in the following table.

Year Applications received on basis of marriage to an EU National

2006 1,207 2007 1,928 2008 1,798 2009 2,116

It is not possible to specify the number of applications on the basis of marriage to a non Irish EU citizen from the figures available for the years 2004 and 2005.

Public Order Offences. 582. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform his plans to introduce new laws to prohibit vagrancy and begging in public places; and if he will make a statement on the matter. [1324/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I plan to bring new legislation on begging to Government for its approval to publish. The new legislation arises from and will take account of the High Court judgement in the Dillon case. The Court held in that case that the current law, i.e. Section 3 of the Vagrancy (Ireland) Act 1847, was unconstitutional.

Garda Strength. 583. Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform the number of gardaí in Cork City and county at the rank of sergeant, inspector, superintendent, chief superintendent and assistant commissioner who have retired since 1 January 2009 by division; and the number of the resulting vacancies which have been filled. [1330/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the personnel strength of the three divisions in Cork, as at 31 December 2008 & 2009 and the retirement figures for 2009 was as set out in the following table. 316 Questions — 19 January 2010. Written Answers

Year A/Comm C/Supt Supt Insp Sgt

CORK CITY

Strength 31/12/2008 1 1 6 14 106 Strength 31/12/2009 1 1 5 11 102 Retirements in 2009 01136

CORK WEST

Strength 31/12/2008 015643 Strength 31/12/2009 004639 Retirements in 2009 00104

CORK NORTH

Strength 31/12/2008 014449 Strength 31/12/2009 014543 Retirements in 2009 00004

Garda Complaints Procedures. 584. Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform if and when a person is the subject of a complaint to An Garda Síochána and the person believes the complaint to be false and malicious, to whom the person will go to have the complaint reviewed; and if he will make a statement on the matter. [1344/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 12 of the Criminal Law Act 1976 provides that a person who (a) knowingly makes a false report or statement tending to show that an offences has been committed, whether by himself or some another person, or tending to give rise to apprehension for the safety of persons or property, or (b) knowingly makes a false report or statement tending to show that he has information material to any inquiries by the Garda Síochána and thereby causes the time of the Garda Síochána to be wastefully employed, shall be guilty of an offence. In circumstances where a complaint is made by a person to An Garda Síochána in respect of an offence under these provisions or An Garda Síochána suspect with reasonable cause that such an offence has been committed, An Garda Síochána will investigate the matter.

Road Traffic Offences. 585. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [1416/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the location referred to by the Deputy is a public place under the provisions of the Road Traffic Acts 1961 — 2006 and is patrolled by the Garda Traffic Corps. Any incidents reported to or observed by members of An Garda Síochána in respect of the use of a vehicle in a public place are the subject of investigation, and the offender is dealt with in accordance with the law. An Garda Síochána is the sole authority vested with the investigation of such allegations.

317 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.]

I am also informed that the Garda authorities have been in contact with the person referred to by the Deputy and have asked him to make contact with the Inspector in charge, Divisional Traffic Unit, Santry, in order that his complaint can be fully investigated.

Residency Permits. 586. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare in possession of a residency card from Belgium may use this card to stay within another EU states; and if he will make a statement on the matter. [1419/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A person in possession of a Residence Card from another Member State is not automatically entitled to reside in this State on that basis. I am informed by the Immigration Division of my Department that the person concerned made an application for residence in the State based on marriage to an EU National on 31 July 2009 pursuant to EU Directive 2004/38/EC and SI 656/2006 European Communities (Free Movement of Persons) (No.2) Regulations, 2006 as amended. This application was refused on the 23 December 2009 on the basis that the person concerned failed to provide sufficient evidence that her EU National spouse was exercising his EU Treaty Rights in this State. It is open to the person concerned to request a review of this decision in accordance with Regulation 21 of the Regulations.

Crime Levels. 587. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the number of robberies reported in the Clare garda division for 2009; the number of armed robberies for the same period; the number of robberies detected for the same period; and if he will make a statement on the matter. [1432/10]

Residency Permits. 588. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the case of a person (details supplied) in County Kerry on humanitarian and compassionate grounds; and if he will make a statement on the matter. [1444/10]

591. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the case of a person (details supplied) in County Kerry on humanitarian and compassionate grounds; and if he will make a statement on the matter. [1447/10]

654. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the full circumstances in the case of a person (details supplied) in County Kerry; if he has views on the supporting documentation indicating integration into

318 Questions — 19 January 2010. Written Answers the local community, involvement in youth work, participation in cultural and educational facilities and have earned a high regard in the community in which they reside and the certified medical evidence indicating serious female mutilation and abuse; if his further attention has been drawn to the likelihood that their daughter will suffer the same fate if returned to the homeland; if he will use his discretionary powers having regard to all the information presently available to his Department with a view to ensuring an extension of leave to remain on emergency, compassionate or humanitarian grounds; and if he will make a statement on the matter. [2193/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 588, 591 and 654 together. I refer the Deputy to my written answer to Parliamentary Question No. 327 on 24 November 2009, wherein I outlined the background of the application of the first person that the Deputy enquires about. It was determined on 8 December 2009 that no grounds had been put forward by the applicant which would warrant me to exercise my discretion to consider an application for Subsidiary Protection in accordance with Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned was notified of this decision on 15 December 2009. The second person that the Deputy enquires about is the minor son of the first individual who was born in the State on 14 January 2005, and as such is not an Irish citizen. An application for asylum was made on his behalf on 3 November 2005. The Refugee Applications Com- missioner recommended that this child should not be declared a refugee. The recommendation was upheld by the Refugee Appeals Tribunal. This decision was subsequently the subject of judicial review proceedings, which were ultimately withdrawn on consent. The application for asylum was refused. An application for Subsidiary Protection was considered and refused on 8 December 2009. A Deportation Order was made in respect of this child on 8 December 2009. Judicial review proceedings were instituted on 21 December 2009 challenging the refusal to consider an application for Subsidiary Protection from the first person concerned and the decision to refuse Subsidiary Protection and make a Deportation Order in respect of the second person concerned. As the matter is sub judice, I cannot comment further.

Asylum Applications. 589. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [1445/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 1 September 2005. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in the United Kingdom and, as such, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having her asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 3 November 2005. This Order was served on the person concerned which placed a legal obligation on her to present herself at the Offices of the Garda National Immigration Bureau (GNIB), on Monday 21 November 2005, to make arrangements for her formal transfer to the United Kingdom. The person concerned failed to ‘present’ on this occasion and was therefore classified as having ‘evaded’ her transfer. The person concerned became illegally resident in this State at that time.

319 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.]

The person concerned continued to evade her transfer with the consequence that the Transfer Order expired leaving Ireland responsible for processing her asylum application. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having her asylum claims investigated. As part of this process, the person concerned was invited to attend for interview at that Office, on a designated date and time, but she failed to attend. Neither did she offer any explanation for her non-attendance. As a result, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was conveyed in writing to the person concerned by letter dated 13 June 2007. This communication also notified the person concerned that, in accordance with the provisions of Section 13(2)(c) of the Refugee Act 1996 (as amended), there was no appeal against this recommendation. Arising from the recommendation of the Refugee Applications Commissioner, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 April 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should not have a Deportation Order made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits. 590. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the residency or leave to remain and work here in the case of a person (details supplied) in Dublin 16; and if he will make a statement on the matter. [1446/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 224 of Wednesday 02/12/2009, and the written reply to that question. The person concerned is illegally present in the State and has no entitlement to work or reside here. She has made an application to return to her home country through the Voluntary Return programme run by the International Organisation for Migration and this application has been accepted by my Department.

Question No. 591 answered with Question No. 588.

320 Questions — 19 January 2010. Written Answers

Deportation Orders. 592. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the decision to deport in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [1448/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my detailed reply to Dail Question number 200 of 26th November, 2009. I am satisfied that the applications made by the person concerned for asylum, for subsidiary protection, and for temporary leave to remain in the state, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. However, if new information or circumstances have come to light, which have a direct bearing on his case and which have arisen since the original decision to deport was made, there remains the option of applying to me for revocation of his Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

Residency Permits. 593. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency or citizenship in the case of a person (details supplied) in County Kildare; when the stamp four will be updated in line with employment requirements; and if he will make a statement on the matter. [1449/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned has had her Leave to Remain in the State extended for a six month period to 18 January 2010. This decision was conveyed to her by letter dated 21 December 2009.

Asylum Applications. 594. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [1450/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 664 of Tuesday, 6 October 2009, and the written Reply to that Question. The up to date position is that the representations submitted by the person concerned as to why a Deportation Order should not be made in respect of him are currently being considered in my Department. This consideration will have regard for the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Once this consideration has been completed, the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Ethics in Public Office. 595. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the

321 Questions — 19 January 2010. Written Answers

[Deputy Fergus O’Dowd.] details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1514/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As a Member of Dáil Éireann I am aware of and comply with the necessary declarations under the Ethics Acts. Details of all declarable items /benefits are available on the appropriate websites of the Stan- dards in Public Office Commission and the Houses of the Oireachtas.

Crime Prevention. 596. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [1528/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the area referred to is in the Santry Garda District. Local Garda management is aware of difficulties being experienced by residents in the area as a result of anti-social behaviour and has introduced a District strategy targeting this type of activity. I am also informed that an active Neighbourhood Watch Scheme is in place and that the local community Garda attends its meetings. Any issues arising are addressed. In addition, a monthly information clinic is run in conjunction with the local authority for residents in the area, aimed in particular at older residents. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing Unit, the Garda Mountain Bike Unit and the District Detective and Drug Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel. Persons and vehicles are regularly stopped and searched in the area, and a number of persons have been arrested in relation to public disorder incidents and other anti-social behaviour in the area. Where offences are detected, offenders are dealt with by way of caution, fixed charge penalty notices or the initiation of criminal proceedings. Local Garda management closely monitors patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. Community policing is a central feature of the policing plans. This strategy is central to the delivery of the policing service to the area in question.

Prisoners’ Hardship Fund. 597. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if an allowance or payment was made to prisoners prior to Christmas 2009; if so, the amount and purpose of the allowance or payment; and if he will make a statement on the matter. [1543/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Director General of the Irish Prison Service that all prisoners are statutorily entitled to a daily gratuity. The current rate of gratuity payable is €2.35 per day. In accordance with the Prison Rules, 2007, additional gratuity may be paid to prisoners engaged in authorised structured activity.

322 Questions — 19 January 2010. Written Answers

In addition, the Irish Prison Service has operated a Prisoner’s Hardship Fund since 2006, from which each institution is allocated a specific budget in December of each year. This scheme replaced the previous arrangement, whereby the Probation Service allocated annual grants to each institution each December. The purpose of the scheme is to provide a fund from which Governors can make modest payments to prisoners and their families in need of assistance. The award criteria to be applied and the amounts to be awarded to individual prisoners are at the discretion of the senior Governor in each institution. The Hardship Fund itself is primarily financed through the profits from prisoner purchases in tuck shops operating across the Irish Prison Service estate. Funding is only sourced from the Prisons Vote in institutions where tuck shop profits are not sufficient. In December 2009, allocations were made from the Hardship Fund to all institutions. A figure for the total payments made to prisoners under the 2009 scheme is not yet available because returns have yet to be received from individual institutions. The information will be forwarded to the Deputy as soon as it is available.

Residency Permits. 598. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process renewal of temporary leave to remain in the State under Section 3 of the Immigration Act 1999, as amended; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to speed up the processing time; and if he will make a statement on the matter. [1555/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Persons granted Leave to Remain in the State under Section 3 of the Immigration Act 1999 (as amended) are required to apply to the Minister for the renewal of such permission before the period of permission expires. All applications for renewal of Leave to Remain have to be considered on their individual merits in order to ascertain whether the persons in question have complied with the conditions attaching to their Leave to Remain. This, of necessity, requires checks to be made with other State entities. The average waiting time for the processing of such applications is one to three months. The Deputy might wish to note that statistical data is not available for the renewal of Leave to Remain in the State, because this information cannot be disaggregated from the original grant of leave to remain. The Deputy might also wish to note that such applications are generally approved save in circumstances where the applicant has been involved in criminality or where evidence is available that the applicant was granted Leave to Remain in the State on the basis of false or misleading information.

599. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications for temporary leave to remain in the State under Section 3 of the Immigration Act 1999, as amended; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to speed up the processing time; and if he will make a statement on the matter. [1556/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In the interests of clarity, the Deputy might wish to note that there is no such thing as an ‘application for leave

323 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] to remain’ but what has become known as ‘an application for leave to remain’ is the submission of written representations to the Minister against the making of a Deportation Order, pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended). In all such cases, before a decision is made by the Minister, consideration is given to the eleven separate headings set out in Section 3(6) of that Act, the provisions of Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement and other relevant legal and constitutional provisions. The ultimate decision of the Minister is to make a Deportation Order or to grant Leave to Remain in the State. At 31 December 2009, 12,076 cases were recorded as awaiting a decision of this nature. However, this figure includes the approx. 3,000 cases where applications for Subsidiary Protec- tion in the State have been submitted by the same persons. Where an application for Subsidiary Protection in the State has been submitted in addition to representations against the making of a Deportation Order, the Subsidiary Protection application must first be considered. Indications are that many of those whose cases are recorded as awaiting a decision under Section 3 of the Immigration Act 1999 (as amended) may already have left the State without notifying my Department of their having done so. The Deputy will appreciate that the consideration of cases under Section 3 of the Immi- gration Act 1999 (as amended) is a resource intensive process. It is not, however, possible to provide an average waiting time for the processing of such cases primarily because no two cases will be the same in terms of their nature or complexity. However, the Deputy can be assured that strenuous efforts have been made and continue to be made to ensure that such cases are processed to finality as promptly as possible. To this end, additional staff members have been deployed to the area and investment has been made in the development of technology required to support the processing of such cases. The accompanying table sets out the other statistical information requested by the Deputy.

Section 3 based statistics for 2009

Category Total

New Section 3 cases* 4,924 Section 3 cases decided where Leave to Remain was granted 659 Section 3 cases decided where a Deportation Order was made 1,077 *New Section 3 cases are deemed to be those where persons were issued with a notification of intention to deport following the rejection of their asylum claims or where they became otherwise illegal in the State e.g. arising from the expiry of a Work Permit or a Work or Study Visa.

600. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process renewal of temporary leave to remain in the State under the Irish born child 2005 scheme; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to speed up the processing time; and if he will make a statement on the matter. [1557/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that persons granted permission to remain in the State under the IBC/05 Scheme were, subject to a renewal application having been received and approved, granted a further three year extension of their permission to remain, in 2007. Therefore, as such persons were granted permission to remain until 2010, the issue of renewal did not arise in 2009. 324 Questions — 19 January 2010. Written Answers

Furthermore, I wish to advise the Deputy that renewal applications received in 2007 were, in general, processed within two weeks of a completed application form for renewal, accompanied by adequate supporting documentation, being received in my Department. I should add that the closing date for receipt of applications under the IBC/05 Scheme was 31 March, 2005. Since the termination of the Scheme, there is no free-standing right of any person to apply for permission to remain in the State on the sole basis of parentage of a child born in Ireland.

Deportation Orders. 601. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications for revocation of deportation orders under section 3 of the Immigration Act 1999, as amended; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to speed up the processing time; and if he will make a statement on the matter. [1560/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The revocation of a Deportation Order may be sought pursuant to the provisions of Section 3 (11) of the Immi- gration Act 1999, as amended. However, the Deputy should note that any such application would need to be supported by substantial and compelling new grounds in order to have a chance of being successful. The average waiting time for the processing of such applications is four to six weeks, however, it can occasionally take longer where there are particularly complex issues associated with an individual application. The Deputy might wish to note that records of incoming Section 3 (11) applications are not maintained in a manner as would enable me to advise him on the number of such applications which were received in 2009. However, the table sets out the numbers of such applications which were approved and rejected in 2009. The Deputy should note also that because the turnaround time for such applications is quite short, the number of such applications awaiting a decision at present is very small.

Section 3(11) application statistics for 2009

Category Total

Section 3(11) applications granted 58 Section 3(11) applications refused 335

Total Section 3(11) applications considered 393

Asylum Applications. 602. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications for subsidiary protection in accordance with the European Communities (Eligibility for Protection) Regulations; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1561/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Subsidiary Protec- tion under the provisions of the European Communities (Eligibility for Protection) Regu- lations, 2006 is a form of international protection offered to those persons who do not meet the criteria for recognition as a refugee but who nonetheless claim a risk of serious harm in 325 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] their country of origin if repatriated there. Each application for Subsidiary Protection in the State is considered on the basis of its individual merits, having regard for the claims made by the applicant and measured against objective, reputable, up to date information relating to the applicant’s country of origin. Against this background, the Deputy will appreciate that the consideration of applications for Subsidiary Protection is a resource intensive process. The average waiting time for the processing of such applications is 8.7 months, based on decisions made on such applications in 2009. However, due to the high number of applications being received and the fact that no two applications will be the same in terms of their nature and complexity, the processing times can vary from case to case. Every effort is being made to ensure that applications for Subsidiary Protection are processed as promptly as possible. Additional staff members have been deployed to this area and investment has been made in the development of technology required to support and speed up the processing of these applications. At 31 December 2009, there were 2,996 Subsidiary Protection applications awaiting a decision. The table below sets out the other statistical information requested by the Deputy.

Subsidiary Protection (SP) statistics for 2009

Category Total

SP applications received 2,089 SP applications granted 24 SP applications refused 653

603. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications in accordance with section 4(2) of the European Communities (Eligibility for Protection) Regulations for admittance into the subsidiary protection process; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1562/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations — Statutory Instrument No. 518 of 2006 — relates to my discretion to accept and consider an application for Subsidiary Protection from persons who do not have an automatic entitlement to apply for Subsidiary Protection i.e. persons in respect of whom Deportation Orders were signed before the coming into force of the Regulations on 10 October, 2006. In such cases, I may exercise discretion pursuant to Regulation 4(2) of these Regulations to accept and consider an application for Subsidiary Protection in instances where an individual has identified new facts or circumstances which demonstrate a clear change of position from that which obtained at the time the Deport- ation Order was made. The average waiting time for the processing of such applications is four to six weeks, however, it can occasionally take longer where there are particularly complex issues associated with an individual application. The Deputy might wish to note that records of incoming Regulation 4(2) applications are not maintained in a manner as would enable me to advise the Deputy of the numbers of such applications which were received in 2009 or indeed are awaiting a decision at present. However, 326 Questions — 19 January 2010. Written Answers given that the turnaround time for such applications is quite short, the number of such applications awaiting a decision at present is very small. The table sets out the number of decisions made on such applications in 2009, broken down by reference to those applications which were approved and rejected.

Subsidiary Protection statistics under Regulation 4(2) for 2009

Category Total

Total Regulation 4(2) Applications considered 39 Regulation 4(2) Applications approved 15 Regulation 4(2) Applications rejected 24

604. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications for readmittance to the asylum process under section 17(7) of the Refugee Act, 1996, as amended; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1563/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The average processing time for applications for readmittance to the asylum process under Section 17(7) of the Refugee Act 1996, is four weeks, from the date of receipt of all relevant information by the Ministerial Decisions Unit, of my Department. From January 2009 to December 2009, 102 applications were considered, of which 19 applicants where readmitted to the asylum process and 83 applicants were unsuccessful. There are 8 cases on hand awaiting processing.

Visa Applications. 605. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process visas; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1564/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Visa applications are processed as speedily as possible having regard to the numbers on hand and the resources available to process them. Although the INIS website advises applicants to allow six to eight weeks for visa applications to be processed, in fact most applications are processed much faster than that. In my Department’s dedicated overseas visa offices, most applications are typically processed in 2 — 3 weeks, often in 2-5 days for very straightforward short stay visas. Appli- cations referred to Dublin are generally being turned around within 10 — 15 days of receipt in Dublin and, again, very straightforward applications for short stay visas are often processed in 2-5 days.This figure for applications processed in Dublin does not include the time the application has spent in transit to Ireland, often up to 2 weeks or more, depending on the place of origin of the application. While statistics have yet to be finalised for 2009, approximately 65,500 visas were granted and 10,700 were refused. At the end of December 2009, 1,886 Irish visa applications and 233 appeals against visa refusals were in transit or awaiting decision worldwide.

606. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process re-entry visas; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1565/10] 327 Questions — 19 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Applicants who call to the Public Office in person for re-entry visas are dealt with on a same day basis. Alterna- tively a postal application for a re-entry visa can be made and such applications are dealt with within four working days. In 2009, re-entry visa applications received numbered 57,413. Of these applications 2 were rejected.

Residency Permits. 607. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process EU treaty rights applications for residence by non-European Economic Area family members of EU or EEA citizens, EU Directive 2004/38/EC and SI 656/2006 refers; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1566/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that all applications for residence in the State on the basis of EU Treaty Rights by non-EEA family members of EU or EEA citizens are currently being processed within the six month statutory time frame set out in Directive 2004/38/EC as implemented in Ireland by Statutory Instrument 656/2006 as amended by Statu- tory Instrument 310/2008. The EU Treaty Rights Statistics requested by the Deputy in respect of the year 2009 are set out in the table.

Year Decision Type Total

2009 Approved 1,541 Refused 957 Withdrawn 52 Not Accepted 90 Awaiting Decision 1,161

608. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process married to an Irish national applications from non-European Economic Area national spouses of Irish nationals for residence here on the sole basis of their marriage; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1567/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): While marriage to an Irish national by a non EU national does not convey any automatic right to reside in the State, if a non EU national spouse of an Irish national was already legally resident in the State prior to the marriage, then he or she can make a request to the local Registration Officer for a change of their immigration status to reflect their marriage to that Irish national. If, however, the non EU national has no legal status or is an asylum seeker in the State at the time of the marriage, he or she may make an application to the Spouse of Irish National Unit, Immigration Services Section, Irish Naturalisation & Immigration Service, 13/14 Burgh Quay, Dublin 2 seeking permission to reside in the State on that basis. I am informed by the Immigration Services Section of the Irish Naturalisation and Immi- gration Service that applications of this type are currently taking 6 — 7 months to process. 328 Questions — 19 January 2010. Written Answers

The processing time for dealing with such applications can vary depending on the particular circumstances of each individual case and the nature of the investigation required. This processing time meets our current expectations and in fact in the High Court Case ofKM&D G -v- The Minister for Justice, Equality and Law Reform (2007 No. 321 J.R.) Justice John Edwards held that a period of between 9 and 12 months was reasonable for the making of such decisions. At the end of December 2009 there were 149 applications on hand. Applications are dealt with as quickly as possible having regard to the nature of the application and overall resources across the full range of services provided by the Irish Naturalisation and Immigration Service. The table outlines the figures for the past 12 months in respect of applications processed by the Spouse of Irish National Unit.

Month Received Approved Refused

January 24 42 9 February 38 38 1 March 47 70 1 April 32 38 5 May 44 28 4 June 37 43 7 July 52 38 8 August 38 45 2 September 37 34 1 October 46 33 3 November 55 31 6 December 36 32 3

Overall 486 472 *50 *1 Application withdrawn not refused.

609. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process business permission applications from non-European Economic Area nationals for permission to reside in the State for the purposes of establishing and operating a commercial business; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1568/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that applications for Business Permission are currently taking 5-6 weeks to process on receipt of fully completed applications. Applications are dealt with as quickly as possible having regard to the nature of the application and overall resources across the full range of services provided by the Irish Naturalis- ation and Immigration Service. At the end of December 2009 there were 10 applications on hand awaiting decision. The table outlines the figures for the past 12 months in respect of applications processed by the Business Permission Unit.

329 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] Business Permission Applications 2009

Month Received Approved Refused Abandoned

January 7743 February 15 11 3 4 March 18 2 14 3 April 21 9 17 3 May 18 7 11 0 June 9 4 12 0 July 12660 August 10320 September 10751 October 21680 November 16 10 7 0 December 7 14 1 0

Overall 164 86 90 14

Refugee Status. 610. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process travel documents, 1951 convention travel documents, issued to persons granted a declaration of refugee status here under section 17(1) Refugee Act 1996 and programme refugees; the average waiting time to process temporary travel documents that may issue in specific emergency circumstances; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1569/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that applications for Travel Documents are currently taking 5-6 weeks to process on receipt of fully completed applications. Applications are dealt with as quickly as possible having regard to the nature of the application and overall resources across the full range of services provided by the Irish Naturalis- ation and Immigration Service. At the end of December 2009 there were 59 applications on hand awaiting decision. The table outlines the figures for the past 12 months in respect of applications processed by the Travel Document Unit.

Month Received 2009 Approved 2009 Refused 2009

1951 Temporary 1951 Temporary 1951 Temporary Convention Travel Convention Travel Convention Travel Travel Document Travel Document Travel Document Document Document Document

JAN 284 128 296 55 0 54 FEB 315 161 267 60 0 85 MAR 447 117 407 40 0 65 APR 505 195 574 25 1 177

330 Questions — 19 January 2010. Written Answers

Month Received 2009 Approved 2009 Refused 2009

1951 Temporary 1951 Temporary 1951 Temporary Convention Travel Convention Travel Convention Travel Travel Document Travel Document Travel Document Document Document Document

MAY 495 99 330 23 0 82 JUN 619 217 513 105 3 19 JUL 539 247 680 256 0 14 AUG 345 158 418 111 0 43 SEP 292 122 355 72 0 145 OCT 352 77 337 51 4 65 NOV 395 116 412 51 6 69 DEC 293 153 283 47 1 31

Overall 4,881 1,790 4,872 896 15 849

Immigration Clearance Letters. 611. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process foreign adoption immigration clearance letters issued in respect of approved foreign adoptions; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1570/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that applications for an Immigration Clearance Letter in respect of a Foreign Adoption are currently taking 5 working days to process on receipt of fully completed applications. At the end of December 2009 there were no applications on hand awaiting decision. The table outlines the figures for the past 12 months in respect of applications processed by the Foreign Adoption Unit.

Immigration Clearance Letter Applications Processed 2009

Month Received Approved Refused

January 79 79 0 February 81 67 0 March 86 98 0 April 63 65 0 May 61 61 0 June 49 49 0 July 63 58 0 August 53 58 0 September 45 45 0 October 45 45 0 November 54 54 0 December 50 50 0

Overall 729 729 0

331 Questions — 19 January 2010. Written Answers

Residency Permits.

612. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process Irish-born child pre-2003 family dependant applications made by non-European Economic Area nationals granted residence under pre-2003 conditions for residence here for specified minor family dependants; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to speed up the processing time; and if he will make a statement on the matter. [1571/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that no applications for permission to remain in the State under the pre-2003 arrangements for the parents of Irish citizen children are currently outstanding in my Depart- ment. I should add that renewal of permission to remain in the State for such persons is granted by the Garda National Immigration Bureau and accordingly, there is no requirement for such applicants to contact my Department unless their circumstances have changed since the granting of their most recent permission to remain.

With regard to family dependents of persons in the category above, I am advised by my officials that 117 applications were received and granted in 2009. Such applications were, in general, processed within one week of the appropriate supporting documentation being received in my Department and all such applicants were granted permission to remain in the State. The permission granted is on the basis that the applicant is part of a family unit where the parent(s) of that unit have been granted residency in the State, and applicants are required to provide evidence to that effect.

A further 199 applications for permission to remain in the State were received from persons whose circumstances necessitated that they contact my Department (primarily due to the break up of their marriages). All of these applications were granted and, in general, were processed within one week of receipt of appropriate documentation.

613. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications for a change of status by non-European Economic Area nationals granted a particular permission to remain here and seeking an alternative residency status; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1572/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding applications made by non-EEA nationals seeking a change of status are outlined in the following table.

332 Questions — 19 January 2010. Written Answers

Change of Status

Processing time of application Approximately 8 months Number of applications received in the past 12 months 401 Number of applications awaiting decision 209 Number of applications approved in the last 12 months 93 Number of applications rejected in the last 12 months 35

As the Deputy will appreciate, the processing time for dealing with such applications can vary depending on the type of application involved and the particular circumstances of the individual concerned. In all instances, processing arrangements are kept under ongoing review and steps are taken to ensure that applications are dealt with as quickly as possible having regard to overall resources across the full range of services provided by the Irish Naturalisation and Immi- gration Service.

614. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications by non-European Economic Area nationals in a relationship with an Irish or non-EEA national and seeking permission to remain here on that basis; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1573/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding non-EEA nationals who are in a relationship with an Irish or a non- EEA national and seeking permission to remain on that basis are outlined in the following table.

De-facto relationship De-facto relationship with IrishNational with Non-EEA National

Processing time of application 1 to 2 weeks 1 to 2 weeks No. of applications received in past 12 months 577 13 No. of applications awaiting decision 73 6 No. of applications approved in past 12 months 400 3 No. of applications rejected in past 12 months 40 3

Applications for de-facto relationships are dealt with once they are received in the General Immigration Division, and a decision is made once the division receives the appropriate documentation supporting the relationship.

615. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications by non-European Economic Area nationals previously granted permission to study and who are seeking an extension of student conditions; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1574/10] 333 Questions — 19 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding applications made by non-EEA nationals seeking an extension of student conditions are outlined in the following table.

Extension of student conditions

Processing time of application Approximately 12 months Number of applications received in the past 12 months 223 Number of applications awaiting decision 162 Number of applications approved in the last 12 months 25 Number of applications rejected in the last 12 months 19

616. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications pertaining to non-European Economic Area nationals previously granted permission to remain here as a visitor and seeking an extension of those conditions; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1575/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding applications made by non-EEA nationals seeking an extension of visitor conditions are outlined in the following table.

Extension of visitor conditions

Processing time of application Approximately 1 month Number of applications received in the past 12 months 413 Number of applications awaiting decision 82 Number of applications approved in the past 12 months 115 Number of applications rejected in the past 12 months 125

617. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications pertaining to non-European Economic Area nationals previously granted permission to remain here on work permit conditions and who are seeking extension of those conditions; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1576/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding applications made by non-EEA nationals seeking an extension of their permission to remain in order to apply for a work permit or an extension of their work permit are outlined in the following table.

Extension of work permit conditions

Processing time of application Approximately 2-3 months Number of applications received in the past 12 months 288 Number of applications awaiting decision 128 Number of applications approved in the past 12 months 118 Number of applications rejected in the past 12 months 10

618. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications pertaining to persons admitted here for various reasons and subsequently seeking permission to remain for medical treatment; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1577/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding applications made by non-EEA nationals seeking permission to remain for medical treatment are outlined in the following table.

Permission to remain for medical treatment

Processing time of application Approximately 2-3 months Number of applications received in the past 12 months 8 Number of applications awaiting decision 3 Number of applications approved in the past 12 months 4 Number of applications rejected in the past 12 months 1

335 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.]

As the Deputy will appreciate, the processing time for dealing with such applications can vary depending on the type of application involved and the particular circumstances of the individual concerned. A decision is made once the division receives the appropriate documentation. In all instances, processing arrangements are kept under ongoing review and steps are taken to ensure that applications are dealt with as quickly as possible having regard to overall resources across the full range of services provided by the Irish Naturalisation and Immi- gration Service.

619. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications pertaining to persons admitted here for various reasons and subsequently seeking permission to remain as a temporary registered doctor; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1578/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding applications made by non-EEA nationals seeking permission to remain as temporary registered doctors are outlined in the following table.

Temporary Registered Doctors

Processing time of application 1/2 weeks depending on documentation received Number of applications received in the past 12 months 66 Number of applications awaiting decision 15 Number of applications approved in the past 12 months 34 Number of applications rejected in the past 12 months 4

Applications for temporary registered doctors are dealt with once they are received in the General Immigration Division, and a decision is made once the division receives the appropriate documentation.

620. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications pertaining to Turkish nationals seeking permission to remain here pursuant to the Turkish association agreement; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1579/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the statistics requested by the Deputy regarding applications made by Turkish nationals seeking permission to remain pursuant to the Turkish Association Agreement are outlined in the following table.

Turkish Association Agreement

Processing time of application 2/3 weeks depending on documentation received Number of applications received in the past 12 months 46 Number of applications awaiting decision 8 Number of applications approved in the last 12 months 25 Number of applications rejected in the last 12 months 7

336 Questions — 19 January 2010. Written Answers

Applications pursuant to the Turkish Association Agreement are processed on receipt by General Immigration Division and a decision is made once the division receives the appropriate documentation.

621. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications pertaining to non-European Economic Area nationals who have completed 60 months’ legal residency here on work permit, work visa or work authorisation conditions and who are seeking permission to remain under the administrative long-term residency scheme; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1580/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): At the present time, I understand that the average processing time for applications for long term residency is in the order of 16 months, down from about 21 months in April 2009. If there is no change in the volumes being received during 2010, it is anticipated that the processing time can be reduced further. During 2009, 3,528 applications for long term residency were received. In the same period, 3,604 applications were granted and a further 514 applications were refused. In addition, another 644 cases were either withdrawn by the applicant or deemed abandoned.

Refugee Status. 622. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process applications pertaining to persons granted refugee status here who are seeking family reunification for other family members; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1581/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that they are currently processing applications from October 2008. However, due to the nature of Family Reunification they are still dealing with applications prior to that date. The number of applications received, approved, refused in the last 12 months and the number of applications currently on hand are contained in the following table.

Number of applications

Applications currently on hand awaiting decision 1,650 Applications received in the past 12 months 895 Applications approved in the past 12 months 731 Applications refused in the past 12 months 387 Applications withdrawn in the past 12 months 142

Additional staff were assigned to the Family Reunification Section in the last 18 months which has led to a significant reduction in the processing time of applications.

Asylum Applications. 623. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform 337 Questions — 19 January 2010. Written Answers

[Deputy Bernard J. Durkan.] the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1737/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 6 November 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 June 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

624. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1738/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The application for residency submitted by the person concerned in this case cannot be considered until a final decision is made on their asylum application.

Residency Permits. 625. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1739/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 187 of Thursday, 17 December 2009, and the written Reply to that Question. The position in the State of the person concerned is as set out in that Reply. In relation to the contention of the person concerned that she did not receive a letter from my Department in 2007, I wish to advise the Deputy that a letter, the essence of which was to advise the person concerned that, as she had been refused refugee status, her entitlement to

338 Questions — 19 January 2010. Written Answers remain in the State had expired, was issued to the person concerned, by registered post to her then last notified address, on 17 July 2007. That letter also notified the person concerned of the Minister’s proposal to make a Deportation Order in respect of her. As applies in all such cases, she was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. Given that written representations were subsequently submitted on behalf of the person concerned by her legal representative, the Deputy will see that this letter has been acted on which would seem to confirm that such a letter was indeed issued to the person concerned on 17 July 2007.

Asylum Applications. 626. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [1740/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The applicant, together with his wife and daughter, arrived in the State on 13 September 2005 and applied for asylum on 14 September 2005. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the persons concerned were informed, by letters dated 15 February 2006, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Their cases were then examined under Section 3(6) of the Immigration Act, 1999, (as amended), and Section 5 of the Refugee Act, 1996 (as amended), on the Prohibition of Refoule- ment. Consideration was given to representations submitted on their behalf by their legal representative for permission to remain in the State. On 2 May 2006, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of them. Notice of these orders was served by registered post requiring the persons concerned to ‘present’ to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 in order to make travel arrangements for their deportation from the State. On 8 November 2006 the persons concerned submitted an application for Subsidiary Protec- tion in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The Subsidiary Protection applications were not considered, as the regulations are not applicable in cases where a deportation order was made before coming into operation of the regulations. The persons’ legal representative was notified of this decision by letter dated 23 November 2006. Judicial Review proceedings were instituted challenging this decision. These proceedings were settled on 3 March 2008 following the findings of Justice Feeney in the cases of Hila and Djolo, that I have a discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 to accept and consider applications for subsidiary protection from persons who do not have an automatic right to apply but who have identified new facts or circumstances which

339 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] demonstrate a change of position from that which pertained at the time the deportation order was made. By letter dated 5 November 2007, the applicants’ legal representative was advised that they could seek the exercise of Ministerial discretion pursuant to Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations, 2006 by making further representations identifying any new facts or circumstances which demonstrated a change of position from that at the time the Deportation Order was made on 2 May 2006. Representations were received on 27 November 2007. Following consideration of the information submitted, the applications were refused. The persons concerned and their legal representative were notified of this decision by letter dated 4 December 2007. The applicants instituted Judicial Review proceedings on 4 February 2008 challenging the decision that they had established no grounds which would enable me to exercise my discretion under Regulation 4(2) to consider an application for subsidiary protection from them and accordingly, as the matter is sub judice, I do not propose to comment further. The couple’s other two children have lodged separate asylum applications. It is not the practice to comment in detail on individual asylum applications where a final decision has not yet been made.

627. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [1741/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 12 June 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 22 September 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

340 Questions — 19 January 2010. Written Answers

628. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [1742/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 13 April 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25 June 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

629. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding a residency application in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1743/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned and her two children applied for asylum on 25 October 2006. The two children were included on their mother’s asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned and her two children were entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 6 April 2009, that the Minister proposed to make Deportation Orders in respect of her and her two children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her two children. In addition, she was notified of her entitlement

341 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned and her two children will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Travel Documents. 630. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when travel documents will issue in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1744/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that the Travel Document Unit has recently contacted the person in question requesting that a fully completed travel document application with supporting documentation be resubmitted to that Unit. A travel document will issue to the person concerned on receipt of same.

Asylum Applications. 631. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will give consideration on humanitarian grounds for extended residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [1745/10]

655. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended residency will be granted in the case of a person (details supplied) in Dublin 8. [2194/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 631 and 655 together. I refer the Deputy to Parliamentary Question No. 162 of Thursday, 3 December 2009, and the written Reply to that Question. As stated in my last Reply, the persons concerned, a mother and child, have submitted separate applications for Subsidiary Protection in the State which are under consideration at present. When consideration of these applications have been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the positions in the State of the persons concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

342 Questions — 19 January 2010. Written Answers

Residency Permits. 632. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress made to date in respect of a person (details supplied) in County Kildare; if an extension of residency will be given on update of documentation for employment purposes; and if he will make a statement on the matter. [1746/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy had his permission to remain in the State renewed by his local Immigration Officer on 12 January 2010 until 06 December 2010. His current permission to remain allows him to work in the State without the requirement of a work permit.

Asylum Applications. 633. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 219 of 2 December 2009 in respect of persons (details supplied) wherein it was stated that the case was then examined under section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement, if such examination was sufficiently detailed to justify the outcomes; and if he will make a statement on the matter. [1747/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 2 February 2006 on her own behalf, and on 30 March 2006 on behalf of her child. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned was informed, by letter dated 8 January 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), to be exercised within 15 working days. Namely, to leave the State voluntarily, to consent to the making of Deportation Orders or to make representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State i.e. why she should not be deported. This communication also advised the person concerned of her entitlement to apply for Sub- sidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations. Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 23 October 2009. Her case was then examined under Section 3(6) of the Immigration Act, 1999, (as amended), and Section 5 of the Refugee Act, 1996 (as amended), on the Prohibition of Refoulement. Consideration was given to representations submitted on her behalf by her legal representative for permission to remain in the State. On 28 October 2009, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of her and her child. Notice of these orders was served by registered post requiring the person concerned and her child to ‘present’ to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2. The legal representatives of the person concerned subsequently made an application seeking consent, pursuant to Section 17(7) of the Refugee Act, 1996 (as amended), to allow their client

343 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] make a further application for a declaration of refugee status. The information provided was fully considered and the outcome was that the application for re-admission was refused. The person’s legal representatives were notified of this decision on 6th January, 2010. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. She last presented on 14th January, 2010 and is due to present again today 19th January, 2010. I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her and her child is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.

634. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency and family reunification in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [1748/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 13 January 2009. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5 January 2010, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The 15 working day period referred to in my Department’s letter of 5 January 2010 expires on 27 January 2010. It is open to the person concerned to make representations and/or apply for Subsidiary Protection in the State within that period. In any event, the case of the person concerned will not be further processed until the 15 working day period referred to has elapsed. The Deputy might to note that the current position in the State of the person concerned is not such as would confer any entitlement to family reunification.

635. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of persons (details supplied) in Dublin 8; and if he will make a statement on the matter. [1749/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named person concerned applied for asylum on 3 December 2007. In accordance with Section 9 of the

344 Questions — 19 January 2010. Written Answers

Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 10 September 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protec- tion in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The first named person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the first named person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the first named person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the first named person concerned. The second and third persons referred to, infant children born in 2006 and 2008 respectively, are the subject of individual asylum applications. As the Deputy will be aware, it is not my Department’s policy to comment on individual asylum applications where a final decision has not been made and this position applies in the context of the second and third persons referred to.

Citizenship Applications. 636. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship and family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1750/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in June 2007. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that further processing of the application is ongoing and the file will be submitted to me for a decision in due course. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can

345 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria. I am informed by the Irish Naturalisation and Immigration Service (INIS) that they have no record of an application for Family Reunification from the person referred to by the Deputy.

Asylum Applications. 637. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of persons (details supplied) in County Clare; and if he will make a statement on the matter. [1751/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named person concerned applied for asylum on 29 August 2005. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application and, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 31 March 2006, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. Representations were submitted on behalf of the first named person concerned at that time. Her case was examined under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement and all representations received were considered in arriving at a decision in her case. On 25 November 2008 a Deportation Order was signed in respect of the first named person concerned. Notice of this Order was served by registered post dated 5 December 2008. This communication advised the first named person concerned of the legal requirement that she present herself at the Offices of the Garda National Immigration Bureau (GNIB) on 6 January 2009 in order to make travel arrangements for her deportation from the State. On 25 November 2009, an application for revocation of the Deportation Order, under Section 3 (11) of the Immigration Act 1999 (as amended), was received on behalf of the first named person concerned. This application is under consideration in my Department at present. When a decision has been made on this application, the first named person concerned will be notified in writing of that decision and of the consequences of the decision. The first named person also made an application, on 24 November 2005, for permission to remain in the State on the basis of being a parent of an Irish born child, born in the State before 1 January 2005, in accordance with the revised arrangements announced by the then Minister on 15 January 2005, commonly referred to as the IBC/05 scheme. The first named person did not satisfy the criteria under the revised arrangements and was notified of this decision by letter dated 1 December 2005. The second named person concerned, the son of the first named person concerned, was born in the State in late 2005 and an application for asylum was made on his behalf on 15 December 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), the second named person concerned was entitled to remain in the State until his application for asylum was

346 Questions — 19 January 2010. Written Answers decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the second named person concerned was notified, by letter dated 31 August 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protec- tion in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The position in the State of the second named person concerned now falls to be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the second named person concerned.

Passport Applications. 638. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a travel document renewal will be granted in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [1752/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 195 of Thursday, 26 November 2009 and the written reply to that question. I am informed by the Travel Document Unit of the Immigration Services Section that the person concerned was refused a temporary travel document on 31 December 2009 as the application submitted was not accompanied with the requisite supporting documentation from his national authorities. It remains open to the person concerned to submit a new application accompanied with the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2.

Citizenship Applications. 639. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [1753/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in January 2005. I decided in my absolute discretion to grant a certificate of naturalisation and the person in question was informed of that decision in a letter issued to him on 14 January, 2010. A certificate of naturalisation will issue to the person concerned following receipt of the documentation requested to finalise their application. Officials in the Citizenship Division inform me that there is no record of an application for a certificate of naturalisation from the spouse of the person referred to in the Deputy’s Question.

347 Questions — 19 January 2010. Written Answers

Deportation Orders. 640. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the address of a deportation order in 1999 that was sent out to in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [1754/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There is no record of a Deportation Order in respect of the person concerned being issued by my Department in 1999.

641. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the circumstances pertaining in the case of persons (details supplied) in County Kerry and their impending deportation; if his attention has further been drawn to the history of illness and deprivation in this family; if he has studied the medical, psychiatric and social history of this case; if he has further studied the submission made by the applicant and the fact that the applicant is their spouse’s carer who is entirely dependent on them; his views on the need to provide the necessary documentation to facilitate the applicant to travel and return here on humanitarian grounds in view of the applicants mother’s illness; if he will facilitate the immediate and medium requirements of this family on the hardship, com- passion and humanitarian grounds; and if he will make a statement on the matter. [1755/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that the decision to refuse the application by the person concerned for residence in the State based on marriage to an EU National is currently under review. A decision will issue to the person concerned in due course.

Asylum Applications. 642. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the circumstances in the matter of residency and permission to remain in the case of persons (details supplied) in County Kerry; if his attention has further been drawn to the threat of torture or death in the event of deportation, of the possibility of ritual sacrifice and death arising from threat by religious cult; his views on the likelihood of such practice in the event of deportation; if he will therefore use his discretion to extend residency and defer threat of deportation under the circumstances; and if he will make a statement on the matter. [1756/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first and second named persons concerned, a husband and wife, made separate applications for asylum on 12 November 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), they were each entitled to remain in the State until their applications for asylum were decided. Their asylum applications were refused following the separate consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first and second named persons concerned were notified, by separate letters dated 21 May 2009, that the Minister proposed to make Deportation Orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deport- ation Orders or of making representations to the Minister setting out the reasons why Deport- ation Orders should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in the State in accordance with the

348 Questions — 19 January 2010. Written Answers

European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The persons concerned submitted separate applications for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection in the State. The persons concerned were individually notified of these decisions by letters dated 5 January 2010. The couple’s daughter was born in the State in late 2007. She applied for asylum on 15 February 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), this child was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Appli- cations Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the child was notified, by letter dated 14 May 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The child submitted an application for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of this application, it was determined she was not eligible for Subsidiary Protection in the State. She was notified of this decision by letter dated 5 January 2010. The case files of all three persons concerned will now be considered individually under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the individual files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

643. Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if an application for subsidiary protection and leave to remain has been made in the case of a person (details supplied) in County Cork; when a decision will be made; and if he will make a statement on the matter. [1827/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 24 February 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned chose not to appeal this determination to the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16 January 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be

349 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protec- tion in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations. The person concerned also made an application for re-admission to the asylum process under Section 17(7) of the Refugee Act 1996 (as amended). Following consideration of this application, a decision was made to refuse the application and this refusal decision was conveyed in writing to the person concerned by letter dated 15 June 2007. The application for Subsidiary Protection is currently under consideration in my Department. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits. 644. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform his views on whether, in relation to applications for long term residency, it is fair and right that applicants are being charged €500 for the initial grant of this permission; and if he will make a statement on the matter. [1877/10]

645. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if the applications for long term residency that were submitted prior to the fee being increased to €500 will be liable for this charge; and if he will make a statement on the matter. [1878/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 644 and 645 together. Prior to the introduction of a fee on 7 September 2009, Ireland was virtually alone among E.U. member States in not charging for long term residency status. The current fee of €500 is not considered excessive and compares favourably with that charged by the U.K. immigration authorities, for example, where a fee of approximately €950 is levied for conveying a similar status. Long term residency is an administrative scheme operated by my Department since 2004. It enables individuals who have been legally resident in the State on the basis of work permit / work authorisation / work visa conditions to apply for the status of long term resident thus allowing them to engage in employment without the need for a work permit / work authorisation and negating the need for them to register with the Garda National Immigration Bureau on an annual basis. A long term residency permission is valid for a period of five years and on its expiry, the individual may apply to have same renewed. The procedures involved in processing applications for long term residency are very similar to those applicable to applications for naturalisation i.e. the individual in question must be legally resident in the State for a specific period, he or she must be financially self-sufficient, be of good character, etc. The processes used to determine eligibility have been developed and refined since the scheme was introduced and, as is the case with naturalisation, are necessary to maintain the integrity of the process. Depending on the complexity of any given case, these processes can necessarily take some time to complete and involve a substantial burden on State

350 Questions — 19 January 2010. Written Answers resources. It is entirely appropriate that the State should seek to recover some of these costs. It should be noted that the fee involved does not fully meet the cost of processing the application. The fee of €500 applies to all applicants on the initial grant of a long term residency status on or after 7 September 2009. This status shall be valid for a period of five years after which time, the person concerned will be required to re-apply to have their permission renewed for another five year period. Only the fee payable for the issue of a Certificate of Registration, currently €150, will be payable for the renewal of long term residency.

Garda Stations. 646. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the position regarding Garda living quarters in a location (details supplied) in County Mayo; the plans to repair or renovate this accommodation; when Garda personnel stationed locally will be resident in this premises; and if he will make a statement on the matter. [1901/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Office of Public Works, who have responsibility for the provision and maintenance of Garda accommodation, that plans to refurbish the station referred to by the Deputy are at an advanced stage. It is anticipated that invitations to tender will issue in the coming weeks and work will commence upon successful completion of the tender process.

Asylum Applications. 647. Deputy Bobby Aylward asked the Minister for Justice, Equality and Law Reform the position regarding the application for refugee status by persons (details supplied) in County Tipperary; and when a decision will be made these cases. [1924/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named person concerned applied for asylum on 19 January 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the first named person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 16 February 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protec- tion in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The first named person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the first named person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the first named person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be con-

351 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] sidered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the first named person concerned. The second named person concerned applied for asylum in the State on 18 January 2007. She subsequently gave birth to a son. This child was included in his mother’s application for asylum. In accordance with Section 9 of the Refugee Act 1996 (as amended), the second named person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the second named person concerned was notified, by letter dated 30 January 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The second named person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the second named person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the second named person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the second named person concerned.

Prison Committals. 648. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of persons committed to prison for non-payment of fines in each of the years 2006, 2007, 2008 and 2009. [1936/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A breakdown of the number of persons committed to prison solely for non-payment of fines for each of the years 2006, 2007, 2008 is set out in the following table:

Year Number of Persons

2006 1,089 2007 1,335 2008 2,154 2009 (to 31/10/2009) 3,366

The complete figure for 2009 will be available once the Annual Report of the Irish Prison Service for that year is finalised. 352 Questions — 19 January 2010. Written Answers

I can advise the Deputy that the number of such persons held in custody at any one time is a tiny fraction of the overall prisoner population. To illustrate this point, on 15 January, 2010 approximately 0.1 percent of the numbers in prison custody that day fell into this category. I expect the number of such committals to fall substantially once the Fines Bill 2009 has been enacted.

Firearm Certificates. 649. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the conditions an applicant must meet to have a licence renewed (details supplied). [1964/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Applications for Restricted Firearm Certificates, whether they be for handguns, rifles or shotguns, must now be considered by a member of the Garda Síochána holding the rank of Chief Superintendent. It is important to realise that under the new legislation all applications for Firearm Certificates are regarded as new applications and not renewals. The conditions subject to which a firearm certificate may be granted are set out in section 4 (2) of the Firearms Act 1925 as amended by section 32 of the Criminal Justice Act 2006. A person applying for a Firearm Certificate for target-shooting must now be a member of an authorised rifle or pistol club as laid down in the Firearms (Authorisation of Rifle or Pistol Clubs) Regulations, 2009 (S.I. No. 308 of 2009). In addition, persons who held a Firearm Certifi- cate prior to 19 November 2008 for a firearm which now requires a Restricted Firearm Certifi- cate, must have demonstrated that the firearm is the only type of weapon that is appropriate for the purpose for which it is required. This requirement is in addition to satisfying the Chief Superintendent that the Applicant has good and sufficient reason to possess, use and carry the firearm; is not disentitled to hold a firearm certificate under the Firearms Acts; and is not a danger to public safety or security or to the peace. Furthermore, all firearm owners must also comply with the security requirements as laid down in S.I. 307 of 2009 Firearms (Secure Accommodation) Regulations 2009. The minimum security standards required at a dwelling is dependent on the number and calibre(s) of firearms held by an individual. This requirement applies to owners of all firearms. Under the Firearms Acts, each application, restricted or otherwise, is adjudicated upon by the issuing Garda Chief Superintendent on its own individual merits and I have no role in the granting of these certificates. It should be noted that section 15A of the Firearms Act 1925, as amended by the Criminal Justice Act 2006, provides that an appeal may be made to the District Court by a person aggrieved by a decision to refuse to grant or renew a firearm certificate.

Asylum Applications. 650. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [2000/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 22 September 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal.

353 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11 March 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Crime Levels. 651. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in which a firearm was used in each of the years 2006 to 2009, inclusive, and to date in 2010 in tabular form; the number of convictions that have been secured arising from the murders in each year; and if he will make a statement on the matter. [2011/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the following table contains the number of cases of murder in which a firearm was used, proceedings commenced and convictions secured from 2006 to 2008 and in 2009 up to 7 December, 2009. Figures for the subsequent period referred to by the Deputy will be forwarded to him when they become available. As the Deputy is aware, these statistics, by their nature, carry a significant health warning. The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder, for example firearms offences. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder. All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so. While An Garda Síochána have made significant progress in the investigation of a number of killings, there can be considerable difficulties for them in obtaining evidence in shootings which are the result of gangland activities. It has to be accepted that the reality is that associates of a victim of a gangland killing who would have information of value to An Garda Síochána often do not cooperate with Garda investigations. Indeed, they frequently fail to cooperate even when they themselves are the victims of violence. A number of changes to the law on evidence have been made to address this. It has also to be accepted that there is often no connection or personal association between the victim and the perpetrator, which makes it very

354 Questions — 19 January 2010. Written Answers difficult for An Garda Síochána in their investigation of such a murder. Witnesses may also be subject to high levels of intimidation not to come forward, and it is to assist such witnesses that the Witness Protection Programme is in place. Our criminal law has been significantly strengthened in recent years. Many of these changes are targeted at fighting gangland crime. The Criminal Justice Acts of 2006 and 2007, in particular, introduced wide ranging reforms to strengthen the capacity of An Garda Síochána to tackle serious crime. The bail laws have been strengthened to allow the prosecution mount a more effective challenge to bail applications. I have also secured Government approval to commence work on a new Bail Bill to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. A significant further strengthening of the law dealing with those involved in criminal organisations took place with the enactment of the Criminal Justice (Amendment) Act 2009. Other significant pieces of legislation introduced to target organised crime include the Crimi- nal Justice (Surveillance) Act, which provides a statutory framework for evidence obtained by means of covert surveillance to be used in criminal trials, and the Criminal Justice (Miscellaneous Provisions) Act 2009 which further tightens the legislative provisions relating to guns and knives and similar weapons. A further important development, which is currently being progressed through the Houses of the Oireachtas, is the Criminal Procedure Bill 2009 which gives effect to the measures contained in the Justice for Victims Initiative. The Bill provides for reform of the law on victim impact statements and proposes to end the ban on retrying people who have been acquitted in specified circumstances. Furthermore I have today published the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010, which provides for the establishment and operation of a DNA database and will also prove invaluable in the fight against serious crime.

Number of murders recorded in which a firearm was used, proceedings commenced and convictions from 2006 to 2008 and in 2009 up to 7 December*

Recorded Proceedings Commenced Convictions

86 21 5 *These figures are provisional, operational and liable to change.

Garda Strength. 652. Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform the number of reserve gardaí in the Kerry division; the districts they are assigned to; and if he will make a statement on the matter. [2015/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of operational reserve Gardaí in the Kerry Division, per District, as at the 18 January 2010, was as set out in thew following table:

District Number

Killarney 1 Tralee 3

Total 4

355 Questions — 19 January 2010. Written Answers

Departmental Staff. 653. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2172/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The overall numbers of whole-time equivalent staff serving in my Department and agencies staffed by it at the beginning of each of the years 2007 to 2010 are set out in the following table. For the sake of completeness, I should add that these figures do not include bodies in the wider Justice sector which recruit their own staff such as the Courts Service, Garda Síochána, Garda Ombudsman Commission, Legal Aid Board, Property Registration Authority and non-administrative staff in the Irish Prisons Service.

Year No. of Staff

2007 1,799 2008 1,936 2009 2,176 2010 2,108

The above figures comprise staff across numerous Divisions, agencies and other areas of the Department (there are over 30 Divisions within Head Office alone), which are in turn often broken down into further numerous sections. These Divisions, agencies and executive offices of the Department are also based in a wide number of locations, across Dublin and in the regions. The Probation Service, for instance, has offices spread throughout the country. More- over, on foot of the most recent decentralisation programme, 8 Departmental offices have been established in 6 new regional locations. Staffing numbers, on the disaggregated basis sought by the Deputy, are not readily available, nor are they available in this respect on a historical basis. Finally, I should also add that the structure of the Department is constantly changing and evolving in order to meet new challenges and priorities, making staffing breakdowns incompat- ible across different periods.

Question No. 654 answered with Question No. 588.

Question No. 655 answered with Question No. 631.

Asylum Applications. 656. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [2195/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 14 June 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7 May 2009, that the Minister proposed to make a Deportation Order in respect 356 Questions — 19 January 2010. Written Answers of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status. 657. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency or leave to remain here in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2196/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person in question had her refugee status revoked on the 26 November 2009. She was informed of my decision to revoke her refugee status by letter dated 4 December 2009. She was also informed of her right to appeal this decision to the High Court within 15 working days of the date of that letter. To date, no notification of an appeal has been received by the Ministerial Decisions Unit of my Department. In accordance with normal procedures, a letter was issued on 15 January 2010 formally advising her of the following options.

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). My Department currently awaits a response from the person concerned.

Citizenship Applications. 658. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 206 of 26 November 2009, if the applicant (details supplied) in Dublin 15 has submitted all documents requested with the exception of a Garda report; and if he will make a statement on the matter. [2197/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): All requested documentation other than a Garda Report have been received in the Citizenship Division of my

357 Questions — 19 January 2010. Written Answers

[Deputy Dermot Ahern.] Department. On receipt of the requested Garda Report a statement confirming when the person concerned acquired their certificate of naturalisation will issue.

Good Friday Agreement. 659. Deputy Joe McHugh asked the Minister for Foreign Affairs if, pursuant to the bilateral Good Friday Agreement 1998, there is a facility whereby citizens of the Irish Republic with familial connections in Britain and Northern Ireland are able to secure British citizenship; if he will furnish details of this or any other facilities that enable Irish citizens to secure British citizenship; if he will identify all avenues to British citizenship that are open to the Irish citizen; and if he will make a statement on the matter. [1171/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The British-Irish Agreement dated 10 April 1998 provides at article 1(vi) that the Governments recognise “the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland”. This reflects the language of the relevant Article of the Good Friday Agreement. Annex 2 to the British-Irish Agreement sets out the joint understanding of the Governments regarding the term “the people of Northern Ireland”, i.e., “all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence”. The Agreement does not in itself confer citizenship upon any person. Rather, it binds the Governments to continue to recognise the British and Irish citizenship entitlements of the people of Northern Ireland (including in the event of any future change of status) and further, to continue to recognise dual citizenship for such persons. Eligibility for British citizenship is a matter for the relevant British authorities and questions relating to British citizenship should be addressed to them.

Departmental Staff. 660. Deputy George Lee asked the Minister for Foreign Affairs the number of Civil Service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a postgraduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48315/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The current number of staff employed in my Department is 1276. This number includes work-sharing staff, but e excludes approximately 300 members of locally-engaged staff working in Irish Missions abroad. Accurate information about the specific academic backgrounds of each individual staff member of my Department is not readily available. As the Deputy will be aware, recruitment into the Civil Service is carried out centrally by the Public Appointments Service. Diplomatic officers are recruited into my Department at Third Secretary level, and a first or second-class honours degree in any discipline is a basic requirement for entry. The specific disciplines are not always identified in personnel records. The same is true for general service officers holding degrees.

358 Questions — 19 January 2010. Written Answers

Diplomatic Representation. 661. Deputy Richard Bruton asked the Minister for Foreign Affairs the outcome of his meeting with a person (details supplied) regarding the failure to provide documentation to the Commission of Investigation into Clerical Sexual Abuse in the Dublin Archdiocese; if he has receive an explanation for the reason the person did not find some channel through which these documents would be made available to the commission; and if he will take further action on the matter. [48368/09]

Minister for Foreign Affairs (Deputy Micheál Martin): As I stated in my reply to priority questions no. 29 and no. 30 on 15 December last, the Papal Nuncio, H.E. Archbishop Giuseppe Leanza, called to Iveagh House at my request on Tuesday 8 December to discuss the report of the Dublin Archdiocese Commission of Investigation and the issue of the cooperation received by the Commission from the Holy See and successive Papal Nuncios as it carried out its investigations. At the meeting, I conveyed to the Papal Nuncio the deep anger and outrage of the Irish public at the appalling abuse of children detailed in the Commission’s report. I emphasised to Archbishop Leanza the importance of the Vatican providing a substantive response to inquiries from the Commission. I stressed to the Nuncio the Government’s expectation that the Holy See would provide the fullest possible cooperation with any ongoing or further State investigations into clerical child abuse, including in the context of the upcoming inquiry by the Commission into the Diocese of Cloyne. The Nuncio undertook to convey my strong view that the Vatican should cooperate with any request for information from the Dublin and Cloyne Commission or any future commission. He stressed that there had been no intention on the part of the Holy See to withhold cooperation from the Commission and that it had made known to the Commission, through the Government, its expectation that such enquiries would be pursued through the appropriate diplomatic channels. My Department remains available to provide any assistance requested by the Commission in support of its investigations.

Departmental Expenditure. 662. Deputy Joanna Tuffy asked the Minister for Foreign Affairs the details of the cuts of the Irish abroad emigrant support programme to the United Kingdom; the impacts he expects this may have on front line service provision to the Irish community in Britain; and if he will make a statement on the matter. [48549/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The Government has substantially increased funding for the Emigrant Support Programme in recent years; from €4.1M in 2004 to over €15M in 2009. Due to the increased budgetary pressure currently being felt across Departments, the budget allocation for the Programme in 2010 has seen a decrease of 14%, to €12.983M. While regrettable, it must be recognised that this allocation still remains significant and in excess of the levels of funding before 2007. The majority of funding from the Emigrant Support Programme goes to support organisations which provide welfare information and advisory services to Irish citizens living abroad, particularly those who are most vulnerable and marginalised, including the elderly. The welfare of the Irish community in Britain has been a key priority of the Emigrant Support Programme, with over £37M allocated to projects in Britain since 2004, and this will remain the case. In regard to the 2010 allocation, no decisions have been made in relation to funding for individual organisations. The 2010 on-line grant application round will take place in March and

359 Questions — 19 January 2010. Written Answers

[Deputy Micheál Martin.] April and I will continue to prioritise the maintenance of a high level of funding to front line organisations in Britain, as well as in the US and elsewhere. Applications will be reviewed on a case by case basis and every effort will be made to ensure that resources are used in the most effective way to ensure high levels of service delivery for the most vulnerable members of the Irish community abroad.

Foreign Conflicts. 663. Deputy Finian McGrath asked the Minister for Foreign Affairs the position regarding a matter (details supplied). [1068/10]

Minister for Foreign Affairs (Deputy Micheál Martin): Ireland supports, and participates in, the efforts of the international community to bring peace, security and stability to Afghanistan. The international community is devoting considerable effort to economic development, reconstruction, tackling corruption and improving governance in that country. In 2009, Irish Aid allocated over €5 million in relief, recovery and development assistance to Afghanistan, con- tributing to a total expenditure of around €15 million since 2007. More generally, the EU is currently spending close to €1 billion a year on various civilian, political and developmental activities. A contingent of seven members of the Irish Defence Forces is participating in the UN- mandated International Security Assistance Force (ISAF) mission in Afghanistan. They are based at ISAF Headquarters in Kabul in non-combatant roles. The participation of this contingent of the Permanent Defence Forces accords with the Defence Acts and is fully consistent with our traditional policy of military neutrality. To date, no members of An Garda Síochána have been seconded to the EU police support mission (EUPOL Afghanistan). In 2009, my Department seconded two civilian experts to EUPOL for three month tours. These experts contributed to the efforts being made to establish sustainable and effective civilian policing arrangements under Afghan ownership and in accordance with international standards. It is hoped that Ireland will continue to contribute in an appropriate manner to EUPOL. A member of the Irish Aid Rapid Response Initiative is currently seconded by my Depart- ment to the UN Office for the Coordination of Humanitarian Affairs (OCHA) in Afghanistan and is due to finish in March 2010.

Official Engagements. 664. Deputy Mary Upton asked the Minister for Foreign Affairs further to Parliamentary Question No. 286 of 8 December 2009, if he will provide further information on the new landmark Irish arts centre in New York; and if he will make a statement on the matter. [1089/10]

Minister for Foreign Affairs (Deputy Micheál Martin): One of the main themes to emerge from the attendees at the Global Irish Economic Forum, which took place at Farmleigh last September, was the importance of Irish culture in promoting a positive image of this country abroad. This was also an important conclusion of the Strategic Review of Ireland US Relations, published by the Taoiseach in March 2009. The construction of a new state of the art Irish Arts Centre in New York was identified as a priority in the revised Programme for Government. I was pleased to approve €2.3M in funding to the Centre in December of last year. The allocation of such significant funding is a clear demonstration of the Government’s strong commitment to the project which enjoys the strong

360 Questions — 19 January 2010. Written Answers support and continued engagement of the Minister for Arts, Sport and Tourism and Culture Ireland. The funding, which was drawn from the 2009 Emigrant Support Programme budget, was in response to the extraordinary gesture of the City of New York who made a site, valued at $12M available for the project, along with a further $8M in capital funding. In addition to this strong support from the New York City authorities, the new Centre is also backed by the Irish community in New York, including those involved in the arts and in business. The new Centre will project a dynamic image of Ireland and Irish America across the US; it will facilitate extensive Irish-related cultural, business and community programmes; will show- case quality contemporary Irish theatre and art; and will also provide an invaluable resource for the Irish emigrant community in the US. Government support for this project demonstrates that despite the difficult budgetary situation, we are determined to continue investing in our unique resource- the Irish Diaspora and its cultural heritage. A number of government Departments, including my own, continue to actively progress projects and initiatives which will build on the positive momentum created by the forum at Farmleigh and develop the ideas generated therein, increasing and deepening our engagement with Irish communities abroad.

Diplomatic Representation. 665. Deputy John O’Mahony asked the Minister for Foreign Affairs the location of each Irish embassy and consular offices globally; the number of staff employed in each; the cost to the State for each in 2007, 2008 and 2009 in tabular form; and if he will make a statement on the matter. [1144/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The Irish Diplomatic Network is made up of 75 overseas missions, in addition to offices in Armagh and Belfast. The network consists of 58 Embassies, 7 multilateral missions and 10 Consulates General and other offices overseas. In addition to their country of primary accreditation, many Ambassadors are also accredited to additional countries on a non-resident basis. A detailed table giving staffing and costs of overseas missions is set out below. In addition to resident Irish missions, there are also 19 Honorary Consuls General and 68 Honorary Consuls who provide assistance to Irish citizens in 57 countries. The staff numbers for each Mission are broken down between locally employed staff and Irish based civil servants, who are on temporary diplomatic assignment abroad. While most of the 386 Irish based diplomatic staff serving overseas are from my Department, approximately 90 are from other Government Departments. The annual costs as set out in the table below for 2007, 2008 and 2009 are the administrative costs of operating the mission. The figure does not include the salaries of the Irish based staff as these are a charge on the overall salaries budget of the Department rather than on a specific mission. In addition to the administrative costs of operating a mission, many Embassies fund programmes in their respective countries, in particular the missions which fund Irish Aid activities. For example, while in 2008 the Embassy in Ethiopia had administrative costs of €1.1 million, it managed an aid programme of €36 million through the Mission in that year. The administrative costs of offices in Irish Aid Programme Countries (highlighted in bold) are often high due to issues such as the additional security required in a developing country context. In addition to the normal staffing of Irish Aid offices, which generally consists of a small number of Irish diplomats, working with a maximum of three specialist technical staff

361 Questions — 19 January 2010. Written Answers

[Deputy Micheál Martin.] from Ireland and a small number of locally-recruited administrative staff (as detailed below), there are often additional staff required to engage in programme activities or staff who are hired to provide specific services such as security (such staff are not included in the following table). Also, from time to time Missions may incur significant capital expenditure in relation to their premises or for upgrading of essential infrastructure. These capital costs are not included in the annual administrative costs as detailed below.

Mission Staff Numbers Administrative Costs of Operating Mission

Mission Locally Irish Based 2007 2008 2009 Employed Staff staff

Abu Dhabi (Opened 2009) 3 2 429,990 Abuja 6 6 260,424 548,135 372,660 Addis Ababa 5 4 1,199,888 1,064,185 898,000 Ankara 4 3 412,851 429,022 405,487 Athens 4 3 532,525 477,093 484,116 Beijing 13 8 789,116 838,728 973,084 Berlin 6 6 999,025 1,181,612 1,009,825 Berne 3 2 331,968 463,006 507,174 Boston 3 2 365,638 353,824 472,391 Brasilia 4 2 540,443 510,761 450,012 Bratislava 3 2 384,325 380,840 416,857 Brussels (Embassy) 4 2 864,474 852402 955,926 Brussels (P.F.P.) 0 6 338,430 273,685 274,137 Brussels (Pr-Eu) 6 81 3,582,121 3,457,843 3,805,678 Bucharest 5 2 566,044 577,947 484,421 Budapest 4 1 485,572 511,156 495,581 Buenos Aires 3.6 2 351,725 372,254 383,751 Cairo 6 5 445,209 569,536 500,311 Canberra 7.5 4 742,471 743,869 681,238 Cardiff (Closed 2009) 0 0 213,966 182,170 79,757 Chicago 3.4 2 383,173 358,542 325,799 Copenhagen 4 2 540,031 476,526 430,412 Dar Es Salaam 5 4 819,916 1,242,513 1,049,784 Dili 2 3 205,402 189,962 211,483 Edinburgh 1 3 319,133 261,682 227,646 Freetown 1 2 197,673 204,871 215,114 Geneva 3 9 1,124,538 1,096,146 1,134,003 Hanoi 5 4 609,377 743,614 580,390 Helsinki 3 2 655,345 634,690 637,618 Holy See 3 2 740,532 498,334 437,683 Kampala 5 4 1,376,603 1,915,553 1,338,000 Kuala Lumpur 5 2 380,607 418,700 359,821 Lilongwe 2 4 413,536 717,165 623,196 Lisbon 3 2 496,611 548,396 437,493 Ljubljana 4 2 454,887 489,219 428,186 London 11 52 5,610,590 4,669,648 4,065,867

362 Questions — 19 January 2010. Written Answers

Mission Staff Numbers Administrative Costs of Operating Mission

Mission Locally Irish Based 2007 2008 2009 Employed Staff staff

Lusaka 5 4 1,293,799 1,499,747 1,586,698 Luxembourg 4 2 716,923 709,845 738,042 Madrid 8 7 1,242,986 1,273,566 1,239,494 Maputo 5 4 1,377,425 1,717,913 1,427,000 Maseru 3 2 700,082 795,256 523,259 Mexico 5 3 696,226 598,562 475,576 Moscow 10 9 970,958 896,238 873,407 New Delhi 8 7 669,453 839,809 611,455 New York — C.G. 13 5 2,281,554 1,903,026 1,920,283 New York — Pmun 6 10 2,443,225 *2,681,074 1,546,199 Nicosia 3 2 406,801 428,485 417,208 Osce — Vienna 3 3 455,567 459,195 434,483 Oslo 3 2 715,292 787,891 634,870 Ottawa 4 3 658,038 605,680 700,330 Paris 12 10 1,867,828 1,852,135 1,804,602 Prague 6 2 524,173 573,544 604,233 Pretoria 8.5 4 1,407,145 1,318,279 968,255 Ramallah 4 2 419,099 373,828 286,792 Riga 3 2 437,135 438,808 372,586 Riyadh 8 2 404,299 386,430 547,777 Rome 7.8 5 1,292,690 1,270,120 1,202,705 San Francisco 4 2 500,358 628,525 417,187 Seoul 4 2 643,540 767,822 438,633 Shanghai 4 3 512,507 466,888 511,801 Singapore 4 3 913,131 865,908 805,922 Sofia 4 2 617,814 452,737 425,518 Stockholm 4 2 458,461 426,780 435,176 Strasbourg 3 3 523,150 454,730 439,469 Sydney 3 2 546,538 511,344 489,353 Tallinn 3 2 445,663 426,396 352,791 Tehran 4 2 315,881 361,419 347,641 Tel Aviv 4 2 666,237 574,527 737,733 The Hague 5 4 1,066,280 1,079,734 949,973 Tokyo 8 3 1,543,374 1,604,708 **2,079,774 Valletta 2 1 369,535 329,452 330,122 Vienna 5 3 677,684 664,055 633,729 Vilnius 3 2 677,347 545,639 452,692 Warsaw 4.4 4 909,879 996,352 713,657 Washington DC 8 12 1,540,392 1,268,050 1,250,786

Total ***356.2 386 61,642,638 62,088,126 57,310,102 *Operating costs for PMUN New York in 2008 reflects rent costs paid in advance for 2009 (which achieved significant savings). **Operating costs for Embassy Toyko in 2009 reflects rent costs paid in advance for 2010 (which achieved significant savings). ***The total figure for locally employed staff includes staff employed directly by the Department of Foreign Affairs and also staff who are employed through agencies either privately or state run. For example in Embassy Beijing, 12 local staff are provided by the Chinese Diplomatic Service Bureau who is their direct employer. 363 Questions — 19 January 2010. Written Answers

Human Rights Issues. 666. Deputy Bernard Allen asked the Minister for Foreign Affairs if he will summon the Iranian ambassador to his offices to discuss the trial of seven imprisoned Baha’is in Iran in view of the fact that there is concern for the safety of these people while they are in prison prior to and after the trial in view of the fact that there are strong suggestions that the outcome of the judicial process has been predetermined. [1163/10]

Minister for Foreign Affairs (Deputy Micheál Martin): As the Deputy will be aware from my previous replies on this matter, I am very conscious of the treatment of the Baha’i community in Iran and of the particular case of these seven Baha’i, who have been in detention since 2008. I have personally raised this case, and matters relating to human rights and religious freedom generally, directly with the Iranian authorities at the highest levels. In addition, my Department frequently conveys my concerns on such matters to the Iranian Ambassador here, most recently at a meeting with him last November. Officials of my Department also meet regularly with members of the Baha’i community in Ireland; such a meeting took place only last week. After numerous deferrals, the trial of these seven Baha’i commenced in Teheran on 12 January. The EU High Representative issued a strong declaration on 12 January, which Ireland fully supported, expressing the EU’s serious concerns about the trial and the motivation for the charges brought. The declaration also drew attention to Iran’s obligations to guarantee freedom of religion under the International Covenant on Civil and Political Rights, to which Iran is a signatory. The EU has called for a just, fair and open trial, respecting international standards and requested independent observation of the proceedings. However, I understand that no independent observers were permitted to enter the court and that even the defendants’ lawyers, to whom they have had very limited access during their detention, had some difficulty in obtaining entry. At this stage it is not clear what charges were laid against the defendants in court, when the next trial date will take place or what the future judicial process might entail. The situation may be further complicated by the recent detention of another 13 members of the Baha’i community, for alleged involvement in anti-government activity, following the Ashura protests on 27 December. These arrests have also raised serious concerns in the EU. The issue of the trial of the Baha’i and the broader issue of human rights in Iran are likely to be discussed at the Foreign Affairs Council later this month. Ireland will also support consideration of these matters at the forthcoming meeting of the UN Human Rights Council in March.

Live Animal Exports. 667. Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if his attention has been drawn to the fact that many councils in England have adopted policies, including licence conditions for pet shops, that contain discriminatory conditions on dogs and cats imported from Ireland which does not apply to other countries; if he will raise this matter with his British counterpart; and if he will make a statement on the matter. [1174/10]

Minister for Foreign Affairs (Deputy Micheál Martin): I have not been made aware of any Council policies in England which contain discriminatory conditions on dogs and cats imported from Ireland. I would invite the Deputy to provide further details so that I can look into the matter.

364 Questions — 19 January 2010. Written Answers

Diplomatic Representation. 668. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [1221/10]

Minister for Foreign Affairs (Deputy Micheál Martin): I am aware of a number of Irish investors who are experiencing difficulties with their investments in Turkish property. The common issue in most cases relates to Irish purchasers finding it difficult to claim their title deeds. The issues involved are complex and many cases are now the subject of private legal proceedings. The majority of these cases are primarily civil matters and as such should be resolved through arbitration and, if necessary, the courts. The Irish Embassy in Ankara has been working with the Turkish authorities and a Turkish officer in the Ministry of Finance has been designated as a contact point for Irish nationals experiencing difficulties regarding their property investments. I recently wrote to my counterpart, the Turkish Minister of Foreign Affairs, to raise my concerns regarding these difficulties being experienced by Irish citizens, and to ask for any assistance that he could provide regarding the matter. The European Commission is already aware of a number of these cases. However, the Com- mission is only in a position to raise the issue with the Turkish Government, in the context of the legislative framework on the free movement of capital (particularly on real estate acquisition) and its implementation, when there has been discriminatory treatment of EU citizens. I believe, therefore that the bilateral approach is the most appropriate course of action to take in addressing these difficulties. Investors who make contact with my Department will continue to be assisted in any way open to us including in finding suitable legal representation.

Departmental Expenditure. 669. Deputy Richard Bruton asked the Minister for Foreign Affairs the savings outlined in the report of the special group on public numbers and expenditure programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1258/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The Special Group on Public Service Numbers and Expenditure Programmes made recommendations which it estimated would save €41m in a full year in my Department. In the 2010 Estimates for Public Services and Summary Public Capital Programme, published on 9 December 2009, total savings of €62.7m were announced for my Department. €46.5m of these savings relate to the recommendations of the Special Group. The following table sets out the recommendations of the Special Group which have been addressed in the Budget and the expected savings to be achieved in 2010

2010 Saving Comment

€m Overseas Missions savings 3.60 A 6% cut in the Administrative Budget and the recruitment moratorium will impact on the Department’s network abroad. Some refocusing of resources is envisaged in 2010 including a trial of new models of overseas representation. Questions — 19 January 2010. Written Answers

[Deputy Micheál Martin.] 2010 Saving Comment

€m Cease funding the European Movement in 0.06 Implemented for the Ireland UN Association. Ireland and the Ireland United Nations Association Reduce allocation for Contributions to 5.00 Allocation reduced in line with the International Organisations recommendation of the Special Group. Cease expenditure to EU and other European 1.01 Fully implemented in 2010.in line with the States under Subhead K recommendation of the Special Group Maintain allocation for Vote 29 at 0.39% GNP 34.70 Vote 29 ODA set at 0.41% of GNP in 2010 in in 2010 and extend timeframe for reaching order to ensure that Ireland meets the EU UN target until 2015 target of 0.51% in 2010. Due to falling GNP, a saving of €34.7m is still realised.The alignment with the EU timeframe of 2015 to meet the UN target has also been agreed. Reduce expenditure on Support for Irish 2.20 Implemented in 2010 with a reduction of Emigrant Services €1.2m in excess of that recommended by the Special Group.

Total Savings 46.57

In addition to reductions related to the Special Group recommendations, a further €3.6m in savings have been identified in headquarters administration and savings of €4m arise in respect of referendum costs. A further €6.1m in savings arise following the reductions in public service pay. There are also minor reductions in a range of other subheads.

Passport Fees. 670. Deputy Leo Varadkar asked the Minister for Foreign Affairs further to Parliamentary Question No 166 of 30 October 2008, if there has been any change to this position; and if he will make a statement on the matter. [1327/10]

Minister for Foreign Affairs (Deputy Micheál Martin): Passport fees increased on 1 February 2009. This is the first increase in Passport Fees since 2005. In 2006 the security of the Irish Passport was greatly augmented with the introduction of the ePassport however, no fees were increased at that time. Comparison of the fees at 2005 and 2009 are contained in the following table:

Passport/Service type 2009 €€

1. Standard 10 year Passport (Adult) 75 80 2. Large 10 year Passport (Adult) 100 110 3. Standard 10 year Passport (Senior Citizen) No charge No charge 4. Standard 5 year Passport (Youth 3-18 years) 25 26.50 5. Standard 3 year Passport (Infant 0-3 years) 15 16 6. Urgent Fee for person 18 years and over (applications processed 50 55 during office hours for same or next day delivery) 7. Urgent Fee for persons under 18 yeas.(applications processed 25 30 during office hours for same or next day delivery) 8. Emergency Fee (applications processed outside office hours for on- 100 110 the-spot delivery) persons 18 years and over. 9. Emergency Fee (applications processed outside office hours for on- 25 30 the-spot delivery) persons under 18 years. *Fees charged at 6, 7, 8 and 9 above are payable in addition to the relevant passport fee. 366 Questions — 19 January 2010. Written Answers

671. Deputy Leo Varadkar asked the Minister for Foreign Affairs the revenue accrued from passport fees in 2008 and 2009; and if he will make a statement on the matter. [1328/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The revenues received in respect of passport fees in 2008 amounted to €29.7 million. The provisional outturn for 2009 amounts to €31.8 million.

International Agreements. 672. Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs the number of persons here who took up working holiday visas in 2009 under the agreements with Argentina, Australia, Canada, Hong Kong, Japan, New Zealand and the USA, by country; and the allocation of visas for here for each of these countries for 2010. [1387/10]

Minister for Foreign Affairs (Deputy Micheál Martin): Working Holiday agreements are concluded between Ireland and other Governments on a reciprocal basis. For Irish citizens the application is administered directly with the Embassy concerned or through an authorised sponsoring organisation. While precise figures are not yet available in relation to the number of visa applications by Irish citizens approved in all of the countries listed, the table beneath sets out the visa allocations for 2010 and available information on the number approved in 2009. In the case of Australia there is no specific allocation for Irish nationals under the Working Holiday Agreement. Approvals are usually dependant on meeting the eligibility criteria. The working holiday agreement concluded between Ireland and the United States, which was launched in 2009, allows those enrolled in or recently graduated from post secondary education to apply for a visa to work and live in the United States for a period of one year. There is no numerical limit on the number of visas available. Allocations under the Working Holiday agreements for each of the countries concerned are reviewed on a regular basis. Allocations remain unchanged from 2009 to 2010 with the exception of Canada which increased from 2500 to 4000. Information on visa approvals to the US is not released on an individual country basis so the figure quoted below is an estimate.

Working Holiday Agreement No. of visa approvals in 2009 Allocation 2010

Argentina 16(i) 100 Canada 2,500 4,000 Japan 35 400 Hong Kong 11 100 Australia 16,938 Not capped New Zealand (ii) Not capped USA 400(i) Not capped (i) Estimated figure. (ii) I will forward the figure for New Zealand to the Deputy later.

Human Rights Issues. 673. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support the case of a person (details supplied). [1417/10]

677. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs the position regarding the alleged imprisonment of a person (details supplied) in Tunisia; the actions the EU and 367 Questions — 19 January 2010. Written Answers

[Deputy Thomas P. Broughan.] the UN are taking to secure the release of this person; his views on the international campaign for human rights in Tunisia; and if he will make a statement on the matter. [1644/10]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 673 and 677 together. I am aware of the case of Dr Sadok Shourou, who was re-arrested on 3 December 2008, shortly after serving nearly 18 years of a 30 year sentence for his leadership of an Islamist group allegedly attempting to overthrow the Tunisian government. NGOs who observed his original trial at the time were critical of the proceedings. I also understand that Dr. Shourou was arrested for the second time on foot of comments he had made publicly and to the media about his earlier detention. He had also urged legalisation of the an-Nahdha political movement, of which he is the former president. The Tunisian authorities banned the an-Nahdha Party in 1991 on the grounds that they viewed it as an extremist organisation. Dr Shourou was sentenced on 13 December 2008 to a further year in prison on charges of resuming his political activities and speaking on behalf of a banned movement. His appeal in March 2009 was denied. Reports indicate that he remains in custody. I understand that there are concerns about his health, given the duration of his earlier period in detention and that he is now 62 years of age. The issue of freedom of expression and human rights generally in Tunisia is an important one and is subject to regular consideration at EU level. The EU has supported measures by the Tunisian authorities to promote pluralism, democracy and freedom of expression and of association. The EU also has a regular dialogue with Tunisia on human rights within the framework of the EU-Tunisia Association Agreement. Regrettably, the latest meeting of the sub- committee on human rights and democracy, which should have taken place under the Swedish Presidency, had to be postponed, at Tunisia’s request. I hope that it will be re-arranged during the current Presidency. Dr Shourou’s case has been raised at UN level by a number of NGOs, including in the context of the Universal Periodic Review of Tunisia at the UN Human Rights Council in April 2008. It is possible this contributed to Dr. Shourou’s release later that year. I understand that “The International Campaign for Human Rights in Tunisia” has set up a Facebook page to promote the cause of Dr Shourou, but I am not otherwise aware of the activities of this group.

Emigrant Supports. 674. Deputy Leo Varadkar asked the Minister for Foreign Affairs if he has assisted the Redleg people of Irish slave decent in Barbados, St. Vincent, Grenada and other Caribbean states; and if he will make a statement on the matter. [1475/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The Irish Abroad Unit within my Department maintains a keen interest in all aspects of the Irish experience of emigration, both forced and voluntary, and has active programmes aimed at strengthening our links with Irish communities overseas; including in the United States, Canada, Britain, Australia, New Zealand, Argentina, South Africa, Europe and Asia. While we have no active programme in the Caribbean at present, officials from the Irish Abroad Unit have held a number of exploratory meetings since 2008 with representatives of the descendents of those Irish people who were deported by Oliver Cromwell to Barbados in the 17th Century. During these discussions, the group were encouraged to maintain contact with the Government and to reflect further on the most appropriate way to recognise this unique community within the Irish Diaspora.

368 Questions — 19 January 2010. Written Answers

Representatives of the community are welcome to submit an application for funding under the Emigrant Support Programme when the 2010 grant round is launched in March by my Department.

Ethics in Public Office. 675. Deputy Fergus O’Dowd asked the Minister for Foreign Affairs the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1512/10]

Minister for Foreign Affairs (Deputy Micheál Martin): As the Deputy will be aware, Mini- sters, Ministers of State, and Special Advisers are required to make an annual statement of registerable interests to the Standards in Public Office Commission, as set out in the Ethics in Public Office Acts 1995 and 2001. Statements of registerable interests must include any gifts of a value in excess of that set out in the Ethics in Public Office Acts (currently €650). I have made annual returns for 2007, 2008 and 2009. I did not receive any gifts over the value of €650 during the period in question. In regard to gifts received under the value of €650, these are not declared in the annual statement of interests. A comprehensive list of such gifts is not maintained; however, I can assure the Deputy that receipt of such gifts is unusual and that they are generally token in nature.

Election Management System. 676. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support the campaign on votes for Irish emigrants in view of the fact that 115 countries already support this view; and if he will use this initiative to support the economy here. [1614/10]

Minister for Foreign Affairs (Deputy Micheál Martin): My colleague, the Minister for Envir- onment, Heritage and Local Government has primary responsibility for the various legislative codes dealing with the registration of electors and the conduct of elections and referendums. Policy regarding votes for non residents is dealt with by the Franchise section of that Department. The question of voting rights for Irish citizens living abroad was most recently considered in 2002, by the All-Party Committee on the Constitution . In relation to emigrant participation in political life, the Committee concluded that the right to vote in Oireachtas elections should remain confined to citizens ordinarily resident in the State. However the renewed Programme for Government, agreed in October 2009, mandates that recommendations should be made on the feasibility of extending the franchise for Presidential Elections to the Irish abroad. It will be the responsibility of the Department of Environment to progress this issue. The Government attaches a high priority to the interests of Irish emigrants. Under my Department’s Emigrant Support Programme, over €60M has been allocated to Irish welfare, culture and heritage organisations abroad over the past five years. A further €12.M has been allocated to the Programme for 2010, which will allow us to continue to maintain and strengthen links with Irish communities abroad.

Question No. 677 answered with Question No. 673.

Humanitarian Relief. 678. Deputy Pat Breen asked the Minister for Foreign Affairs if, in view of the recent earth-

369 Questions — 19 January 2010. Written Answers

[Deputy Pat Breen.] quake in Haiti, he will assist and make a funding contribution for aid for the victims affected; and if he will make a statement on the matter. [1848/10]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): On Tuesday, 12 January, at approximately 16:53h local time, an earthquake measuring 7.0 on the Richter scale was recorded off the coast of Haiti, only 17km from the capital Port au Prince. Casualties are believed to be in the tens of thousands and widespread destruction of infrastructure has been reported, including to schools and hospitals. Water and electricity supplies are down, and there is very limited communication. I am deeply saddened by these events and I join with the President in expressing the condolences of the Irish people to the nation of Haiti. A UN Disaster Assessment and Coordination (UNDAC) team arrived in Haiti last week. Other emergency teams from, amongst others, the UN, Red Cross, and Non-governmental Organisation have also been flooding into the country over the past few days. It is apparent that a major relief effort is required and immediate priorities include search and rescue, emergency medical assistance, shelter, clean water, food and sanitation equipment. Yesterday I attended an emergency meeting of the EU Foreign Affairs Council at which Ministers agreed an initial response of €122 million to meet Haiti’s short term humanitarian needs. Ireland has contributed €2 million, including €1 million to an urgent appeal launched by the UN on 15 January. The remainder will be disbursed via NGOs operating in Haiti and the Red Cross — to whom we have already disbursed €250,000. In addition to our financial support Ireland today dispatched approximately 83 tonnes of essential humanitarian supplies from our emergency stockpiles. These supplies of plastic sheet- ing, blankets, kitchen sets, soap, and water containers will provide essential necessities for 8,000 families. These Government stocks will be given to Concern and Goal for distribution through their operations in Haiti. We have also deployed two members of our Rapid Response Corps, a 130-strong group of highly-skilled volunteers who are seconded at short notice to humanitarian organisations in need of their skills. The two concerned, and IT expert and an electrical engineer, have been assigned to the World Food Programme. Others, with skills in areas such as logistics, water and sanitation and child protection are on stand-by. Central to the international response is the UN Central Emergency Response Fund set up following the 2004 Tsunami to allow an immediate reaction to a disaster such as that in Haiti. Ireland was very involved in the establishment of the CERF and we committed €20m to the UN Central Emergency Response Fund in 2009, part of a €73m commitment since 2006. So far USD $25 million has been allocated from the CERF to support the Haiti relief effort. Irish Aid has dispatched a small technical mission to assess the immediate needs of the Haitian people, identify short-term gaps in the overall response and assess how Ireland can best contribution to the overall relief effort. The mission is made up of Irish Aid staff and Defence Forces personnel.

Middle East Peace Process. 679. Deputy Pat Breen asked the Minister for Foreign Affairs his views on the possibility of resumption of Middle East talks between Israel and Palestine; if he will report on his discussions with his EU counterparts in relation to this matter; and if he will make a statement on the matter. [1849/10]

370 Questions — 19 January 2010. Written Answers

Minister for Foreign Affairs (Deputy Micheál Martin): The United States has been actively engaged in an effort to persuade the Israeli and Palestinian authorities to re-enter negotiations aimed at reaching a final status agreement within a finite timescale. Progress has been slow and difficult, but this effort has injected new life into a peace process which had been stalled. The US efforts are being conducted by Secretary of State Clinton and by the President’s Special Envoy Senator George Mitchell, in whose abilities and commitment we in Ireland have great confidence. Senator Mitchell is due to return to the region this week for further discussions on how to encourage a resumption of peace negotiations. Ireland and its EU partners have been working in support of this goal. The resolution of the many problems facing Israel and Palestine can only come through an ending of the occupation and the achievement of a two-state solution. That is the objective of the political process. Bilaterally and through the EU, we have encouraged both sides and the key regional partners to seize the opportunity which now exists, and which may not recur for a long time if it is missed. This complex set of issues is the subject of very frequent discussion among EU Foreign Ministers. At the Foreign Affairs Council in December, the Council adopted substantial Con- clusions setting out in some detail the EU’s views on the key issues.

Human Rights Issues. 680. Deputy Billy Timmins asked the Minister for Foreign Affairs if he will respond to a query (details supplied); and if he will make a statement on the matter. [1855/10]

Minister for Foreign Affairs (Deputy Micheál Martin): I shall, of course, be responding to the correspondence to which the Deputy refers. The issue of human rights in North Korea and the plight of the ordinary people there are matters of very deep concern. While the North Korean regime continues to invest precious resources in its nuclear and military programmes, and in the welfare of its elites, the country is suffering chronic food insecurity and high malnutrition rates, and remains reliant on external food assistance to meet the needs of its 23 million people. Violations of human rights in North Korea are well-documented. In his report of 22 October last, the UN Special Rapporteur on the situation of human rights in North Korea, Prof. Vitit Muntarbhorn, described the human rights situation there as “abysmal”. He noted that despite various formal guarantees in the Constitution, the people of the DPRK are subject to per- secution, clampdowns, collective punishment, torture, arbitrary executions and public executions and he added that almost 9 million people in the DPRK are suffering from food shortages. I take these human rights violations very seriously. Issues relating to human rights are raised bilaterally with the North Korean authorities by our Ambassador in Seoul, who is accredited to North Korea, during his regular visits to the North. They have also been raised by visiting senior officials from my Department. North Korea broke off the Human Rights Dialogue which the EU initiated with it some years ago. EU meetings of a more general nature continue to take place, however, human rights concerns are raised in this context. The most recent such meeting, at senior official level, took place during an EU Troika visit to Pyongyang from 26 — 30 October last. On 7 December North Korea was subject to a Universal Periodic Review (UPR) by the Human Rights Council. A wide range of issues regarding human rights abuses were raised. In its contribution to the UPR, the Irish delegation raised a number of specific human rights issues directly with the DPRK authorities, including those relating to the right to a fair trial and

371 Questions — 19 January 2010. Written Answers

[Deputy Micheál Martin.] freedom of religion. We noted the widely-shared alarm, across the international community and from all regions, at the extent of human suffering caused by the violations of human rights in DPRK and we called again on the authorities there to work with the Special Rapporteur. Unfortunately, North Korea has consistently refused to recognise or co-operate in any way with the Special Rapporteur or with any other human rights investigations. As regards the issue of money laundering, I am certainly aware that there are widespread allegations relating to North Korea’s financial arrangements abroad and to possible money- laundering activities. This issue was much highlighted previously in the context of Macau. Action has been taken internationally to address illegal money-laundering and we will continue to monitor whether additional regulation is required in this regard. At the EU level, the EU Council’s 3rd Money Laundering Directive requires financial institutions and certain other persons, such as lawyers and accountants, to identify their customers (including beneficial owners) and to report suspicions of money laundering to the national authorities . This Directive’s provisions apply to all EU Member States, including Luxembourg.

Departmental Staff. 681. Deputy Denis Naughten asked the Minister for Foreign Affairs the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2170/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The following table below gives details of the number of staff in my Department in each of the years concerned.

Year Number of Staff

2007 1,214 2008 1,257 2009 1,279 2010 1,276

The numbers above reflect the actual number of staff serving in my Department at Head- quarters, and Departmental officers on temporary assignment abroad. They include those who work-share, but exclude approximately 300 locally-engaged staff of Irish Missions. It is not possible to provide a comparative breakdown by Section of the number of staff for each of the years in question. The changing business needs of my Department, along with the nature of its core work, require frequent reassignment of staff. In addition, the moratorium on recruitment in the civil and public service means that staff and functions are continually being reallocated and reorganised. My Department does not maintain historical lists of staff assigned to individual Sections.

Sports Funding. 682. Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism if funding will provided to an organisation (details supplied) in County Roscommon for a project; and if he will make a statement on the matter. [48627/09

683. Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism his plans to provide financial support to all local sports partnerships under a national programme (details supplied); and if he will make a statement on the matter. [48628/09] 372 Questions — 19 January 2010. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I propose to take Questions Nos. 682 and 683 together. As I have previously informed the House, special funding of €2.5 million was allocated from the dormant accounts fund for the appointment of 20 Sports Inclusion Development Officers (SIDOs) in Local Sports Partnerships (LSPs) in 2008. The SIDOs were appointed on two- year contracts to provide opportunities for persons with a disability to participate in sport and physical activity. A network of 33 LSPs have been set up throughout the country by the Irish Sports Council (ISC) to coordinate and promote sport at local level especially amongst specific target groups such as older people, girls and women, people with disabilities, unemployed people, and those who live in identified disadvantaged communities. The special dormant accounts funding was in addition to the annual funding provided to the LSPs by the ISC for programmes and initiatives aimed at increasing participation in recreational sport. Of the €2.5 million allocated from the dormant accounts fund for the SIDO scheme, €800,000 was provided through my Department’s Vote in 2008 and over €1.3 million in 2009. The final provision of €395,000 from the dormant accounts allocation is included in the 2010 Vote of my Department. The continued funding of the SIDO scheme is being considered by the ISC in the context of the distribution of its budget for 2010.

Tourism Industry. 684. Deputy Joe McHugh asked the Minister for Arts, Sport and Tourism his policy on eco- tourism projects which are using sustainable technology which would bring investment into the local economy; and if he will make a statement on the matter. [1606/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): As stated in my reply to PQ 46932/09 (277) on 15 December 2009, my Department is committed to supporting the balanced implementation of the broad sustainability agenda in tourism development, in line with Prog- ramme for Government commitments. With specific regard to eco-tourism and the use of sustainable technology, such commitments include, inter alia, seeking, with the Tourism Agencies and Local Authorities, suitable areas to develop and promote eco-tourism, as well as enhancing the existing Northwest Project, the Green Box, as well as the promotion of best practice in terms of environmental sustainability. Delivering on such commitments involves a combination of actions at a strategic, policy level by my Department, as well as operational actions by Fáilte Ireland, the National Tourism Development Authority. At the sectorial policy level, the current tourism development strategy, New Horizons for Irish Tourism: An Agenda for Action 2003-2012, recognises the importance of good management practices in maintaining and enhancing the attractiveness of both the built and natural environments. The recently published Report of the Tourism Renewal Group further recognises the fact that tourism is particularly well-positioned for a green economy/sustainable development approach and acknowledges the importance of Ireland’s environment to the visitor experience. At the operational level, the promotion of good environmental practice within the tourism industry, including the use of sustainable technology, is a matter for Fáilte Ireland. Similarly, Fáilte Ireland also has responsibility for the development of tourist facilities and services, including specific product segments such as eco-tourism. I am advised by Fáilte Ireland that, following overseas market research undertaken during summer 2009, it is currently devising a strategy for the development of the natural heritage tourism product, part of which is focused

373 Questions — 19 January 2010. Written Answers

[Deputy Martin Cullen.] specifically on eco-tourism. This follows the launch in March 2009 of an “Ecotourism Hand- book”, published by Fáilte Ireland in association with the Greenbox eco-tourism project, which is a practical guide designed to assist tourism businesses that want to develop as eco-tourism businesses in order to increase their overall sustainability and generate new business. I am further advised by Fáilte Ireland that it has also been involved with groups in both the Burren and South Kerry regarding eco-tourism. The project with a group in the Burren, to help establish it as a destination for eco-tourism, involves training in environmental standards, certification and the development of a holistic tourism experience in the area that meets the needs of international customers, as highlighted in recent research. Most recently, just before Christmas 2009, as part of the Collabor8 Interreg Project, Fáilte Ireland, in association with the South Kerry Development Partnership, initiated a project which will see the introduction of an eco-label for tourism micro-enterprises in the South Kerry area. I understand that 60 micro-enterprises have already signed up for the project and training for them will begin at the end of January 2010. In addition to strategies and programmes under my own Department and Fáilte Ireland, I understand that there are further supports available to help Irish businesses (including those in the tourism sector) make more efficient and sustainable use of resources, thus benefitting the business itself, the local economy and the environment. Such supports include guidance available from and programmes administered by Sustainable Energy Ireland (SEI) and by the Environmental Protection Agency (EPA), for which my colleagues the Ministers for Communi- cations, Energy and Natural Resources and for the Environment, Heritage and Local Govern- ment are responsible, respectively. Furthermore, there is also a scheme of accelerated capital allowances for energy equipment, a tax incentive aimed at encouraging companies across all sectors to invest in energy saving technology (as approved and listed by the Minister for Communications, Energy and Natural Resources), which was extended in Budget 2010 to include catering and hospitality equipment.

Departmental Agencies. 685. Deputy Jan O’Sullivan asked the Minister for Arts, Sport and Tourism if he will abide by the recommendations of the Dalton report on the appointment and tenure of members of the board of Bord na gCon; and if he will make a statement on the matter. [48265/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Under the terms of the Grey- hound Industry Act, 1958, as amended by the Greyhound Industry (Amendment) Act, 1993, I, as Minister for Arts, Sport and Tourism, have responsibility for appointing the members of Bord na gCon. Bord na gCon consists of seven members — a Chairman and six ordinary members. The normal term of membership of an ordinary member of the board of Bord na gCon is three years, with two ordinary members retiring each year. An ordinary member whose term of office expires shall be eligible for re-appointment. Following his independent assessment of corporate governance and related matters affecting Bord na gCon, Mr Tim Dalton recommended, among other things, that the term of office of ordinary members (i.e. three years) should stand, with the possibility of being reappointed for one — but only one — further three-year term (i.e. a maximum service of 6 years). Legislation to give effect to the recommendations of the Dalton Report is at an advanced stage of preparation.

Departmental Staff. 686. Deputy George Lee asked the Minister for Arts, Sport and Tourism the number of Civil

374 Questions — 19 January 2010. Written Answers

Service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a postgraduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48307/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): As at 31 December 2009, there was a total of 162 staff members serving in the Department of Arts, Sport and Tourism, including the National Archives. As the Department does not have any sanctioned economist posts, a qualification in economics is not a prerequisite for staff serving in the Department. Accordingly, while the Department is aware that at least 3 members of staff have economics degrees, it is not possible to say how many staff in total have such qualifications.

Sports Capital Programme. 687. Deputy John O’Donoghue asked the Minister for Arts, Sport and Tourism when a club (details supplied) in County Kerry will receive the remainder of the sports capital moneys. [48446/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I understand that his grant was paid on 13 January, 2010.

688. Deputy John O’Donoghue asked the Minister for Arts, Sport and Tourism when a club (details supplied) in County Kerry will receive the remainder of the sports capital moneys. [48450/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The grantee in question was allocated grants totalling €350,000, including a top up funding of €50,000 from Clár, under the Sports Capital Programme between 2006 and 2008. Of this, €15,000 remains to be drawn down, equivalent to a retention amount of 5% of the Sports Capital Programme allocation. In order to draw down this remaining balance, the grantee in question must submit a Certificate of Final Completion or a letter from their technical supervisor confirming the end of the defects liability period in accordance with the terms and conditions of the Programme.

Irish Horseracing Industry. 689. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism if he has investigated the possibility of attracting the World Equestrian Games to Ireland; the impact this would have; and if he will make a statement on the matter. [48597/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Responsibility for applying to host the World Equestrian Games rests with the relevant national governing body, in this case Horse Sport Ireland (HSI). In this regard, consideration was given by HSI in 2008 to making an application to host the 2014 World Equestrian Games. However, I am informed by HSI that, following consideration of the matter at board level, they decided not to proceed with the bid.

Tourism Industry. 690. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism if the reduced price travel scheme announced in budget 2010 will apply to the over-55 years or over-65 years; if the scheme is for the over-55 years, will it apply to Irish nationals over 55 years; and if he will make a statement on the matter. [48608/09]

375 Questions — 19 January 2010. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): In his Financial Statement on Budget 2010 last month, my colleague Mr Brian Lenihan TD,Minister for Finance, stated that Iarnród Éireann have agreed to participate in a new scheme, to be developed by Fáilte Ireland, aimed at senior citizens visiting Ireland from abroad. As previously indicated, the scheme is to be developed by Fáilte Ireland, the National Tour- ism Development Authority. I am advised by Fáilte Ireland that it has had initial discussions with Iarnród Éireann, that work is currently underway to finalise the details of this scheme and that arrangements are expected to be finalised in time for the start of the peak tourism season. More information on this initiative will be given by Fáilte Ireland and Iarnród Éireann when the details have been finalised. This imaginative initiative should boost visitor numbers in the older age cohorts, which remains a strong market segment for Irish tourism.

Departmental Expenditure. 691. Deputy Richard Bruton asked the Minister for Arts, Sport and Tourism the savings outlined in the report of the special group on public numbers and expenditure programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1250/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): All of the proposals identified in the Report of the Special Group have been taken into account in the allocation of savings for my Department’s Vote Group in 2010. The attached tabular statement outlines the proposals made by the Special Group and the reductions that have been applied to the relevant allocations for 2010. In addition to those outlined, further savings will be achieved by reductions in allocations to various programmes across my Department which were not included in the Recommendations of the Special Group. In total, reductions in allocations for 2010 will yield savings of €28m in current expenditure and €17m in capital expenditure. The Deputy will be aware that an additional €14m was made available in the Budget for tourism product development in 2010, resulting in net capital expenditure savings of €3m in my Department’s Vote Group.

Measures identified by the Special Group and Annual Saving Savings allocated for 2010

€m €m

Tourism Reduction in allocation to Fáilte Ireland 15.0 8.5 Reduction in allocation to Tourism Marketing Fund 12.0 3.0

27.0 11.5

Sport Reduction in grants to Irish Sports Council 17.7 1.9 Discontinue Sports Campus Ireland 1.0 0.7 2.0 (capital) 0 Reduction in staffing across Sport Programme 1.0

21.7 2.6

Horse & Greyhound Industry Reduction in Horse and Greyhound Racing Fund 16.4 4.4

16.4 4.4

376 Questions — 19 January 2010. Written Answers

Measures identified by the Special Group and Annual Saving Savings allocated for 2010

€m €m Arts & Culture Reduction of allocation for Arts Council 6.1 3.7 Discontinuation of allocation for Cultural Projects 5.3 0.9 Discontinuation of allocation for Culture Ireland 4.6 0.5 Transfer of the Irish Film Board functions to Enterprise Ireland 3.0 0.2 and discontinuation of the investment fund 17.3 (capital) 0.8 (capital) Staff Savings through outsourcing across cultural institutions 2.0

38.3 6.1

D/AST Administrative Efficiencies 1.1 0.7 National Gallery Administrative Efficiencies 0.3 0.5

Total Group Savings 104.8 25.8

Ethics in Public Office. 692. Deputy Fergus O’Dowd asked the Minister for Arts, Sport and Tourism the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1504/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The receipt of gifts by an office holder is covered under The Ethics in Public Office Act, 1995 (as amended by the Standards in Public Office Act, 2001) and requires the office holder to provide a statement of Registerable Interests on an annual basis to the Standards in Public Office Commission. These statements are subsequently published by the Standards in Public Office commission and can be viewed on their website www.sipo.gov.ie. The information is also available on the Oireachtas website www.oireachtas.ie.

Departmental Staff. 693. Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2162/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The information requested by the Deputy, which relates to Whole Time Equivalent (WTE) numbers, is set out in the following table:

Year end Arts and Culture Sports Division Tourism Division Corporate Support Total (WTE) Division, including Services including National Archives HR, Finance, IT & Audit

2007 76.95 32.22 11.05 57.95 178.17 2008 81.85 27.82 11.85 49.45 170.97 2009 71.70 25.12 10.55 48.95 156.32

The Deputy will note that the current staffing complement is 12% below the 2007 level. 377 Questions — 19 January 2010. Written Answers

[Deputy Martin Cullen.]

The staff resources are allocated in response to the business needs of the Department.

Departmental Records. 694. Deputy John O’Mahony asked the Minister for Community, Rural and Gaeltacht Affairs if a report on a project (details supplied) will be made available; and if he will make a statement on the matter. [1147/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The Deputy will appreciate that, in the context of a ‘details supplied’ Question, it is difficult to be explicit about the matter raised by him but I can confirm that a copy of the report referred to has been provided by my Department to the ‘promoters’ in this case. I must, however, advise the Deputy that, for commercially sensitive reasons, it will not be possible for my Department to make copies of the report available to other parties.

Departmental Staff. 695. Deputy George Lee asked the Minister for Community, Rural and Gaeltacht Affairs the number of Civil Service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a postgraduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48309/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The number of civil service staff currently serving in my Department is 251. I can confirm to the Deputy that my Department does not employ a professional economist. In relation to the number of general staff who hold an economics degree, postgraduate economics degree or PhD in economics, it is not possible to give a definitive answer, as there is no obligation on staff to disclose the nature of their qualifications unless specifically required in the context of a professional post. I can confirm to the Deputy, however, that my Department encourages its staff to develop their skills and expertise in line with the Performance Manage- ment Development System (PMDS) and, to date under that system, a number of staff have pursued courses and degrees of a financial/economic nature.

Departmental Correspondence. 696. Deputy Mary Upton asked the Minister for Community, Rural and Gaeltacht Affairs if he will support the appointment of an independent mediator to resolve the issue regarding an organisation (details supplied); and if he will make a statement on the matter. [48605/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): My Depart- ment is currently in discussion with those involved in this issue to explore the scope for engagement by them under the auspices of an agreed independent person in relation to the issues involved and with a view to resolution of this dispute. Given that discussions are at a sensitive stage, I do not think it helpful to say anything further at this time on the public record and, indeed, I am precluded from being more specific in the context of replying to a ‘details supplied’ Question.

Security of the Elderly. 697. Deputy Jan O’Sullivan asked the Minister for Community, Rural and Gaeltacht Affairs

378 Questions — 19 January 2010. Written Answers when the personal alarm scheme for older persons will be restored; and if he will make a statement on the matter. [1092/10]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): I announced the restoration of the Scheme of Community Support for Older People on 2 October 2009. The Scheme will remain open until revised arrangements are put in place, which I expect to happen in the coming weeks. The Scheme funded 432 community groups in 2009 providing 6,523 older persons with security equipment with the vast majority of them receiving the socially monitored alarm. Details of all payments made to beneficiary groups under the Scheme are published monthly, on a county basis, on my Department’s website at www.pobail.ie

Grant Payments. 698. Deputy Joe McHugh asked the Minister for Community, Rural and Gaeltacht Affairs if a Pobal grant will be awarded to an organisation (details supplied); when this grant will be delivered; and if he will make a statement on the matter. [1145/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The organisation in question has received support under the Community Services Programme for the provision of services for a number of years. The last contract expired on 31 December 2009 and the offer of funding for 2010 has been approved. My Department wrote to the organisation following the December Budget indicating that the contract was to be renewed and this matter is now in hand.

Community Development. 699. Deputy Denis Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the steps he is taking to address the red tape associated with the draw down of Leader programme funding from the integrated development companies; and if he will make a statement on the matter. [1208/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Funding of the order of €425m is available over the lifetime of the Rural Development Programme (RDP) 2007 — 2013 and all expenditure under it is subject to EU rules and regulations. In this context, a number of Local Action Groups (LAGs), formerly know as LEADER companies, have been contracted by my Department to deliver the Programme and they must do so in compliance with those EU regulations. The RDP Operating Rules which govern the day-to-day operation of the Programme are, in turn, based on EU regulations and are subject to the same audit and verification requirements in Ireland as in every other Member State. The Deputy will appreciate that my Department is charged with ensuring that there is no misappropriation of funds and that all expenditure under the RDP is in line with the regulations as set out by the European Commission. It is vital that adequate systems are in place to ensure that value for money is guaranteed for every euro spent under this Programme. All the LAGs were fully aware of the regulatory environment that would operate when they submitted their applications to deliver the Programme in their areas of operation and they all agreed to abide by those in the contracts they signed with me in 2009.

379 Questions — 19 January 2010. Written Answers

[Deputy Éamon Ó Cuív.]

When I met the representatives of the LAGs last Autumn I invited them to make a submission to me in relation to any difficulties they had in relation to the implementation of the Programme. This submission is still awaited. I can assure the Deputy that my Department is working closely with each LAG in order to maximise the impact of the RDP in their own areas and I have full confidence in their ability to deliver.

Community Development. 700. Deputy Finian McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if he will support a project (details supplied) in Dublin 5. [1218/10]

• To promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services.

• To increase access to formal and informal educational, recreational and cultural development activities and resources.

• To increase peoples’ work readiness and employment prospects.

• To promote engagement with policy, practice and decision-making processes on matters affecting local communities.

The new programme will preserve elements of good practice from the CDP/LDSIP Prog- rammes and will enable groups to objectively demonstrate the positive impacts they are securing for local communities. An implementation strategy, involving the stakeholders, is underway in preparation for LCDP roll-out over the course of 2010. In advance of proceeding to establish a single programme across CDPs and Partnerships, my Department undertook an evaluation of individual community development projects. Many of these projects span across two decades, with quite diverse activities. The objective of the review was to identify those projects that produce tangible, appropriate benefits for the communities they serve. The vast majority of projects fall into this category and have been offered funding under the new programme in 2010. Where projects were not recommended for continued funding, an appropriate appeals mechanism has been provided. I understand the project referred to by the Deputy has submitted an appeal and that officials from my Department have been in touch with them in this regard. It is intended that the appeals process would be completed before end-January 2010 and during that period temporary funding has been provided in

380 Questions — 19 January 2010. Written Answers respect of the basic running costs of projects under appeal, i.e., grant towards salaries and appropriate overheads.

701. Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs if funding will be restored to a project (details supplied) in County Waterford; and if he will make a statement on the matter. [1227/10]

• To promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services.

• To increase access to formal and informal educational, recreational and cultural development activities and resources.

• To increase peoples’ work readiness and employment prospects.

• To promote engagement with policy, practice and decision-making processes on matters affecting local communities.

Departmental Expenditure. 702. Deputy Richard Bruton asked the Minister for Community, Rural and Gaeltacht Affairs the savings outlined in the Report of the Special Group on Public Numbers and Expenditure

381 Questions — 19 January 2010. Written Answers

[Deputy Richard Bruton.] Programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1252/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): As the Deputy will be aware, the recommendations in the Report of the Special Group on Public Service Numbers and Expenditure Programmes represented a set of options that were given appropriate consideration by Government in the context of the 2010 Budget. The Government decided, as part of its strategy to manage its way through the current severe economic crisis and to return the country to prosperity, to reduce spending on public services by almost €1 billion in 2010 compared with the pre-Budget estimates. To the greatest extent possible, the savings have been sought through efficiencies rather than through reductions in services. In the case of my own Department, gross funding at €415.426m in 2010 is a reduction of 13% relative to the 2009 allocation of €475.701m. Current funding is reduced by 9%, a decrease of €32.1m, and capital funding is reduced by 21%, a decrease of €28.175m. The breakdown of these reductions is provided in the recently published Budget Estimates Volume. However, for the Deputy’s convenience, the table shows the breakdown by Prog- ramme Area of my Department.

Programme Area 2009 Estimate 2010 Estimate % Change

€€% Developing Communities 163,316 140,908 −14 Tackling Problem Drug Use 40,611 36,200 −11 Rural Development 102,422 101,627 −1 Gaeltacht & Islands Development 85,918 62,501 −27 Promotion of the Irish Language 9,375 6,591 −30 North/South Co-operation 55,102 52,990 −4

In a joint statement with the Minister of State at my Department, Mr John Curran, T.D., on Budget Day, we stressed that our primary concern is to make every effort to ensure that the daily front-line services provided with funding from my Department are protected, especially those focused on the needs of the most socially deprived communities. Every saving that can be made from cutting down on overheads will be pursued so that the entire range of urban, rural, Gaeltacht and island communities we serve retain, to the greatest extent possible, the services that have been developed in partnership with them over the years. Details of the breakdown under the various subheads will not be available until the publication of the 2010 Revised Estimates Volume in due course.

Community Development. 703. Deputy Paul Gogarty asked the Minister for Community, Rural and Gaeltacht Affairs the rationale that has been used in making cuts to community development partnerships; if an analysis of outcomes and cost benefit analysis has been carried out before implementing such cuts; the recourse that groups such as north Clondalkin CDP have in making appeals within the process; if calls for consultation with stakeholders will be listened to along with aΛpostpone- ment of cuts pending same; and if he will make a statement on the matter. [1271/10]

Development Social Inclusion (LDSIP) and Community Development Programmes (CDP), drawing on good international practice and to support the ongoing evaluation of the programmes. Both programmes have a community development element and were delivered through separate local delivery structures. These programmes came to an end on 31 December 2009 and have been superseded by a new programme, the Local and Community Development Programme (LCDP). In advance of proceeding to establish a single programme across CDPs and Partnerships, my Department undertook an evaluation of individual community development projects. Many of these projects span across two decades, with quite diverse activities. The objective of the review was to identify those projects that produce tangible, appropriate benefits for the communities they serve. The vast majority of projects fall into this category and have been offered funding under the new programme in 2010. Where projects were not recommended for continued funding, an appropriate appeals mechanism has been provided. I understand the project referred to by the Deputy has submitted an appeal and that officials from my Department have been in touch with them in this regard. It is intended that the appeals process would be completed before end-January 2010 and during that period temporary funding has been provided in respect of the basic running costs of projects under appeal, i.e., grant towards salaries and appropriate overheads.

704. Deputy Michael McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the amount of funding being made available to community development projects (details supplied) in Cork for 2010; the way these CDP’s will be structured; and if he will make a statement on the matter. [1292/10]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): As I outlined previously to the House, my Department has seen the need to redesign its community development/social inclusion programmes, particularly the Local Development Social Inclusion (LDSIP) and Community Development Programmes (CDP), drawing on good international practice and to support the ongoing evaluation of the programmes. Both programmes have a community development element and were delivered through separate local delivery structures. These programmes came to an end on 31 December 2009 and have been superseded by a new programme, the Local and Community Development Programme (LCDP). The new integrated programme requires the development at local level of integrated service delivery mechanisms and structures. The Department has set out a model for this which would result in the full integration of local development companies (e.g. Partnership companies) with the relevant CDPs in the area by end-2010 under a single Board structure. However, the Department has also made it clear that, if proposals emerge at local level for better integration models, the Department will respond constructively. With the support of my Department and Pobal, the local development companies and the CDPs are now starting the process of programme implementation, including consideration of structural issues. I am pleased to have been able, in the context of the new programme, to ring-fence funding for community development projects for 2010 and to maintain it at 2009 levels. In few other areas of public spending has it been possible to do this. The indicative allocation for 2010 for the projects referred to by the Deputy is of the order of €263,000. I am committed to the new programme and to implementing it in the best possible way. My Department will engage positively with all stakeholders who are prepared to engage constructively in that process.

383 Questions — 19 January 2010. Written Answers

Ethics in Public Office. 705. Deputy Fergus O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1506/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): As a Member of Dáil Éireann the Minister is aware of and complies with the necessary declarations under the Ethics Acts. Details of all declarable items /benefits are available on the appropriate websites of the Standards in Public Office Commission and the Houses of the Oireachtas.

Decentralisation Programme. 706. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if the contracts will be renewed for persons that are in the Tubbercurry section of his Depart- ment; the number of persons working there; the annual cost for the office in Sligo; and the breakdown of the cost categories incurred. [1890/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): As the Deputy will be aware, 100 posts relocated from my Department to Tubbercurry, Co. Sligo, under the decentralisation programme and there are currently 91 civil servants serving in that location. These are all permanent staff and are not subject to contract renewal. In relation to the annual costs for my Department’s offices in Tubbercurry, the most recent figures available show that, in the year to September 2009, my Department incurred expenditure of €357,482 on non-property costs. I must emphasise that this amount relates only to my own Department and does not cover costs incurred by the Office of Public Works on rent and accommodation. The breakdown of expenditure is as set out as follows:

Training Travel and Incidental Postal and Office machinery, Office Total subsistence expenses telecom supplies and related premises expenses services expenses

€5,000 €97,719 €34,782 €39,184 €146,998 €33,799 €357,482

707. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide a copy of the report that was completed on the Cairn Centre, Kiltimagh, County Mayo which was being looked at for decentralisation purposes. [1897/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): As the Deputy will be aware, following an approach by IRD Kiltimagh to Government regarding the Cairn Trade Centre, a decision was taken for OPW to examine the building in terms of its suitability as a headquarters for my Department. Following their review of the building, OPW provided my Department with a report in this regard on 25 November 2009. The report indicated that the Cairn Trade Centre was not suitable for the needs of my Department and did not recommend it as a headquarters building. I can confirm that a copy of the report prepared by OPW in this case has been provided by my Department to IRD Kiltimagh. I must, however, advise the Deputy that, for commercially sensitive reasons, it will not be possible for my Department to make copies of the report available to other parties.

384 Questions — 19 January 2010. Written Answers

Community Development. 708. Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the status of the decision to close a community development project (details supplied) in Dublin 12; if his attention has been drawn to the services provided by this community development project and the effects on the local community and the persons who availed or depended on the CDP. [1947/10]

• To promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services.

• To increase access to formal and informal educational, recreational and cultural development activities and resources.

• To increase peoples’ work readiness and employment prospects.

• To promote engagement with policy, practice and decision-making processes on matters affecting local communities.

The new programme will preserve elements of good practice from the CDP/LDSIP Prog- rammes and will enable groups to objectively demonstrate the positive impacts they are securing for local communities. An implementation strategy, involving the stakeholders, is underway in preparation for LCDP roll-out over the course of 2010. In advance of proceeding to establish a single programme across CDPs and Partnerships, my Department undertook an evaluation of individual community development projects. Many of these projects span across two decades, with quite diverse activities. The objective of the review was to identify those projects that produce tangible, appropriate benefits for the communities they serve. The vast majority of projects fall into this category and have been offered funding under the new programme in 2010. Where projects were not recommended for continued funding, an appropriate appeals mechanism has been provided. I understand the project referred to by the Deputy have submitted an appeal and that officials from my Department have been in touch with them in this regard. It is intended that the appeals process would be completed before end-January 2010 and during that period temporary funding has been provided in respect of the basic running costs of projects under appeal, i.e., grant towards salaries and appropriate overheads.

709. Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the status of the decision to close a community development project (details supplied) in Dublin 10; if his attention has been drawn to the services provided by this community

385 Questions — 19 January 2010. Written Answers

[Deputy Aengus Ó Snodaigh.] development project and the effects on the local community and the persons who availed or depended on the CDP. [1948/10]

• To promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services.

• To increase access to formal and informal educational, recreational and cultural development activities and resources.

• To increase peoples’ work readiness and employment prospects.

• To promote engagement with policy, practice and decision-making processes on matters affecting local communities.

710. Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the status of the decision to close a community development project (details supplied) in Dublin 8; if his attention has been drawn to the services provided by this community development project and the effects on the local community and the persons who availed or depended on the CDP. [1949/10]

386 Questions — 19 January 2010. Written Answers

• To promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services.

• To increase access to formal and informal educational, recreational and cultural development activities and resources.

• To increase peoples’ work readiness and employment prospects.

• To promote engagement with policy, practice and decision-making processes on matters affecting local communities.

711. Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the status of the decision to close a community development project (details supplied) in Dublin 10; if his attention has been drawn to the services provided by this community development project and the effects on the local community and the persons who availed or depended on the CDP. [1950/10]

387 Questions — 19 January 2010. Written Answers

[Deputy John Curran.] Development Social Inclusion (LDSIP) and Community Development Programmes (CDP), drawing on good international practice and to support the ongoing evaluation of the programmes. Both programmes have a community development element and were delivered through separate local delivery structures. These programmes came to an end on 31 December 2009 and have been superseded by a new programme, the Local and Community Development Programme (LCDP). The aim of the new programme is to tackle poverty and social exclusion through partnership and constructive engagement between Government and its agencies and people in disadvantaged communities. This will be underpinned by four high level goals:

• To promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services.

• To increase access to formal and informal educational, recreational and cultural development activities and resources.

• To increase peoples’ work readiness and employment prospects.

• To promote engagement with policy, practice and decision-making processes on matters affecting local communities.

Departmental Staff. 712. Deputy Denis Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2164/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The number of staff by programme area serving in my Department at year-end in 2007, 2008 and 2009 is set out in the table. In view of the redesign of work areas and the number of structural changes that occurred across my Department during this period, it is not feasible to provide a division/section level breakdown of staff as requested by the Deputy.

388 Questions — 19 January 2010. Written Answers

Programme Area 2007 2008 2009

Community Development 42 47 41 Drug Misuse 18 19 15 Rural Development 46 44 39 Gaeltacht and Islands Development 48 50 47 Irish Language* 22 21 23 North-South Co-Operation 3 3 3 Support Services: — Finance/Accounts/Audit 22 22 21 — HR/Corporate Governance 27 25.5 23 — Ministerial Offices 24.5 23 21.4 — IT 9 9 10 — Others 7.5 6.5 7.6

Total 269 270 251 *Includes staff of the Office of An Coimisinéir Teanga.

Social Welfare Benefits. 713. Deputy Joe Costello asked the Minister for Social and Family Affairs the amount of rent supplement paid to the private rental sector for housing in Dublin in each of the past five years; the number of tenants who have benefitted in each of the past five years; and if she will make a statement on the matter. [48444/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Rent Supplement is administered on behalf of the Department of Social and Family Affairs by the Health Service Executive as part of the Supplementary Welfare Allowance (SWA) scheme. A breakdown of Rent Supplement expenditure for individual counties is not available. However, the attached tabular statement shows the number of recipients of Rent Supplement in Dublin for the past five years.

Number of Recipients of Rent Supplement in Dublin (City and County) For End of Year 2005 to 2009 inclusive

Year No. Recipients

2005 22,473 2006 21,572 2007 20,498 2008 24,119 2009 31,261

Pension Provisions. 714. Deputy Paul Gogarty asked the Minister for Social and Family Affairs if the pension contributions made by an Irish national working in the United Kingdom are transferable should that person return to here; if a similar situation exists for United Kingdom citizens working here; and if she will make a statement on the matter. [48496/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Social insurance contributions are not transferable between here and the UK, and vice versa. However, in accordance 389 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] with EU Regulations 1408/71 and 574/72, which coordinate social security entitlements for those who have worked in more than one Member State, contributions made in the UK, and other EU countries, can be aggregated with Irish contributions to help a person qualify for pensions and other benefits. When a person makes a claim in Ireland for a contributory state pension and they indicate that they have worked in the UK, or other EU Member States, the countries involved will not be notified that a claim has been made and request details of the insurance contributions made in those other countries will be requested. The contributions made in the other countries may be added to the Irish record to satisfy the basic qualifying conditions and to determine the pension a person would be entitled to if all the contributions had been made in Ireland. A calculation is then performed to arrive at the actual rate of pension to be paid which will reflect the proportion of Irish contributions in a person’s overall insurance record. Other countries in which the person has contributed will carry out a similar operation and the person may, depending on the basic qualifying conditions in the different Member States, receive a number of different pensions. A person’s position would, as part of the process, also be assessed under domestic legislation looking only at their Irish contributions. The Irish pension to be paid from Ireland will be either the rate determined under EU Regulations or domestic legislation, which ever is higher. The same applies to other Member States.

Question No. 715 withdrawn.

Registration of Births. 716. Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if she will require the General Register Office to provide, on request, birth certificates with the Irish language versions of persons’ names where the births were registered in the English language versions but where the persons normally use the Irish language versions; and if she will make a statement on the matter. [1226/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The provisions governing the registration of births in Ireland and the issuing of certified copies of entries in the register of births (commonly known as birth certificates) are contained in the Civil Registration Act, 2004. Parents or other qualified informants may register a birth using either of the official languages of the State, and this has been the case for many years. Section 61 of the Act provides that a true copy of an entry in the register of births must be provided to any person, upon payment of a prescribed fee. Accordingly, true copies of entries that were registered in the English language must be issued in English and entries registered as Gaeilge must be provided in Irish. To issue a certificate containing details other than those registered would be contrary to section 61 of the Act. An entry in the register of births is a historical record of the facts as pertaining at the time of birth and cannot be updated to reflect changed circumstances. The fact that a person’s birth is registered in one or other of the official languages of the State does not impact upon a person’s right to be known by either the Irish or English version of their name. A person acquires their name by use and repute under the common law, and there is no requirement in law that a person must be known by the name contained in their birth entry. If a person who uses a name other than that which is entered in the register of births wishes to have an official record of this, it is open to the person concerned to obtain a change of name by Deed Poll.

390 Questions — 19 January 2010. Written Answers

Registration of Deaths. 717. Deputy Michael Creed asked the Minister for Social and Family Affairs the procedures regarding registration of deaths; the situation regarding the registration of deaths of citizens killed abroad and the law as it applies to the registration of their deaths here; and if she will make a statement on the matter. [1303/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The provisions and procedures governing the registration of deaths in Ireland are contained in Part 5 of the Civil Registration Act, 2004. Where a death occurs in the State it is the duty of a qualified informant (normally a relative of the deceased) to attend at a registrar’s office and register the death on foot of a certificate of cause of death supplied by a registered medical practitioner. Where a death is referred to a coroner, the death is registered by a registrar on foot of a coroner’s certificate. In general, only deaths which occur within the State are registerable. Exceptions apply under the provisions of section 39 of the Act, concerning;

• deaths of members of the Garda Síochána or the Permanent Defence Force or of the spouse or specified members of the family of such a member outside the State while the member is serving outside the State as such member,

• deaths of persons on board an Irish aircraft or an Irish ship,

• deaths of Irish citizens on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State.

Where the death of an Irish citizen domiciled in the State occurs abroad, the death may only be registered here if there was not at the time of the death a system of registration of deaths in the place where the death occurred, or such a system that applied to such a death, or it is not possible to obtain copies of or extracts from civil records of the death. Where an Irish citizen dies abroad and the death is registered by the civil authorities of the place where the death occurred, a certified copy of the death registration, translated, if necessary, is sufficient for all legal and administrative purposes here and there is no legal necessity for the event to be entered in the register of deaths in the State.

Civil Registration Service. 718. Deputy Michael McGrath asked the Minister for Social and Family Affairs the number of marriages here involving non EU nationals and non Irish EU citizens in each of the years 2004, 2005, 2006, 2007, 2008 and 2009; and if she will make a statement on the matter. [1307/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Civil Registration Service does record information relating to the nationality but not the citizenship of persons marrying in Ireland. Prior to the commencement of the marriage provisions of the Civil Regis- tration Act, 2004 in November, 2007, no information was recorded in relation to nationality. There is therefore no information available in relation to the nationality of persons who married here in the years 2004, 2005, 2006 and almost all of 2007. It should be borne in mind that the legislation referred to above contains transitional provisions in respect of Roman Catholic marriages. Section 49(8) of the Civil Registration Act, 2004 provided that where a couple notified their intention to marry prior to the 5 th November 2007 in respect of a Roman Catholic marriage and the marriage was solemnised on or after that date, the certificate (Form A) provided for under section 11 of the Registration of Mar-

391 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] riages (Ireland) Act, 1863 was used to effect registration. As the form in question did not provide for recording the nationality of the parties to these marriages, data relating to the nationality of the parties to such marriages is not available. The number of marriages registered on foot of these certificates in 2008 and 2009 is shown at 1 in the table. Statistics concerning the marriages of EU nationals and non-EU Nationals in Ireland in 2008 and 2009 is shown at 3 in the table.

2008 20091

1 Number of Roman Catholic Marriages registered on foot of 6,012 298 ‘Form A’ which were solemnised between 01 January and 31 December 2 Number of registered marriages which were solemnised 22,183 20,792 between 01 January and 31 December 3 Number of registered marriages which were solemnised 544 1,116 between 01 January and 31 December between EU nationals (excluding Irish) and non-EU nationals 4 Number of registered marriages which were solemnised 625 663 between 01 January and 31 December between EU nationals (excluding Irish) 5 Number of registered marriages which were solemnised 613 633 between 01 January and 31 December between non-EU nationals

Question No. 719 withdrawn.

Question No. 720 answered with Question No. 96.

Social Welfare Benefits. 721. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of dental applications made on behalf of multiple customers without their knowledge regarding the treatment benefit scheme; the action she will take in this regard; and if she will make a statement on the matter. [2061/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Changes to the Treatment Benefit scheme were announced in Budget 2010. From 1st January 2010, treatments available under the scheme are limited to a free Optical and Dental examination together with the treatments previously available under the medical appliance scheme, namely hearing aids and contact lenses required for medical reasons. People who, at 31st December 2009, were undergoing a course of treatment or who had applied for approval to commence treatment, will have their applications for dental benefit processed under the rules which operated prior to January 1st 2010. In the period immediately after the changes were announced in the budget, there was a sharp increase in the number of enquiries from customers and from dentists on behalf of customers seeking approval for dental treatment. It was clear from the level of correspondence received, that some dentists were submitting bulk applications on behalf of their patients. Claims involving many hundred customers were received from 8 dental practices. These applications were supplied in alphabetical order, as if downloaded from a database. On checking with a number of customers, it became evident that many of them had not approached the dentist to seek treatment nor had they authorised the dental practice to submit 392 Questions — 19 January 2010. Written Answers an application on their behalf. The dentists concerned were contacted and agreed to withdraw the enquiries and re-submit them in the proper manner. In order to avoid any repetition of the problem, a letter issued to all dentists clarifying the procedures to be followed in submitting eligibility/approval enquiries. These procedures include the need to ensure that the patient had given approval for the enquiry to be made and the need to provide a confirmed appointment date and contact number for each customer. It has been noted that since the letter issued, the vast majority of enquiries have been submitted in the correct manner. Enquiry applications received without all the relevant information are being returned. A number of dentists have been in contact since the issue of the letter, to advise that they may have submitted enquiries in error and to ask for these to be withdrawn and advising that they will submit a revised list of enquiries in the correct manner. In the period between the budget and December 31st it is estimated that in excess of 150,000 eligibility enquiries for dental treatment have been received, these are currently being processed. Priority is being given to confirming patient eligibility, however officials will spot check enquiries to ensure they have been submitted with patient consent. Any breaches of these guidelines will be reported to the data protection commissioner for appropriate follow up action.

Pension Provisions. 722. Deputy Róisín Shortall asked the Minister for Social and Family Affairs her views on the model for pension provision advocated by an organisation (details supplied) and the extent to which this model will be incorporated within the national pensions framework. [2063/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): As the Deputy is aware, the Green Paper on Pensions outlined the challenges facing the Irish pensions system in the years ahead, including the sustainability of the system over the longer term in light of demographic change and the adequacy of contribution levels and benefits. The consultation process which followed publication of the Green Paper reflected the wide range of views and interests held by individuals and organisations throughout the country. While there was no consensus on ways to respond to the challenges facing our pension system, it was clear that there were significant issues and problems that people wanted addressed. Since the Green Paper was published in October 2007, the economic environment has changed considerably and the Government need to ensure that any decisions we make in the pensions area will be robust enough to withstand the challenges which will arise in the future. We must make decisions now to ensure the adequacy of retirement incomes for this and future generations while, at the same time, developing a system which is affordable and sustainable for the State and for those who sponsor and provide pension schemes. In the past 18 months or so the Government has taken a number of steps to respond to the immediate difficulties facing pension scheme members, particularly members of defined benefit schemes. These include the establishment of a pensions insolvency payment scheme and a reordering of wind-up priorities so that, in any defined benefit wind-up situation, employees and former employees who have not yet retired may still receive a larger proportion of their benefits. Legislation to support these measures was passed in the Social Welfare and Pensions Act 2009. The Government has also introduced provisions to allow for more flexible restructuring of pension benefits and stronger regulation regarding remittance of pension contributions. We have also protected people in receipt of the State Pension by retaining the rates of pension and other social welfare payments for older people in the recent Budget.

393 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

The organization to which the Deputy refers describes its proposed pension model as “universal, equitable, affordable and secure”. As the national pensions framework is still being developed I cannot say what it will include. However, I can say that our objective is a pension system which will deliver an adequate retirement income for all which is, at the same time, affordable and sustainable for the State, and those who sponsor and provide occupational pensions systems. We are determined that the actions we take will be aimed at ensuring that we reform pensions on a basis that is fair, transparent and sustainable.

Question No. 723 answered with Question No. 130.

Social Insurance. 724. Deputy George Lee asked the Minister for Social and Family Affairs if a person (details supplied) in Dublin 14 is entitled to an old age pension at the age of 65 years; if not, if they are entitled to receive a partial old age pension at the age of 65 years; and if she will make a statement on the matter. [48240/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department does not provide forecasts on possible future pension entitlement. I have arranged for a copy of the person’s PRSI contribution record, together with ‘Working it Out’ booklets which explain how the State Pension Transition and State Pension Contribu- tory are calculated, to be issued to his home address.

Departmental Staff. 725. Deputy George Lee asked the Minister for Social and Family Affairs the number of civil service staff in her Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if she will make a statement on the matter. [48318/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): There are currently 4,733 posts (5,078 people) employed in the Department. The scheme is primarily aimed at Graduate and Post-Graduate levels.

Social Welfare Benefits. 726. Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will support the case of a person (details supplied) in Dublin 5. [48328/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of the department by the community welfare division of the Health Service Executive (HSE). The purpose of the scheme is to provide short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. A person is not excluded from rent supplement where the accommodation is owned by a family member, provided a bona fide tenancy exists, the person has a housing need and the rent payable is within prescribed limits. Each application for rent supplement is decided by a community welfare officer on the basis of its own merits and in accordance with the relevant legislative provisions governing the scheme.

394 Questions — 19 January 2010. Written Answers

The person concerned should contact the community welfare services and provide full details of her proposed tenancy and personal circumstances if she wishes to establish whether she may have an entitlement to rent supplement.

Social Insurance. 727. Deputy James Bannon asked the Minister for Social and Family Affairs the position regarding the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [48334/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The application for a State Pension (Contributory) from the person concerned was disallowed in June 2009 on the grounds that she had a yearly average of 8 (standard class) social welfare contributions. In order to qualify for a minimum State Pension (Contributory), a yearly average of at least 10 is required. This case was recently reviewed following the payment of self-employment insurance contributions by the person concerned. The qualifying conditions for State Pension (Contributory) require the applicant to: have entered insurable employment before attaining the age of 56 years; have at least 260 paid contribution weeks since entry into insurance; satisfy the yearly average condition. In addition, Section 110(1) of the Social Welfare (Consolidation) Act of 2005 provides that a self-employed contributor shall not be regarded as satisfying the qualifying conditions for State Pension Contributory unless: (a) the person has paid self-employment contributions in respect of at least one contribution year before attaining pensionable age (66), and (b) all self- employment contributions payable by him or her have been paid. According to the records of this Department, the self-employment contributions were all paid by the person concerned after her 66th birthday. She does not therefore satisfy the condition at (a) above and has no entitlement to a State Pension (Contributory). This decision was conveyed to the person concerned in writing on 12th January 2010.

Flood Relief. 728. Deputy Dan Neville asked the Minister for Social and Family Affairs if Newcastlewest, County Limerick will be included in the current compensation scheme for flooding victims. [48336/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In recognition of the devastation suffered by people in many areas of the country as a result of the flooding from November 2009 onwards, the Government set up a Humanitarian Assistance Scheme to provide income tested financial support to people who have suffered damages to their homes not covered by insurance. An initial sum of €10million has been set aside by the Government for this purpose. The scheme provides hardship alleviation as opposed to full compensation. As on previous occasions, commercial or business losses are not covered by the scheme nor are losses which are covered by household insurance. Neither does it cover damage to private rented accommodation or local authority accommodation, though humanitarian assistance may be considered in the case of a tenant’s personal belongings. Applications under the scheme are income tested to ensure that available assistance will be prioritised for those who are most vulnerable. The humanitarian assistance scheme offers emergency payments for clothing, food, bedding, heating, hire of dehumidifiers and emergency accommodation needs, replacement of essential

395 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] household items such as carpets, flooring, furniture and white goods and assistance for structural repairs to homes. The objective is to address the hardship currently being experienced in the areas affected. It was not the Governments intention to re-open earlier cases of flooding and I do not consider that it would be appropriate to do so.

Social Welfare Appeals. 729. Deputy Billy Timmins asked the Minister for Social and Family Affairs the position regarding the case of a person (details supplied) in County Wicklow; and if same will be dealt with. [48337/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Decentralisation Programme. 730. Deputy John O’Mahony asked the Minister for Social and Family Affairs the position regarding the case of a person (details supplied) who is on the central application facility transfer list for transfer to any Department in Counties Mayo, Sligo, Galway, Roscommon and Longford; if the transfer will happen in the short term; and if she will make a statement on the matter. [48343/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person in question is listed on the Central Applications Facility (CAF) for the Department’s offices in Sligo and Galway. In accordance with the agreed transfer and decentralisation protocols, she will be considered for a transfer to the specified locations when her place on the CAF listings is reached.

Social Welfare Benefits. 731. Deputy Eamon Gilmore asked the Minister for Social and Family Affairs the reason for the delay in an appeal for jobseeker’s benefit being determined in respect of a person (details supplied) in County Dublin in view of the fact that the appeal was lodged on 16 October 2009; and if she will make a statement on the matter. [48448/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the relevant Departmen- tal papers and comments on the grounds of appeal in the case of the person concerned have been sought. When received, the appeal in question will be referred to an Appeals Officer for early consideration. There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

396 Questions — 19 January 2010. Written Answers

732. Deputy James Bannon asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has been refused jobseeker’s allowance; and if she will make a statement on the matter. [48471/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The claim for Jobseeker’s Allowance, by the person concerned, was disallowed by a deciding officer of the Department on the ground that she was not habitually resident in the state for Social Welfare purposes. I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

733. Deputy James Bannon asked the Minister for Social and Family Affairs the reason a person (detailed supplied) in County Longford has been refused illness benefit; and if she will make a statement on the matter. [48472/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The claim for illness benefit, by the person concerned, was disallowed by a Deciding Officer of the Department on 25th November 2009 following an examination by a Medical Assessor who expressed the opinion that she was capable of work. I am advised by the Social Welfare Appeals Office that an appeal was opened on 12th December 2009 and in accordance with statutory requirements the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

734. Deputy James Bannon asked the Minister for Social and Family Affairs when an application for carer’s allowance will be processed in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [48477/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): On 14 January 2009 the person concerned was refused Carer’s Allowance on the grounds that the person being cared for does not require full time care and attention. She was also refused on the grounds that she is not providing full time care and attention. She was notified of this decision, the reasons for it and of her right of review or appeal to the Social Welfare Appeal’s Office. Under Social Welfare legislation, decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

735. Deputy Paul Gogarty asked the Minister for Social and Family Affairs the reciprocal arrangements that exist between the United Kingdom and here regarding social welfare payments; and if she will make a statement on the matter. [48495/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The social security rights of people living and working in the EU, including the UK, are governed by EU Regulations

397 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.] 1408/71 and 574/72. The Regulations co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. This is achieved primarily by setting out rules as to which State’s social security system will pay contributions to when, for example, the person moves from one Member State to another to take up work, or where the person lives in one State and works in another. In addition, the Regulations also set out rules as to which State will pay benefit in the event of the usual contingencies arising, e.g. sickness, unemployment, old-age etc. In addition, Ireland has separate bilateral social security Agreements with the United Kingdom dating back to the 1960’s which have been consolidated and updated as required. The current Agreement which came into effect on 1 October 2007, provides for the repeal of the previous agreements which had been superseded by EU Regulations. Provision was made to extend social security protection for migrant workers moving between Ireland and the Isle of Man and the Channel Islands which are outside the EU. The Agreement not only protects pension entitlements, but also protects entitlement to certain short term payments, for example, unemployment and sickness. The agreement is currently in operation and working satisfactorily.

736. Deputy Emmet Stagg asked the Minister for Social and Family Affairs the reason for the delay in awarding jobseeker’s allowance in respect of a person (details supplied) in County Kildare. [48539/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned applied for Jobseeker’s Allowance on 19th November, 2009. An investigation by a social welfare inspector is necessary in this case and a decision will be made on the persons claim as soon as this investigation is complete. The person can apply for Supplementary Welfare Allowance from the local community welfare officer while his application for Jobseeker’s Allowance is being processed.

737. Deputy Paul Connaughton asked the Minister for Social and Family Affairs the reason an application for domiciliary care allowance in respect of a person (details supplied) in County Galway was refused; and if she will make a statement on the matter. [48546/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to qualify for Domi- ciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, almost all of the time, so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. An application for Domiciliary Care Allowance was received by the Department on 29th October 2009. This application was referred to one of the Departments Medical Assessors who found that the child in question did not meet the medical criteria to qualify for Domiciliary Care Allowance. A letter issued to the person in question on 4th December 2009 where she was advised of the decision to refuse Domiciliary Care Allowance for not satisfying the medical criteria. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. Where a person is not satisfied with the decision of a Deciding

398 Questions — 19 January 2010. Written Answers

Officer they may appeal the decision to the Social Welfare Appeals Office. No request for a review or appeal of the decision has been received to date.

738. Deputy Bernard Allen asked the Minister for Social and Family Affairs when a decision will be made on the application made in the case of a person (details supplied) in County Cork for domiciliary care allowance. [48555/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to qualify for Domi- ciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and / or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, almost all of the time, so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. An application for Domiciliary Care Allowance was received by the Department on 24th August 2009. This application was referred to one of the Departments Medical Assessors who found that the child in question did not meet the medical criteria to qualify for Domiciliary Care Allowance. A letter issued to the person in question on 15th October 2009 where she was advised of the decision to refuse Domiciliary Care Allowance. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. The person in question has supplied additional information and the case will now be reviewed by a different Medical Assessor.

Social Welfare Fraud. 739. Deputy Mary Upton asked the Minister for Social and Family Affairs her views on the fact that those convicted of social welfare fraud are not given sentences appropriate to the crime of stealing public moneys; and if she will make a statement on the matter. [48596/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department’s policy is to consider for prosecution all cases of fraud against the social welfare system. Criminal prosecutions are taken in the main by summary proceedings in the District Courts. The maximum penalty currently provided for in social welfare legislation for cases taken summarily is a fine not exceeding €1,500 per offence or a term of imprisonment not exceeding 6 months or both such fine and imprisonment. The Department of Justice, Equality and Law Reform currently have a Fines Bill before the Dail which, if passed, will increase the fine from €1,500 to €2,500 per offence. Social welfare legislation also provides that the benefit of the Probation Act cannot be applied in any case unless the debt relating to the social welfare offences before the court is fully repaid. The Courts are totally independent of the State and judges have the discretion to decide on the appropriate penalty to be applied in any case having regard to the evidence presented to them in relation to the case. It would not be appropriate for me to comment on these matters.

740. Deputy Mary Upton asked the Minister for Social and Family Affairs further to Parliamentary Question No. 273 of 16 December 2009, if she will bring forward legislation to discontinue welfare payments in the case of a person who has been found guilty of social welfare fraud; and if she will make a statement on the matter. [48598/09]

399 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): A person who fulfils all of the statutory provisions for a given contingency based social welfare scheme is entitled to that payment for the duration of the period they continue to satisfy those requirements. In addition, the Supplementary Welfare Allowance scheme provides support for persons who are unable to meet their needs. If entitlement to this payment was to be removed, this would mean that the welfare system would not be in a position to provide support to a person even when they were unable to meet their basic needs in a given period. Such a step would represent a major change to the underlying principles of the SWA scheme. A person who has been found guilty in court of social welfare fraud is subject to the penalties imposed by the court in relation to the crime committed. While the Department would aim to recover any monies which had been fraudulently received it would not be appropriate for the Department to apply further penalties over and above those imposed by the Court.

Social Welfare Benefits. 741. Deputy Mary Upton asked the Minister for Social and Family Affairs the categories of data and information her Department has supplied the Private Residential Tenancies Board in view of the obligations imposed on the Department by way of section 146 of the Residential Tenancies Act; and if her Department supplies the PRTB with the PPS numbers of landlords in order to facilitate the PRTB’s dispute resolution process. [48610/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Rent supplement is administered on behalf of the Department by the Community Welfare Service of the Health Service Executive as part of the supplementary welfare allowance scheme. The Residential Tenancies Act 2004 makes provision for the Department of Social of Family Affairs to supply the PRTB with whatever information is reasonably required by the Board to carry out its functions. To that end, the Department provides details of new rent supplement payments to the PRTB on a quarterly basis to enable it identify tenancies that are not registered and to take any follow-up action necessary. The information supplied includes the tenant name and address, landlord or landlord’s agent name and address and where available, the landlord’s PPS Number. The Department is committed to supporting the PRTB to ensure that over time, all tenancies that come with the area of rent supplementation comply with the statutory system of tenancy regulation and safeguards.

742. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when unemployment or jobseeker’s payment will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [48624/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The claim for jobseeker’s allowance, by the person concerned, was disallowed by a Deciding Officer of the Department on the grounds that his means exceeded the statutory limit. I am advised by the Social Welfare Appeals Office that a previous Parliamentary Question (Ref. 36310/09) from the Deputy was accepted as notice of appeal in this case, and that stage, the person concerned was contacted and requested to forward his grounds of appeal. These are now to hand and in accordance with statutory requirements the Department has been requested to forward the documentation in the case and the Deciding Officer’s comments on

400 Questions — 19 January 2010. Written Answers the grounds of the appeal. When received, the appeal in question will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Appeals. 743. Deputy Jack Wall asked the Minister for Social and Family Affairs when a decision will be made or a date for an oral hearing will be given on an appeal against the decision to refuse their application for guardian’s payment in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1028/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Further to my response to PQs 46358/09 and 46359/09 (composite reply) on 9 December 2009, I am advised by the Social Welfare Appeals Office that there is no update to the information given in that response. Every effort will be made to have this appeal dealt with as quickly as possible. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on Social Welfare entitlements.

Social Welfare Benefits. 744. Deputy Olivia Mitchell asked the Minister for Social and Family Affairs if her attention has been drawn to the fact that many welfare recipients were surprised to find that they were not due their weekly welfare benefit during Christmas week in 2009 in view of the fact that the previous week’s double pay could easily have been misconstrued as the Christmas bonus; if her further attention has been drawn to the resulting hardship caused by this misunderstanding; if she will communicate this scenario better in future years; and if she will make a statement on the matter. [1076/10]

750. Deputy Brian O’Shea asked the Minister for Social and Family Affairs the reason for the confusion in regard to the payment dates for jobseeker’s payments in the period prior to Christmas 2009; the action she has taken to ensure that this does not happen again; and if she will make a statement on the matter. [1176/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 744 and 750 together. The decision was announced in the April 2009 Supplementary Budget to give people advance notice so that they could adjust their finances accordingly. That decision was the subject of considerable debate in the media over the eight months leading into December and the Taoiseach confirmed the position on 11th November 2009. Traditionally, the Department issued payments for the Christmas period one week in advance to ensure that customers are not left without money over the holiday period. In line with practice in previous years an advance payment issued during the week beginning 14 December, 2009. in respect of payment due the week beginning 21 December, 2009. Details of these payments were advertised on the Departments website, and in all Post Offices. Payment dates due on Monday 28th and Tuesday 29th December which were brought forward for payment on Tuesday 22nd and Wednesday 23rd December. These payment dates were communicated to An Post and were advertised on the Department’s website.

401 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

Every effort is made to ensure that people are not left without a payment over the Christmas period and in this context it is necessary to issue an advance payment to ensure that the individual receives it on time.

745. Deputy Michael McGrath asked the Minister for Social and Family Affairs the length of time a person has to be living here in order to satisfy the habitual residence condition for the purposes of social welfare entitlements. [1082/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The habitual residence condition applies to all claimants for certain social welfare payments, regardless of nationality. Any person who makes a claim for jobseeker’s allowance, child benefit, one parent family payment, disability allowance, State pension non-contributory, carer’s allowance, widow’s non- contributory, guardian’s non-contributory payment, blind pension or supplementary welfare allowance must be habitually resident in the State. Decisions concerning habitual residence are subject to five factors which are set out in social welfare legislation. The five factors are:

(a) the length and continuity of residence in the State or in any other particular country;

(b) the length and purpose of any absence from the State;

(d) the person’s main centre of interest, and

(e) the future intentions of the person concerned as they appear from all the circumstances.

Habitual residence cannot be determined simply by reference to a specific period of residence. The length and continuity of a person’s residence must be considered along with the other factors. In determining whether a person is habitually resident in the State, all relevant evidence is taken into account including the period before the person arrived here, the present period and the future intentions of the applicant as evidenced by his/her actions. There is a provision in social welfare legislation that: “ it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date .” This is a rebuttable presumption and it does not mean that an applicant can be automatically be considered to be “not habitually resident” because he or she has not resided here for 2 years. For instance, a returning Irish emigrant or a person coming to live with a spouse who is permanently resident here could be habitually resident from the date of their arrival. Equally, it does not mean that an applicant is automatically considered to be habitually resident in the State if he or she has been here for 2 years or more. A person could be working or studying here temporarily for longer than 2 years and continue to retain their habitual residence in another country during that period. In all cases, therefore, habitual residence cannot be determined by reference to a period of time alone and the decision must be based on all the relevant factors.

402 Questions — 19 January 2010. Written Answers

Money Advice and Budgeting Service. 746. Deputy Michael McGrath asked the Minister for Social and Family Affairs the number of persons in Cork City and county who have availed of the services of Money Advice and Budgetary Service in 2009. [1107/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): A total of 2,275 people in Cork city and county availed of the Money Advice and Budgetary Service in 2009.

Social Welfare Benefits. 747. Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will support the case of a person (details supplied) in Dublin 5. [1141/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme (SWA) provides for a supplement to be paid in respect of mortgage interest to any person in the State whose means are insufficient to meet their needs. The scheme is administered by the community welfare service of the Health Service Executive on behalf of the Department. The purpose of mortgage interest supplement is to provide short term support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. The Executive has advised that the person concerned applied for mortgage interest supplement in October 2009. The Executive requested further documentation from the person concerned in relation to the re-mortgaging of the home in order to process the application. The person concerned has not provided the documentation to date.

Money Advice and Budgeting Service. 748. Deputy John O’Mahony asked the Minister for Social and Family Affairs the number of persons in County Mayo that have availed of the services of Money Advice and Budgetary Service in 2007, 2008 and 2009 in tabular form; and if she will make a statement on the matter. [1143/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The number of persons in County Mayo who availed of the services of Money Advice and Budgetary Service in 2007, 2008 and 2009 is outlined in the table.

MABS 2007 2008 2009

Mayo North 160 222 271 Mayo South 185 203 288

Departmental Schemes. 749. Deputy Denis Naughten asked the Minister for Social and Family Affairs her plans to introduce a system in which persons entitled to free travel who cannot avail of public transport for hospital appointments will obtain a refund for the cost of taxis; and if she will make a statement on the matter. [1151/10] 403 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The free travel scheme is available to people aged 66 years or over, carers in receipt of carer’s allowance and carers of people in receipt of constant attendance or prescribed relative’s allowance, regardless of their age, receive a free travel pass. It is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person’s pension. People resident in the State who are in receipt of a social security payment from a country covered by EU Regulations, or from a country with which Ireland has a bilateral social security agreement, and who have been in receipt of this payment for at least 12 months, are also eligible for free travel. The current free travel scheme operated by the Department provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. I have no plans to extend the scheme to include single journeys with taxi companies. While the scheme is free for those who are eligible, all of the transport companies involved, including CIE, are paid for the service by the Department of Social and Family Affairs. The estimated cost of the scheme in 2009 was €76.4 million. Question No. 750 answered with Question No. 744.

Social Welfare Benefits. 751. Deputy Tom Hayes asked the Minister for Social and Family Affairs the number of households and payments that have been delayed due to poor weather conditions; the facilities that are available to those affected by delayed payments; when this will be rectified; and if she will make a statement on the matter. [1193/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department administers a variety of schemes which have a weekly and monthly payment cycle. For the most part the delays experienced related to customers on weekly payment cycles who are payable by cheque. On 6 January 2010 An Post was unable to collect 27,000 social welfare cheques from the Department’s Dublin computer centre due to adverse weather conditions. The customers mainly affected were in receipt of illness benefit, supplementary welfare allowance and family income supplement, with small additional numbers for rent supplement, mortgage interest supplement, disability allowance, jobseeker’s and one parent family payments. The cheques were collected early the following morning and all Dublin payments were made on schedule that afternoon but payments outside Dublin were delivered one day late. My Department issued a press release and included details on the Department’s website informing customers of the delay and advising them to contact their Community Welfare Officer if they were experiencing financial difficulties as a result of the delay. Throughout the period of bad weather, An Post made every effort to ensure the delivery of social welfare customer cheques. In cases where deliveries of customer cheques were affected by the weather, An Post put in place a cheque collection facility which enabled customers to collect their cheques from their local mail delivery office. There is no data available on the numbers of customers who used this facility. It should be noted that the non-collection of cheques on 6th January represented less that nine per cent of supplementary welfare monthly cheque transactions and six per cent of illness

404 Questions — 19 January 2010. Written Answers benefit transactions. Over ninety per cent of transactions, paid electronically through their bank or financial institution or with their Social Services Card in An Post, were unaffected.

752. Deputy Jack Wall asked the Minister for Social and Family Affairs the position regarding an application for disability allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1194/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residence test. The person concerned applied for Disability Allowance on 10 June, 2008. Her claim was assessed by a Medical Assessor who deemed that she was not medically suitable for the Allow- ance. Her claim was sent to a Social Welfare Inspector for an assessment of her means and following an investigation the Inspector was unable to establish her means. The person concerned was refused Disability Allowance on 21 July 2008 on the grounds that she was not substantially restricted in undertaking suitable employment by reason of a specified disability and had failed to show that her means did not exceed the statutory limit for receipt of the Allowance. The person concerned appealed this decision and following a medical she was deemed suitable for the Allowance. Her file was returned to the Social Welfare Inspector to again investigate her means. Following receipt of the Social Welfare Inspector’s report the person has been awarded a reduced rate Disability Allowance at a personal weekly rate of €97.80 from 11 June 2008, €104.30 from 31 December 2008 and €96.00 from 6 January 2010. She has also been awarded a weekly Living Alone Allowance of €7.70 and a Free Fuel Allowance of €20 .00, her total current weekly payment will be €123.70. A formal notification has issued ad vising her of this decision and of her right of appeal to the Social Welfare Appeal’s Office. Payment will be available for the person to collect at Athy Post Office on 10 February 2010. Any arrears due to her will issue thereafter.

Health Services. 753. Deputy Denis Naughten asked the Minister for Social and Family Affairs if she will extend the home help income exemptions on schemes of the Health Service Executive to those employed privately as home helps; and if she will make a statement on the matter. [1209/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Any extension of the means testing arrangements which apply at the moment in the case of home helps employed by either the HSE or by bodies funded by the HSE to home helps employed on a private basis would have to be considered in a Budgetary context. The Special Group on Public Service Numbers and Expenditure Programmes examined various income disregards which apply in the case of means tested schemes. The Group was of the opinion that all disregards should be reviewed to ensure that the principles of horizontal equity are maintained and that all income irrespective of its source is treated similarly for social welfare purposes. The Group specifically mentioned the current disregards from employment as a home help in this regard.

405 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

The recommendation of the Special Group will need to be taken into account in considering any further changes to the treatment of income from employment generally and from employment as a home help in particular.

Social Welfare Code. 754. Deputy Olivia Mitchell asked the Minister for Social and Family Affairs if the 2010 budget reduction of 4% to social welfare is deducted on a “gross” or “net” basis, in view of the fact that in some situations (details supplied) the 4% reduction can in effect translate to more than an 8% reduction proportionally for those recipients who receive only a reduced weekly social welfare payment; and if she will make a statement on the matter. [1213/10]

786. Deputy Michael Ring asked the Minister for Social and Family Affairs if, in view of the recent budget cutbacks, in the case of persons who are getting means tested payments and are on a reduced payment, the reason the €8.30 is not implemented on a reduced rate, rather than at the full rate of €8.30; if she will introduce the reduction on a pro-rata basis; her views on whether the imposition of the full €8.30 cut is fair to those on partial social welfare payments; the legal position in this matter; and if she will make a statement on the matter. [1907/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 754 and 786 together. The various social assistance schemes operated by my Department are means tested and include schemes such as jobseeker’s allowance and one-parent family payment. For means test purposes, account is taken of the value of any capital or property owned by the person in addition to any cash income the person might have including, inter alia, earnings from employment, income from self-employment, foreign social security pensions and occupational pensions. If a person has a spouse or a partner, the means of that person is also taken into account. As provided for in social welfare legislation, where a person has means the weekly value of those means is deducted from the maximum weekly rate of payment and a reduced rate is payable. Where a person has weekly means in excess of the maximum personal rate of Job- seeker’s Allowance, no payment is made. The purpose of the means test is to reflect that fact that the person has other income or assets available to support him or her. Accordingly, the total weekly income available to that person or couple comprises both the value of the means of the person in addition to any jobseeker’s allowance they may be entitled to. In addition, where a person has income from certain sources, some of that income is disregarded under the jobseeker’s allowance means test. Where a claimant or a spouse/partner has income from employment, the first €20 per day is disregarded, subject to a maximum of €60 per week and 60% of the balance is assessed. Where a person has no means, jobseeker’s allowance is payable at the maximum rate of payment. In the case of a single person, the maximum weekly rate was €204.30 in 2009 and is €196 in 2010, a reduction of €8.30 per week or 4.1%. In the case of a couple with no means, the reduction is €13.80 per week, also 4.1%, from €339.80 to €326.10 (including the qualified adult allowance). The effect of the Budget changes in rates of payment where a person has means can be illustrated by way of the following example. In the case of a couple where the claimant is

406 Questions — 19 January 2010. Written Answers unemployed and the spouse or partner is working three days per week with net earnings of €460 per week, jobseeker’s allowance of €99.90 per week would have been payable in 2009. This reduced rate is equivalent to the combined maximum weekly personal and qualified adult rates of €339.90 less weekly means of €240. Accordingly, the total income of the couple in this example would have been €559.90 per week in 2009 comprising net earnings of €460 and jobseeker’s allowance of €99.90. Consequent on the reduction in the maximum weekly personal and qualified adult rates of jobseeker’s allowance announced in Budget 2010, the total weekly income of the couple will reduce to €546.10 per week in 2010, an overall reduction of €13.80 per week or 2.5%. As the example shows, the overall reduction in percentage terms in total family income for persons on reduced rates of jobseeker’s allowance is somewhat less than applies in the case of a person with no means who receives the maximum rate of payment. This arises because the element of their total income which is represented by their means is not affected by the recent Budget. The introduction of pro-rata reductions for recipients of reduced rate jobseeker’s allowance payments would further reduce the overall percentage loss in total family income when compared with that experienced by persons who had no means and are, accordingly, totally dependent on the social welfare payment. Similar effects will occur in relation to other social assistance payments. The precise level of reduction in overall family income will vary as the income disregards and assessment rates vary from scheme to scheme. No change was made in Budget 2010 in relation to the means testing arrangements where a claimant or a spouse/partner is engaged in employment in order to maintain incentives to take up, or remain in, employment. Where a claimant, or his or her spouse, is in employment and net earnings from that employment reduce for one reason or another, the claimant should request his or her Social Welfare Local Office or, the appropriate scheme area, to review their means. In the event of a reduction in means, the level of entitlement will increase.

Social Welfare Benefits. 755. Deputy Jack Wall asked the Minister for Social and Family Affairs the position regarding an application for carer’s allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1223/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned applied for Carer’s Allowance on 9 November 2009. On 9 December 2009 the case was referred to an Investigative Officer of this Department for means assessment and confirmation that the conditions necessary for receipt of the allowance are satisfied. On completion of the necessary investigations a decision will be made and she will be notified directly of the outcome. Under Social Welfare legislation, decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

Departmental Expenditure. 756. Deputy Richard Bruton asked the Minister for Social and Family Affairs the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in budget 2010 for her Department in tabular form; the savings which will be achieved in 2010; and if she will make a statement on the matter. [1261/10]

407 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Special Group on Public Service Numbers and Expenditure Programmes made a range of recommendations in relation to my Department. The recommendations which were implemented, in whole or in part, in Budget 2010 are outlined in the following table.

Special Group Recommendations Budget 2010 Measure Estimated 2010 Savings

€m

Rates of Payment — 5% reduction in all Rates of Payment — reductions ranging 437 weekly rates of payment. between 3.5% and 4.2% in the weekly personal and qualified adult rates of payment for people of working age. Child Benefit — reduce and standardise the Child Benefit — reduction of €16 per month in 123 (net) rate of Child Benefit to €136 per month, a both the lower and higher rates. Social reduction of €30 per month in the lower rate welfare recipients and lower income workers and €67 per month in the higher rate. in receipt of family income supplement were fully compensated through a €3.80 per week increase for each qualified child and a €6 per week per child increase in the family income supplement income thresholds. Jobseeker’s Allowance & SWA — reductions Jobseeker’s Allowance & SWA — the weekly 54 in weekly rates of payment of Jobseeker’s rate payable to new claimants aged 20 and Allowance/SWA for persons aged under 25 21 was reduced to €100 and the weekly rate to €150 per week. payable to new claimants aged 22 to 24 years (inclusive) w as reduced to €150. However, 20 to 24 year olds with dependent children will not be affected, nor will recipients who have exhausted their entitlement to jobseeker’s benefit or those who transfer directly from disability allowance. Treatment Benefit — abolition/discontinuation Treatment Benefit — the scheme will be 54 of the Treatment Benefit Scheme. limited in 2010 to the Medical and Surgical Appliances scheme and the free examinations provided for under Dental and Optical Benefits. Rent Supplement — re-examination of rent Rent Supplement — rent limits that apply to 20 caps on a regional basis and the duration of new Rent Supplement agreements will be entitlement. reduced to reflect reductions in private rent levels.

Flood Relief. 757. Deputy Pat Breen asked the Minister for Social and Family Affairs the amount of money paid out to date under the humanitarian assistance scheme for those affected by flooding in County Clare; and if she will make a statement on the matter. [1280/10]

408 Questions — 19 January 2010. Written Answers

Social Insurance. 758. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the amount of revenue collected from self-employed PRSI Class C in 2009; the estimate of same for 2010; and if she will make a statement on the matter. [1363/10]

759. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the amount of revenue collected in 2009 from employer’s PRSI and employee’s PRSI; if she will provide a breakdown of same by class; if she will provide an estimate of same for 2010; and if she will make a statement on the matter. [1364/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): It is proposed to answer Questions Nos. 758 and 759 together. I have clarified with the Deputy that the information he seeks relates to total contributions for self-employed persons — PRSI Class S — and employers and employees. An analysis of PRSI collected in 2009 together with the 2010 estimate under the general headings of employer, employee and self employed persons is set out in the following table:

PRSI

PRSI Receipts 2009 11 months to PRSI (Estimate ) 2010 Full year 30/11/09

€ million € million Employer 5,175 5,220 Employee 1,444 1,430 Self Employed 310 422

Total 6,929 7,072

Provisional figures up to end December are not yet available. The figures shown above are net of the health contribution and the training fund levy. A breakdown of social insurance by PRSI class will not be available until employers P35s are returned to the Revenue Commissioners in 2010 and the data breakdown is transferred to this Department towards the end of the year.

Social Welfare Benefits. 760. Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the number of Irish citizens denied a social welfare payment in 2009 based on failure to satisfy the habitual residence condition. [1391/10]

765. Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the number of Irish citizens denied social welfare benefits in 2009 for failure to satisfy the habitual residence condition; the number of these who were returning Irish emigrants from abroad; the number whose prior residency was in Northern Ireland; and the number whose prior residency was elsewhere in the common travel area. [1488/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 760 and 765 together. The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. All applicants — regardless of nationality — for the following payments are required to be habitually resident in the State: 409 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

• Jobseeker’s Allowance;

• State Pension (Non-Contributory for persons aged over 66);

• Blind Pension;

• Widow’s, Widower’s and Orphan’s Non-Contributory Pensions;

• One-Parent Family Payment;

• Carer’s Allowance;

• Disability Allowance;

• Supplementary Welfare Allowance (including Rent Supplement);

• Domiciliary Care Allowance;

• Child Benefit.

The total number of Irish citizens disallowed social welfare payments in 2009, based on the failure to satisfy the habitual residence condition was 738. The following table sets out the breakdown by social assistance scheme.

Scheme 2009

Jobseeker’s Allowance 530 State Pension (Non-Contributory) 9 Blind Pension 0 Widow’s, Widower’s and Orphan’s Non-Contributory Pensions 0 One-parent Family Payment 23 Carer’s Allowance 33 Disability Allowance 98 Domiciliary Care Allowance 0 Child Benefit 45

Total 738

It is not possible to state the number of these cases who were returning Irish emigrants from abroad, or whose prior residency was in Northern Ireland or elsewhere in the common travel area as these details are not recorded. Statistics on the number of Supplementary Welfare Allowance (SWA) claims that do not satisfy the habitual residence condition are not maintained by the various HSE areas. However, it is estimated that approximately 1.5% of all SWA claims are disallowed for HRC reasons. It is open to any customer who is not satisfied with the decision on their claim to appeal that decision to the Social Welfare Appeals office.

Departmental Correspondence. 761. Deputy Michael McGrath asked the Minister for Social and Family Affairs if she will respond to the issues raised in correspondence by a person (details supplied) in County Cork regarding the distinction between jobseeker’s benefit and allowance. [1418/10] 410 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): Jobseeker’s Benefit is a short-term insurance-based payment which is designed to provide income support to insured workers during periods of involuntary unemployment. As such, it is not subject to a means- test and can be paid for a period of up to twelve months. In order to qualify for Jobseeker’s Benefit, a claimant must be unemployed (for at least 3 days in 6), be aged under 66 years, satisfy the social insurance contribution conditions , be capable of work, be available for and genuinely seeking work, and have suffered a substantial loss of employment. Jobseeker’s Allowance is a means-tested social assistance payment which aims to provide income support to people who do not qualify for the insurance-based jobseeker’s payment and who are involuntarily unemployed and, consequently, unable to provide for their own maintenance or for that of their families. To qualify for Jobseeker’s Allowance, a claimant must be unemployed, be over 18 and under 66 years of age, be capable of work, be available for and genuinely seeking work, satisfy the means test and meet the habitual residence condition. It should be noted that a claimant of Jobseeker’s Benefit may opt to receive Jobseeker’s Allowance if it is more beneficial to him or her provided that they can satisfy the means-test and other conditions applying to the scheme. Insofar as the Back-to-Work Allowance scheme is concerned, the position is that since May 2009, in order to respond effectively to the growing numbers on the live register and the current employment situation, it was decided to refocus resources on the enterprise strand of the back to work allowance which supports people into self employment and the employee strand of the back to work allowance has been closed to new applicants. The changes introduced provide for:

• A reduction in qualifying period required for access to back to work enterprise allowance (BTWEA) from 2 years to 12 months provided a person has an underlying entitlement to jobseeker’s allowance. This is in conjunction with a reduction in the period for which the BTWEA is payable from 4 years to 2 years, at 100% of existing social welfare entitlement in the first year and 75% in the second.

• Immediate access to a shorter BTWEA, to be called Short Term Enterprise Allowance, for someone who qualifies for Jobseeker’s Benefit (with 104 contributions paid in the past 2 years) or who qualifies for statutory redundancy. It will be paid for the duration of the Jobseeker’s Benefit claim entitlement. Allowing people who previously participated in the BTWEA scheme and exhausted their entitlement after completion of the scheme, to participate a second time after a period of at least 5 years has elapsed.

The person referred to by the Deputy should discuss any issues of concern regarding his jobseeker’s payments with the officers at his local social welfare office.

Social Welfare Appeals. 762. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when lone parents appeal will be heard in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [1452/10]

411 Questions — 19 January 2010. Written Answers

Social Welfare Benefits. 763. Deputy Róisín Shortall asked the Minister for Social and Family Affairs the number of persons in receipt of mortgage interest supplement with a breakdown by duration at intervals of three months; if she will provide comparative date with the end of year position in 2007 and 2008. [1458/10]

764. Deputy Róisín Shortall asked the Minister for Social and Family Affairs the average monthly or weekly payment of mortgage interest supplement. [1459/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 763 and 764 together. The supplementary welfare allowance scheme (SWA) provides for a supplement to be paid in respect of mortgage interest to any person in the State whose means are insufficient to meet their needs. The scheme is administered by the community welfare service of the Health Service Executive on behalf of the Department. The purpose of mortgage interest supplement is to provide short term support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. The average mortgage interest supplement payment is €78.78 per week. There follows a tabular statement on mortgage interest supplement recipients by duration for end 2007, end 2008 and end 2009.

Number of Recipients of Mortgage Interest Supplement by Claim Duration(1), End 2007, End 2008 and End 2009

Months 2007 2008 2009

0 to 3 527 1,607 1,234 3 to 6 630 1,869 2,315 6 to 9 453 1,045 2,626 9 to 12 343 788 2,997 12 to 24 874 1,250 4,124 24 to 36 405 593 830 36 to 48 231 290 417 48 to 60 192 176 177 60 to 72 139 139 112 72 plus 317 334 269

Total 4,111 8,091 15,101 (1)Claims with duration of precisely 3 months are recorded under the 3-6 months heading, claims with duration of precisely 6 months are recorded under the 6-9 months heading and so on.

Question No. 765 answered with Question No. 760.

766. Deputy Charles Flanagan asked the Minister for Social and Family Affairs if she will provide details of the nationalities of those who were refused social welfare payments due to a failure to meet the habitual residence requirement in 2008 and 2009 detailing the number and specific welfare allowance in tabular form; and if she will make a statement on the matter. [1496/10]

412 Questions — 19 January 2010. Written Answers

789. Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the number of Irish citizens refused benefit payments in 2009 due to their failure to meet the habitual residency requirement. [1943/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions 766 and 789 together. The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The requirement does not apply to benefit schemes. All applicants — regardless of nationality — for the following assistance payments are required to be habitually resident in the State:

• Jobseeker’s Allowance

• State Pension (Non-Contributory for persons aged over 66)

• Blind Pension

• Widow’s, Widower’s and Orphan’s Non-Contributory Pensions

• One-Parent Family Payment

• Carer’s Allowance

• Disability Allowance

• Supplementary Welfare Allowance (including Rent Supplement)

• Domiciliary Care Allowance

• Child Benefit

The number of people who were disallowed payments in 2008 and 2009, based on the failure to satisfy the habitual residence condition was 6,297 and 10,582 respectively. The following tables set out the yearly breakdown by scheme and nationality.

2008 Irish UK EU 13 New Other Total Member States

Jobseeker’s Allowance 879 150 498 2,874 134 4,535 State Pension (Non-Con) 0 00000 Blind Pension 0 00000 Widow/er’s & Orphan’s Non-Con 0 00000 Pensions One-Parent Family Payment 37 7 16 160 75 295 Carer’s Allowance 7 0 1 46 33 87 Disability Allowance 40 3 13 158 64 278 Domiciliary Care Allowance Scheme 0 administered by HSE Child Benefit 22 5 32 548 495 1,102

Total 985 165 560 3,786 801 6,297

413 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

2009 Irish UK EU 13 New Other Total Member States

Jobseeker’s Allowance 530 401 669 5,211 673 7,484 State Pension (Non-Con) 9105116 Blind Pension 000000 Widow/er’s & Orphan’s Non-Con 000617 Pensions One-Parent Family Payment 23 27 13 230 88 381 Carer’s Allowance 33 34 7 75 43 192 Disability Allowance 98 74 23 280 95 570 Domiciliary Care Allowance 0107614 Child Benefit 45 154 114 1,130 475 1,918

Total 738 692 826 6,944 1,382 10.582

Statistics on the number of Supplementary Welfare Allowance (SWA) claims that do not satisfy the habitual residence condition are not maintained by the various HSE areas. However, it is estimated that approximately 1.5% of all SWA claims are disallowed for HRC reasons. It is open to any customer who is not satisfied with the decision on their claim to appeal that decision to the Social Welfare Appeals Office.

Ethics in Public Office. 767. Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if she will make a statement on the matter. [1515/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Under the Ethics in Public Office Act, 1995, any gift with a value in excess of €650 must be surrendered to the State and declared in the Minister’s statement of registerable interests submitted to the Standards in Public Office Commission. The Ethics in Public Office Act, 1995, provided for the disclosure of interests by office holders. Returns to the Standards in Public Office Commission (SIPOC) are available on www.sipo.gov.ie .

Social Welfare Fraud. 768. Deputy Mary Upton asked the Minister for Social and Family Affairs the estimate by her Department of the level of fraud in each of the areas of payment in percentage and in actual amounts for each year from 2001 to 2009; if she disagrees with figures presented in a recent television programme (details supplied), will she provide the information to refute the assertion in the programme; and if she will make a statement on the matter. [1526/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to identify fraud and error levels in schemes the Department carries out detailed fraud and error surveys on individual schemes. These surveys provide evidence based indicators for levels of fraud and error within those schemes at that particular time. The recent Primetime programme suggested a potential fraud level of 10% in the total welfare expenditure but did not produce any evidence to support this particular figure. As reported 414 Questions — 19 January 2010. Written Answers by the Comptroller and Auditor General, the percentage of expenditure resulting from fraud identified in the detailed fraud and error surveys ranged from 0% for pensioners, to 0.1% for Illness Benefit, 0.8% for the Family Income Supplement, 1.8% for Child Benefit, 2.3% for the Disability Allowance and 6.4% for the One Parent Family Payment. An examination of welfare fraud was undertaken last year by the Oireachtas Committee on Social and Family Affairs. The report which was agreed by the Committee, in October 2009, acknowledged that there is not sufficient data to determine an overall fraud rate. However the report stated that “An estimated approximate fraud level across all schemes was put at less than one per cent”. This estimate is based on fraud and error surveys undertaken to date. In view of the number of income maintenance schemes administered by the Department, it would not be practical to carry out rolling fraud and error surveys on all major schemes on an on-going basis and therefore an estimate of the level of fraud in each of the areas of payment for each year from 2001 to 2009 is not available. Although the level of fraud on most schemes is very low as evidenced by surveys carried out by the Department over the past number of years, within schemes however, some categories of claimants can be a much higher risk than others and when these are identified the Depart- ment moves to address this. In addition fraud detection measures have increased and improved significantly over the last number of years and will be left under ongoing review to ensure that fraud is tackled as effectively and efficiently as possible.

Question No. 769 answered with Question No. 103.

Social Insurance. 770. Deputy Joe McHugh asked the Minister for Social and Family Affairs if she will review the implementation of the dental treatment benefit scheme for 2010; if she will confirm that the scheme will be available in 2010 to those who have paid for this treatment through PRSI contributions; and if she will make a statement on the matter. [1630/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Treatment Benefit scheme is paid from the Social Insurance Fund (SIF). Although the SIF has operated a surplus since 1996, this position began to change last year, and expenditure had to be partially funded from the accumulated Exchequer surplus. It is estimated that the accumulated surplus will be completely exhausted in the first half of 2010, and that Exchequer will be required to subvent the SIF by around €1.2 billion. Having regard to the current economic climate the Government had to take difficult decisions in Budget 2010 to ensure that the public finances are put on a stable basis. In this context it was necessary to revise the Treatment Benefit scheme to provide for dental examination only for 2010. The scheme will be reviewed again towards the end of the year, taking account of the prevailing circumstances at that time.

Social Welfare Benefits. 771. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when social welfare payment will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1761/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration.

415 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Appeals. 772. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when a domiciliary care allowance appeal will be heard in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1767/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to qualify for Domi- ciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. An application for Domiciliary Care Allowance was received by the Department on 20th October 2009. This application was referred to one of the Departments Medical Assessors who advised that the child in question did not meet the criteria for receipt of Domiciliary Care Allowance. A letter issued to the person in question on 25th November 2009 where she was advised of the decision to refuse Domiciliary Care Allowance on medical criteria grounds. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision directly to the Social Welfare Appeals Office. To date the person in question has not appealed the decision but based on the additional medical information supplied by the Deputy, the original decision will be reviewed.

Social Welfare Benefits. 773. Deputy David Stanton asked the Minister for Social and Family Affairs the number of applications for domiciliary care allowance received and the number refused by her Depart- ment since it took over the administration of the scheme on 1 April 2009; the number of same which were from children with an autism spectrum disorder; and if she will make a statement on the matter. [1819/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In the period 1st April 2009 to 31st December 2009 a total of 3,389 applications for Domiciliary Care Allowance were received in the required format by the Department. Of these, 2,823 cases have been fully processed to date, 1,031 were awarded and 1,792 were deemed not to be eligible, a 36.5% allowance rate. 566 applications are currently pending decision. Of the processed applications in 2009, 286 applications had a recorded medical condition of Autism/Autism Spectrum Disorder, 125 of which have been deemed eligible and 161 have been deemed not eligible for Domiciliary Care Allowance, a 44% allowance rate.

774. Deputy David Stanton asked the Minister for Social and Family Affairs if she will conduct a review of all domiciliary care allowance claims since becoming responsible for all applications on 1 September 2009; and if she will make a statement on the matter. [1820/10]

416 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The transfer of the Domicili- ary Care Allowance scheme from the Health Service Executive to this Department arises from a Government decision on 28th February 2006 to reallocate certain functions between Depart- ments and Agencies as part of the health service reform programme. The Domiciliary Care Allowance scheme is now a statutory scheme with the primary legislation provided for in the Social Welfare and Pensions Act 2008. The Health Service Executive provided review dates during the migration of data to this Department in respect of cases in which there is a possibility of an improvement in the child’s medical condition. In other cases no review date was provided, for example, in cases where the medical advice indicated that the child’s condition is unlikely to improve. The Department will review the cases with scheduled review dates in due course as part of the Review and Control policy for the scheme. Cases processed by the Department have a review date entered at the date of award, based on the recommendation of the Departments Medical advisor, having considered the child’s medical prognosis. Those people who currently receive Domiciliary Care allowance will continue to receive the allowance unless there is a change of circumstances in relation to the medical condition of their child or another change of circumstances that would mean they no longer satisfied the qualifying conditions for the scheme. All claimants are obliged to notify the Department of any change in their circumstances.

Question No. 775 answered with Question No. 103.

Social Welfare Appeals. 776. Deputy Ciarán Lynch asked the Minister for Social and Family Affairs when a date will be set for an oral hearing in respect of an appeal in the case of a person (details supplied) in County Cork; when a decision will be made on their application for habitual residency; and if she will make a statement on the matter. [1830/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. In order to be fair to all appellants, oral hearings are arranged in strict chronological order. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Registration of Births. 777. Deputy Róisín Shortall asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Roscommon can not be issued with a birth certificate in Irish; if she will undertake to rectify this situation in forthcoming legislation or, if possible, by ministerial order. [1851/10]

417 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

Section 61 of the Act provides that a true copy of an entry in the register of births must be provided to any person, upon payment of a prescribed fee. Accordingly, true copies of entries that were registered in the English language must be issued in English and entries registered as Gaeilge must be provided in Irish. To issue a certificate containing details other than those registered would be contrary to section 61 of the Act. An entry in the register of births is a historical record of the facts as pertaining at the time of birth and cannot be updated to reflect changed circumstances. The fact that a person’s birth is registered in one or other of the official languages of the State does not impact upon a person’s right to be known by either the Irish or English version of their name. A person acquires their name by use and repute under the common law, and there is no requirement in law that a person must be known by the name contained in their birth entry. If a person who uses a name other than that which is entered in the register of births wishes to have an official record of this, it is open to the person concerned to obtain a change of name by Deed Poll. With regard to the question of rectifying the situation in legislation, it is important to be aware of the fact that, while a birth certificate is not proof of identity, it is often accepted as such and, in any event, is an important document used to establish identity. It is difficult, therefore, to see how multiple versions of a birth certificate in respect of the same person could be issued without increasing opportunities for identity fraud and undermining the systems of civil registration, driving licences and passport issue.

Social Welfare Benefits. 778. Deputy Róisín Shortall asked the Minister for Social and Family Affairs the number of persons receiving a weekly or monthly social welfare assistance or benefit by book payment; the number of these book payments that renew in February, March, April and so on; and the typical payment types that are involved. [1856/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The production of the Per- sonalised Payable Order (PPO) book ceased in September 2009. The migration from PPO to electronic payment was successfully carried out on a phased basis over 2008 and 2009. All social welfare customers who had PPO books now collect their payment at their post office by using the social services (swipe) card.

Social Insurance. 779. Deputy Róisín Shortall asked the Minister for Social and Family Affairs if her attention has been drawn to the inflexibility of current social security arrangements whereby a person who has employment for three hours five days a week, earning less than €150 per week, cannot qualify for jobseeker’s benefit for the hours they are available for work or for family income supplement if he or she has children and the steps she intends to take to address this problem. [1861/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Jobseeker’s Benefit and Jobseeker’s Allowance schemes provide income support for people who have lost work and are unable to find alternative employment. It is a fundamental qualifying condition for these benefits that a person must be available for full-time work.

418 Questions — 19 January 2010. Written Answers

Under the current Jobseeker’s Benefit/Allowance system, a working week is considered to be six days. Sunday is not considered to form part of the working week and any work done on a Sunday is not reckoned when entitlement to benefit is being determined. The benefit is only payable in respect of days of unemployment and it is not, therefore, payable in respect of any day during which the person is engaged in insurable employment, irrespective of the extent of the employment (number of hours worked) or the remuneration.. Where a person is employed for up to three days in a week, s/he may claim Jobseeker’s Benefit/Allowance in respect of the remainder of the week, subject to being available for full- time work. It is recognised that a changing labour market has resulted in a move away from the more traditional work patterns, with a consequent increase in the number of atypical workers. In response, the Department conducted a ‘Review of the Application of the Unemployment Benefit & Assistance Schemes Conditions to workers who are not employed on a full-time basis’ which examined the application of the Jobseeker’s Benefit/Allowance schemes conditions to workers who are not employed on a full-time basis, i.e. part-time, casual and systematic short-time workers. The review made a number of recommendations including broadening Jobseeker’s Benefit conditions to provide compensation for loss of employment in the case of part-time and other atypical workers. The report is under active consideration within the Department. The Family Income Supplement (FIS) provides income support for employees with families on low earnings. This preserves the incentive to remain in employment in circumstances where the employee might otherwise only be marginally better off than if he or she were in receipt of other social welfare payments. Qualification for payment under this scheme requires that a person must be engaged in insurable employment for a minimum of 38 hours per fortnight. A couple may combine their hours of employment to meet the qualification criteria. Improvements in recent years to FIS include the change of assessment from a gross income to a net income basis, the increase to €20 per week in the minimum payment and the refocusing of income thresholds to include additional gains for larger families. The working hours requirement to qualify for FIS i.e. a minimum of 19 hours per week/38 hours per fortnight already assumes a reduction in hours compared to the standard working week. Any further changes to the minimum hours worked for FIS purposes could only be considered in a budgetary context. In addition, the Part-Time Job Incentive scheme is available to those who were previously on a jobseeker’s payment for 15 months or more and are now working under 24 hours per week while seeking full time employment. This payment is not affected by the earnings received from the part-time job.

Question No. 780 answered with Question No. 103.

Departmental Staff. 781. Deputy Michael Ring asked the Minister for Social and Family Affairs if a release date has been sought for a person (details supplied) in County Mayo to enable the person’s request for a lateral transfer to proceed; if so, when the release date was sought; and when they can expect the transfer to proceed. [1876/10]

419 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The position has not changed since I responded to the Deputy in relation to this matter on 8th December last. At that time, I informed the Deputy that the person concerned is currently serving in the Sligo office of the Department. Staffing of the Department’s offices is kept under ongoing review to ensure that adequate resources are deployed as necessary. The business requirements of the Sligo office are such that the Department is not in a position to facilitate the transfer of the person concerned.

Social Welfare Appeals. 782. Deputy Michael Ring asked the Minister for Social and Family Affairs when an assessment by another medical officer will be carried out to finalise the disability allowance appeal in respect of a person (details supplied) in County Mayo. [1880/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Payment of disability allowance, to the person concerned, was refused by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for disability allowance. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was medically unsuitable. I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford him an opportunity of setting out the complete and up to date grounds of his appeal. On receipt of his response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

783. Deputy Michael Ring asked the Minister for Social and Family Affairs if an appeal will be opened on the refusal of a carer’s allowance claim in respect of a person (details supplied) in County Mayo. [1883/10]

801. Deputy Michael Ring asked the Minister for Social and Family Affairs the position regarding an appeal in respect of a person (details supplied) in County Mayo. [2009/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 783 and 801 together. The Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the relevant Departmental papers and comments on the grounds of appeal in the case of the persons concerned have been sought. When received, the appeals in question will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Appeals. 784. Deputy Michael Ring asked the Minister for Social and Family Affairs when a disability appeal will be finalised in respect of a person (details supplied) in County Mayo. [1892/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Payment of disability allowance, to the person concerned, was refused by a Deciding Officer following an assessment by

420 Questions — 19 January 2010. Written Answers a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for disability allowance. I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an assessment by another Medical Assessor will be carried out and the Social Welfare Appeals Office will be in contact with the person concerned as soon as the result of the assessment is to hand. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 785 answered with Question No. 103.

Question No. 786 answered with Question No. 754.

Question No. 787 answered with Question No. 96.

Social Welfare Benefits. 788. Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs her plans to provide an additional fuel allowance instalment to assist low income families in heating their homes in view of the cold spell this winter. [1942/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department assists social welfare recipients with heating costs, through their basic payments, through the fuel allowance scheme and through the household benefits package of electricity and gas allowances. The household benefits package is payable throughout the year to almost 380,000 pensioners, people with disabilities, and carer households to assist them with their heating, light and cooking costs. This scheme cost approximately €200m in 2009. In addition, the national fuel allowance scheme assists householders on long-term social welfare or health service executive payments with meeting the additional cost of their heating needs during the winter season. The allowance represents a contribution towards a person’s heating expenses. It is not intended to meet those costs in full and must be seen in the context of the overall level of income available to the family. In Budget 2009, the duration of the payment was increased by an extra 2 weeks to 32 weeks, while the weekly value of the allowance was increased by €2to€20 a week, or €23.90 in designated smokeless areas. This compares with just €14 and €17.90 respectively in 2006. These are in addition to other improvements made in recent years, including a significant increase in the income threshold for the allowance with effect from 2008. A single person aged under 80, with a household income of less than €330.30 a week can now qualify for the fuel allowance. The income limits for couples are €483.80 a week where the qualified adult is aged under 66 and €536.80 a week where both adults are aged over 66. As a result of these improvements, almost 318,000 people benefited from the fuel allowance in 2009 at an estimated cost of €217 million. In addition to the basic welfare payments, household benefits and fuel allowance payments highlighted above, the Department also provides funding to the Community Welfare Service to assist people with special heating needs. CWOs can pay a heating supplement to people in certain circumstances with specific heating needs due to infirmity or a particular medical condition. They can also make exceptional needs payments to people who do not have enough money to meet their heating costs.

421 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

Since the onset of the adverse weather conditions, community welfare officers have provided assistance to people to purchase additional fuel, heaters and clothing. They have also given funding towards the payment of heating bills and for repairs arising from burst pipes. Over €170,000 has been paid out since 1 January 2010 in respect of such claims. Assistance will continue to be provided towards the payment of heating bills for those in need. Paying a special increase in response to the bad weather would not necessarily represent a good targeting of limited resources. Rather, it is considered desirable to continue to give the CWOs the discretion and the funding to assist people who need extra financial support.

Question No. 789 answered with Question No. 766.

Anti-Poverty Strategy. 790. Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the progress being made on her strategy to end poverty by 2016 as set out in the Programme for Government. [1944/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Combating poverty and building an inclusive society are key priorities for the Government. The overall goal of the National Action Plan for Social Inclusion (NAPinclusion) introduced in February 2007 is to reduce the number of those experiencing consistent poverty to between 2 per cent and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016. These commitments and the social inclusion commitments in the National Development Plan have wide ranging support, having been drawn up in consultation with the social partners and other stakeholders. The latest results from the EU Survey on Income and Living Conditions (EU-SILC), released in November 2009, which applied to 2008, indicated at that stage that the reductions in poverty were on target to achieve both the 2012 and 2016 goals. It showed that the rate of consistent poverty in the population in 2008 was 4.2 per cent, down from 5.1 per cent in 2007 and 6.5 per cent in 2006. The position of groups most vulnerable to consistent poverty is as follows. The proportion of children (0-17) experiencing consistent poverty reduced from 7.4 per cent in 2007 to 6.3 per cent in 2008. This significant reduction may be, at least in part, due to the major reduction in the incidence of consistent poverty among lone parents from 20.1 per cent in 2007 to 17.8 per cent in 2008. Other groups with a relatively high level of consistent poverty include the unemployed whose rate reduced from 17.5 per cent to 9.7 per cent and those not at work due to sickness or disability whose rate reduced from 15.8. per cent to 13.2 per cent in 2008. The major factor determining whether people are vulnerable to consistent poverty, demonstrated by the findings of this and other similar surveys, is employment. The rate of consistent poverty in 2008 for households where no one was at work was 13.2 per cent (although this was down substantially from 16.3 in 2007 and 21.2 per cent in 2006). This rate was more than 4 times the rate for households where one person was at work. Where two people in a household were at work the rate was under 1 per cent. Our challenge now is to create jobs for those without work. Economic policy is the major basis for creating jobs and reducing unemployment. Employment participation, for example, is currently facilitated and incentivised by a range of education and employment supports made available by the Department of Social and Family Affairs to people in receipt of social welfare payments, particularly the long-term unemployed, lone parents, and sickness related welfare recipients. These include the Back to Education and Back to Work Enterprise Allowance

422 Questions — 19 January 2010. Written Answers

Schemes. The Activation and Family Support Programme and the Second Chance Education Opportunities Scheme offer supports to social welfare customers and others to help them improve their employability and personal and family situations. People with families who are in lower paid employment are eligible to receive the Family Income Supplement which increases household income while enabling recipients to remain in, or take up, employment. It is more essential than ever in the current economic conditions to ensure that the resources devoted to social inclusion policies are used as effectively and efficiently as possible. The NAP- inclusion facilitates this through tackling poverty in a coordinated and ‘joined up’ way so as to ensure better results in relation to both the people supported and the substantial resources expended. The range of policies subject to the NAPinclusion includes actions on employment, social welfare, education, health, housing, disability and equality. It is also vital however, that economic policies are pursued at this time that will enable better and more secure living standards for the future. Working to restore economic growth must, therefore, be the overriding priority to achieve the overall goal of eliminating consistent poverty and the goals and targets of the NAPinclusion in the years ahead. I am confident that the Government is pursuing the correct combination of economic and social policies that will greatly increase the likelihood of achieving that goal.

Departmental Expenditure. 791. Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs her plans to make further cuts to social welfare rates in 2011. [1945/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Social welfare changes for 2011 will be considered later this year in the context of next year’s Budget preparations, having regard both to needs and to the resources available to meet those needs.

792. Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs if she has read the recently released report, entitled, How the Poor were made to pay, an analysis of the impact of budget 2010, produced by a number of anti-poverty agencies; and if she will make a statement on the matter. [1946/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I have noted the contents of the recently released report How the Poor were made to pay: an analysis of the impact of the December 2009 Budget. I appreciate that the cuts made in the welfare area will not be easy for people but I genuinely believe that if the Government doesn’t take steps now to reduce overall public expenditure and restore stability to the public finances, we risk making the economic situation far worse for everyone — including welfare recipients — in the long term. The reductions made to welfare rates in the Budget are estimated to generate savings of €762 million in 2010 vis a vis the Pre-Budget estimate. Even so €21.1 billion will be spent on social welfare in 2010 — €676 million or 3.3% more than the expected final expenditure figure of €20.4 billion for 2009. The changes made in the Budget will reduce overall public expenditure and improve the financial incentive for jobseeker’s to take up work or training. In doing so, we have avoided making any cuts in the State pension . We have also fully protected more than 420,000 children in welfare-dependent and low-income families from cuts in Child Benefit. And, we have ensured that cuts in weekly rates for those aged under 66 are lower than the decreases in prices over the past year or so and that welfare recipients are therefore still better off in real terms.

423 Questions — 19 January 2010. Written Answers

Social Welfare Appeals. 793. Deputy Michael Ring asked the Minister for Social and Family Affairs when a carer’s allowance appeal will be heard in respect of a person (details supplied) in County Mayo. [1963/10]

795. Deputy Michael Ring asked the Minister for Social and Family Affairs when an illness benefit appeal will be heard in the case of a person (details supplied) in County Mayo. [2001/10]

798. Deputy Michael Ring asked the Minister for Social and Family Affairs when a domiciliary care allowance appeal will be heard in respect of a person (details supplied) in County Mayo. [2006/10]

799. Deputy Michael Ring asked the Minister for Social and Family Affairs when an invalidity pension appeal will be finalised in respect of a person (details supplied) in County Mayo. [2007/10]

800. Deputy Michael Ring asked the Minister for Social and Family Affairs the position regarding a jobseeker’s benefit appeal in respect of a person (details supplied) in County Mayo. [2008/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): It is proposed to take Ques- tions Nos. 793, 795 and 798 to 800, inclusive, together. The Social Welfare Appeals Office has advised me that the relevant Departmental papers and comments of the Department on each of the appeals from the persons concerned have been received and have been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

794. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be heard on disability allowance in respect of a person (details supplied) in County Mayo. [1965/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 795 answered with Question No. 793.

Social Welfare Benefits. 796. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded jobseeker’s allowance now that all the necessary documentation has been supplied. [2003/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned applied for jobseeker’s allowance on 8 March 2009. In December 2009 he was awarded job-

424 Questions — 19 January 2010. Written Answers seeker’s allowance with effect from 8 March 2009 to 18 July 2009 at which time he had signed off to take up employment. Arrears of jobseeker’s allowance amounting to €3847.70 for the period 8 March 2009 to 18 July 209 were issued to him on 4 December, 2009. The delay in deciding his claim arose from the application of the Habitual Residence Test. The person concerned ceased working on 9 October 2009 and made a repeat application for jobseeker’s allowance on 18 November 2009. On 7 December 2009 a deciding officer allowed his claim at the weekly maximum rate of €204.30 from 18 November 2009. In line with changes provided for in Budget 2010 this was reduced to €196 per week with effect from 1 January 2010.

Social Welfare Appeals. 797. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for carer’s allowance will be finalised in respect of a person (details supplied) in County Mayo. [2005/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will be notified when the necessary arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Questions Nos. 798 to 800, inclusive, answered with Question No. 793.

Question No. 801 answered with Question No. 783.

Social Welfare Appeals. 802. Deputy Michael Ring asked the Minister for Social and Family Affairs the position regarding an appeal in respect of a person (details supplied) in County Mayo. [2010/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Payment of disability allowance, to the person concerned, was refused by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for disability allowance. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was medically unsuitable for the allowance. I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford him an opportunity of setting out the complete and up to date grounds of his appeal. On receipt of his response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits. 803. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the number of persons in receipt of incapacity and lone parent benefits for each year since 2000 to date in 2010; the percentage of the working population this represents; and if she will make a statement on the matter. [2013/10]

425 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The information requested by the deputy is contained in the tabular statement.

One-Parent Family Payment and Disability Payments as a percentage of the Labour Force and Numbers in Employ- ment, 2000 to 2009.

Year Labour Number in One- One- One Disability Disability Disability Force(1) Employment(1) Parent Parent Parent Payments(3) Payments Payments Family Family Family as % of as % of Payment Payment Payments Labour Employed as % of as % of Force Labour Employed Force

%% %%

2000 1,763,700 1,684,100 74,119 4.2 4.4 113,891 6.5 6.8 2001 1,807,400 1,738,000 77,142 4.3 4.4 119,500 6.6 6.9 2002 1,850,800 1,768,500 79,195 4.3 4.5 126,542 6.8 7.2 2003 1,886,700 1,800,000 79,296 4.2 4.4 133,032 7.1 7.4 2004 1,940,000 1,852,200 80,103 4.1 4.3 141,002 7.3 7.6 2005 2,040,400 1,944,600 80,366 3.9 4.1 150,080 7.4 7.7 2006 2,132,800 2,034,900 83,081 3.9 4.1 148,297 7.0 7.3 2007 2,217,000 2,113,900 85,084 3.8 4.0 155,878 7.0 7.4 2008 2,239,600 2,112,800 87,840 3.9 4.2 162,671 7.3 7.7 2009 2,203,100 1,938,500 90,484 4.1 4.7 166,328(3) 7.5 8.6

(1)Source: Central Statistics Office. (2)Includes Invalidity Pension, Disablement Pension and Disability Allowance (3)November 2009.

Employment Support Services. 804. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the number of interview referrals to FÁS under the national employment action plan in 2009; and if she will make a statement on the matter. [2046/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The National Employment Action Plan, operated jointly with FÁS, is the main activation measure for jobseeker’s. It has been in operation since 1998 and has proven successful in that period in assisting people on the live register back into employment. It provides for a systematic engagement of the employment services with unemployed people. Under the Plan, all persons between the ages of 18 and 65 years who are approaching 3 months on the Live Register, are identified by the Department of Social and Family Affairs and referred to FÁS for interview with the aim of assisting them to enter/re-enter the labour market. In the period January to end of October, 2009 (the latest period for which data is available) a total of 71,405 persons were referred to FÁS — this is an increase of 42% (21,207) over the same period in 2008. The Employment Action plan process is a key element in addressing the progression needs of those on the Live Register. It provides a stimulus to job search and affords an opportunity to explore, under professional guidance, the full range of employment and training services offered by FÁS.

Departmental Staff. 805. Deputy Denis Naughten asked the Minister for Social and Family Affairs the number 426 Questions — 19 January 2010. Written Answers of staff in her Department, broken down by division and section, annually since 2007 to date in 2010; and if she will make a statement on the matter. [2173/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The table details the number of staff serving in the Department annually since 2007, broken down by Division.

1.1.2007 1.1.2008 1.1.2009 1.1.2010

SW Regions 1,903 1,917 2,028 2,303 Planning/Policy 91 91 90 105 Central Support/Admin 391 385 380 342 IS Division 251 236 235 230 SW Schemes/Control + Associated Areas 1626 1757 1752 1699 Social Welfare Appeals Office 54 54 55 54

Overall Total 4,316 4,440 4,540 4,733

Social Welfare Benefits. 806. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of persons currently in receipt of widow or widowers pensions on foot of self employed contributions; the number of applicants who have been disallowed for such payment in each of the past five years to date in 2010 on the grounds that the self employed contributions applied to one spouse only; and if she will make a statement on the matter. [2176/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Statistics are not available on the overall number of persons currently in receipt of Widow/er’ Contributory Pension on the basis of self employment PRSI specifically. However, of 5,573 Widow/er’s Contributory Pensions awarded in 2009, 44 were based on self employment PRSI. There have been no applications disallowed on the basis that self employment contributions applied to one spouse only, as entitlement to Widow/er’s Contributory Pension can be based on either the applicant’s own PRSI record or that of the deceased spouse.

Social Welfare Appeals. 807. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of instances wherein her Department initiated an appeal where a deciding officer has previously awarded a payment in the past five years to date in 2010; and if she will make a statement on the matter. [2177/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that they have no record of instances whereby an appeal was initiated by the Department in cases where a deciding officer had previously awarded a payment. The Deputy may be referring to cases where the Department requested a review by the Chief Appeals Officer in respect of Appeals Officers decisions. An Appeals Officer’s decision is final and conclusive but may be revised by the Chief Appeals Officer where it appears that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts. Either party to an appeal may seek such a revision. The Department requested a review in 1 case in 2007, 9 cases in 2008 and 11 cases in 2009 and 1 case in 2010. There is no record of any review being sought by the Department prior to 2007. 427 Questions — 19 January 2010. Written Answers

Social Welfare Benefits. 808. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of applications for various social welfare payments that have been disallowed on the grounds of failure to meet habitual residency conditions in each of the past five years to date in 2010; the number of such cases overturned on appeal; and if she will make a statement on the matter. [2178/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. All applicants — regardless of nationality — for the following payments are required to be habitually resident in the State:

• Jobseeker’s Allowance;

• State Pension (Non-Contributory for persons aged over 66);

• Blind Pension;

• Widow’s, Widower’s and Orphan’s Non-Contributory Pensions;

• One-parent Family Payment;

• Carer’s Allowance;

• Disability Allowance;

• Supplementary Welfare Allowance (including Rent Supplement);

• Domiciliary Care Allowance;

• Child Benefit,

The number of applications that have been disallowed welfare payments, based on the failure to satisfy the habitual residence condition, from 1 January 2005 to 31 December 2009 is 30,962. An annual breakdown of the figures is set out in the table. Figures for January 2010 are not available.

Scheme 2005 2006 2007 2008 2009

Jobseeker’s Allowance 2,865 3,404 4,016 4,535 7,484 State Pension (Non-Con) 33 147 Not Avail 0 16 Blind Pension 1 0 Not Avail 0 0 Widow’s, Widower’s & 6 11 Not Avail 0 7 Orphan’s Non-Con Pensions One-Parent Family Payt. 382 179 289 295 381 Carer’s Allowance 105 66 45 87 192 Disability Allowance 389 203 196 278 570 Domiciliary Care Allce. Not applicable 14 Child Benefit 818 351 577 1,102 1,918

Total 4,599 4,361 5,123 6,297 10,582

Information on the number of these cases that were overturned on appeal is not readily available. Statistics on the number of Supplementary Welfare Allowance (SWA) claims that do not 428 Questions — 19 January 2010. Written Answers satisfy the habitual residence condition are not maintained by the various HSE areas. However, it is estimated that approximately 1.5% of all SWA claims are disallowed for HRC reasons. It is open to any customer who is not satisfied with the decision on their claim to appeal that decision.

Social Welfare Appeals. 809. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of appeals processed by her Department in respect of carer’s allowance in each of the past three years to date in 2010; the number found in favour of applicant; and if she will make a statement on the matter. [2179/10]

810. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of appeals processed by her Department in respect of old age contributory and non contributory pension in each of the past three years to date in 2010; the number found in favour of applicant; and if she will make a statement on the matter. [2180/10]

811. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of appeals processed by her Department in respect of disability allowance and benefit in each of the past three years to date in 2010; the number found in favour of applicant; and if she will make a statement on the matter. [2181/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 809, 810 and 811 together. The questions seek statistical information on the work of the Social Welfare Appeals Office. I am advised by the Social welfare Appeals Officer that the statistics requested by the Deputy in respect of 2007, 2008 are available in the annual reports of that Office for the relevant years. The statistics in respect of 2009 are being compiled at present for inclusion in the 2009 annual report and there are no statistics available for 2010.

Pension Provisions. 812. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the reason the practice of issuing forecasts of contribution entitlements in respect of old age pension applications has been suspended in view of the fact that the procedure whereby an application has to be made in the first instance, the full process undertaken and a further review of contribution entitlements thereby causing hardship to applicants and long administrative delays; and if she will make a statement on the matter. [2182/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department has not suspended the practice of providing a history of contribution entitlements to customers. On request, a customer will be provided with a copy of their full social insurance contribution history, together with the booklet ‘Working It Out’, to assist them in assessing their possible pension entitlement. This enables a customer to review their contribution history. Should they identify any ‘gaps’ in their record, they can have these investigated and rectified in advance of pension application stage.

Question No. 813 answered with Question No. 118.

Social Welfare Benefits. 814. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of applications for back to education allowance received, granted or refused in each of the past five years to date in 2010; and if she will make a statement on the matter. [2184/10]

429 Questions — 19 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): Participants on the back to education allowance (BTEA) scheme transfer from another social welfare payment. Annual statistics are collated by the department for the number of participants on the basis of the relevant academic year. Statistics are not collated centrally on the number of applications received or the number who are refused entry to the scheme and, consequently, remain on their existing payment. Details of the number of participants on the scheme (BTEA) for the academic years 2004/2005 to 2008/2009 are presented in the following table. The table shows a significant increase in the number of participants on the scheme in the 2008/09 academic year.

BTEA Participants 2004/2005 to 2008/2009

Academic year Number of Participants

2004/2005 7,308 2005/2006 7,285 2006/2007 8,090 2007/2008 8,883 2008/2009 11,646

815. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of persons in receipt of mortgage support and the cost thereof in each of the past three years to date in 2010; and if she will make a statement on the matter. [2185/10]

816. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of persons in receipt of rent support; the cost thereof in each of the past three years to date in 2010; and if she will make a statement on the matter. [2186/10]

817. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of applicants for rent support received in each of the past five years to date in 2010; the number awarded; the number appealed; the number of cases overturned on appeal; and if she will make a statement on the matter. [2187/10]

818. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of applications for mortgage support received in each of the past five years to date in 2010; the number awarded; the number appealed; the number of cased overturned on appeal; and if she will make a statement on the matter. [2188/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 815 to 817, inclusive, and 818 together. The supplementary welfare allowance scheme provides for a weekly or monthly supplement to be paid in respect of rent or mortgage interest to any person in the State whose means are insufficient to meet their needs. The supplementary welfare allowance scheme is administered by the community welfare service of the Health Service Executive on behalf of the Department. The purpose of the rent supplement scheme is to provide short-term support, to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. Similarly, mortgage interest supplement provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. 430 Questions — 19 January 2010. Written Answers

The following is a tabular statement on rent and mortgage interest supplement recipients and expenditure for: 2007; 2008; and 2009. Currently there is no available data on expenditure for rent and mortgage interest supplement for 2010. Expenditure data is collected on a month- end basis. I also attach tables showing the number of rent and mortgage interest supplement claims registered and awarded in: 2007; 2008; 2009; and up to the 15th of January 2010. Figures are unavailable for the number of claims registered and awarded for the years 2005 and 2006. Further tables show the number of rent and mortgage interest supplement appeals received and, of those, the number of appeals which were successful for the years 2005 to 2009.

Recipients and Expenditure on Rent Supplement 2006 to 2009

Year Recipients Expenditure

€000*

2006 59,861 388,339 2007 59,726 391,466 2008 74,038 440,784 2009 93,030 507,681 *Expenditure for 2009 is Provisional. *No expenditure figures for 2010 available.

Recipients and Expenditure on Mortgage Interest Supplement 2006 to 2009

Year Recipients Expenditure

€000*

2006 3,424 7,872 2007 4,111 12,198 2008 8,091 27,675 2009 15,101 60,727 *Expenditure for 2009 is Provisional. *No expenditure figures for 2010 available.

Rent Supplement Claims Registered and Awarded 2007 to 2010

Year Claims Registered Claims Awarded

2007 43,832 41,197 2008 67,136 62,122 2009 97,523 87,802 2010* 2,580 2,246 *To 15 January 2010.

Notes • Claims registered include claims not pursued by the applicant and re-application where a rent supplement recipient moves to new accommodation.

• Claim details are recorded electronically where it is established that rent supplement is payable. Where an appeal has been lodged, claim details are also recorded electronically.

• Given the pressure on the community welfare service, claim details are not always recorded on the system where no entitlement has been established to rent supplement. 431 Questions — 19 January 2010. Written Answers

[Deputy Mary Hanafin.]

• The difference between claims registered and claims awarded is not necessarily a refusal rate, for the reasons outlined above.

• In these circumstances, fully reliable statistics are not available on the total number of people who applied for and were refused rent supplement.

Mortgage Interest Supplement Claims Registered and Awarded 2007 to 2010

Year Claims Registered Claims Awarded

2007 3,694 2,985 2008 8,827 7,080 2009 18,796 13,724 2010* 482 338 *To 15 January 2010.

Notes • Claims registered include claims not pursued by the applicant.

• Claim details are recorded electronically where it is established that rent supplement is payable. Where an appeal has been lodged, claim details are recorded electronically.

• Given the pressure on the community welfare service, claim details are not always recorded on the system where no entitlement has been established to mortgage interest supplement.

• The difference between claims registered and claims awarded is not necessarily a refusal rate, for the reasons outlined above.

• In these circumstances, fully reliable statistics are not available on the total number of people who applied for and were refused mortgage interest supplement.

Rent Supplement Appeals Received and Granted by HSE Appeals Officers 2005 to 2009

Year Appeals Received Appeals Granted

2005 930 268 2006 1,701 591 2007 806 208 2008 2,996 742 2009 1,489 336

Mortgage Interest Supplement Appeals Received and Granted by HSE Appeals Officers 2005 to 2009

Year Appeals Received Appeals Granted

2005 14 — 2006 241 64 2007 104 20 2008 686 113 2009 878 84

432 Questions — 19 January 2010. Written Answers

819. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the reason for the refusal of old age pension in respect of a person (details supplied) in County Kildare in 2002; if a further review has taken place to ascertain if they qualify under partnership or self employed criteria; and if she will make a statement on the matter. [2189/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to qualify for a State Pension (Contributory), a minimum of 260 paid reckonable contributions is required, from either employment or self-employment. The person concerned applied for State Pension (Contributory) in 2002. Her claim was disallowed on 23 January 2002 on the grounds that she does not satisfy the contribution condition as she only has a total of 156 paid contributions (in respect of a three year self-employment period from 1991 to 1994). The person concerned has been advised of the procedure for having the status of a commercial partnership recognised.

Departmental Expenditure. 820. Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the amount of compensation received annually since 2000 by CIE broken down by company, Dublin Bus, Bus Éireann and Iarnród Éireann for transporting passengers with free travel passes; and if she will make a statement on the matter. [2230/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department pays the CIE Group centrally in respect of transport services provided by the Group companies for pensioners and other groups eligible under the Free Travel scheme. The apportionment of payment between the three constituent companies, Bus Eireann, Bus Atha Cliath and Iarnród Eireann is a matter for the CIE Group to determine. Payments made to the CIE Group since 2000 are as follows:

Year Amount paid

€000’s

2000 40,450,467 2001 41,530,850 2002 41,806,029 2003 45,776,164 2004 46,791,313 2005 48,884,577 2006 50,334,031 2007 52,367,167 2008 56,210,748 *2009 60,981,464 *2009 Figures are provisional.

Departmental Expenditure. 821. Deputy Ciarán Lynch asked the Minister for Defence the insurance compensation received following the sinking of the Asgard II and the manner in which it will be utilised; the status of the Coiste An Asgard sail training programme; and if he will make a statement on the matter. [48245/09]

Minister for Defence (Deputy Willie O’Dea): In the context of settling the Estimates for my Department for 2010, the Government decided that the national sail training scheme operated 433 Questions — 19 January 2010. Written Answers

[Deputy Willie O’Dea.] by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. The decision to discontinue the scheme was a difficult one. I am conscious of the fact that it will come as a great disappointment to many. However, the reality is that in the current difficult economic situation there is no option but to make reductions in all areas of public expenditure, including Defence. In that regard my priority is to ensure that the Defence Forces have the resources to discharge their allotted tasks at home and abroad. The sum of €3.8m representing the insured value of Asgard 11 has been transferred to the Department of Finance as Extra Exchequer Receipts.

Reserve Defence Force. 822. Deputy Arthur Morgan asked the Minister for Defence the number signed up with the Reserve Defence Force; the number at the end of 1980, 1985, 1990, 1995, 2000 and 2005; and if he will make a statement on the matter. [48284/09]

Minister for Defence (Deputy Willie O’Dea): I am advised by the Military authorities that the number signed up with the Reserve Defence Force (RDF) as at 30 November 2009, the latest date for which figures are currently available, was 6,732. The number signed up with the RDF (effective plus non-effective) at the end of 2005 was 10,833, i.e. 10,425 in the Army Reserve and 408 in the Naval Service Reserve. The table shows the strengths of the FCA and an Slua Muirí for each of the years 1980, 1985, 1990 and 1995.

FCA Slua Muirí Total

1980 20,850 425 21,275 1985 15,457 422 15,879 1990 15,320 348 15,668 1995 15,285 354 15,639

The figures for 2000 could not be collated in the time available but I have requested my officials to follow up with Records & Data Management to ascertain these and revert to you in writing in due course. The total strength of the Reserve includes personnel who are categorised as non-effective. As provided for in Defence Forces Regulation R5, personnel are removed from the effective strength of their Units and are placed on the non-effective list primarily for failure to meet minimum training requirements. These personnel remain liable for call out on permanent service or service in ATCP. Since 2004, with the role of the RDF Review Implementation Plan, the military authorities have increased their efforts to ensure that only those members who meet the requirements remain on the effective list. In the context of the Government decision on the implementation of savings measures on public service numbers, all recruitment to the RDF was suspended last March. Following a subsequent review and examination of RDF personnel numbers and budgets for 2009, I was satisfied that there is sufficient provision to allow for paid training for existing members of the Reserve. Accordingly, on 19 May last I announced that limited recruitment to fill vacancies arising due to existing Reserve members resigning, or being discharged in the normal manner could proceed. This is subject to the overall strength figure that existed at 1st January 2009 (i.e. 7,671) not being exceeded. This limited recruitment continues to be monitored and kept under review in the light of the uptake of paid training within the RDF and future budgetary provisions. In addition, last November I approved the advancement of Privates from 2* to 3* for those 434 Questions — 19 January 2010. Written Answers members who have achieved the necessary qualifications along with promotions from Private to Corporal for those currently qualified and the promotion of one Commandant to Lt Colonel. These promotions will be made on a phased basis to March 2010.

Defence Forces Recruitment. 823. Deputy Arthur Morgan asked the Minister for Defence if, upon the lifting of the embargo on recruitment in the Permanent Defence Forces, consideration will be given to recruiting a percentage of recruits from the Reserve Defence Forces; and if he will make a statement on the matter. [48285/09]

Minister for Defence (Deputy Willie O’Dea): Arising from the Government Decision on Public Service numbers, which took effect from 27 March 2009, recruitment to the Permanent Defence Force has been suspended with effect from that date. I am in contact with the Minister for Finance about the implications of the Government Decision on the Permanent Defence Force. In my statement on the Defence Budget, I confirmed my commitment to maintaining the strength of the Permanent Defence Force at a level of 10,000 all ranks, for which I have secured Government approval in the context of Budget 2010. It is however, too early to confirm the position in relation to further recruitment. My Department and the Defence Forces are committed to ensuring that all suitably qualified candidates, including those who are members of the Reserve Defence Force, who wish to do so are given the opportunity to join the Permanent Defence Force. The primary focus in recruitment is to attract people with the core competencies required by the Permanent Defence Force. In this regard membership of the RDF is advantageous when applicants are being interviewed in that it affords them the opportunity to augment their own life experiences with those from their time in the RDF in order to display their suitability for enlistment in the PDF. While Reservists are encouraged to apply for positions in the PDF and many do, it is not intended to set targets for recruitment from the Reserve.

824. Deputy Arthur Morgan asked the Minister for Defence if his attention has been drawn to the number of Irish nationals serving in foreign armies; if his further attention has been drawn to the increase of Irish nationals joining foreign armies since the embargo was put in place by the Defence Forces here; and if he will make a statement on the matter. [48286/09]

Departmental Staff. 825. Deputy George Lee asked the Minister for Defence the number of Civil Service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48310/09]

435 Questions — 19 January 2010. Written Answers

Minister for Defence (Deputy Willie O’Dea): The number of civil service staff in my Depart- ment at 31/12/2009 was 401. The whole-time equivalent number was 376.73. My Department does not maintain records of the economic qualifications held by members of staff in a readily accessible format. My Department has a strong commitment to the training and development of staff. It has consistently met the Government target of devoting 4% of payroll to training. Given the business requirements of my Department, expertise and recognised qualifications in policy analysis are prioritised as part of the Performance Management and Development System (PMDS). A personal training and development plan is developed on an annual basis for every member of staff. Progress with individual training plans is reviewed formally twice a year as part of the PMDS process.

826. Deputy Arthur Morgan asked the Minister for Defence the number of civil servants engaged in constituency work in his Department; the salaries, accommodation costs and expenses involved or associated with these duties; and if he will make a statement on the matter. [1004/10]

827. Deputy Arthur Morgan asked the Minister for Defence the number of civil servants engaged solely in constituency work in his Department; the salaries, accommodation costs and expenses involved or associated with these duties; and if he will make a statement on the matter. [1005/10]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 826 and 827 together. The number, grade and salary scales of civil servants engaged in constituency work in my Department are set out in the following table:

Number Grade Salary Scale as at 01/01/2010

1 Staff Officer Staff Officer Scale PPC €34,771 – €46,171 1 Clerical Officer Clerical Officer Higher Scale €23,042 – €36,267 2 Clerical Officer Clerical Officer PPC Standard Scale €23,177 – €37,341 1 Clerical Officer Clerical Officer Standard Scale €22,015 – €35,515

Personal Pension Contribution (PPC) scales apply where officers were employed since 6 April 1995, pay class A rate of PRSI and make a personal pension contribution. Overtime, travel and subsistence expenses are paid at standard Civil Service rates. The amount paid in 2009 was:

€

Overtime NIL Travel & Subsistence 70.61

The staff in question are accommodated in my Department’s headquarters building in Dublin. The building is state-owned. Overhead costs are borne on the Vote for my Department and are not apportioned to individual members of staff or units of staff.

Departmental Expenditure. 828. Deputy Richard Bruton asked the Minister for Defence the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1253/10] 436 Questions — 19 January 2010. Written Answers

Minister for Defence (Deputy Willie O’Dea): The information requested is as follows:

Report of the Special Group on Public Numbers and Expenditure Programmes: 2010 Estimated Savings Measures reflected in Budget 2010

€m

Reduction of Permanent Defence Force numbers. 9.0 Reductions in PDF numbers already achieved are in line with Report recommendations. Civilian employee numbers are also reducing.

Rationalise Ireland’s overseas commitments — end participation in UN mission in 7.0 Chad. Commitments will be reduced in 2010 through major downsizing of the units serving in Kosovo and Bosnia-Herzegovina

Reduce the Reserve Defence Force by two-thirds. 4.0 Reduction in the number of paid training days for RDF members.

Close the sail training scheme (Asgard II) 0.8 The sail training scheme is being discontinued.

Reduce Departmental staff numbers in proportion to the reduction in the Permanent 0.5 Defence Force. Recommended reduction has been achieved.

Further Consolidation of property portfolio. 5.0 Property sales of €5m are planned in 2010.

Charge the full economic cost of Aid to the Civil Power, Aid to the Civil Authority, 3.0 etc. to the relevant bodies. An Post, the Central Bank and other organisations will be charged for security services on the same basis as the Commercial Banks.

Defence Forces Property. 829. Deputy Michael McGrath asked the Minister for Defence his plans for the future of a site (details supplied) in County Cork; and if he will make a statement on the matter. [1338/10]

Minister for Defence (Deputy Willie O’Dea): The site referred to by the Deputy will be disposed of, taking account of market conditions, so as to maximise the return to the State and generate funding for reinvestment in Defence Forces equipment and infrastructure.

Ethics in Public Office. 830. Deputy Fergus O’Dowd asked the Minister for Defence the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1507/10]

Minister for Defence (Deputy Willie O’Dea): I can confirm that the I have not received gifts over the value of €650 for the dates outlined by the Deputy. In relation to gifts under the value of €650, occasionally token gifts are exchanged between dignitaries on Ministerial trips both at home and abroad. These token gifts are of nominal monitory value as they are offered as gestures of goodwill. Examples of the type of gifts exchanged include military plaques, pieces of ethnic pottery, and ornaments made from wood or glass.

Departmental Staff. 831. Deputy Joan Burton asked the Minister for Defence the number of whole time equivalents serving in his Department in the grades of secretary general, deputy secretary general, assistant secretary general, higher principal officer, principal officer, higher assistant principal 437 Questions — 19 January 2010. Written Answers

[Deputy Joan Burton.] officer, assistant principal officer, higher executive officer, executive officer, staff officer and clerical officer on 1 January 1998, 1 January 2007 and the latest date for which figures are available. [1951/10]

Minister for Defence (Deputy Willie O’Dea): The information requested by the Deputy is set out in the following table:

Grade Nos. Serving 1/1/98 Nos. Serving 1/1/07 Nos. Serving 1/1/10

Secretary General 1.00 1.00 1.00 Deputy Secretary General Nil Nil Nil Assistant Secretary 2.00 1.00 2.00 Principal Higher 1.00 3.00 5.00 Principal 9.00 10.80 7.70 Assistant Principal Higher 2.00 5.00 4.90 Assistant Principal 21.00 26.00 26.00 Higher Executive Officer 61.50 51.43 51.13 Executive Officer 62.00 71.55 70.73 Staff Officer 31.00 31.80 29.20 Clerical Officer 166.50 126.63 119.60

832. Deputy Denis Naughten asked the Minister for Defence the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2165/10]

Minister for Defence (Deputy Willie O’Dea): The information requested by the Deputy is outlined as follows:

31 December 2007

Section Staff Number

Management Advisory Committee 4.00

Property Management 15.00 Contracts 13.00 Executive 10.00 International Security and Defence Policy 15.00 Office of Emergency Planning 5.00

Defence Forces Personnel Policy 6.50 Litigation 9.50 Conciliation & Arbitration 10.50 Legislation 6.50 Planning & Organisation 5.50 Information System 23.00

Minister’s Office 17.00

HR/Decentralisation/Facilities support 59.70 Finance/Audit/MIF 154.75

438 Questions — 19 January 2010. Written Answers

31 December 2008

Section Staff Number

Management Advisory Committee 4.00

Property Management 21.00 Contracts 7.00 Executive 10.00 International Security and Defence Policy 18.00 Office of Emergency Planning 3.50

Defence Forces Personnel Policy 5.50 Litigation 12.00 Conciliation & Arbitration 11.00 Legislation 6.00 Planning & Organisation 6.50 Information System 23.00

Ministers’ Office 17.00

HR/Decentralisation/Facilities support 70.70 Finance/Audit/MIF 150.05

31 December 2009

Section Staff Number

Management Advisory Committee 4.00

Property Management 16.10 Contract 7.00 Executive 10.00 International Security and Defence Policy 18.00 Office of Emergency Planning 3.80

Defence Forces Personnel Policy 6.70 Litigation 12.30 Conciliation & Arbitration 10.83 Legislation 4.80 Planning & Organisation 7.53 Information System 21.70

Ministers’ Office 15.00

HR/Decentralisation/Facilities support 65.00 Finance/Audit/MIF 141.50

I would like to reassure the Deputy that I am satisfied that structure and staffing levels in my Department are appropriate and that I remain committed to ensuring that the delivery of services by the Defence Organisation is as efficient and effective as possible.

Ministerial Responsibilities. 833. Deputy Jimmy Deenihan asked the Minister for Defence the number of working days 439 Questions — 19 January 2010. Written Answers

[Deputy Jimmy Deenihan.] in 2009 that he was physically present in his Department in Dublin; and if he will make a statement on the matter. [2228/10]

Minister for Defence (Deputy Willie O’Dea): I have a Ministerial Office in Leinster House, as well as an office at the Department of Defence Headquarters at Parkgate, Infirmary Road. As Minister for Defence, I also attend at the various Defence locations around the country on a regular basis. Whilst I do not keep a log of attendance at my various Offices, I meet with my officials and military personnel on a regular basis in all of these locations.

Decentralisation Programme. 834. Deputy Jimmy Deenihan asked the Minister for Defence in view of the announced deadline for the decentralisation of Defence Force headquarters to the Curragh, County Kildare, in December 2009, the number of staff scheduled to have been decentralised by December 2009 in his Department and by the Defence Force that have been decentralised; the number that remain to be decentralised; if deadlines for decentralisation of his Department and the Defence Force are on target; if the target has been missed, has a new target date been set; the date of the new target; the additional costs to the Exchequer that have resulted from missed deadlines; the extent of such costs; and if he will make a statement on the matter. [2229/10]

Minister for Defence (Deputy Willie O’Dea): The Deputy will be aware that the Government decision on decentralisation provides for the transfer of my Department’s Dublin-based civil service staff, together with a number of military personnel, to Newbridge, Co. Kildare and for the decentralisation of the Defence Forces Headquarters (DFHQ) to the Curragh. Approxi- mately 200 of my Department’s Dublin-based civil servants, together with about 55 military personnel will relocate to Newbridge. Approximately 88% of Civil Service staff who wish to decentralise to Newbridge were in situ at the end of December. The new building at Newbridge is progressing well and is expected to be ready for occupation in the summer. Costs in relation to the building project are borne on the Vote of the OPW. In relation to the Curragh and in light of budgetary constraints at this time the Government has decided to defer proceeding with the new building for DFHQ at the Curragh. This location, along with a number of other deferred locations will be considered as part of the overall review of the programme in 2011. The decentralisation projects at these locations have not been abandoned. The implications of the deferment of the Curragh project are currently being considered by my Department in conjunction with the Department of Finance and the Office of Public Works.

Grant Payments. 835. Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government when a hen harrier payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48440/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Payments are made on the basis of approved farm plans. I understand that the applicant’s plan is currently with his farm planner for finalisation. When the final plan is submitted, the National Parks and Wildlife Service of my Department will process the application and, if in order, payment will be made.

Legislative Programme. 836. Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and

440 Questions — 19 January 2010. Written Answers

Local Government the status of the National Monuments Bill; when he will deliver this Bill to Cabinet. [48468/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I will shortly bring proposals to Government, based on extensive review of national monuments legislation, and substantial stakeholder consultation, with a view to bringing forward a comprehensive and modernised Monuments Bill as quickly as possible.

Litter Pollution. 837. Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government the number of litter fines that were served in the first six months of 2008; and the number that were paid. [48619/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Statistics on local authority enforcement action on litter, including the numbers of fines issued and paid for litter offences, are submitted by local authorities to my Department every six months; the latest figures available relate to the period January — June 2009 and are available in the Oireachtas Library.

Emergency Planning. 838. Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government if he will institute a review of the State’s response time and lack of planning during both the recent flood and cold events; his views on the fact that there is an urgency in relation to future planning for weather events, particularly in view of the possible climate change effects; and if he will make a statement on the matter. [1159/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have initiated a review of the emergency response to the recent flooding event and a review will be undertaken on the operation of the co-ordination of the inter-agency arrangements during the recent severe weather event with a view to assessing the performance of the arrangements and to ascertain if any revisions are necessary.

Proposed Legislation. 839. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the proposed legislation or guidelines pertaining to dog breeding and dog welfare planned for 2010; and if he will make a statement on the matter. [1172/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I published the Dog Breeding Establishments Bill 2009 on 22 December 2009. The Bill contains provision to give statutory effect to the recommendations of the Working Group that reviewed the management of dog breeding establishments. A dog breeding establishment is defined in the Bill as a premises with not less than 6 bitches of 4 months old capable of breeding. The Bill proposes that all dog breeding establishments be required to register with the relevant local authority, pay a registration fee and meet a minimum set of veterinary, welfare and other standards, together with some associated requirements. Regulations will be introduced following its enactment and these will set out the detailed criteria for dog breeding establishments Guidelines for dog breeding establishments to meet the requirements of the legislation will be introduced by way of Regulations following enactment of the Bill. The draft Regulations will be subject to consultation with interested parties. to meet the requirements of the legislation. In addition, my colleague the Minister for Agriculture, Fisheries and Food, Mr. Brendan Smith, T.D., is preparing an Animal Health and Welfare Bill.

441 Questions — 19 January 2010. Written Answers

Foreshore Licences. 840. Deputy Seán Connick asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that an application (details supplied) was made to his Department by the ESB on 11 April 11 2008 to seek a foreshore licence for permission to drill under the River Barrow to replace existing over river pylons and wires with under river wires on the New Ross-Rosbercon 38kV line; if his further attention has been drawn to the fact that tendering for this project cannot be completed because of the delay in issuing this foreshore licence by his Department; when this foreshore licence will be issued; and if he will make a statement on the matter. [1177/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Following the enactment of the Foreshore and Dumping at Sea (Amendment) Act, 2009, my Department assumed responsibility on 15 January 2010 for a range of foreshore functions including all foreshore energy-related developments (including oil, gas, wind, wave and tidal energy). The foreshore application made by the ESB in respect of the project referred to is at an advanced stage of consideration. Specific conditions for inclusion in a draft foreshore licence were issued to the ESB for its agreement on 11 December 2009 and a response from the company is awaited.

Emergency Planning. 841. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the meetings of the National Emergency Co-ordination Committee held in October, November, December 2009 and to date in January 2010; the location of each meeting; the items on the agenda of each meeting; the persons who attended these meetings; the department, agency or organisation that these persons represented; the agreed actions resulting from each meeting; and if he will make a statement on the matter. [1479/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The National Emergency Response Co-ordination Committee is a non standing committee and it was convened for the recent flooding and severe weather events. Its primary purpose is to bring together a whole of Government approach, and to this end it facilitates the exchange of information, ensures co-operation between various Government Departments, statutory agencies, the Defence Forces and voluntary bodies, and ensures that decisions on various matters are made where necessary in responding to a serious emergency event having country wide implications. It is also informed by reports from the various bodies at local level on the progress of local co-ordination and inter-agency arrangements in responding to the emerging events and on any issues which may require direction from the central level. In the event of certain emergencies, my Department has the chairing and co-ordinating role in relation to the emergency response. The Committee concerning the flood event met on 11 occasions in November and December, 2009, until the conclusion of the emergency response co-ordination task. The Com- mittee concerning the severe weather met on 10 occasions to-date in January 2010, including a preliminary meeting of relevant Departments and agencies on 5 January which met in my Department. All other meetings were held in the National Emergency Coordination Centre in Agriculture House, Kildare Street, Dublin. A further meeting has been arranged for Thursday, 21 January. The agenda for each meeting was in a standard format dealing with the current situation, emerging issues, public information and safety messages. The organisations participating in the Committee differed during the two events, and also changed over the duration of the emergencies as issues arose and were addressed. Also, the representation of any Department or Agency may vary, depending on the subject matter under discussion. A table follows which

442 Questions — 19 January 2010. Written Answers lists the Departments and Agencies represented at both Committees. The actions agreed at meetings generally centred on actions to be taken by the local authority sector, National Roads Authority, Health Services Executive, arrangements for seeking the assistance of the Defence Forces and generally to ensure that co-ordination of actions by various bodies and agencies were complementary and inclusive. Examples of such actions were the acquisition of salt for the road network, improved public information, water conservation campaign, road safety, ensuring co-ordination of inter-agency activities, where necessary, and the provision of briefing. It is a sound fundamental principle of emergency management internationally that the response to emergencies builds from the basic organisational units with capability to respond, in Ireland’s case that is from the local units of an Garda Síochána, the Health Service Executive and the local authorities. Generally due to the operation of a high level of inter-agency co-ordination arrangements at central and local levels as set out in the Framework for Major Emergency Management, formally commenced in September 2006, the requirement for direct action by the Committee was minimised.

Representation at National Emergency Response Co-ordination Committees

Organisation Flooding Committee Severe Weather Committee

Government Department Environment, Heritage & Local Government X X Transport X X Justice, Equality & Law Reform X X Health & Children X X Defence X X Taoiseach X X Education and Science X X Agriculture, Fisheries & Food X X Communications, Energy & Natural Resources X X Social & Family Affairs X Finance X Enterprise, Trade and Employment X X

Other Agencies Defence Forces X X Irish Coast Guard X Office of Emergency Planning X X Met Eireann X X Office of Public Works X Health Service Executive X X Electricity Supply Board X X An Garda Síochána X X City & County Managers Association X X Health & Safety Authority X Health & Safety AuthorityNational Roads Authority X X

Local Authority Funding. 842. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the legal or competition impediments for local authorities who might wish to 443 Questions — 19 January 2010. Written Answers

[Deputy Phil Hogan.] waive council business rates or offer a percentage rebate for new businesses for a defined time period; and if he will make a statement on the matter. [1491/10]

881. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 437 of 24 November 2009, if the Local Authority (Rates) Act 1970 is superseded by the Valuation Act 2001; if there is any legal impediment for local authorities who might wish to waive council business rates or offer a percentage rebate for new businesses for a defined time period; and if he will make a statement on the matter. [1492/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 842 and 881 together. The Local Government (Rates) Act 1970, rather than the Valuation Act 2001, is the relevant piece of legislation in relation to rates waiver schemes. Under the provisions of the Local Government (Rates) Act 1970, a rating authority may make and carry out a scheme providing for the waiver by the authority of all or a portion of commercial rates due by ratepayers generally or a class of ratepayers in respect of a specified class or classes of property. The making of such a scheme is subject to the consent of the Minister for the Environment, Heritage and Local Government. Any application received for a rate waiver scheme is carefully considered by me. However, in considering any such application it would have to be borne in mind that a waiver of rates for one class of ratepayer could unfairly impact on existing businesses in the area by giving a competitive advantage to a certain group through a reduction of costs. In addition, the introduction of a waiver scheme could further increase costs on the part of businesses who are not part of the scheme, as they would be required to make up the cost of the waiver scheme through the payment of additional rates. This could impose an additional burden in what are already difficult economic circumstances.

Housing Grants. 843. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government his views on reinstating the disabled person’s grant for those who have limited access in their own homes; and if he will make a statement on the matter. [1604/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): In order to facilitate the continued independent occupancy of their own homes by older people and people with a disability, and following a review of the old Disabled Persons and Essential Repairs Grant Schemes and the Special Housing Aid for the Elderly scheme, which was administered by the HSE, a revised suite of Housing Adaptation Grant Schemes for Older People and People with a Disability was implemented on 1 November 2007. The revised schemes target the available resources to those in most need, streamline operational and administrative procedures and ensure equity and consistency of operation across all local authority areas. Under the terms of the Housing Adaptation Grant for People with a Disability, grants of up to €30,000, which may cover up to 95% of the cost, are available to assist in the carrying out of works which are reasonably necessary for the purposes of rendering a house more suitable for the accommodation needs of a person with a disability who is a member of the household. Under the Mobility Aids Grant Scheme, grants of up to €6,000 are available and may cover up

444 Questions — 19 January 2010. Written Answers to 100% of the cost of a basic suite of works to address mobility problems, primarily, but not exclusively, associated with ageing.

844. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he has sought information from each local authority in relation to their waiting list for housing adaptation grants for the elderly and mobility grants. [2599/10]

861. Deputy Michael Kennedy asked the Minister for the Environment, Heritage and Local Government if he will make funding allocations to local authorities for housing adaptation grants proportionate to the population of that local authority area in view of the fact that many local authorities are not receiving enough funding in relation to the high numbers of persons living within their remit; and if he will make a statement on the matter. [48639/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 844 and 861 together. The annual allocations to local authorities under the suite of Grants for Older People and People with a Disability are calculated on foot of detailed discussion between my Department and the local authorities and on the basis of the projected level of demand for grants, taking account of the level of applications on hand that have been assessed as eligible, applications yet to be assessed and projections for new applications to be received during the year. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the individual schemes, from within the combined allocations from local authority and Exchequer sources, notified to them by my Department, and to manage the operation of the schemes in their areas from within their allocation. My Department has requested local authorities to submit details of their funding requirements under the grant schemes for 2010 by 22 January, with a view to determining the allocations as soon as possible afterwards.

Natural Heritage Areas. 845. Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government when payment for the sale of a bog will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [48279/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Having regard to available budgetary resources, priority is being given under the bog purchase scheme to those wishing to sell their interest in the 32 raised bog sites which were nominated for designation as Special Areas of Conservation in 1999. For these sites the ten year derogation given by the Government, which allowed the continuation of turf cutting for personal domestic use, has now expired. The person in question owns land within a Natural Heritage Area designated in 2004, and the 10 year derogation period will not expire until 2014. Land transactions within this area, accordingly, do not qualify for priority attention at present.

Local Authority Funding. 846. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment if he will reimburse the €700,000 which has been spent to date by Clare County Council on the recent flooding crisis; and if he will make a statement on the matter. [48281/09]

854. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment if he will reimburse the €659,000 expended by Clare County Council in response to the recent flooding; and if he will make a statement on the matter. [48449/09]

445 Questions — 19 January 2010. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 846 and 854 together. I provided some €16.5m in supplementary funding to assist local authorities in the worst hit areas in meeting the immediate and exceptional costs incurred in dealing with the recent flooding crisis. My Department made payments to affected local authorities in the week before Christmas. On the basis of Clare County Council’s submission to my Department detailing the immediate and unanticipated expenditures incurred in responding to the flooding situation, I provided a total of €1,145,000 in emergency funding to the local authority.

Departmental Staff. 847. Deputy George Lee asked the Minister for the Environment, Heritage and Local Government the number of Civil Service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48313/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The total number of staff employed by my Department on 1 January, 2010 was 1,186 (full-time equivalents). My Department has an extensive policy, legislative and capital investment mandate, and employs staff with a wide range of professional qualifications. In addition, many administrative staff have degrees in a variety of subjects. However, while economists/statisticians are currently employed in the Climate Change and Housing areas, my Department’s Human Resources records do not hold information in a way that would readily identify staff who hold an economics degree, a post graduate economics degree or a PhD in economics. My Department, in conjunction with the Public Appointments Service, requires that all professional and technical staff recruited into my Department possess the necessary qualifications and experience for the posts concerned and these are specified for the individual competitions.

Sustainable Development Strategy. 848. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [48340/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): South Dublin County Council’s Traveller Engagement Programme was approved for funding in September 2007 as a project to be supported under my Depart- ment’s Sustainable Communities Fund, which supports innovative housing related projects, on a co-funding basis, for a maximum of three years. Over the past two years, my Department has provided €173,551 to South Dublin County Council in respect of this Programme and further funding will be available this year in respect of its final year. In addition to the funding available under the Sustainable Communities Fund, my Department continues to fund 90% of the salaries and expenses of the social workers employed by South Dublin County Council to work with Travellers.

Planning Issues. 849. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the increases in the cost of allotment rental; his plans to bring in regulations limiting the costs, particularly in the case of old age pensioners; and if he will make a statement on the matter. [48348/09]

446 Questions — 19 January 2010. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There are currently no primary legislative provisions governing the designation or management of allotments. The issue of allotments and any rental costs arising is therefore a matter for any local authority which may operate such an allotment scheme. I am considering introducing amending provisions in the Planning and Development (Amendment) Bill 2009 to give planning authorities the discretion to include objectives in their development plans which will facilitate the establishment and regulation of allotments in their areas. However, it is likely that the issue of rental costs would remain a matter for each authority.

Environmental Policy. 850. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the action plan for the implementation of regulations that require all timber used in Government, semi-State and local authority procurement contracts to be sourced from certif- iably sustainable timber producers in respect of EU Directive 17 and 18 of 2004; and if he will make a statement on the matter. [48354/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Directives 2004/17/EC and 2004/18/EC, which were transposed into Irish law by regulations made by the Minister for Finance, allow for environmental and social criteria and conditions to be integrated into public procurement procedures. Such criteria and conditions may, therefore, be included in the selection of technical specifications and award criteria, and in contract performance clauses. The current emphasis is on ensuring that all timber entering the EU comes from legal sources. To this end, a new EU Regulation will require timber traders operating in the EU for the first time to operate “due diligence” systems as a further barrier to trade in illegal timber. The Minister for Agriculture, Fisheries and Food, who has responsibility in this area, is negotiating this Regulation on behalf of Ireland. The provisions of this Regulation, when adopted, will be reflected in the Green Public Pro- curement National Action Plan being prepared by my Department in co-operation with the National Procurement Operations Unit in the Office of Public Works. The Plan will help to ensure that we utilise our forest resources in a cost-effective way, while also safeguarding them for the benefit of future generations.

Proposed Legislation. 851. Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if, in view of a recent incident involving the collision of a vehicle and a deer during a Ward Union hunt, he will revoke the hunt’s licence on public safety grounds. [48365/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I am aware of the recent incident where a deer collided with a vehicle during a hunt meeting. I have had concerns for some time relating to this particular hunting practice for both animal welfare and public safety reasons. Accordingly, the Government recently approved the drafting of legislation to prohibit the hunting of deer by a pack of hounds in accordance with a commitment in this regard in the renewed Programme for Government. I expect that the legislation will be published as soon as possible.

Planning Issues. 852. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local

447 Questions — 19 January 2010. Written Answers

[Deputy Michael McGrath.] Government his plans to review the residential density guidelines with a view to reduce density to provide for more family-friendly residential units in developments. [48367/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Following an extensive statutory consultation process, I published new statutory Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas (Cities, Towns and Villages) in December 2008 to replace and update the 1999 Residential Density Guidelines. These Guidelines seek to improve the design of residential developments, from the broad neighbourhood to the site and the actual home, setting out, inter alia, that the type and variety of homes provided should allow for families of different sizes and needs, and also highlight the needs and safety issues for children as regards access to community facilities, road design, open space and play areas. Densities are addressed within the 2008 Guidelines in the context of the location of the proposed development i.e. city and town centres, inner suburban, outer suburban, brown-field sites, institutional lands, access to public transport corridors, small towns and villages. The Guidelines and the accompanying Urban Design Manual, which provides practical guidance and examples of best practice planning, are available on my Department’s website at www.environ.ie.

Waste Disposal. 853. Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government when he will appoint an inspector to investigate the contract for an incinerator (details supplied) in Dublin 4; the reason he did not appoint an inspector when he assumed ministerial office in 2007; and if he will make a statement on the matter. [48438/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There have been significant increases in recycling rates in Dublin, with a corresponding drop in residual waste volumes. In addition, the recommendations of the report which I commissioned to underpin the review of waste management policy provided for in the Programme for Government are designed to achieve further reduction in the volumes of residual waste generated, and to drive more waste towards recycling. In these circumstances, and in light of potential competition issues which may result from the agreement between Dublin City Council and Dublin Waste to Energy, I have decided that the most appropriate course of action is to appoint an authorised person under section 224 of the Local Government Act 2001 to review the incinerator project. It remains open to Dublin City Council to engage with my Department to discuss any necessary adjustment to the project which might be necessary to bring it into line with the emerging reality of the waste market and waste policy generally. I am in the process of identifying suitable candidates with the appropriate qualifications to act as authorised person.

Question No. 854 answered with Question No. 846.

Local Authority Charges. 855. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if he will introduce a waiver in relation to the €200 non principal private residence charge in the case of persons who own one property, who are currently in negative equity and

448 Questions — 19 January 2010. Written Answers who have had to move away from home to find employment elsewhere here or abroad. [48460/09]

Appointments to State Boards. 856. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when he will appoint the professional conduct committee to deal with matters in relation to the architectural profession; and if he will make a statement on the matter. [48565/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under section 23(1) of the Building Control Act 2007, responsibility for the establishment of the Committee in question is vested in the relevant registration body, which, under section 13 of the Act, is the Royal Institute of the Architects of Ireland (RIAI). The appointment of architect members of the Committee is a matter for the RIAI itself. I am responsible for the appointment of the Chairperson and for the nomination of the non- architect members for appointment by the RIAI, subject to the consent of the Minister for Enterprise, Trade and Employment in the case of the appointment of the Chairperson and one of the non-architect nominations. I expect to make the appointment/nominations involved shortly.

Urban Renewal Schemes. 857. Deputy Kieran O’Donnell asked the Minister for the Environment, Heritage and Local Government when he will announce the level of funding for Limerick regeneration for 2010; when this funding will become available for draw-down by Limerick regeneration; the amount of funding which will be committed; and if he will make a statement on the matter. [48567/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department continues to provide significant support for the regeneration project across Limerick City, through ongoing liaison with the Limerick Northside and Southside Regeneration Agencies and with the local authorities in the area. Up to the end of 2009, some €51 million was provided to support the development of the city’s integrated regeneration programme, to fund an ambitious schedule of demolition and enabling works, as well as to implement the associated regeneration relocation strategy. In addition, funding was provided for a broad range of much needed social inclusion, community development, and enterprise development initiatives. On 4 December 2009, my colleague, Minister Gormley, announced that the Government had reaffirmed its commitment to the regeneration programme for Limerick and endorsed the programme’s overall vision for a ten-year transformation of the Limerick Regeneration areas. The Government has requested that detailed plans for phase one be completed by the end of the first quarter of this year, setting out the key elements of the programme to be delivered

449 Questions — 19 January 2010. Written Answers

[Deputy Michael Finneran.] over the course of the first 3 — 5 year period involved, including the investment envisaged by Government Departments and State agencies, as well as the private investment required to underpin the sustainability of the regeneration process. Within the overall funding available to my own Department for the provision and improvement of social housing for 2010, continued priority will be accorded to Limerick Regeneration. The level of funding to be provided in 2010 will be finalised as soon as possible, taking account of the Regeneration Programme’s key deliverables for this year and the overall funding available for regeneration programmes nationally.

858. Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government if he will examine the issues raised in correspondence (details supplied) in view of the employment and urban renewal it will bring to Drogheda, County Louth; and if he will make a statement on the matter. [48593/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): As Minister for the Environment, Heritage and Local Government, I am generally precluded under section 30 of the Planning and Development Act 2000 from exercising any power or control in relation to any individual matter with which a planning authority or An Bord Pleanála is or may be concerned. Under the Planning Acts, as Minister, I may only intervene in the planning process in respect of heritage matters. The planning application for a mixed use development in Drogheda, referred to in the Question, was submitted to me in that context. The decision of the planning authority to grant planning permission for the development is currently under appeal to An Bord Pleanála and a decision by the Board is awaited. The appeal is under consideration within a statutory process in respect of which An Board Pleanála has charge and authority. Therefore, it would not be appropriate for me to become involved further in relation to the development at this stage.

Local Authority Funding. 859. Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government if he has received correspondence from a council (details supplied); the steps he has taken to address the issues raised in this correspondence; and if he will make a statement on the matter. [48601/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have responded to the correspondence in question which concerned the allocation of monies to South Dublin County Council from the Local Government Fund. General purpose grants from the Local Government Fund are provided to supplement the income available to local authorities from local sources and from specific grants to enable them to provide an acceptable level of day to day services. South Dublin County Council’s general purpose grant allocation for 2010 is €24,289,702, a reduction of 1.6% on the amount allocated in 2009. The revenue base of local authorities has been broadened by the introduction of the charge on non-principal private residences. The total raised by South Dublin County Council from this charge in 2009 was some €2m. This charge is being collected and the income retained by local authorities. I consider this to be a very significant development as it will reduce the dependency of local authorities on central funding. In Budget 2010 the Government announced a reduction in pay rates across the public service. This will result in payroll savings accruing to the local government sector in 2010. Local auth-

450 Questions — 19 January 2010. Written Answers orities, including South Dublin County Council, are to retain 65% of the payroll savings to be realised in their authority in 2010. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to locally identified needs. I am satisfied that the level of funding provided to South Dublin County Council makes a significant contribution towards enabling them to provide a reasonable level of services to the public.

Litter Pollution. 860. Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government his plans to place a levy on chewing gum; and if he will make a statement on the matter. [48620/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department entered into a negotiated agreement designed to tackle chewing gum litter with the chewing gum industry in 2006. The 3-year programme involved a comprehensive radio, outdoor and in-store advertising campaign, a wide-reaching schools education module and the promotion of greater awareness of litter law enforcement in local authority areas across the country. The agreement has now expired. My Department is currently engaged in discussions with the chewing gum industry to establish whether a new programme can be agreed. No decision has been taken regarding the possible introduction of a levy on chewing gum, pending the outcome of these discussions.

Question No. 861 answered with Question No. 844.

Local Authority Funding. 862. Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if he has carried out an analysis of legal costs and fees paid by all local authorities for the years 2005 to 2008, inclusive; if better value for money will be achieved from the employment of solicitors in each local authority; and if he will make a statement on the matter. [1025/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information sought in the Question is not available in my Department. The provision or procurement of legal services is the responsibility of individual local authorities. Local authorities employ a variety of approaches in relation to obtaining legal services. Some local authorities employ legal professionals who are recruited in accordance with public sector recruitment rules. Other local authorities retain the services of a solicitor. Decisions in this context are a matter for individual local authorities having regard to their own circumstances and the appropriate public procurement procedures.

Water Services. 863. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government when he will publish the Water Services Investment Programme 2010 to 2012; and if he will make a statement on the matter. [1034/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Local authorities were asked in July 2009 to submit their assessment of needs for water services infrastructure to my Department by 23 October 2009. These assessments, which are currently under examination in my Department, will form a key input to the development of the 2010

451 Questions — 19 January 2010. Written Answers

[Deputy John Gormley.] to 2012 Water Services Investment Programme, which will be published as soon as possible in 2010.

Water and Sewerage Schemes. 864. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government if he has concluded the examination of Waterford County Council’s revised preliminary report for the Faithlegg water supply scheme; and if he will make a statement on the matter. [1036/10]

889. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the position regarding the new public water supply scheme for the Ring Gaeltacht, County Waterford; and if he will make a statement on the matter. [1611/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 864 and 889 together. The Faithlegg and Ring/Helvic Water Supply Schemes were included in my Department’s Water Services Investment Programme 2007 — 2009. Planning phases of these schemes have progressed during this period, and a revised Preliminary Report for the Faithlegg scheme and a Preliminary Report for the Ring/Helvic Scheme are under examination in my Department. The decisions on the preliminary reports for these schemes will be conveyed to the Council as soon as possible in the light of the finalisation of the Water Services Investment Programme for 2010 to 2012. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. My Department is currently considering these assessments, which form a key input to the development of the 2010 to 2012 Water Services Investment Programme. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years based on key environmental and economic criteria. It is anticipated that the Water Services Investment Programme 2010 to 2012 will be published early this year.

Road Safety. 865. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government the amount of money that has been spent on salt importation in December 2009 and January 2010 on a county basis; and if he will make a statement on the matter. [1041/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The cost of salt importation is a matter for the individual local authorities concerned and the National Roads Authority under the aegis of the Minister for Transport

Environmental Policy. 866. Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the amount he expects to spend on carbon credits for 2009 and 2010; his views on whether it is appropriate to support the purchase of carbon credits at a time when public transport operators have been forced to cut their services due to reduced funding; his further views on whether money would be better utilised in establishing a world class public transport system which would encourage persons to reduce their use of the private car rather than purchasing carbon credits; and if he will make a statement on the matter. [1061/10]

452 Questions — 19 January 2010. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the Carbon Fund Act 2007, the National Treasury Management Agency has been designated as purchasing agent for the State. In 2009, the Agency spent some €23.9m exclusive of VAT from the Carbon Fund in connection with the purchase of carbon credits. This sum will be refunded from my Department’s Vote in 2010. It is expected that the National Treasury Management will spend some €4.5m in 2010. In Ireland’s case, use of the Kyoto Protocol flexible mechanisms for the purchase of carbon credits on the international market supplements rather than substitutes for national measures to reduce emissions. The objective of the purchasing programme is to ensure compliance with Ireland’s legally-binding obligations in the relatively short commitment period under the Kyoto Protocol. The renewed Programme for Government emphasised the importance of investment in public transport and in incentivising the behavioural change that will deliver a more sustainable transport future for all of us. This emphasis can be seen very clearly in this year’s budget, under which key public transport projects are being continued, to ensure enhancement of rail services, particularly to support commuters, and to give increased priority to buses in Dublin and other cities. The Government also recently published a new transport policy, Smarter Travel: A Sus- tainable Transport Future. It sets out a clear path towards significantly reducing emissions in the transport sector by 2020. Smarter Travel will promote a more sustainable transport system that encourages more active modes of travel, improving local towns and community space, reducing congestion, and delivering significant health benefits. I hope that these steps to develop and promote our public transport system will, inter alia, contribute to reducing the use of purchased carbon units for compliance purposes in the post- Kyoto period.

Animal Welfare. 867. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if he had a meeting with animal welfare activists in his Department in the weeks leading up to the vote on the Lisbon treaty, as reported in the media; the date of that meeting; the groups with whom he met; the persons who represented those groups; the purpose of that meeting; the person who initiated the meeting; and if he has met shooting or hunting organisations during his term in office. [1098/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I met representatives of the Alliance for Animal Rights on 30 June, 2009 at their request to discuss a number of issues with regard to my responsibilities under the Wildlife Acts. I also met members of my Party’s animal welfare policy group on 28 September, 2009 in the context of the review of the Programme for Government. Neither meeting was related to the Lisbon Treaty. While I have not had the opportunity to meet with shooting or hunting bodies to date, my Department has regular meetings with various shooting and hunting bodies in relation to the implementation of the relevant provisions of the Wildlife Acts and wildlife issues in general.

Foreshore Licences. 868. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the process involved in the consideration of a foreshore licence application by his Department, from the receipt of the application by his Department to the issuing of the final decision to the applicant; and if he will make a statement on the matter. [1118/10]

453 Questions — 19 January 2010. Written Answers

• all foreshore energy-related developments (including oil, gas, wind, wave and tidal energy);

• aggregate and mineral extraction developments on the foreshore;

• foreshore projects in respect of port companies and harbour authorities governed by the Harbours Acts, 1946, 1996, and 2000, and foreshore projects in respect of any other harbour and harbour-related developments intended for commercial trade;

• all other foreshore projects, other than those relating to aquaculture and sea fisheries.

Further information is available on my Department’s website at www.environ.ie/en/foreshore. In accordance with the Foreshore Acts, a lease or licence can only be issued if it is in the public interest. At present, the processing of a foreshore application includes the following: assessment of the application by the Department’s internal technical advisors and, where necessary, the Marine Licence Vetting Committee which advises on scientific matters; consultation with statutory and non-statutory consultees, including relevant Departments and Agencies; a period of public consultation, normally 21 days;valuation of the site to be occupied by the applicant; other public interest elements that may arise in particular cases; obtaining necessary legal advice and Department of Finance sanction where appropriate. Work is underway in my Department to modernise the foreshore regime with the aim of further integrating the foreshore consent process with the planning processes under the Plan- ning Acts.

River Basin Management. 869. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government when he will be implementing and funding the river basin management plan for the River Shannon, which he signed off on in October 2009; and if he will make a statement on the matter. [1136/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The making of a river basin management plan is a function reserved to local authorities and the process of finalising plans, including that for the Shannon International River Basin District, will be completed in the coming months. A National Advisory Committee has been established to coordinate this work across each of the Districts and to oversee the subsequent implementation of the plans. Limerick County Council is the coordinating authority in relation to the Shannon Inter- national River Basin District. This project has been funded by my Department and to date in excess of €8 million has been granted to the Shannon RBD. The plans will specify the environmental objectives to be achieved in relation to water-bodies and the measures to be implemented in order to achieve these objectives. The programmes of measures must be operational by the end of 2012.

Planning Issues. 870. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government his plans to bring forward legislation in relation to stalled developments and

454 Questions — 19 January 2010. Written Answers unfinished housing estates across the midlands; if he will establish a taskforce with midlands counties in view of the fact that there are problems with many unfinished and ghost estates; and if he will make a statement on the matter. [1137/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The developer of a residential estate is statutorily required to complete a development in accordance with the terms of the planning permission. A development which has not been completed in accordance with the planning permission is unauthorised development. Enforce- ment of planning control is a matter for the planning authority, which can take action where a development requiring planning permission has not obtained this permission, or where permission has not been complied with. The Planning and Development Act 2000 gave new powers to, and imposed new duties on, planning authorities in relation to unauthorised development, providing for a strengthened enforcement regime and substantial penalties. Moreover, the Planning Act contains other relevant provisions in relation to the completion of housing estates, including the facility to attach a condition to a planning permission, requiring the giving of adequate security for the satisfactory completion of a development. Legislative provisions provided for in the National Asset Management Agency Act 2009 enable planning authorities to extend a planning permission for up to a further five years where substantial works have been carried out pursuant to the permission and the development will be completed within a reasonable time or where commercial, economic or technical considerations militated against commencement of development or substantial works being undertaken. These new provisions will be reflected in the Planning and Development (Amendment) Bill 2009 which will also provide that, in cases where planning authorities are extending planning permissions, they may impose new conditions in relation to bonds being given by the developer. Accordingly, it is clear that planning authorities have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.

Local Authority Housing. 871. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment when he expects a decision to be made on a project (details supplied) in County Clare; and if he will make a statement on the matter. [1150/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The project concerned is being considered in the context of the programme of projects to be approved under my Department’s funding schemes for voluntary and co-operative housing in 2010, details of which I intend to announce shortly.

Emergency Planning. 872. Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government whether an agency declared the current spell of extreme weather to be a major emergency in view of the definition of a major emergency and the disruption and curtailment of services including the failure to grit and salt roads here; and if he will make a statement on the matter. [1156/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): While a major emergency was not declared during the recent severe weather event, the Frame- work for Major Emergency Management and the major emergency plans prepared under it

455 Questions — 19 January 2010. Written Answers

[Deputy John Gormley.] include arrangements for co-ordination of interagency responses to be used by the principal response agencies whether or not a major emergency is declared. Local authorities used the Framework’s co-ordination of interagency arrangements during the severe weather period to co-ordinate responses with the other principal response agencies, the Defence Forces and other statutory and voluntary agencies.

Departmental Expenditure. 873. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the savings outlined in the report of the special group on public numbers and expenditure programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1256/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Expenditure provisions for 2010 for my Department are set out in the Estimates Volume published by the Minister for Finance as part of Budget 2010. These provisions have been determined in the context of the overall provision for public services, reflect the need to reduce public spending and, as indicated by the Minister for Finance in his Financial Statement on 9 December 2009, have been guided by the Report of the Special Group on Public Service Numbers and Expenditure Programmes. My Department, local authorities and related agencies will work to maximise outputs from the 2010 provisions through prioritisation, increased efficiency and lower procurement costs generally. Recommendations in the Report relating to my Department are reflected in, inter alia, savings in administrative costs arising from reductions in public service numbers and pay; the Exchequer contribution to the Local Government Fund (€367 million compared to the 2009 estimate of €417 million, in the context of wider developments relating to local government finance); and policy developments concerning charging for treated water use and more extensive use of leasing to ensure overall housing output is maintained at the highest level possible. I have also announced details of the work of the Local Government Efficiency Review Group which, consistent with the approach in the Report, will look at the cost base and expenditure of, and numbers employed in, local authorities.

Local Authority Housing. 874. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if local authorities have discretion to reach individual arrangements with persons by, for example, extending payment terms or accepting interest only payments for a certain period in the event of a person’s financial circumstances having changed due to loss of employment or reduction in income. [1343/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Provisions regarding lending by local authorities for the purposes of house purchase are set out under section 11 of the Housing (Miscellaneous Provisions) Act 1992. Where a loan stands in default, section 11(10) provides that a local authority may make such monetary arrangements with a borrower as they consider equitable to take account of the particular circumstances of the borrower.

Departmental Expenditure. 875. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local

456 Questions — 19 January 2010. Written Answers

Government the specific costs, including signage, brochures, launches, consultations, advertise- ments, public relations, and so on incurred by the promotion of gateway status for each of the gateway and hub towns here as per the national spatial strategy; the financial benefits that each of these hubs and gateways accrued resultantly; and if he will make a statement on the matter. [1386/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Since 2000, Exchequer funding in excess of €1.3 million has been provided for: research in the preparation and ongoing implementation of the National Spatial Strategy (NSS); publication and launch of the NSS in November 2002; and public awareness, as well as other resources allocated to the development of associated measures such as the Atlantic Gateways Initiative and Regional Planning Guidelines. It is not possible to disaggregate these costs on the basis of each gateway and hub. Expendi- ture by the relevant gateway and hub local authorities to date arising from work associated with their gateway or hub status, or information on financial benefits which may have accrued to each gateway or hub as a result of their NSS designation, is not collected by my Department and would be a matter for each relevant authority. It is clear, however, that the gateways and hubs are generally benefiting substantially from their NSS designation. For example, investment priorities identified under the National Development Plan 2007-2013 and Transport 21 have been aligned with the NSS, and sectoral capital programmes are required under the NDP Monitoring Programme to demonstrate alignment with the regional development objectives and principles outlined in the Strategy. Further- more, specific planning initiatives such as the Atlantic Gateways Corridor Frameworks and the Letterkenny — Derry North-West Gateway Initiative are helping to prioritise investment in and between the associated gateway centres. Collectively, these measures have directed significant infrastructure and enabling investment to the gateways and hubs.

Environmental Policy. 876. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to achieve European targets in respect of carbon emission reduction; if he will report on the Copenhagen Conference; and if he will make a statement on the matter. [1401/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In the period 2008-2012, Ireland will meet its target for the purposes of the Kyoto Protocol through a series of national measures to reduce greenhouse gas emissions, supplemented as necessary by the purchase of carbon units on the international market. Government policy in this regard is set out in the National Climate Change Strategy 2007-2013. Since 2007, the Government has introduced a number of measures, including the carbon levy, aimed at reducing domestic emissions across the economy. In addition to ensuring compliance with Kyoto Protocol obligations, these measures constitute important preparations for more stringent emission reduction requirements in the post-2012 period, initially to 2020 but ultimately to 2050. The planned Climate Change Bill 2010, the Heads of which I intend to publish before the end of the first quarter of 2010, will provide a statutory framework for the core longer-term national priority of addressing climate change in the context of transition to a sustainable, low carbon economy. The 2009 UN Climate Change Conference (the Copenhagen Summit) took place from 7 to 18 December. An international framework for climate change mitigation in the period beyond 2012 was the primary objective for the Summit, and the EU sought a global, ambitious, compre-

457 Questions — 19 January 2010. Written Answers

[Deputy John Gormley.] hensive and legally-binding treaty to succeed the Kyoto Protocol when its five-year commitment period ends on 31 December 2012. While the Copenhagen Accord falls short of EU expectations in a number of respects, there are important positive elements, including recognition of the scientific advice on the need to limit the increase in global temperature to within 2C of pre-industrial levels. Other positive elements include a commitment to providing financial support for developing countries, including a fast-start mechanism; the requirement for nationally appropriate mitigation actions by developing countries to be measurable, reportable and verifiable; the establishment of a mechanism to support action against deforestation and forest degradation in developing countries. The final outcome of the Copenhagen Summit will not be known until Parties confirm their commitments for the purposes of Appendix I and II to the Accord. The EU is currently considering its greenhouse gas emissions reduction pledge for the purposes of Appendix I. The level of actions to which Parties commit themselves will determine the final outcome of the Copenhagen conference and provide the background for preparations for the 16th Conference of the Parties in Cancun, Mexico in November 2009.

Turbary Rights. 877. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if turf cutting is now prohibited on the 32 designated bogs on which the derogation has lapsed; and if he will make a statement on the matter. [1406/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The ten year derogation on turf cutting on the 32 Raised Bog SACs that were notified for designation in 1999 has now expired. In the coming weeks, I expect to receive a report, and recommendations for managing the cessation, from the Working Group on the Cessation of Turf Cutting in Designated Areas, and I will conclude my consideration of these as rapidly as possible.

Planning Issues. 878. Deputy George Lee asked the Minister for the Environment, Heritage and Local Government if planning permission would have been required to build a housing estate on land in South Dublin in 1961; and if he will make a statement on the matter. [1425/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The national system of planning control in Ireland began with the commencement of the Local Government (Planning and Development) Act 1963 on 1 October 1964 when a general obligation to obtain planning permission was introduced. Prior to this, the planning legislation in operation was the Town and Regional Planning Act 1934, as amended. Under this legislation, local authorities were permitted to adopt a planning scheme for their area. Where a planning scheme applied, developers were required to obtain permission for developments as specified in the scheme. The requirement for such a scheme was not obligatory and only Dublin Corporation participated in the process.

879. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [1470/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department’s Development Management Guidelines for Planning Authorities, published in June 2007 and available on my Department’s website at www.environ.ie, advise that potential

458 Questions — 19 January 2010. Written Answers applicants should be made aware at pre-application stage of the necessity to ensure that the design implications of accessibility are addressed in housing and commercial development. The Guidelines further state that planning authorities should also consider whether it is necessary to add specific conditions to ensure access for all in the approach to buildings from the main road, from the street or from disabled car parking. The Guidelines also refer to the National Disability Authority’s 2002 publication, Building for Everyone, which offers good practice on the accessibility issue and suggest that consultation with organisations representative of people with disabilities may also be of assistance. The statutory Development Management Guidelines were issued under Section 28 of the Planning and Development Act 2000 and planning authorities and An Bord Pleanála are obliged to have regard to them in the performance of their planning functions.

Emergency Planning. 880. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment if he will instruct local authorities to upgrade their emergency plans in view of the recent adverse weather; and if he will make a statement on the matter. [1483/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): All local authority major emergency plans are based on A Framework for Major Emergency Management and became operative on 30 September 2008. The Framework and the plans detail a co-ordination structure that enables the Principal Response Agencies (Local Authorities, An Garda Síochána and the HSE) to work together and to integrate with other services including the Defence Forces and voluntary organisations. These co-ordination structures can be used whether a major emergency is declared or not. Each authority undertook an appraisal of its preparedness in the period up to 31 December 2008 to ensure that the key preparedness steps of the Framework have been implemented. The appraisals were reviewed by the Department and the level of preparedness among the authorities as set out in the Framework was confirmed. A review of the operation during the recent flooding and severe weather events will be undertaken with a view to assessing the performance of the inter-agency arrangements and to ascertain if any revision of the major emergency plans is necessary.

Question No. 881 answered with Question No. 842.

Seanad Reform. 882. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if his report on Seanad reform has been finalised; his plans to publish legislation on Seanad reform; and if he will make a statement on the matter. [1497/10]

901. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if he has finalised his report on Seanad reform; when he plans to publish legislation on Seanad reform; and if he will make a statement on the matter. [1928/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 882 and 901 together. The final meeting of the All-Party Group on Seanad Reform was held on Wednesday 4 November 2009; the aim of the Group was to establish the extent of cross-party agreement on the reform of the Upper House. I intend to report to Government shortly on the outcome of the Group’s discussions.

459 Questions — 19 January 2010. Written Answers

Ethics in Public Office. 883. Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1510/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the Ethics in Public Office Acts, 1995 and 2001, I have furnished a statement of registerable interests to the Standards in Public Office Commission each year. I have not received gifts over the value of €650 in the period referred to, and I fully comply with the Ethics Acts and Government guidelines in this area. From time to time, and in accordance with normal practice, I have received small gifts of little monetary value but no record is kept of these gifts.

Local Authority Schemes. 884. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he will review the arrangements which compel persons who purchase a home from their local authority under the affordable housing scheme to purchase mortgage protection insurance from the local authority, often at a more expensive rate than is available elsewhere. [1520/10]

885. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he is satisfied that the mortgage protection scheme provided by local authorities, which is mandatory on persons who purchase a home under the affordable housing scheme, is operated in a fair manner; if he will review the tendering process which awards the contract for the protection scheme to one company in view of the fact that many consumers could find more competitive rates elsewhere if they were permitted. [1521/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 884 and 885 together. The local authority mortgage protection insurance scheme is overseen by the Mortgage Pro- tection Committee which is a sub-committee of the County and City Managers association (CCMA) and is representative of the CCMA, local authorities, the Housing Finance Agency and my Department. Participation in the mortgage protection insurance scheme is compulsory for local authority house purchase loans for social and affordable housing. In terms of comparison to other schemes of mortgage protection, it is important to note that it covers disability as well as death. The Mortgage Protection Committee which oversees the scheme endeavours to achieve a balance between the most economic rate to be charged for the scheme and the benefits provided. The Mortgage Protection Committee held a tender competition in 2008 which resulted in the introduction of a new scheme as of 1 January 2009. This new scheme contains a number of significant new benefits, including incorporation of the rental portion of shared ownership, as well as a lower premium for borrowers. The operation of the scheme is monitored closely on an ongoing basis by the Committee.

Local Authority Schemes. 886. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that Monaghan County Council previously informed mortgage holders that they were permitted to seek alternative mortgage

460 Questions — 19 January 2010. Written Answers protection cover at more competitive rates, and that this permission has since been revoked; if he is satisfied with the manner in which this was handled by the local authority; and if he will make an order allowing these families to revert to the cheaper policy. [1522/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I understand that the error involved came to light when the revised Mortgage Protection Insurance scheme was introduced on 1 January 2009. At that time, 15 borrowers were identified as having received incorrect information from Monaghan County Council and were now outside the insurance scheme. The Council informed the borrowers concerned and these borrowers have now been given the option of rejoining the scheme, thereby enjoying the fuller range of benefits that it confers. Those who opted as a result of the administrative error to take on alternative cover and who wish now to remain outside the scheme must obtain mortgage protection insurance and their insurer must notify Monaghan County Council on an annual basis that adequate cover is in place.

Waste Management. 887. Deputy Darragh O’Brien asked the Minister for the Environment, Heritage and Local Government if he will confirm that there is to be an increase in the landfill levy from February 2010 to €30 per tonne, under the Waste Management (Landfill Levy) Amendment Regulations 2009, which follows an increase to €25 per tonne from January 2010 (S.I. No. 550 of 2009); if he envisages any further increases to the landfill levy in the calendar year 2010; and if he will make a statement on the matter. [1529/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The landfill levy was increased from €20 per tonne to €25 per tonne with effect from 31 December 2009. I intend to increase the landfill levy by a further €5 per tonne with effect from the 1 of February 2010. This will bring the levy to €30 per tonne and will further assist in addressing the race to the bottom in landfill gate fees which currently acts as a barrier to achieving the challenging diversion targets set out in the Landfill Directive. I do not anticipate any further increases in 2010. Under existing legislation it is only possible to increase the landfill levy by a maximum of €5 per tonne in each financial year. This does not allow sufficient flexibility to set the levy at a rate appropriate to support compliance with the Landfill Directive targets. Therefore, I have already announced that I will be introducing new legislation on waste levies this year with the intention of increasing the landfill levy to €50 per tonne in 2011 and to €75 per tonne in 2012. These increases will help Ireland achieve the far more demanding targets set under the Landfill Directive for 2013 and 2016.

Local Authority Charges. 888. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the amount of money collected nationally in 2009 under the non-principal private residence charge; and the amount received by Cork City Council and Cork County Council. [1601/10]

902. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 291 of 16 December 2009, the net amount which will accrue to each respective local authority as a result of the introduction of the €200 on non-principal residences in 2009 to date in 2010; and if he will make a statement on the matter. [1930/10]

461 Questions — 19 January 2010. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 888 and 902 together. The amounts collected as at 31 December 2009 under the non-principal private residence charge are outlined at Table A. The amounts collected and the net amounts due to each local authority as at 15 January 2010 are detailed in Table B. The net figures incorporate a reduction of approximately 1% on average to cover administration and transaction charges.

Table A: NPPR Totals — as at 31 December 2009

€

Dublin City Council 10,278,580 Cork County Council 4,573,680 Fingal County Council 2,805,920 Kerry County Council 2,709,900 Dun Laoghaire Rathdown County Council 2,535,760 Donegal County Council 2,296,760 Wexford County Council 2,320,280 South Dublin County Council 2,063,140 Cork City Council 2,098,180 Galway City Council 1,880,840 Galway County Council 1,812,860 Clare County Council 1,750,960 Kildare County Council 1,708,660 Mayo County Council 1,714,400 Wicklow County Council 1,320,840 Limerick County Council 1,264,560 Limerick City Council 1,156,320 Meath County Council 1,152,980 Louth County Council 1,005,200 Sligo County Council 936,300 Westmeath County Council 865,240 Waterford City Council 808,040 South Tipperary County Council 776,300 Waterford County Council 704,040 Kilkenny County Council 707,840 Roscommon County Council 671,880 Cavan County Council 631,200 North Tipperary County Council 588,220 Laois County Council 570,180 Carlow County Council 530,720 Offaly County Council 504,120 Leitrim County Council 510,780 Longford County Council 430,880 Monaghan County Council 383,280

Total 56,068,840

462 Questions — 19 January 2010. Written Answers

Table B: NPPR Totals — to 15 January 2010

Total received Net amount due to local authority

€€

Dublin City Council 10,636,080 10,541,338 Cork County Council 4,778,840 4,727,778 Fingal County Council 2,864,060 2,832,864 Kerry County Council 2,749,420 2,727,583 Dun Laoghaire Rathdown County Council 2,628,520 2,600,155 Donegal County Council 2,420,920 2,390,497 Wexford County Council 2,349,600 2,327,046 Cork City Council 2,220,460 2,200,709 South Dublin County Council 2,116,460 2,092,520 Galway City Council 1,972,240 1,952,720 Galway County Council 1,883,120 1,867,284 Clare County Council 1,788,500 1,773,944 Kildare County Council 1,775,980 1,756,650 Mayo County Council 1,774,940 1,752,606 Wicklow County Council 1,342,340 1,330,382 Limerick County Council 1,286,580 1,272,693 Meath County Council 1,221,580 1,206,603 Limerick City Council 1,183,420 1,173,320 Louth County Council 1,040,460 1,027,901 Sligo County Council 1,000,880 987,845 Westmeath County Council 912,480 901,166 Waterford City Council 853,040 842,395 South Tipperary County Council 816,540 806,602 Waterford County Council 736,240 725,798 Roscommon County Council 733,420 723,558 Kilkenny County Council 727,000 716,243 Cavan County Council 677,680 668,478 North Tipperary County Council 604,700 595,373 Laois County Council 579,120 572,794 Carlow County Council 569,120 560,277 Leitrim County Council 529,980 521,462 Offaly County Council 515,680 507,403 Longford County Council 475,660 468,729 Monaghan County Council 399,360 392,570

Total 58,164,420 57,545,286

Question No. 889 answered with Question No. 864.

Natural Heritage Areas. 890. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 286 of 17 December 2009, the number of hectares in each county that are designated candidate special areas of conservation, candidate national heritage areas and candidate special protection areas. [1615/10] 463 Questions — 19 January 2010. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Table supplied in reply to Question No. 286 of 17 December 2009 provides the correct position with regard to candidate Special Areas of Conservation, Natural Heritage Areas and Special Protection Areas. The term “candidate” does not apply to the designation process for Natural Heritage Areas under the Wildlife Acts, or to the designation process for Special Protection Areas under the Birds Directive. The term “candidate SAC” is an informal term describing SACs that are included in a list of sites adopted by the European Commission further to Article 4 of the Habitats Directive, but have not yet been formally designated through Statutory Instrument. This is the current status of all our SACs. The legal protection afforded to candidate SACs is identical to that which will be afforded to SACs and, as a result, the terms have become interchangeable in common usage.

891. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 286 of 17 December 2009, the number of hectares of marine area that are designated special areas of conservation, natural heritage areas and special protection areas in each county. [1616/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested is being compiled and will be forwarded to the Deputy as soon as possible.

Local Authority Charges. 892. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the non principal private residence charge imposes a significant financial demand on an organisation (details supplied); if he will consider revisiting the legislation with this in mind; if he will provide this organisation with a dispensation; and if he will make a statement on the matter. [1625/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Local Government (Charges) Act 2009, which sets out the detail of the €200 charge on non-principal private residences, is structured with a starting position of a universal liability for residential property in respect of the charge. It goes on to exempt certain buildings and owners from this liability, the most important exemption being where a property is occupied by the owner as his or her sole or main residence on the liability date. Where a property is not occupied by the owner, it falls liable for the levy, even if it is the only property that person owns. A person does not have to own a property for it to be his or her sole or main residence. If a person spends the most part of his or her time in a house provided by his or her employer, then that becomes his or her main residence, and that person would become liable for the charge on the property he or she owns. Subject to the exemptions outlined in the Act, the charge applies equally to everybody who owns a residential property which is not their sole or main residence. However, in relation to certain other residential properties, it should be noted that the Act exempts from the charge property of which the owner is a trust or body corporate approved as an eligible charity in accordance with Part 3 of Schedule 26A of the Taxes Consolidation Act 1997.

464 Questions — 19 January 2010. Written Answers

Motor Vehicle Registration. 893. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government the trade plates that are not accepted in Northern Ireland; his view on whether the €260 fine plus clamping is contrary to the aims and objectives of the Good Friday Agree- ment; and if he will make a statement on the matter. [1821/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 207 on 5 February, 2009. The law relating to trade plates, for which my Department has responsibility, is provided in section 21 of the Finance (No.2) Act 1992 and the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regu- lations 1992. Trade plates can be used by garages in very limited circumstances in respect of vehicles on which a licence (motor tax) has not been taken out. Trade plates are not vehicle licences and their use is not recognised outside the State.

Local Authority Staff. 894. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the number and location of full-time and retained fire fighting units in 2008 and 2009; and if he will make a statement on the matter. [1829/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 354 of 8 December 2009. The position is unchanged.

Housing Grants. 895. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the amount allocated to local authorities under the national retrofit programme in 2009; the amount of the budget that was spent; the amount allocated to the scheme for 2010; if the allocation includes unspent funds from the 2009 allocation; and if he will make a statement on the matter. [1836/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): As part of a national energy efficiency programme, a new retrofitting initiative was announced in May 2009 to facilitate local authorities in improving the energy efficiency of authority owned apartment complexes and vacant dwellings. Each local authority was provided with an allocation proportional to the number of vacant stock in the area from a national fund of some €20 million, and was requested to provide an energy efficiency plan for the year. Funding was provided on a co-funded grant per unit basis to a maximum of €15,000 or 75% of the total cost of the works, whichever is the lesser, and included a broad range of works from insulation and air tightness remediation to replacement of windows, doors and boilers. Under the initiative, my Department approved energy efficiency improvement works to some 1,155 units across the country with a view to achieving an average rating of C1 in remediated dwellings. Given the requirement to finalise allocations, prepare energy efficiency plans and complete procurement, substantive work under the initiative only commenced in the second half of the year and, accordingly, local authorities envisaged some carryover of activity into 2010. At end-2009, my Department had recouped almost €11 million to local authorities under the initiative.

465 Questions — 19 January 2010. Written Answers

[Deputy Michael Finneran.]

The annual provision for the retrofitting initiative has increased significantly this year, with some €40 million available. Authorities will be informed of their provisional allocations for 2010 in the coming weeks. In parallel with this retrofitting initiative, my Department is also supporting a number of demonstration projects for the retrofitting of energy efficiency improvements to existing local authority dwellings, with a view to building up the expertise and experience of local authorities in delivering better energy returns in their stock. To that end, the Department will continue to support projects at Glover Court in Dublin City, Georgian buildings in Limerick City and Sun View flats in Cork City, with funding of €5m available in 2010. The former two projects are at an advanced stage of planning and design, while works have already commenced on the Sun View flats project.

Water and Sewerage Schemes. 896. Deputy Simon Coveney asked the Minister for the Environment, Heritage and Local Government the details of the proposed scheme for inspection of domestic septic tanks; when the scheme is expected will be operational; and if he will make a statement on the matter. [1872/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The renewed Programme for Government includes a commitment to introduce a scheme for the licensing and inspection of septic tanks and other on-site wastewater treatment systems. In October 2009, the European Court of Justice (ECJ) found that Ireland has failed to enact adequate legislation to deal with domestic wastewater from septic tanks and other on-site wastewater treatment systems. My Department is chairing a task force to consider how the inspection of septic tanks should be carried out and I intend undertaking consultations with stakeholders on the matter. In order to comply with the ECJ ruling, legislation will be required to give effect to the new inspection system. At this stage, while compliance with the ruling is a priority, it is too early to indicate when the new arrangements will be operational.

Environmental Policy. 897. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when consent and advice will be given by his Department in order that works will proceed at a location (details supplied) in County Mayo; and if he will make a statement on the matter. [1894/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department has a number of concerns with certain elements of the proposed works in the area in question as they impact on habitats and species. Accordingly, my Department will arrange to meet with the OPW to discuss their proposals.

Planning Issues. 898. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he has technical information to back up his wide ranging assertions and recent statements affecting housing developments at various locations here to the effect that bad planning or zoning decisions were responsible for the flooding; if he is suggesting that devel-

466 Questions — 19 January 2010. Written Answers opments including those in his own constituency that have been the subject of flooding over the past 20 years are as a result of improper procedures; and if he will make a statement on the matter. [1919/10]

910. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will acknowledge the damage done by his public comments (details supplied) relating to the development of Sallins in County Kildare; if his attention has been drawn to the offence caused to the several hundred homeowners whose property values and insurance costs and their ability to obtain insurance was negatively affected by his comments; if his further attention has been drawn to the existence of the obstruction that caused the flooding in this estate and that the flooding subsided immediately after remedial action was taken and that a permanent resolution is now being effected; if he will withdraw his comments and apologise to the residents in question; and if he will make a statement on the matter. [2201/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions No. 898 and 910 together. The Guidelines for Planning Authorities on the Planning System and Flood Risk Manage- ment which I published in November 2009 are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk identification, assessment and management within the planning system. These guidelines provide, inter alia, that development in areas at risk of flooding, particularly floodplains, should be avoided unless there are wider sustainability grounds that justify appropriate development and where the risk can be reduced or managed to an acceptable level. It is likely that some lands will have been zoned for development in existing or previous plans without the benefit of a detailed flood risk assessment in accordance with these guidelines and in the absence of detailed flood risk mapping which is now being carried out by the Office of Public Works. Where a review of a development or local area plan shows that there may be a flood risk on certain zoned lands, such zonings must be reconsidered. The Guidelines define a floodplain as any low-lying area of land next to a river or stream, which is susceptible to partial or complete inundation by water during a flood event. While strict application of this definition to the land on which the Waterways Estate in Sallins was built may be a matter of interpretation, a development that otherwise complied with proper planning and sustainable development was inundated by water following unprecedented recent rainfall. I understand that in conjunction with Irish Rail, Waterways Ireland and the Office of the Public Works, Kildare County Council has identified the scope of remedial works necessary to minimise the likelihood of recurrence of flooding in this area; these works have now commenced.

River Basin Management. 899. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that all rivers, streams and watercourses left to their own devices will over years require cleaning, de-silting or general maintenance as this has been proven throughout the midlands with particular reference to the Bog of Allen; if his further attention has been drawn to the fact that his Department, the local authorities and the Office of Public Works have previously cooperated in such de-silting and maintenance activity; his views on the frustration and annoyance caused by his comments to the effect that de-silting would not positively impact on areas in the Shannon Estuary; if he will undertake a

467 Questions — 19 January 2010. Written Answers

[Deputy Bernard J. Durkan.] reappraisal of drainage requirements throughout the country with a view to addressing these issues; and if he will make a statement on the matter. [1920/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Flood risk management is a complex undertaking and desilting of rivers is only one of many measures that may be used to manage risk. Desilting in one location may have adverse consequences elsewhere in the catchment. Primary responsibility for flood risk management rests with the Office of Public Works, which has the lead agency role in relation to devising and implementing measures, including flood relief schemes, to deal with flooding in Ireland. It is national flood policy that flood risk be managed in a catchment-based manner through a framework of Catchment Flood Risk Management Plans (CFRMPs). In response to this policy, the OPW has developed and is currently pilot testing a method to meet these and other requirements through Catchment Flood Risk Assessment and Management Studies (CFRAM Studies). I understand that OPW is nearing completion of the Pilot CFRAM Studies for the Lee and Dodder catchments and is in the process of procuring consultancy services for the national CFRAM implementation programme, which will include the Shannon. It is expected that all contracts will be commissioned this year to enable timely delivery on requirements under the EU ‘Floods’ Directive. In relation to the Bog of Allen, the extraction and processing of peat is an activity controlled directly by the EPA through Integrated Pollution Prevention and Control (IPPC) licensing. The most recent EPA report on environmental enforcement shows that the level of compliance for the peat sub-sector over the period 2006-2008 was generally satisfactory.

Housing Grants. 900. Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government the legislative framework to give effect to the incremental purchase scheme that was provided in the Housing (Miscellaneous Provisions) Act 2009; when the IPS scheme will be available in Dublin City Council; and if he will make a statement on the matter. [1923/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Part 3 of the Housing (Miscellaneous Provisions) Act 2009, which provides the legal framework for the introduction of the Incremental Purchase Scheme, has been commenced and came into effect on 1 January 2010. The Part was commenced in order to allow incremental purchase arrangements to be applied to new housing units being supplied by housing authorities. Notwithstanding this, regulations are required to give full effect to the detailed terms of the scheme. These regulations are being drafted by my Department with the intention that the scheme be rolled out to housing authorities by mid-2010.

Question No. 901 answered with Question No. 882.

Question No. 902 answered with Question No. 888.

Water Charges. 903. Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government his plans to reintroduce household water charges; and the timescale envisaged. [1937/10]

468 Questions — 19 January 2010. Written Answers

904. Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government his plans to have water meters installed in all homes here; the way he will implement this; the estimated cost; they way it will be paid; and the timescale envisaged. [1938/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 903 and 904 together. As indicated in the reply to Questions Nos. 283, 287, 288 and 302 to 304, inclusive, of 17 December 2009, the renewed Programme for Government contains a commitment to introduce charges for domestic water use in a way that is fair, significantly reduces waste and is easily applied. I will bring forward detailed proposals to Government shortly on the approach to metering of households on public supplies, including proposals on the financing and delivery of the metering programme. Legislation will also be drafted to provide local authorities with powers to charge for domestic water use. Following the installation of water meters, which will be phased in over a number of years, households will be charged for water services based on usage.

Departmental Staff. 905. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the number of whole time equivalents serving in his Department in the grades of secretary general, deputy secretary general, assistant secretary general, higher principal officer, principal officer, higher assistant principal officer, assistant principal officer, higher executive officer, executive officer, staff officer and clerical officer on 1 January 1998, 1 January 2007 and the latest date for which figures are available. [1952/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Human Resource Management System (HRMS) for the Civil Service was introduced in 2002. Information in respect of 31 January 2002, which is the first HRMS data available, is included in the following table along with the information requested for 2007 and 2010.

Grade Title 31 January 2002 1 January 2007 1 January 2010 (FTE) (FTE) (FTE)

Secretary General 1.00 1.00 1.00 Deputy Secretary General 0.00 0.00 0.00 Assistant Secretary General 6.00 6.00 5.00 Principal Officer (Higher) 10.00 8.00 8.00 Principal Officer 26.00 29.80 24.00 Assistant Principal Officer (Higher) 16.00 14.83 19.40 Assistant Principal Officer 75.00 92.43 76.03 Higher Executive Officer 97.00 131.23 136.43 Executive Officer 145.50 168.93 144.20 Staff Officer 18.50 23.93 12.73 Clerical Officer 232.00 211.71 140.57

Total 627.00 687.86 567.36

Planning Issues. 906. Deputy Tom Sheahan asked the Minister for the Environment, Heritage and Local Government if he will limit the number of planning applications on a site (details supplied) in County Kerry to four applications; and if he will make a statement on the matter. [2020/10] 469 Questions — 19 January 2010. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): It is a basic principle of the planning system that it should be open to a person to submit a planning application. There are no proposals to amend planning legislation to restrict the number of planning applications that can be made on a site.

Water Services. 907. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the amount allocated to each local authority in the 2007 to 2009 Water Services Investment Programme for watermains rehabilitation; the amount distributed to each local authority; the amount earmarked for watermains rehabilitation in the 2010 to 2012 Water Services Investment Programme; and if he will make a statement on the matter. [2043/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Details of all major water services schemes included for funding by my Department, along with the water conservation allocations for each local authority, are set out in the Water Services Investment Programme 2007–09, which is available in the Oireachtas Library. Additional information about the progress on individual contracts or water conservation works, including mains rehabilitation projects, under this programme may be obtained from the relevant local authority. The programme is under review to ensure that capital expenditure under it is more focused on priority schemes to meet national environmental and economic objectives. Last year, local authorities were asked to submit an assessment of their needs for water supply, sewerage and water conservation services to my Department. The assessments are being examined. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years based on key environmental and economic criteria. The assessments form a key input to the development of the 2010 to 2012 Water Services Investment Programme, for which a provision of €508 million is available this year. The schemes and contracts, including mains rehabilitation works, included for funding under the new programme will be announced when the programme is published early this year.

908. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the monies pending for payment to local authorities under the 2007 to 2009 Water Services Investment Programme; the time delay in payment following each successful application for funding for each local authority; and if he will make a statement on the matter. [2044/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Validated claims for recoupment of expenditure to the value of €40 million in respect of schemes being financed under my Department’s Water Services Investment Programme are being processed for payment to the local authorities involved this month. There are no undue delays in processing payments to local authorities under the Water Services Investment Prog- ramme. While greater time is required by the Department for the detailed examination of claims relating to final accounts, these represent a small proportion of annual spending. Other claims are generally processed for payment, or additional information required to process the payment sought, within 10 working days. Valid claims must be based on eligible expenditure and accompanied by specified documentation before they can be processed.

Departmental Staff. 909. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local

470 Questions — 19 January 2010. Written Answers

Government the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2168/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested in relation to my Department’s staffing at the end of 2007, 2008 and 2009 is set out in the following table. The information is broken down by Division. The preparation of information at section level would involve a disproportionate amount of time and work, as in the period since 2007, there has been significant structural and staff change in the Department as a result of decentralisation, the Moratorium on Promotions and Recruitment, and the Incentivised Scheme of Early Retirement and Incentivised Career Break Schemes. My Department has restructured its Divisions and Business Units to take account of these changes and to enable it to deliver on its key objectives and priorities.

Staff Serving By Division 2007-2009

Division 2007 Division 2008 Division 2009

Corporate 226.22 Corporate 219.77 Corporate 187.92 Housing 137.52 Housing 130.19 Housing 133.32 Environment 83.90 Environment 91.50 Environment 80.40 Local Government 175.92 Local Government 95.93 Local Government 81.20 Heritage & Planning 143.99 Heritage & Planning 143.79 Water & Planning 92.03 Water & Natural Heritage 402.19 Water & Natural Heritage 391.69 Heritage 385.48 Local Government Audit 46.00 Local Government Audit 41.40 Local Government Audit 41.40 Service Service Service Met Eireann 225.72 Met Eireann 217.85 Met Eireann 190.15

Total 1,441.46 Total 1,332.12 Total 1,191.90 Note: Numbers are on the basis of Full Time Equivalents at the end of each year.

Question No. 910 answered with Question No. 898.

Grant Payments. 911. Deputy Brendan Kenneally asked the Minister for Communications, Energy and Natural Resources the organisations who administered funding under the €5 million salmon hardship fund; the amount for which each organisation was responsible; the amount that each of these organisations used from their allocations to cover administration costs; the amount of funding that remained unspent by the deadline of 30 November 2009; and if this funding was returned to his Department. [1597/10]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Conor Lenihan): The Community Support Scheme (CSS) was administered through 14 LEADER companies and Comhdháil Oileáin na hÉireann in respect of island communities and Meitheal Forbartha na Gaeltachta Teoranta, in respect of the Gaeltacht areas. The following table sets out the position in relation to the delivery of the scheme by each LEADER Company.

471 Questions — 19 January 2010. Written Answers

[Deputy Conor Lenihan.]

LEADER Company Allocation* Administration** Funding not costs charged drawn down €€€

Clare Local Development Co Ltd 183,000 30,000 29,440 Comhar na nOileain Teoranta 189,405 31,050 17,352 Donegal Local Development Co Ltd 294,930 45,000 Nil Galway Rural Development Co Ltd 182,047 11,467 105,151 Inishowen Development Partnership 282,367 46,200 38,050 Louth Leader Rural Development Co 90,533 5,325 85,208 Meath Partnership 91,500 15,000 5,296 Meitheal Forbartha na Gaeltachta Teo 842,800 104,500 Nil North & East Kerry Development 161,040 26,400 11,503 Sligo Leader Partnership Co 137,250 22,500 6,404 South & East Cork Area Development 188,000 30,000 Nil South Kerry Development Partnership 342,210 56,100 Nil Waterford Leader Partnership 615,400 70,000 190,146 West Cork Development Partnership 733,300 70,000 87,298 West Limerick Resources 183,000 30,000 12,887 Wexford Local Development 91,500 15,000 4,528 *This amount is the net allocation for which each Leader Company was responsible after a 10% reduction applied in April 2009 as part of the budgetary adjustments. **The administration fee was limited to 15% of the fund allocation subject to a maximum of 70,000. In the case of Meitheal Forbartha na Gaeltachta Teo, this company implemented the scheme on behalf of Comhar Iorrais (Leader) Teo.

Funding was provided against matured liabilities and consequently unspent funds were not drawn down by the Leader Companies.

912. Deputy Olwyn Enright asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the case of a person (details supplied) in County Westmeath; if he is satisfied with the manner in which this application was dealt with; the reason this person was approved without the application being appropriately concluded; and if he will make a statement on the matter. [1922/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Greener Homes Scheme, which supports installation of renewable heating technology in homes, is now in its third phase. To date, over 37,000 applications have been received for grant aid under the Scheme, with over €61m paid to over 24,000 applicants. The third phase of the Greener Homes Scheme is limited to existing houses defined as residences that are over one year. This was introduced to align the scheme with the mandatory changes to Part L of the Building Regulations. The restriction to existing houses is clearly stated on the application form for the scheme and in the Terms and Conditions. The application which the Deputy refers did not specify that the house in question was less than a year old in the original documentation. When it subsequently transpired that the house was not eligible under the scheme Sustainable Energy Ireland was obliged to withdraw the grant offer.

Fisheries Protection. 913. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources his plans to evaluate the legislation that prevents fishing for eel here; if his attention 472 Questions — 19 January 2010. Written Answers has been drawn to the fact that anglers are permitted to fish for eel in Northern Ireland from rivers that are common to the Republic of Ireland and Northern Ireland; if he will address this anomaly; and if he will make a statement on the matter. [2028/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Fol- lowing scientific research conducted by the International Council for the Exploration of the Sea (ICES) indicating that the European eel stocks are in a critical state, the EU introduced Council Regulation 1100/2007, the objective of which is to achieve recovery of the stocks to previous high levels. The Regulation required that all Member States prepare a national Eel Management Plan (EMP). Ireland’s plan was approved by the European Commission in July, 2009. The decision to cease the eel fishery was taken, based on the best management and scientific advice available, along with other conservation measures to support a recovery of the stock in the shortest time possible. The Conservation of Eel Fishing Bye-Law No. C.S 303, 2009, gives effect to this decision and provides for closure of the fishery until June 2012, when the status of stocks will be fully reviewed. This review will consider whether the eel fishery could be reopened in any River Basin District in light of the data gathered in the interim and the performance of stocks. The EMP includes a comprehensive programme of monitoring and evaluation of management actions and their implementation. It also includes a programme of scientific eel stock assessment to establish a stock baseline, estimate current silver eel escapement and monitoring the impact of the management actions on the local stocks. I understand that the Eel Management Plan for Northern Ireland has not yet been approved by the EU Commission as satisfying the conservation requirements of the EC Regulation. It is a matter for the Northern Ireland authorities to introduce the appropriate legislation to give effect to the conservation measures provided for in their plan.

Telecommunications Services. 914. Deputy Enda Kenny asked the Minister for Communications, Energy and Natural Resources his plans for the electoral division of a location (details supplied) in County Mayo under the national broadband scheme; if his attention has been drawn to the fact that a number of persons are unable to receive landline broadband in that area; and if he will make a statement on the matter. [48269/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Broad- band services are provided over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, satellite and fibre by private sector service providers. I understand that broadband is available in Turlough, County Mayo, from wireless and satellite service providers and therefore this area will not be addressed by the National Broadband Scheme (NBS). Details of the availability of broadband services in Turlough, County Mayo, are available at www.broadband.gov.ie. I would add that the information contained in this website is provided by service providers. It is important to clarify that, in designing the NBS, which was approved by the EU Com- mission, a balance had to be struck between reaching as many unserved areas as possible and minimising the impact of the scheme on businesses already providing broadband services in rural areas. EU state aid and competition rules govern how states can intervene in areas where there are existing service providers. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion.

473 Questions — 19 January 2010. Written Answers

[Deputy Eamon Ryan.]

More recently, the EU Commission has announced the European Economic Recovery Plan (EERP) under which some funding has been set aside for rural broadband initiatives. My Department is currently considering the detailed design and implementation of a scheme which would address the issue of unserved rural premises outside of the NBS areas, including any unserved premises in County Mayo. It is hoped to commence the scheme this year with the identification of premises not capable of receiving broadband. State Aid approval has been granted by the European Commission as part of the overall process of securing the necessary approvals and funding for the scheme.

Departmental Staff. 915. Deputy George Lee asked the Minister for Communications, Energy and Natural Resources the number of Civil Service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a post graduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48308/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There are currently 292 staff (272 whole-time equivalents) employed in my Department. Information on the qualifications of individual staff members is held on their Personnel file if it has been disclosed to our Human Resources Division. Data on qualifications held by individual staff members is not recorded centrally but I will compile the information sought and forward it to the Deputy as soon as possible.

Telecommunications Services. 916. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources when broadband will be available in an area (details supplied) in County Donegal in view of the details of his response to a parliamentary question in October 2009 on this matter; and if he will make a statement on the matter. [1027/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The information provided by the Deputy relates to the commercial operations of a private company, in this case, the planned enablement of an exchange by eircom. This is a matter for the company and I am not in a position to comment on it. In my reply to the Deputy on 3 November 2009 I set out that the area of St. Johnston, County Donegal, would receive broadband under the National Broadband Scheme, (NBS). It is still the case that is not possible to predict when precisely broadband services under this Scheme will become available in this area. Under the contract with my Department, the service provider, “3”, must complete the rollout to all NBS areas by end September 2010. The current status of each area to be covered by the NBS is available at www.three.ie/nbs.

Inland Fisheries. 917. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources if the public consultation process has been concluded regarding the total allowable catch for wild salmon and sea trout on the Munster Blackwater; and if he will make a statement on the matter. [1031/10]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Conor Lenihan): The 30-day public consultation process, on the Wild Salmon and Sea Trout Tagging Scheme for the 2010 season, commenced on 14 November 2009.

474 Questions — 19 January 2010. Written Answers

Following consideration of the scientific and management advice and responses received to the consultation exercise, I made the Wild Salmon and Sea Trout Tagging Scheme Regulations 2009 (SI No. 557 2009) which provide, inter alia, for a total allowable catch of 5004 salmon or sea trout from the River Blackwater (Munster) including Glenshelane and Finisk. A suite of bye-laws, which have national and regional application, was also introduced to provide for the conservation and management of the wild salmon fishery in 2010. These included the Southern Fisheries Region (River Blackwater (Munster) Conservation of Salmon and Sea Trout Bye-Law No 866, 2009. This bye-law provides for a bag limit of one fish in respect of Salmon and Sea Trout (over 40 cm) in the River Blackwater (Munster) during the period 1 February to 11 May, 2010.

Telecommunications Services. 918. Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources when broadband will be available in a town (details supplied) in County Leitrim. [1149/10]

919. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources if he will address a number of concerns (details supplied); and if he will make a statement on the matter. [1168/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Fol- lowing the conclusion of a technology neutral competitive tendering process, using the Com- petitive Dialogue Procurement procedure as set out in the European Communities (Award of Public Authorities’ Contracts) Regulations 2006, the contract to implement and operate the National Broadband Scheme (“NBS”) was entered into with Hutchison 3G Ireland Ltd (trading as “3”) in late December 2008. Operational matters, such as employment of contractors and the provision of frontline customer support, are a matter for Hutchison 3G Ireland Ltd. In addition, the provision of broadband services will have a positive impact on economic and commercial activity, enabling existing companies to grow and new business to set up in the NBS area.

920. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources when broadband will be made available at locations (details supplied) in County Donegal; the penalties that apply to mobile telephone companies contracted by the State for the non-delivery of broadband to areas; and if he will make a statement on the matter. [1169/10]

475 Questions — 19 January 2010. Written Answers

930. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources if he will review and preview broadband services in a location (details supplied) in County Donegal; and if he will make a statement on the matter. [1628/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 920 and 930 together. In December 2008, my Department entered into a contract with “3”, a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). The company is required to provide services, using a mix of technologies, to all fixed residences and businesses that are located within the NBS Coverage Area and who seek a service. My Department, with the assistance of independent technical consultants, Analysys Mason Ltd, will throughout the contract term, actively monitor performance of the infrastructure, service availability, service delivery and customer experience as well as overall compliance with its contractual obligations by 3. Delays in achieving contractual rollout milestones will result in late and/or reduced subsidy payments to 3. Additionally, the NBS contract imposes a service credit regime on 3 with significant consequences in the event of proven failure to meet the contractually binding service or customer service obligations. 3 continues to progress its network rollout and NBS broadband services are available in almost half of the 1,028 designated Electoral Divisions (ED) to be covered under the Scheme. With particular reference to County Donegal, the following table shows the 52 EDs to be covered under the NBS in the County and identifies the 15 EDs, which can now avail of the NBS broadband services. Details of all the areas to be covered by the NBS, including the status of the NBS rollout, are available at www.three.ie/nbs. Under the NBS contract, all EDs in the NBS Coverage Area will have broadband connectivity by end September 2010. It is accepted that even after the full roll-out of the NBS there will still be a small percentage of premises that will not be capable of receiving broadband services. This is primarily due to technical and other reasons (suitability of a telephone line, distance from an enabled exchange, no line of sight etc.). The European Commission has set aside a portion of the European Economic Recovery Programme (EERP) funding for rural broadband initiatives. My Depart- ment is currently considering the detailed design and implementation of a scheme which would address the issue of unserved rural premises outside of the NBS areas. It is hoped to commence the scheme this year with the identification of premises not capable of receiving broadband. State Aid approval has been granted by the European Commission as part of the overall process of securing the necessary approvals and funding for the scheme.

National Broadband Scheme Electoral Divisions (ED) to be covered by the NBS in County Donegal

Ed Name ED reference No. Status

Altnapaste Ed 57001 Live Aran Ed 57003 Planned Ardmalin Ed 57005 Live Ards Ed 57006 Planned Ballintra Ed 57007 Planned Ballintra Ed 57008 Planned Ballyshannon Urban Ed 57012 Live Binbane Ed 57014 Planned Carrowkeel Ed 57025 Planned Carthage Ed 57026 Planned

476 Questions — 19 January 2010. Written Answers

Ed Name ED reference No. Status

Cavangarden Ed 57031 Planned Church-Hill Ed 57032 Live Cliff Ed 57033 Planned Cloghan Ed 57034 Live Clogher Ed 57036 Planned Creenasmear Ed 57043 Planned Creeslough Ed 57044 Planned Crovehy Ed 57046 Planned Doe Castle Ed 57052 Planned Dunaff Ed 57056 Planned Dunlewy 57060 Planned Eanymore Ed 57061 Live Fanad North Ed 57064 Live Fanad West Ed 57065 Live Feddyglass Ed 57066 Planned Fintown Ed 57068 Planned Gartan Ed 57069 Live Glen Ed 57070 Planned Glenalla Ed 57071 Planned Glenleheen Ed 57076 Planned Gortahork Ed 57081 Planned Graffy Ed 57083 Planned Grousehall Ed 57086 Planned Inishkeel Ed 57090 Planned Kilgoly Ed 57094 Planned Killymasny Ed 57099 Live Laghy Ed 57104 Planned Lettermacaward Ed 57108 Planned Lough Eask Ed 57110 Planned Maas Ed 57112 Planned Malin Ed 57116 Planned Malinbeg Ed 57117 Live Meenaclady Ed 57119 Planned Meencargagh Ed 57120 Live Pettigoe Ed 57126 Planned Seacor Ed 57134 Live St Johnstown Ed 57135 Planned Tawnawully Ed 57139 Planned Templecarn Ed 57140 Planned Templedouglas Ed 57141 Live Termon Ed 57142 Planned

Departmental Expenditure. 921. Deputy Richard Bruton asked the Minister for Communications, Energy and Natural Resources the savings outlined in the report of the special group on public service numbers and expenditure programmes which were accepted in budget 2010 for his Department in tabu- 477 Questions — 19 January 2010. Written Answers

[Deputy Richard Bruton.] lar form; the savings that will be achieved in 2010; and if he will make a statement on the matter. [1251/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The savings measures proposed for my Department are set out in tabular form on page 36 of Volume I of the Report of the Special Group on Public Service Numbers and Expenditure Programmes. The following table outlines the status of these proposed measures in terms of Budget 2010. As the Deputy is aware the report of the Special Group outlined a wide range of proposals across all Departments, a number of which, if agreed to proceed, can only be achieved through restructuring over a number of years. The consideration of the proposals for my Department and the Agencies under its aegis is ongoing and initial progress has been made in relation to certain proposals. In addition, my Department has committed to current savings amounting to €13 million over the 2009 Estimate in 2010. The details of the programme changes that will be made by my Department in order to achieve these savings for 2010 are as set out on pages E. 64 and E. 65 of the 2010 Estimates for Public Services and Summary Public Capital Programme.

Savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes

Merge DHDA with EI/IDA Structural — not included in Budget 2010

Merge ComReg with BAI Structural — not included in Budget 2010

Transfer IFCO into BAI Structural — not included in Budget 2010

Partially fund TG4 from TV Licence Not included in Budget 2010 but direct Exchequer subvention to TG4 reduced by €2.083 million

Terminate DCENR/SEI energy awareness programmes Separate budget for Energy Efficiency Awareness eliminated (€0.894 million saving)

Rationalise multiplicity of energy efficiency schemes run by SEI Being rationalised in the context of the multi- annual National Retrofit Programme announced in Budget 2010

Transfer energy research funding to new single funding stream for all research Structural — not included in Budget 2010

Review operations of Bord na Móna to achieve optimal value Will be done on an ongoing basis — any potential savings arising would not accrue to the Exchequer

Merge OSi and the Valuation Office with the PRA Structural — not included in Budget 2010

Secure efficiencies/increased revenue worth 20% of GSI’s operating costs DCENR proposes to undertake Value for Money Review of GSI in 2010 to secure efficiencies/increased revenue

Secure additional savings from the merger of the regional fisheries boards Merger will take place in 2010 and direct Exchequer funding for Inland Fisheries reduced by €3.145 million

Transfer responsibility for Inland Fisheries from DCENR to DEHLG Structural — not included in Budget 2010

Reduce DCENR authorised number of civil servants by 30 posts DCENR has achieved target

Reduce DCENR agency staff by 76 Structural — not included in Budget 2010

478 Questions — 19 January 2010. Written Answers

Fisheries Protection. 922. Deputy Mattie McGrath asked the Minister for Communications, Energy and Natural Resources if a fishing group (details supplied) in south Tipperary could be granted a licence to fish for at least one month in view of the increase in salmon stock on the River Suir; and if he will make a statement on the matter. [1314/10]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Conor Lenihan): The harvest of salmon by any means is permitted only in those rivers that are meeting their conservation limits and which have an identified surplus following appropriate assessment and scientific advice. Such rivers are specified in the Wild Salmon and Sea Trout Tagging Scheme Regulations 2009 (SI No. 557 2009). The Standing Scientific Committee, in their draft Report on the Status of Irish Salmon Stocks in 2009 and Precautionary Catch Advice for 2010, advised that stocks of salmon in the River Suir were below conservation limits. It is calculated that in 2010 the river Suir (including Clodi- agh and Lingaun waters) will reach only 96% of its conservation limit. In order to permit a harvest of fish, the stock has to be shown to exceed the required number of spawners arriving into the river. The excess over 100% is determined as surplus and determines the total allowable catch. Accordingly, based on the management advice, no mortality of fish is permissible in the river Suir. This reflects the status of the stocks of the river this year, which are reviewed annually. If the stocks improve as a result of the ongoing conservation effort, as had occurred in the River Nore in 2009 for example, it may be possible to permit a harvest of fish in the future.

Alternative Energy Projects. 923. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he will take to support renewable energy projects on farms; the grant aid or supports provided to date for such projects; and if he will make a statement on the matter. [1396/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There is a range of support measures for renewable energy already in place of which the farming community and rural communities generally can avail. Support for the generation of electricity on a micro scale include a guaranteed price of 19 cent per kilowatt hour of electricity produced. This competitive feed-in tariff applies to the first 4,000 micro-generation installations country- wide over the next two years. Access to the feed-in tariff includes the provision of a smart-meter to facilitate exports to the grid and encourage those customers to examine their electricity use generally. Sustainable Energy Ireland (SEI) is operating a pilot scheme for micro and small-scale generation technologies that is designed to investigate and test technical, market and regulatory issues associated with the deployment of micro-generation technologies including installation, network connection and operation, and generation. Grant aid for up to 50 pilot installations has been provided as part of the programme. The experience gained in the performance of this programme will inform the roll-out of any subsequent wider micro-scale programme. The farming community can also avail of grant support under the Greener Homes and ReHeat Schemes, which are administered by SEI. SEI’s Combined Heat and Power (CHP) Programme assists the deployment of small-scale fossil-fired and biomass CHP systems in the industrial, commercial, service and public sectors. The Biomass CHP Programme provides grant aid for Biomass and Anaerobic Digestion CHP. Anaerobic Digestion, in particular, offers

479 Questions — 19 January 2010. Written Answers

[Deputy Eamon Ryan.] opportunities for farmers to use animal waste to generate electricity, while also reducing the environmental impact of that waste when spread on the land. Renewable Energy Feed In Tariffs have also been put in place.

Telecommunications Services. 924. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 801 of 9 July 2009, the position regarding same; and if he will make a statement on the matter. [1404/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The position remains that any future broadband investment decisions, including investment in any further phases of the Metropolitan Area Networks (MANs) Programme, will be guided by (i) the policy paper on Next Generation Broadband, which was published in June 2009 (ii) the Value for Money and Policy Review of Phase I of the MANs Programme, which was published in July 2008 and (iii) the availability of resources. My officials are currently analysing potential options for further investment under the MANs Programme in the light of the above.

925. Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources the progress made to date in the provision of broadband to rural areas under the national broadband scheme; the areas of County Clare which remain without broadband; his plans to extend broadband to these areas; and if he will make a statement on the matter. [1431/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In December 2008, my Department entered into a contract with “3”, a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). The company is required to provide services, using a mix of technologies, to all fixed residences and businesses that are located within the NBS Coverage Area and which seek a service. 3 continues to progress its network rollout and services have gone live in almost half of the 1,028 designated Electoral Divisions (ED) to be covered under the Scheme. With particular reference to County Clare, the table below shows the 49 EDs to be covered under the NBS in the County and highlights the 32 EDs that can now avail of the NBS broadband services. Details of all the areas to be covered by the NBS, including the status of the NBS rollout, are available at www.three.ie/nbs. Under the NBS contract, all EDs in the NBS Coverage Area will have broadband connectivity by end September 2010. My Department is currently considering a request from 3 for a short extension to the roll-out period due to delays in network construction during the recent adverse weather conditions. It is accepted that even after the full roll-out of the NBS there will still be a small percentage of premises that will not be capable of receiving broadband services. This is primarily due to technical and other reasons (suitability of a telephone line, distance from an enabled exchange, no line of sight etc.). The European Commission has set aside a portion of the European Economic Recovery Programme (EERP) funding for rural broadband initiatives. My Depart- ment is currently considering the detailed design and implementation of a scheme which would address the issue of unserved rural premises outside of the NBS areas.

480 Questions — 19 January 2010. Written Answers

It is hoped to commence the scheme this year with the identification of premises not capable of receiving broadband and to have the scheme completed by 2012. State Aid approval has been granted by the European Commission as part of the overall process of securing the necessary approvals and funding for the scheme.

Electoral Divisions (EDs) included under the NBS in County Clare

ED Name ED Reference No.

Abbey ED* 37001 Ayle ED* 37003 Ballyeighter ED* 37008 Ballynacally ED* 37010 Cahermurphy ED* 37019 Carran ED 37022 Castletown ED* 37025 Clondagad ED* 37030 Cloonadrum ED* 37031 Cloonanaha ED 37032 Clooney ED 37034 Clooney ED* 37035 Cloontra ED 37036 Coolmeen ED* 37038 Cooraclare ED* 37040 Creegh ED* 37044 Derreen ED 37047 Doonbeg ED* 37049 Drumellihy ED* 37052 Fahymore ED 37060 Feakle ED* 37061 Gleninagh ED 37065 Glenmore ED 37066 Kilfenora ED* 37075 Kilfiddane ED* 37076 Killadysert ED 37079 Killanena ED* 37081 KIllard ED* 37083 Killimer ED* 37087 Killokennedy ED 37090 Killuran ED* 37092 Kilmihil ED* 37093 Kilmurry ED* 37094 Kilseily ED* 37100 Kiltannon ED* 37102 Kiltoraght ED 37104 Knock ED* 37106 Knocknaboley ED 37107 Knockagore ED* 37108 Kyle ED* 37109 Lackareagh ED 37110

481 Questions — 19 January 2010. Written Answers

[Deputy Eamon Ryan.] ED Name ED Reference No.

Liscasey ED* 37112 Loughea ED* 37115 Newgrove ED 37127 Noughaval ED* 37129 Oughtmama ED 37132 Rathborney ED 37137 Rathclooney ED 37138 Tullycreen ED* 37152 Note: *Highlighted EDs have NBS service.

Ethics in Public Office. 926. Deputy Fergus O’Dowd asked the Minister for Communications, Energy and Natural Resources the details of each gift, favour and hospitality received by him, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1505/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I have received no gifts or hospitality over the statutory reporting limit value of €650 since coming to office. The gifts I have received have been of a minor or symbolic nature.

Departmental Charges. 927. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the charges levied or set by his Department or agencies for the provision of goods or services to individuals or businesses; if those charges have been changed during 2008 or 2009; the revenue in 2009 accrued from these charges; the anticipated income from such charges in 2010; and if he will make a statement on the matter. [1591/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In the time available, it has not been possible to conclude an examination of the relevant records. Officials within my Department are continuing their examination of the position and I will revert to the Deputy as soon as possible.

Television Licence Fee. 928. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the charge for a television licence; if this has increased in 2007, 2008 or 2009; the revenue raised from the television licence in 2009; the anticipated revenue to be generated in 2010; and if he will make a statement on the matter. [1593/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The fee charged for a television licence is €160. This fee can be paid in one payment in full or in monthly, quarterly or half-yearly instalments. There was one increase in the television licence fee in the period 2007-2009, it being the last adjustment to the licence fee which took effect from January 1, 2008. This increase was based on a review of RTÉ’s performance in 2006, which was carried out in 2007. This resulted in an increase in the licence fee of €2 from €158 to €160. The revenue raised from television licence fee sales (including Department of Social and Family Affair’s payments to my Department for issue of ‘free licences’) in 2009 was €226.2 m. It is estimated that €222.1 m will be generated from television licence fee sales in 2010. 482 Questions — 19 January 2010. Written Answers

Electricity Generation. 929. Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources if he will reconsider the fee in tariff price paid for renewable electricity from biomass in view of the fact that the industry representatives are finding it difficult to progress projects here due to the price differential between Northern Ireland, the UK and this country; and if he will make a statement on the matter. [1621/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government has set the targets for the contribution from renewable energy sources to electricity at 40% by 2020. The 40% electricity target is consistent with the new EU target addressed to Ireland in the Renewable Energy Directive 2009/28/EC, which requires Ireland to increase the contribution from renewable sources to 16% of all energy consumed (encompassing electricity, transport and heating) by 2020. Reflecting the need to support the development of biomass, I announced a Renewable Energy Feed In Tariff (REFIT) of 12 cent per kilowatt hour. Under the auspices of the Renew- able Energy Development Group, which is chaired by my Department, the Bioenergy Working Group is currently finalising a Bioenergy Road Map to 2020 which will underpin the contribution of bioenergy, including biomass to Ireland’s Renewable Energy target for 2020. The Working Group is reviewing the current REFIT for the various categories of biomass Com- bined Heat and Power plants in that context having regard to the particular challenges for the sector. I expect the Working Group’s report to be submitted to me next month.

Question No. 930 answered with Question No. 920.

Energy Conservation. 931. Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources the amount allocated to the home energy saving scheme in 2009; the amount of the budget that was spent; the amount allocated to the scheme for 2010; if the allocation includes unspent funds from the 2009 allocation; and if he will make a statement on the matter. [1837/10]

932. Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources the amount allocated to the warmer homes scheme in 2009; the amount of the budget that was spent; the amount allocated to the scheme for 2010; if the allocation includes unspent funds from the 2009 allocation; and if he will make a statement on the matter. [1838/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Question Nos. 931 and 932 together. The Home Energy Saving (HES) scheme is administered by Sustainable Energy Ireland (SEI) and offers financial support for homeowners wishing to make energy efficiency improvements. The scheme was allocated €49 million in 2009. Applications began to be accepted in late March, following the necessary work to establish the Scheme. By end-December SEI had processed 40,724 applications. Some €16.26 million was paid out by SEI by the end of the year. The Warmer Homes Scheme (WHS) is also administered by SEI and is the primary mechanism for alleviating the key underlying cause of fuel poverty which is the thermal inefficiency of houses. Some €20 million was provided for the scheme in 2009, which included a contribution of €5 million from ESB and BGE. This enabled energy efficiency improvements to be made to over 19,000 vulnerable homes at a cost of €14.518 million in 2009.

483 Questions — 19 January 2010. Written Answers

[Deputy Eamon Ryan.]

Funding in 2010 of €13 m for the Warmer Homes Scheme and €29.5 m for the Home Energy Saving Scheme was announced on Budget Day together with €50m for the National Energy Retrofit Programme. The carryover of unspent funds from my Department’s 2009 Vote into 2010 is as set out on page E. 64 of the 2010 Estimates for Public Services and Summary Public Capital Programme. The application of the carryover to my Department’s Vote and the 2010 allocations for each of the Energy Efficiency Programmes will be published in the Revised Estimates for Public Services 2010.

Departmental Staff. 933. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2163/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The information requested by the Deputy is outlined in the following tables. The figures relate to the position at the end December in each year.

2007

Division No. of Staff (Whole Time Equivalent)

Corporate Services 145.20 Energy 43.73 Communications 43.40 Natural Resources 106.80

Total 339.13

2008 Division No. of Staff (Whole Time Equivalent)

Division No. of Staff (Whole Time Equivalent)

Corporate Services 119.89 Energy 38.40 Communications 40.00 Natural Resources 99.71

Total 298.00

2009 Division No. of Staff (Whole Time Equivalent)

Division No. of Staff (Whole Time Equivalent)

Corporate Services 105.52 Energy 39.23 Communications 42.80 Natural Resources 83.90

Total 271.45

484 Questions — 19 January 2010. Written Answers

Farm Inspections. 934. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food the number of farm inspections carried out in 2009 on a county basis in tabular form; and if he will make a statement on the matter. [48283/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Details of the number of farm inspections on a county basis carried out by my Department during the course of 2009 are being compiled at present and will be forwarded to the Deputy as soon as possible.

Grant Payments. 935. Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Sligo will be awarded outstanding payments including REP scheme four, disadvantaged area based payments and single farm payment; and if he will make a statement on the matter. [48302/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment to the person named was delayed due to an error in the information recorded in the Department’s payment system. This has now been rectified. All payment due will issue within 10 working days.

Departmental Staff. 936. Deputy George Lee asked the Minister for Agriculture, Fisheries and Food the number of civil service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a postgraduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48306/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There were 3,808 full time equivalent civil service staff in my Department at end December 2009. While the Depart- ment does not have a comprehensive register of staff qualifications at this time, a project to verify and update all information held on the Department’s HRMS (Human Resources Management System) has recently commenced. The establishment of such a register will form part of this overall process.

Grant Payments. 937. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their payment under REP scheme four; and if he will make a statement on the matter. [48459/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An issue has arisen during the processing of the REPS 4 application from the person named. Processing of the application cannot be completed until this has been resolved. My officials will be in contact with him shortly.

938. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food when REP scheme payment will be awarded in respect of a person (details supplied). [48592/09]

485 Questions — 19 January 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An issue has arisen during the processing of this REPS 4. Processing of the application cannot be completed until this has been resolved. My officials will be in contact with the applicant shortly.

Departmental Staff. 939. Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food if he has any plans to replace veterinary inspectors with trained auxiliary staff from his Department to carry out post mortems in meat plants; and if he will make a statement on the matter. [48617/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Slaughterhouses and meat processing plants operating under the approval of my Department are supervised by veterinary inspectors employed by the Department, assisted in their duties by technical staff and by temporary veterinary inspectors (TVIs) drawn from private practice on a rota basis. Recommendations arising from a Value for Money (VFM) review relating to the use of the services of TVIs in slaughter plants under the supervision of the Department, along with recommendations arising from other reviews relating to the optimum deployment of the national veterinary public health inspectorate, are being taken into account in revised arrangements for controlling meat plants to be developed in coming months. In this context the use of auxiliaries as recommended by the VFM review will be introduced in certain areas, initially on a pilot basis. A number of issues remain to be addressed however before work currently undertaken by TVIs could be reassigned to auxiliaries on a general basis. The technical staff that are referred to by the Deputy, while trained to a level commensurate to carry out all the inspection tasks which they are currently performing, are not as yet fully trained to carry out post-mortem meat inspection except in relation to poultry meat. (The Department had already assigned some post mortem inspection duties to technical staff working in poultry processing establishments). In addition, such a reassignment would involve extensive consultation with the representatives of the technical staff concerned and the TVIs.

Grant Payments. 940. Deputy John Perry asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Sligo will receive their REP scheme three payment; and if he will make a statement on the matter. [48622/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment will issue to the person named within the next ten days.

941. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if an application for the 2009 cow suckler scheme has been received from a person (details supplied) in County Galway; if the application is in order; when payment will issue; and if he will make a statement on the matter. [48634/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named had 26 animals registered under the Suckler Welfare Scheme in 2008. Payment has issued for one of the animals. My Department has completed the processing of a further 18 animals and payment will issue in respect of these animals shortly. One animal calved at less than 22 months of age, which does not comply with the Terms and Conditions of the Scheme and is, therefore,

486 Questions — 19 January 2010. Written Answers not eligible for payment. Errors have been identified for a further 3 animals and a letter in this regard was recently issued to the applicant. The person named has 22 animals registered under the 2009 Scheme. However, the applicant has not submitted details regarding the events required to be undertaken under the Scheme. Payment cannot issue until this information has been provided and processed by my Department.

942. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food when outstanding REP scheme payments will be awarded. [1012/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. Payments to REPS 4 participants amounting to just under €100 million issued in 2009 to those whose applications required no further examination following the administrative checks. However, queries arose on a significant number of applications in the course of the administrative checks and these are under examination as a matter of priority. Further payments will continue to be made as applications are cleared for payment. The annual claims for payment submitted by REPS 3 participants continue to be processed and paid with minimum delay.

Special Areas of Conservation. 943. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 449 of 13 October 2009, when he will make a determination on an application (details supplied); and if he will make a statement on the matter. [1072/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The area for which the licences are sought is a designated Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive (Natura 2000 site). Due to the Natura 2000 status of the area the applications in question were referred by my Depart- ment to the Department of the Environment, Heritage and Local Government for further consideration having regard to the ongoing discussions between the two Departments on the issue of aquaculture activities in Natura 2000 sites generally. That Department has advised that all operations or activities should be subject to the provisions of Article 6(3) of the EC Habitats Directive as transposed by Regulation 31 of the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997). In the case of aquaculture sites located within Natura 2000 areas my Department, in conjunction with the Marine Institute and the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government, is engaged in a comprehensive programme to gather the necessary baseline data appropriate to the conservation objectives of these areas. Every effort is being made by my Department to expedite the determination of all outstanding cases having regard to the complexities of each case and the need to comply fully with all relevant national and EU legislation.

Grant Payments. 944. Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Sligo receives their 2009 REP scheme payment; and if he will make a statement on the matter. [1086/10]

487 Questions — 19 January 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. Payments issued in 2009 to those whose applications required no further examination following the administrative checks. However queries arose on a significant number of applications, including that of the person named, in the course of the administrative checks. My Department is continuing to process the application to payment stage, including the application from the person named, with a view to payment as soon as possible and, in this context, will be in touch with the applicants where necessary, to resolve outstanding issues.

945. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the position regarding an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [1101/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Installation Aid Scheme. An appeal in connection with the application has been made to the Agriculture Appeals Office. No decision has been made yet in relation to the appeal by that Office.

946. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when payment under the suckler cow welfare scheme will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [1111/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named had 32 animals registered under the 2008 Suckler Welfare Scheme. Payment has already issued in respect of 21 animals. Errors were identified with the remaining 11 animals. These errors have now been rectified. Payment has now been approved for these animals and will issue shortly.

Pigmeat Sector. 947. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the beneficiaries of the pork dioxin contingency fund; the moneys allocated to each beneficiary; the applications pending; and if he will make a statement on the matter. [1112/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The agreement with the pig processing sector in the immediate aftermath of the dioxin contamination incident provided for the possibility of the provision of limited funding in respect of certain pig meat product, other than eligible product, subject to compliance with certain specified conditions. The closing date for applications in this respect was 31 December 2009. Applications were received from 15 companies by the closing date and these are being examined taking into account the terms of the relevant State Aid decision (No. NN 44/2009) issued by the European Commission. No payments have been made to date.

Fur Farming. 948. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the advice and recommendations contained in a submission (details supplied) to management at his Department regarding the phasing out of fur farming as agreed in the revised programme for Government; and if he will make a statement on the matter. [1125/10]

488 Questions — 19 January 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The submission referred to by the Deputy relates to the legislative and other changes deemed necessary to implement the commitment in the revised Programme for Government to phase out fur farming over three years. As many of the matters in the submission are still under consideration, it is not appropriate for me to comment further at this stage.

Grant Payments. 949. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the reason a meat supplier, which has had the advantage of State aid, is permitted to open butcher shops, selling below cost, in competition with local butchers, in the case of a butcher (details supplied) in County Westmeath; and if he will make a statement on the matter. [1134/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The company in question has recently opened a retail outlet. This outlet is not however part of the company’s meat processing establishment, which is approved by my Department under the European Communities (Food and Feed Hygiene) Regulations 2009 (S.I. No. 432 of 2009). The Health Service Executive is the appropriate registering authority for such a retail outlet. Grant assistance provided by my Department under the Beef and Sheepmeat Investment Fund was not awarded to retail premises or for developments at retail level and all eligible projects were assessed and evaluated according to strict commercial and technical criteria.

Flood Relief. 950. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the amount of funding paid out to date arising from recent flooding from the scheme administered by his Department for aid to farmers towards winter fodder; and if he will make a statement on the matter. [1148/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Mindful of the hardship and distress caused by the recent widespread flooding, on 27 November 2007 I announced the introduction of the Fodder Aid Scheme, targeted directly at those farmers who encountered damage to fodder in the affected areas. While I was very anxious that the funding reach the affected farmers as quickly as possible, it was essential that farmers demonstrate that their fodder was damaged and to what extent. To this end, therefore, it was necessary that each claim be verified by an on-the-spot inspection. I had initially set the closing date for receipt of applications as 11 December, but subsequently extended it by one week. Immediately applications began to be received by my Department, the necessary inspections were begun, following which the applications were further processed for payment. I am pleased to say that payments commenced issuing on 18 December and, to date, payments worth €464,468 have issued to 215 applicants. Payments continue to issue as individual cases are confirmed eligible.

Aquaculture Licences. 951. Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food if the salmon aquaculture licence at an island (details supplied) in County Clare was revoked in December 2006 following a two year period when no aquaculture took place; if the licence was not revoked in 2006, the reason he did not; if the licensee has now applied for a renewal of the licence; if he will grant the renewal of the licence for salmon farming only on the condition

489 Questions — 19 January 2010. Written Answers

[Deputy Ruairí Quinn.] that an environmental impact assessment and an assessment under the habitats directive will be carried out first; if his attention has been drawn to the fact that Deenish Island is a marine special area of conservation and is in close proximity to a number of salmonid special areas of conservation; and if he will make a statement on the matter. [1160/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The licence in question relates to an area located in Kenmare River, Co. Kerry. The licence was due for renewal from 15 February 2007. The licensee company had applied for renewal of the licence in question in February 2007 thus indicating its intention to utilise the site. The renewal application was under consideration in the normal manner when, in early 2008, my Department became aware that the full shareholding of the licensee company was to be acquired by a third party. During the course of processing the approval of this acquisition my Department, in discussion with the relevant parties, was apprised of the new owner’s production plans for the site. This included the revival of an application originally made in 2004 to expand the area of the site and the licensed production level. The Department has advised the company that it should submit a new application together with an Environmental Impact Statement in relation to this site. This application is awaited. All new applications for marine salmon aquaculture licences are required to submit an Environmental Impact Statement in support of the application. My Department is aware that the aquaculture site at Deenish is within the Kenmare River Natura 2000 site. The Environmen- tal Impact Statement will be required to fully assess the effects of the proposed aquaculture on the environment, including the conservation objectives of the Natura 2000 site.

Rural Environment Protection Scheme. 952. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Cork has not yet received their REP scheme four payment; when payment will issue; and if he will make a statement on the matter. [1165/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment will issue to the person named within the next ten days.

National Reserve. 953. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will clarify the situation regarding young farmers’ eligibility to apply for entitlements on an annual basis from the national reserve when the young farmers’ off-farm income exceeds €30,000; and if he will make a statement on the matter. [1166/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Regulations governing the National Reserve provide that, for non-mandatory categories (such as new entrants to farming) the Member State must apply objective criteria and ensure that an allocation of entitlements from the Reserve is not greater than the regional average value of entitlements which in Ireland’s case is the District Electoral Division (DED) average associated with the applicants herd number. The Single Payment Advisory Committee, comprising representatives of the farming organisations, Teagasc and officials from my Department recommended, and I accepted, objective criteria for the 2009 National Reserve including educational qualifications and an off-farm income limit of €30,000.

490 Questions — 19 January 2010. Written Answers

The National Reserve is a scarce resource initially created by reducing the value of the entitlements established for existing farmers and can only be replenished by the relinquishing of any entitlements that remain unused. My Department must therefore be prudent is determining how the funds in the reserve are administered.

Horticulture Sector. 954. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will support potato growers in County Donegal whose enterprises have been devastated by the Christmas 2009 weather crisis; if he will acknowledge that 75% of the potato crop has been ruined; his views that this amounts to a wipe-out of the potato industry in County Donegal; the nature of the supports he will provide; and if he will make a statement on the matter. [1170/10]

956. Deputy Michael McGrath asked the Minister for Agriculture, Fisheries and Food if he will consider the introduction of a compensation package for potato growers following the loss of potato crop during the recent period of exceptionally cold weather. [1206/10]

969. Deputy Darragh O’Brien asked the Minister for Agriculture, Fisheries and Food his plans to introduce a compensation package to assist potato producers whose crop has been devastated by the recent bad weather and are in danger of losing up to 75% of their crop; and if he will make a statement on the matter. [1553/10]

983. Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the serious losses suffered by potato farmers in County Donegal as a result of the very severe and ongoing adverse weather conditions; if he has any plans to initiate a compensation scheme; and if he will make a statement on the matter. [2040/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 954, 956, 969 and 983 together. I am aware that, due to very wet conditions in November 2009, that a very considerable acreage of potatoes remained unharvested at the end of the year. Since then, farmers have experienced very severe frost conditions which have resulted in significant losses to these crops. I met with potato grower representatives on Thursday 14 January who presented me with a submission which is currently being considered.

Grant Payments. 955. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will provide details of the number of REP scheme four applicants that have been approved in tabular form on a county basis; the number of same that have been paid; the number of same that await payment; and if he will make a statement on the matter. [1178/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. Payments to REPS 4 participants, amounting to just under €100 million, issued in 2009 to those whose applications required no further examination following the administrative checks. However, queries arose on a significant number of applications in the course of the administrative checks and these are under examination as a matter of priority.

491 Questions — 19 January 2010. Written Answers

[Deputy Brendan Smith.] Further payments will continue to be made as applications are cleared. The information requested is set out in the table:

County Total Number of REPS 4 Paid 2009 Awaiting Payment applicants 2008, 2009

Carlow 296 147 149 Cavan 1,073 414 659 Clare 1,311 935 376 Cork 3,147 874 2,273 Donegal 1,865 1,328 537 Dublin 50 14 36 Galway 2,727 1,118 1,609 Kerry 1,960 466 1,494 Kildare 371 239 132 Kilkenny 816 394 422 Laois 757 474 283 Leitrim 859 528 331 Limerick 1,308 691 617 Longford 674 346 328 Louth 217 80 137 Mayo 2,652 939 1,713 Meath 557 157 400 Monaghan 888 317 571 Offaly 696 284 412 Roscommon 1,371 800 571 Sligo 907 527 380 Tipperary Nth 840 504 336 Tipperary Sth 971 486 485 Waterford 633 112 521 Westmeath 693 382 311 Wexford 789 453 336 Wicklow 400 81 319

Totals 28,828 13,090 15,738

Question No. 956 answered with Question No. 954.

Beef Quality Assurance Scheme. 957. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the steps he is taking to address the anomaly within the Bord Bia quality assurance beef herd scheme in which marts are not recognised as part of the supply chain rather than destinations; if he will ensure that marts become part of the assurance scheme; and if he will make a statement on the matter. [1207/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Currently the An Bord Bia Quality Assurance Scheme is available to all producers of beef in Ireland regardless of whether they sell their animals direct to the factory or via the mart. 492 Questions — 19 January 2010. Written Answers

The Bord is looking at the possibility of devising a scheme for live animals, in which case the marts would have a essential part.

Harbours and Piers. 958. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will give a breakdown of the distribution of the 2010 piers and harbours building budget; if he will further give a short summary of construction plans for each of the piers and harbours that have been designated funding from this budget; and if he will make a statement on the matter. [1211/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The available budget for the 2010 Fishery Harbours and Coastal Infrastructure Development Capital Programme has been allocated to meet expenditure that is contractually committed for 2010 and essential safety and maintenance works.

959. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will reconsider his decision to decommission a capital project (details supplied) in County Donegal, in view of the fact that this decommissioning will result in the dissolution of work done on the project already; and if he will make a statement on the matter. [1212/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Greencastle harbour is owned by Donegal County Council and the maintenance and development of the harbour is the responsibility of the Council in the first instance. My Department has, however, in recent years, project managed works on phase 1 of the Greencastle Harbour development project on behalf of Donegal County Council as well as providing funding. The position with regard to providing further funding for the Greencastle project is that I have provided adequate funding in the capital programme for 2010 to suspend the project in a safe and acceptable manner. I will keep the matter under review on an ongoing basis having regard to expenditure in my Department’s Fishery Harbours and Coastal Infrastructure capital programme. It is, of course, open to Donegal County Council as owners of the harbour at Greencastle to continue works on the breakwater out of their own resources.

Departmental Expenditure. 960. Deputy Richard Bruton asked the Minister for Agriculture, Fisheries and Food the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1249/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Vote for my Department has been reduced from a gross outturn of €2.104 billion in 2008 to €1.735 billion in 2010, a reduction of €369 million. The lower 2010 budget provision reflects a combination of factors including lower administration costs, the closure of certain schemes to new applicants, the introduction of lower payment rates, lower levels of funding to discharge outstanding liabilities under existing schemes and lower budget provision for once-off items such as the cost of measures to deal with the dioxin crisis in the pig meat sector. The position in relation to the main recommendations of the Special Group on Public Numbers and Expenditure Programmes is set out in the following table.

493 Questions — 19 January 2010. Written Answers

[Deputy Brendan Smith.]

Main recommendations Current position

Terminate Suckler Cow Scheme The rate of payment under the Scheme was reduced form €80 to €40 per eligible animal in the 2009 Budget in October 2008.

Close REPS 4 and no rollover of participants from REPS 4 was closed to new applicants on July 2009 REPS2&3into REPS 4

Reduce the annual expenditure on the Disadvantaged Expenditure was reduced by 14% or €35m in the 2009 Area Compensatory Allowance Scheme by 30% Budget in October 2008

Reduce staff numbers and implement efficiency savings The Administrative Budget for the Department of €280 in the Department and State bodies under the million in 2010 represents a reduction of €23 million Department’s aegis in administration costs compared to 2008 and includes a reduction of almost €19 million in salary, overtime and travel costs due to a) lower staff numbers, reduced overtime and travel allocations, b) improved efficiencies and c) the rationalisation of the Department’s local office network. Reductions of the Grants-in-Aid to the State bodies under the aegis of the Department include €15 million cut in funding for administration and operating costs due to reductions in staff numbers and improved efficiencies.

The Department keeps all elements of expenditure under close review. Funding for Schemes and services as well as the Administrative Budget will be decided in the context of the preparation of the annual Estimate on an on-going basis.

Grant Payments. 961. Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food the reasons for non-payment of 2009 Disadvantaged Area Payment to a person (details supplied); and if he will make a statement on the matter. [1269/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2009 Disadvantaged Areas Scheme was received from the person named on 15 May 2009. The Terms and Conditions governing the Scheme require, inter alia, that applicants maintain a minimum stocking density on their holding of 0.15 livestock units per forage hectare declared, for at least three consecutive months, during the calendar year of application. Where the holding of an applicant is identified as not meeting this minimum requirement, the person in question is invited to submit evidence of satisfactory stocking i.e. Flock Register, Horse Passports or details of a REPS or Commonage Framework Plan, which provides for a lower stocking level. The person named was written to on 23 July 2009 and invited to submit appropriate evidence of the numbers of livestock maintained on her farm, as Department records currently do not show the person named as having yet achieved the minimum stocking density. To date, no reply has been received from the person named. Upon receipt of a satisfactory response, the application will be further processed with a view to payment at an early date if the applicant is eligible.

962. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Cork has not yet received payment under the REP scheme four; and if he will make a statement on the matter. [1298/10] 494 Questions — 19 January 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The first phase of the 2009 REPS 4 payment issued to the person named on 8 Jan 2009. The remaining 25% will issue shortly.

963. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food, further to Question No. 408 of 8 December 2009, the reason for the delay in issuing payment to a person (details supplied) under the installation aid scheme whose grant aid has been approved by his Department; and if he will make a statement on the matter. [1299/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Young Farmers’ Installation Scheme. The application has been approved and payment will be issued shortly by my Department.

964. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will expedite a REP scheme 4 application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [1302/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment will issue to the person named within the next ten days.

Live Exports. 965. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the steps he is taking to enhance the live cattle trade to Britain; the numbers exported in 2009; the reason this was proportionately smaller than the increase to other destinations; the corresponding figures for 2008; and if he will make a statement on the matter. [1402/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The live export trade is an important component of our meat and livestock industry and provides a complement to the beef trade. The following table shows data on live cattle exports in 2009 along with the corresponding figures for 2008.

Destination 2009 2008

United Kingdom 89,503 34,577 Northern Ireland 79,430 32,712 Great Britain 10,073 1,865 Other Destinations 196,781 113,159

Total 286,284 147,736

Overall live exports in 2009 increased by 94% on 2008 levels. In the same period, exports to the UK increased by 159%, with those to Great Britain increasing by 440% and those to other destinations by 74%. While the purchasing policy of UK meat plants is a commercial decision for those plants, my Department and Bord Bia continue to work closely with the industry in monitoring and developing emerging opportunities for Irish livestock in the United Kingdom and elsewhere. This includes contact with processors and retailers in Britain to establish their interest in live Irish exports and cattle born in Ireland and finished in Britain. 495 Questions — 19 January 2010. Written Answers

Departmental Offices. 966. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if he has reviewed his decision to close all administrative offices of his Department in Kilkenny city; his views on proposals by his officers to maintain at least a docking station for officials to deal with farming queries; and if he will make a statement on the matter. [1500/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Government approved my plan for a reorganisation of my Department’s Local Office Network last July. The plan involves reducing, from 57 to 16, the number of offices from which the Department will operate District Veterinary, Forestry and Agricultural Environment and Structures support services in the future. The decision to close some forty offices of the Department was made only after we had completed a detailed study of the Department’s operations at local level. Decisions were made in relation to the overall strategy and against a background of major changes in the Depart- ment’s operating environment in recent years brought about by the impact of the Single Farm Payment, benefits derived from substantial investment in Information Communications Tech- nology and significant reductions in the incidence of disease. Improvements in business processes, information technology and communications will allow the Department to provide to all of our clients, the full range of services from the 16 enhanced offices set out in the plan. Department staff will be relocated to the enhanced offices where appropriate or redeployed to other areas of the Department or to other Departments and Agencies. Where particular arrangements are identified which would benefit service delivery and operational needs, these will be considered on the basis of an agreed business case.

Ethics in Public Office. 967. Deputy Fergus O’Dowd asked the Minister for Agriculture, Fisheries and Food the details of each gift, favour and hospitality received, both over and under the value of €650, from May 2007 to date in 2010; and if he will make a statement on the matter. [1503/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under the Ethics in Public Office Act, 1995, any gift with a value in excess of €650 must be surrendered to the State and declared in a Minister’s Statement of Registerable Interests submitted to the Standards in Public Office Commission. I can confirm that I have not received any gift in excess of this amount since my appointment and I am in compliance with the relevant regulations.

Proposed Legislation. 968. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when the Animal Welfare Bill will be published; and if he will make a statement on the matter. [1550/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Drafting of the Ani- mal Health and Welfare Bill, which gives effect to commitments in the Programme for Govern- ment and the Renewed Programme for Government is ongoing in my Department. The legislation will amend and consolidate legislation in the area of animal health, particularly to reflect the changed disease status of our animals and will update existing legislation, to ensure that the welfare of all animals, including non-farm animals, is properly protected and that the penalties for offenders are increased significantly. The proposed legislation will also provide for the

496 Questions — 19 January 2010. Written Answers consolidation of responsibility for the welfare of all animals within my Department. I intend to submit the proposed heads of this Bill to the Government at an early date this year.

Question No. 969 answered with Question No. 954.

Departmental Charges. 970. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the charges levied or set by his Department or agencies for the provision of goods or services to individuals or businesses; if those charges have been changed during 2008 or 2009; the revenue accrued from these charges in 2009; the anticipated income from such charges in 2010; and if he will make a statement on the matter. [1590/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following is the information requested by the Deputy in so far as my Department is concerned. The issue of charges levied or set by the bodies under the aegis of my Department is an administrative matter for the bodies themselves.

497 Questions — 19 January 2010. Written Answers date. 0.001per litre 6.07 € € 95,000 No change € ) € 100 to 11.85/ha to No change € € 14.73/ha € of fees (66) onwebsite PCS 0.001per litre 6.07 € € 14.73/ha From € 0.25 on sheep and No Change No Change € 95,000 depending on From € 100 to 11.85/ha to 1.27 per bovine animal € € € received for processing slaughtered or exported live type of application. Fullfees range (66) of on PCS website depending on type of application. Full range 1.90 on cattle, 0.001 per litre 6.07 € € € See Note 4 below See Note 4 below Beef €€ 2009 2010 2008 2009 2010 (Pro-posed) Paid 2010 Name of Levy Amount Estimated Receipts Fee Rates ( sheep and pigs atexport slaughter or pigs Milk (Miscellaneous Provisions) Act 1979 (as amended) fee for export of live animals 152304 Charges) Order 2003 3(2) and (3) below Meat Inspection FeesBovine Diseases Levy 13.9mBord Bia statutory levy on cattle, 5.2m 15.1m 4.9mDairy Inspection Fee under the 5m 5.1m Fishery 4.6m Harbour Centre (Rates and 4,218,417 SeeAquaculture Note & 1 Foreshore. 5m below See for Note 4,100,000 rates. 1,665,271Bovine disease levy & inspection 1,250,000. Milk .06 cent per litre of NoVeterinary milk change Laboratory 1,069,920 Services See 800,000 Note 2Pesticides below Registration 936,000 Fees No change See Note 3(4) below 1,000,000 No changes proposed to 629,000Cereal Seed Certification Fees No Change 700,000 See Note 2 below See 585,000 No Note change 3(4) since below 2002 600,000 See See Note Note 2 3(4) below below From No change since 2002 From No changes proposed

498 Questions — 19 January 2010. Written Answers 320 € 100 per consign- 100 per consignment ment € € 130/ 10/tonne, minimum of 150 10/tonne, minimum of 2.40 per test € € € € € 100/ha Not known yet € 63 Not known yet € ) € 70/ha to 5.50 to 0.94/100 kg to No change 320 € € € € 100 per consignment 30 per consignment 1.62/100 kg € € unit) unit) € 10/tonne, minimum of 150 2.40 per test n/a 5/tonne, minimum of 130/ € € € € € 100 per 30 per € 1.62/100 kg From € € 90/ha From € 60 From € 65/ha to 5to 0.94/100 kg to 320 € € € € 10/tonne, minimum of 150 2.40 per test 5/tonne, minimum of 130/ € € € € € €€ 2009 2010 2008 2009 2010 (Pro-posed) Paid 2010 11,460 12,000 — Name of Levy Amount Estimated Receipts Fee Rates ( Origin Origin Registration Fees (Depending on size of unit) (Depending on size of (Depend-ing on size of import of Products of AnimalRetailers licence authorising apremises to sell animalby remedies retail as required786/2007 by SI No. Licences issued in a yearly 3- cycle and thus import of Products volumes of consignment fluctuate Fishery year on year consignment Pigs (ended Dec 2009) import of horses andanimals small (commenced Jan 2010) Aquaculture Licence annual feeVeterinary Inspection Fee on 276,450Potato 400,000 Inspection Fees 256,332 152203Seed Testing 152303 256,000 Fee 119,000 for an Animal Remedies 115,000 See Note 3(1) below 69,500 80,000Salmonella Control Programme in 21,500 66,157Grass 90,000 Seed Certification Fees152310 From 64,000 4,200 SeeVeterinary Note Inspection 3(1) Fee below on 75,000 See Note 3(1)Egg below Packing Centres 17,090 From 25,000 Pig Salmonella Control Programme From n/aVeterinary Inspection Fees for 60,000 24,103 30,000 n/a 12.50 n/a 12.50 12.50

499 Questions — 19 January 2010. Written Answers 315 € 630 634 190 76per rep 76 € € € € € ) € 315 € 634 630 190 76 per rep 76 € € € € € 315* licences issued in a 3- € 630# 634 190 76 per rep 76 € € € € € €€ 2009 2010 2008 2009 2010 (Pro-posed) Paid 2010 s licence authorising a a 3-yearly cycle and ’ Name of Levy Amount Estimated Receipts Fee Rates ( authorising administration of ananimal remedy to animalspurpose for of the tests/trials asby required SI No. 786/2007 yearly cycle and thus fluctuate volumes year on established year.# substance For Wholesaler premises to sell animalby remedies wholesale as requiredNo. by 786/2007 SI thus volumes premises to fluctuate manufacture year an onanimal year remedy as requiredNo. by 786/2007 SI Order Licence authorising aLicensed Merchant to solicitorders for animal remediesrequired as by SI No. 786/2007 Order Licence authorising a Licensed Merchant to sellremedies animal by mail orderrequired as by SI No. 786/2007 3-yearly cycle and thus volumes fluctuate year on year export of horses andanimals small Veterinary Inspection Fees forFee 14,283 for an Animal Remedies 10,000 10,000Fee for a Research licence 4,000 Licences issued in 30.47 315Manufacture licence authorising a 4,000 630Fee for an Animal Remedies 4,000 Solicit 5,300Fee 300 for licences an issued Animal in Remedies a Mail 30.47 * 600 400 30.47

500 Questions — 19 January 2010. Written Answers 20.95 € 0.20 per € DoEHLG. 76 25 15 up-front fee; € € € 20.95 € 761.84 No change € 0.20 per retrieval; ) € € 120.63 to No change 50.79 to € € 1180.86 sheet photocopying sheet photo-copying € 1984 1984 76 25 63.49 per application Rate to be63 set by 2,400 N/A N/A 15 up-front fee; € € € € € € 0.20 per per hour search and per hour search and € 20.95 per hour 1180.86 From € 761.84 From € € 50.79 to 120.63 to € € search and retrieval; sheet photocopying retrieval; 76 25 63.49 per application 63 2,400 15 up-front fee; € € € € € € €€ 2009 2010 2008 2009 2010 (Pro-posed) Paid 2010 Rates. — Name of Levy Amount Estimated Receipts Fee Rates ( Meat Inspection Fees — Internet Licence authorising a Licensed Merchant to sellremedies animal via a websiteby as SI required No. 786/2007 Companion Animal Remediesas required by SI No. 786/2007 3(3) below Scheme No 253 of 1984.Fees for copy documents, maps etc. Fee for an Animal Remedies 300Fee for registration as a seller of 100 Fees 2,000 for Plant Breeders RightsFertilizer/Feed Analysis Fees 100 22,000Aquaculture Application fees 8,000Dumping at 18,000 Sea receiptsSee Note 8,540Galway 10,000 825 Sheep Breed Improvement 2,835 12,000Fur Farming licences 1,000.00 Land Purchase From Acts Rules Nil 1984S.I. 12,514 From FOI 12,000 13,000 See Note 3(1) below Nil Note 1 As See set Note out 3(1) in below S.I. 253 of 1984 See Note 3,839 3(1) below As set out in S.I. 253 1,000 of As set out in S.I. 253 of

501 Questions — 19 January 2010. Written Answers

[Deputy Brendan Smith.]

Fee Description Type Rate Unit

€

Cattle Slaughter Fees Cattle 5.00 Head

Sheep Slaughter Fees Sheep 0.50 Head

Pig Slaughter Fees Pigs 1.30 Head

Poultry Slaughter Fees Poultry <2kg 0.0 Head

Poultry 2 –5 kg 0.02 Head Poultry > 5kg 0.04 Head

Horse Slaughter Fees Horses 4.40 Head

Cutting Fees Cutting — Not Poultry 3.00 Tonne Cutting — Poultry 3.00 Tonne Dist. Ctr. Charges 1.90 Tonne

Cold Store Fees Independent 3.81 Tonne Integrated 9.52 Person per Hour

Meat Product Fees Products — per person 9.52 Hour

Overtime — Slaughter Mon-Fri (before 7.30am & after 6.30pm) 12.70 Hour W’ends & Pub. Hols 19.05 Hour

Overtime Sheep Loading (M-F) 6.35 Hour Sheep Loading (W’end & Pub. Hols) 9.52 Hour

TVI Cancelled Shift 200.00 Per shift Note 2 Charged in accordance with the Fishery Harbour Centre (Rates and Charges) Order 2003.

Note 3 3(1) The application and licence fees for an aquaculture licence are as set out in the Aquaculture (Licence Appli- cation and Licence Fees) Regulations 1998 ( S.I. No. 270/1998). There is a standard Foreshore Licence fee of €63.49 per annum for the duration of the licence, commencing on the date of granting of a licence, irrespective of the size of the site except for finfish culture where the following annual Foreshore Licence fees apply: — up to and including 5 hectares: €63.49 per annum — each additional hectare up to and including 10 hectares: €31.74 per annum — each additional hectare above 10 hectares and up to and including 20 hectares: €63.49 per annum. There are no proposals at present for amendment of these fees during 2010. 3(2) These receipts are based on rental/fee income derived from aquaculture and non-aquaculture-related activities. 3(3) In accordance with the provisions of the Foreshore & Dumping at Sea (Amendment) Act 2009, certain foreshore functions transferred to the Department of Environment, Heritage & Local Government with effect from 15 January 2010. Functions associated with Dumping at Sea will transfer with effect from 15 February 2010 under the same Act. 3(4) In general, rentals in respect of foreshore leases and licences are determined on the basis of professional valuations of the site in question. Standard charges also apply in certain cases.

Note 4 Details of prices charged by the Veterinary Laboratory Services will be forwarded separately to the Deputy.

Grant Payments. 971. Deputy Michael D’Arcy asked the Minister for Agriculture, Fisheries and Food when a REP scheme 4 payment will be awarded in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [1831/10] 502 Questions — 19 January 2010. Written Answers

972. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the number of first year and separately the number of second years REP scheme 4 participants; the number of applications paid and or confirmed for payment up to 8 January 2010 in each category; and if he will make a statement on the matter. [1834/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The information requested is set out in the following table.

Original application 2008 2009

Applicants 12,011 16,817 Paid 2008 11,490 not applicable Paid 2009 4,765 8,325

Departmental Staff. 973. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the number of technical agricultural officers upgraded to supervisory agricultural officers up to 31 December 2009 involved in the processing of REP scheme three and REP scheme 4 applications; the additional cost in wages per week per officer; and if he will make a statement on the matter. [1835/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Sixty-three Technical Agricultural Officers were assigned to higher duties of Supervisory Agricultural Officer to assist with the processing of REPS 3 and REPS 4 applications. The additional cost per week per officer was €40 approximately. All these temporary assignments were terminated by 31 December.

974. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the work carried out since 1 January 2010 by technical agricultural officers in the agricultural, environmental and structures area of his Department; and if he will make a statement on the matter. [1852/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The duties of Techni- cal Agricultural Officers in the agricultural, environmental and structures areas of my Depart- ment include carrying out administrative and field inspections under Department schemes such as REPs, On farm Investment and Single Payment Schemes. Since 1 January 2010, the focus has mainly been on REPs and to a lesser extent on On Farm Investment.

Grant Payments. 975. Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status of an application for the farm improvement scheme in respect of a person (details supplied). [1854/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My Department has no record of having received an application for grant-aid under the Farm Improvement Scheme from the person concerned. 503 Questions — 19 January 2010. Written Answers

976. Deputy Fergus O’Dowd asked the Minister for Agriculture, Fisheries and Food the position regarding an application for REP scheme 4 in respect of a person (details supplied) in County Louth; when payment will be made; and if he will make a statement on the matter. [1867/10]

977. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Clare will receive payment; and if he will make a statement on the matter. [1868/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The second instalment of 40 per cent due under the Farm Waste Management Scheme has been authorized for payment in this case.

Departmental Staff. 978. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a meeting will be arranged for a person (details supplied) in County Mayo with his officials. [1888/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An official of my Department has been in direct contact with the person named with a view to arranging a meeting, which, it is expected, will take place shortly.

Grant Payments. 979. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason an application for an allocation from the national reserve, under category D, offshore island farmers, was refused in respect of a person (details supplied) in County Mayo, in view of the fact that several of their neighbouring farmers in the same district electoral division were approved. [1889/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named submitted an application under Category D of the 2007 National Reserve. This category catered for offshore Island Farmers whose existing Single Payment is less than €6,000 and where individual entitlements are less that the DED average. The person named did not qualify under this category, as she was not an offshore Island farmer — my Department’s Local Office confirmed this. The person named subsequently appealed my Department’s decision on the basis that she lived in a Disadvantaged area and sheep farming was her main source of income. In all such cases, the procedure is that all contentions put forward in an appeal are firstly reviewed within my Department to see whether there is sufficient evidence to warrant any change to the original decision. In this case it was established that the person named could have applied for another category available under the 2007 National Reserve, namely Category C. This category catered for certain sheep farmers for whom at least 40% of their Single Pay- ment was derived from direct payments associated with sheep production (Ewe Premium/Rural Word Premium) during the reference period, their existing Single Payment is less than €10,000

504 Questions — 19 January 2010. Written Answers and individual payment entitlements are less than the District Electoral Division (DED) average value. The maximum allocation under this category was €1,000.00. The person named was deemed eligible for this category and received the maximum allocation of €1,000. A letter outlining this allocation was sent to the person named on 13 August 2008. It should be noted however that the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the National Reserve may only receive an allocation of entitlements under whichever category is most beneficial to him/her. The person named submitted a further appeal on 27 August 2008 again with regard to Cate- gory D. My Department fully reviewed the case but there were no grounds for a change to the original decision in relation to Category D. This case was then forwarded to the Independent Single Payments Appeals Committee who carried out a full review of the case. The Committee upheld the Department decision in relation to Category D stating that the person named did not qualify under this category.

Sugar Beet Sector. 980. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food if all payments due under the sugar beet compensation scheme have been made; the amount paid to date; the amount that remains to be paid; and if he will make a statement on the matter. [1929/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There were four elements to the Sugar Reform Package under which former sugar beet growers received compensation, vis:

Sugar Restructuring Aid, for which the budget was €12,353,275 and in respect of which payments to date amount to €12,277,710; Diversification Aid, for which the budget was €21,818,970, with payments to date worth €21,410,275; Additional Aid for Diversification, also with a budget of €21,818,970, with payments to date of €21,753,377; and Retroactive Restructuring Aid, with a budget of €41,334,494, and payments to date of €40,771,208.

Payments continue to issue as outstanding matters are resolved such as the resolution of legal matters dealing with family disputes, inheritance cases, etc.

Grant Payments. 981. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the value to date of fodder replacement payments made to flood victims and the number of applicants involved; and if he will make a statement on the matter. [1955/10]

505 Questions — 19 January 2010. Written Answers

[Deputy Brendan Smith.] ing which the applications were further processed for payment. I am pleased to say that payments commenced issuing on 18 December and, to date, payments worth €464,468 have issued to 215 applicants. Payments continue to issue as individual cases are confirmed eligible.

Harbours and Piers. 982. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food the amount of Exchequer funding spent on a project (details supplied) in County Donegal to date in 2010; and if he will make a statement on the matter. [2012/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Greencastle harbour is owned by Donegal County Council and the maintenance and development of the harbour is the responsibility of the Council in the first instance. My Department has however, in recent years, project managed works on phase 1 of the Greencastle Harbour development project on behalf of Donegal County Council as well as providing funding. Due to the current budgetary situation, a very limited amount of funding, sufficient to suspend the project in a safe and acceptable manner is being provided under the 2010 Fishery Harbour and Coastal Infrastruc- ture Development Programme. To date in 2010, approximately €5,000 has been spent on the Greencastle project.

Question No. 983 answered with Question No. 954.

Departmental Staff. 984. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2161/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The full-time equivalent staff numbers in my Department from 2007 to date are as follows:

1 January 2007: 4,217;

1 January 2008: 4,369;

1 January 2009: 4,245;

1 January 2010: 3,881.

Please note that the increase in 2008 is a result of the addition of fisheries functions to my Department’s responsibilities in November 2007. The additional breakdown sought by the Deputy will be forwarded to him when it has been complied in the format requested.

Schools Building Projects. 985. Deputy Jimmy Devins asked the Minister for Education and Science the status of the school building programme of a school (details supplied) in County Sligo; and if he will make a statement on the matter. [48346/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for capital funding for the provision of a new school building. The application has been assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 2 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, includ-

506 Questions — 19 January 2010. Written Answers ing the project referred to by the Deputy, are now available on the Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

Youth Services. 986. Deputy Mary Upton asked the Minister for Education and Science if sufficient funding will be provided for services (details supplied) in Dublin 8 who provide vital and essential services to the community; and if he will make a statement on the matter. [48537/09]

987. Deputy Finian McGrath asked the Minister for Education and Science if he will support a matter (details supplied) in Dublin 5. [1243/10]

989. Deputy Thomas P. Broughan asked the Minister for Education and Science if he will report on a programme (details supplied) in Dublin 17; the proposed closure of the project in 2011 in view of the beneficial impact of the programme on persons recovering from addiction; and if he will make a statement on the matter. [1636/10]

990. Deputy Thomas P. Broughan asked the Minister for Education and Science if he will report on a programme (details supplied) in Dublin 17; the proposed closure of the project in 2011 in view of the beneficial impact of the programme on persons recovering from addiction; and if he will make a statement on the matter. [1638/10]

991. Deputy Thomas P. Broughan asked the Minister for Education and Science if he will report on the 30% cut in 2010 funding for a project (details supplied) in Dublin 17; and if he will make a statement on the matter. [1639/10]

992. Deputy Thomas P. Broughan asked the Minister for Education and Science if she will report on the 30% cut in 2010 funding for a project (details supplied) in Dublin 17; and if he will make a statement on the matter. [1640/10]

1037. Deputy Ruairí Quinn asked the Minister for Education and Science if his Department administers the local drugs task force mainstreamed fund which provide supports to local youth services; the persons who are eligible to apply for moneys from this fund; the budget for same in the last three years; the changes resulting to it from budget 2010; if he will consider reversing any cutbacks; and if he will make a statement on the matter. [1009/10]

1067. Deputy Finian McGrath asked the Minister for Education and Science if he will support a matter (details supplied) in Dublin 11. [1244/10]

1070. Deputy Paul Gogarty asked the Minister for Education and Science the rationale used in making cuts to youth services and youth work funding; if an analysis of outcomes and cost benefit analysis has been carried out before implementing such cuts; the recourse youth services

507 Questions — 19 January 2010. Written Answers

[Deputy Paul Gogarty.] such as those in an area (details supplied) in Dublin 11, have for appealing the reduction in €182,000 in funding; and if he will make a statement on the matter. [1270/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 986, 987, 989 to, 992, inclusive, 1037, 1067 and 1070 together. My Department provides funding for thirty eight projects in Local Drugs Task Force areas, including those projects specifically referred to by Deputies Broughan, Gogarty, McGrath and Upton. These projects, through a variety of programmes and activities, seek, in the main, to encourage young people not to engage in drug-taking. My Department originally took on responsibility for funding these projects through a mainstreaming process, whereby projects on interim funding were assigned to a number of Departments and State agencies. Thirty five of the projects are administered by the three VECs in Dublin City, Dublin County and in Dún Laoghaire, while the remaining three projects are funded directly by my Depart- ment. The allocations for the 38 projects over the past three years were as follows:

2007 — €3,621,000;

2008 — €3,715,000;

2009 — €3,643,000.

Arising from Budget 2010, it was decided that funding for these projects was to be reduced to €2,461,000 in 2010 and to cease from 2011. I acknowledge the difficulties which this decision will entail for the projects, but would emphasise the fact that the prevailing financial position meant that very difficult decisions had to be made, including that relating to these 38 projects. Notwithstanding this decision, my Department has made, and continues to make, a significant contribution in support of the prevention pillar of the National Drugs Strategy through the following initiatives: — the introduction of a social, personal and health education, or SPHE, curriculum at primary level and at junior cycle, second-level; — the initiatives under delivering equality of opportunity in schools, or DEIS action plan, and the school support programme to prevent early school-leaving and achieve better educational outcomes for students; and — the guidelines on substance use policies issued to all schools. The SPHE programme is the foundation for developing awareness of drugs and alcohol issues in schools. It is a mandatory part of the curriculum at primary level and junior cycle at second level. The substance use modules of SPHE are augmented by two support programmes, the Walk Tall programme at primary level and On My Own Two Feet at post-primary. The implementation of these programmes in schools is supported by full-time support services at primary and second level, which provide professional development for teachers and advice and support to schools. The DEIS action plan for educational inclusion is aimed at identifying and tackling levels of disadvantage and it provides the basis for school supports to, among others, schools located in Local Drugs Task Force areas. Supports targeting children most at risk of leaving school early are currently being enhanced through the integration of the relevant services, that is, the school completion programme, home-school community liaison and the visiting teacher service for Travellers, under the National Educational Welfare Board.

Departmental Agencies. 988. Deputy Leo Varadkar asked the Minister for Education and Science if he will make a statement on the new responsibilities given to Enterprise Ireland to market Ireland as a destination for under and postgraduate students. [1320/10]

508 Questions — 19 January 2010. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): Under the new arrangements which I have recently put in place to promote Ireland as a centre for international education, Enterprise Ireland has been given operational responsibility, under my authority, for the marketing and promotion of the “Education Ireland” brand overseas and the development, promotion and marketing of international higher education. Its functions include:

• supporting the development of Irish higher education exports with a focused approach that will yield the highest returns;

• further developing the “Education Ireland” website and brand overseas;

• forging international strategic partnerships for Irish higher education institutions and identifying and developing sectors and locations where there is potential for greater international collaboration leading to benefits for Ireland and working with the Higher Edu- cation Authority (HEA) as appropriate in this area;

• working with the higher education institutions and their international offices in the development of their sales and marketing capabilities and “offering” for international markets;

• working with the HEA to identify and seek to resolve issues which affect the international competitiveness of the relevant higher education institutions. In support of these activities, relevant resources (including staff resources) have been allocated to Enterprise Ireland on foot of the winding up of the International Education Board Ireland (IEBI), which previously managed the “Education Ireland” brand and website.

Questions Nos. 989 to 992, inclusive, answered with Question No. 986.

School Accommodation. 993. Deputy Deirdre Clune asked the Minister for Education and Science the areas that have been identified as having the greatest need for new post primary education; and if he will make a statement on the matter. [48247/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Forward Planning Section of my Department is currently in the process of carrying out detailed analysis of over 40 locations of highest population growth in order to identify the school accommodation requirements up to and including the school year 2014/2015. Given the increase in the birth rate in recent years the initial focus of this analysis is on primary school accommodation requirements and this will be followed by a more detailed analysis of post-primary school accommodation requirements. When the required reports have been completed for the initial areas the Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country. Overall post-primary accommodation requirements throughout the country will be considered in this regard.

School Building Projects. 994. Deputy Deirdre Clune asked the Minister for Education and Science further to Parliamentary Question No. 41 of 1 December 2009, the areas within Cork city identified as having a need for a primary school; and if he will make a statement on the matter. [48248/09]

509 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.] and including the school year 2014/2015. Cork City has been identified as one of those locations and detailed accommodation reports will be complete in the coming weeks. When the required reports have been completed for these initial areas the Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country. Overall primary and post-primary accommodation requirements in Cork City will be considered in this regard.

School Staffing. 995. Deputy Ruairí Quinn asked the Minister for Education and Science the reason he has abolished the supply panel scheme for primary teachers in Budget 2010; the amount of money expected to be saved from this cutback; the manner in which the savings will be achieved; and if he will make a statement on the matter. [48250/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The supply teacher scheme was initially set up at primary level over 15 years ago at a time when schools had difficulty getting substitute teachers. The supply scheme operates on the basis of an additional full-time teacher being allocated to a school to cover certified sick leave absences in that school and a cluster of neighbouring schools. If the teacher is not required on a given day to cover sick leave absences they generally assist with other work in their school such as administrative duties. There are 60 posts allocated to the scheme. A value for money review was published in July 2006. The review found that approximately 60% of these teachers’ time was used to cover sick leave absences with the balance on various other school duties. This reflects the unpredictable nature of sick leave absences. While there are benefits for schools in having these full-time teachers it is considered more cost effective to use the normal substitution arrangements that apply to all other schools to cover sick leave absences instead of having a cohort of full-time teachers ‘‘on call’’ all the time in these schools to cover sick leave absences that may or may not arise. The supply teacher scheme will cease from the start of the 2010/11 school year. The teachers concerned will be redeployed in accordance with the existing redeployment arrangements to other schools that have vacancies. It is expected that this measure will save €0.4 million in 2010 and €1.1 million in a full year.

Residential Institutions Redress Board. 996. Deputy Joe Costello asked the Minister for Education and Science if the spouse of a person would be entitled to apply to the Residential Institutions Redress Board but who is now deceased can apply to the board for redress; and if he will make a statement on the matter. [48251/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Residential Institutions Redress Board was established to make financial awards to persons, who, as children, suffered abuse in certain residential institutions. The operation of the Board is governed by the terms of the Residential Institutions Redress Act, 2002 and, in accordance with the prescribed legislation, the Board is independent in the performance of its functions. I should firstly point out that the closing date for receipt of applications to the Board expired in December 2005. However, there is provision for the Board to consider late applications in accordance with Section 8 of the Act. It is entirely a matter for the Board to appraise each application and ascertain the eligibility of the claimant. Section 9 of the Act deals with the issue of applications on behalf of deceased former residents. Section 9(1) states that “where a person who would have qualified as an applicant and

510 Questions — 19 January 2010. Written Answers who did not receive an award or settlement referred to in Section 7(2) dies after 11th May 1999 and prior to making an application under this Act, the children or spouse of that person may, subject to subsection (3), make an application on behalf of that deceased person”. Subsection 3 states that only one application may be made in respect of an individual former resident. I would suggest that the person to whom the Deputy is referring should contact the Residen- tial Institutions Redress Board directly, and they will be in a position to advise him/her of the process involved. The Board can be contacted by writing to The Residential Institutions Redress Board, Block 5, Belfield Office Park, Beech Hill Road, Clonskeagh, Dublin 4 or by phoning 1800 200 086.

Schools Building Projects. 997. Deputy Michael D’Arcy asked the Minister for Education and Science the costing to date for the two primary schools at a location (details supplied) in County Wexford; and if he will make a statement on the matter. [48262/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The cost of the two Wexford primary schools completed in 2008, referred to by the Deputy is in the region of €8 million. Further accommodation comprising 8 classrooms, General Purpose Room and a Special Needs Unit was provided at one of the schools in 2009, and the cost for this will be in the region of €2.8 million.

Physical Education Facilities. 998. Deputy Michael D’Arcy asked the Minister for Education and Science the number of playing fields available at a site (details supplied) in County Wexford for the primary schools and the new secondary school to be constructed on the site; and if he will make a statement on the matter. [48263/09]

999. Deputy Michael D’Arcy asked the Minister for Education and Science his plans to provide additional playing fields for schools (details supplied) in County Wexford; and if he will make a statement on the matter. [48264/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 998 and 999 together. The provision of playing pitches is not part of the specification for primary schools. However, in certain circumstances and where site conditions allow, the project scope may include the levelling and grassing of an area which schools may decide to use for playing fields. The two primary schools to which the Deputy refers were provided with hard play areas and a shared General Purpose Hall. There are no plans to provide a grassed playing area for these schools. With regard to the proposed post-primary school, the Deputy will be aware that this will be delivered under my Department’s Public Private Partnership programme. This school will have a playing field, a number of hard play areas and a PE Hall.

Schools Building Projects. 1000. Deputy Phil Hogan asked the Minister for Education and Science the progress on the construction of a new school (details supplied) in County Kilkenny; and if he will make a statement on the matter. [48290/09]

511 Questions — 19 January 2010. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): A revised tender report, for the school to which the Deputy refers, was received recently by my Department and is currently being assessed. I expect my officials to be in contact with the Board of Management in the coming days authorising them to commence the award process.

1001. Deputy Billy Timmins asked the Minister for Education and Science the position regarding an application by a school (details supplied) in County Carlow; if sanction can be given for the new building as a matter of urgency; and if he will make a statement on the matter. [48296/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The building project for the school referred to by the Deputy is at an advanced stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

1002. Deputy Ruairí Quinn asked the Minister for Education and Science the primary and secondary school building projects that will utilise capital expenditure left over from the 2009 allocation; the name, address and roll number of each project; and if he will make a statement on the matter. [48297/09]

Minister for Education and Science (Deputy Batt O’Keeffe): A total of €79m of my Depart- ment’s capital budget in 2009 is being carried forward to 2010. Of the total amount, €72m is being allocated to primary schools’ capital and the remainder of €7m to my Department’s Information & Communications Technology Policy area towards payment of capital grants to schools as I announced towards the end of last year. The €72m additional funding in primary schools’ capital will primarily be used to cover expenditure on the attached 57 projects.

County Roll Number Name\Address

Carlow 18363M SN Muire gan Smal, Green Lane Cavan 06998Q SN Tulach a Mhile, Corlough Clare 14830U Barefield N.S., Ennis Cork 00512D Midleton Convent NS Cork 18786R Sc Iosagain, Farranree Cork 20105C Star of the Sea Primary School, Passage West Cork 20106E Scoil Nioclais, Frankfield, Grange Donegal 17268N SN An BrMOCleirigh, Creevy, Ballyshannon Donegal 19333I Dooish NS, Ballybofey Dublin Belgard 18324C Scoil Bride C, Palmerstown Dublin City 16964F Scoil Mhuire Ogh 1, Loreto College, Crumlin Rd, Dublin 12 Dublin City 18646B Springdale NS, Lough Derg Rd., Raheny Dublin City 20131D Dublin 7 Educate Together aka Grangegorman Dublin City 20139T Inchicore NS, Sarsfield Road, Dublin 10 Dublin Fingal 18778S SN Naomh Mochta National School, Clonsilla Dublin Fingal 19898K Gaelscoil an Duinnigh, Feltrim, Swords Dublin Fingal 20202A Balbriggan ET Dublin Fingal 20247W Scoil Ghráinne Community National School , Phibblestown Kerry 20196I Ballybunion NS Kildare 11976K Scoil Choca Naofa, Kilcock, Co. Kildare

512 Questions — 19 January 2010. Written Answers

County Roll Number Name\Address

Kildare 13350A Scoil Bhride, Athgarvan Kildare 16345A Scoil Bhride, Nurney, Co. Kildare Kildare 17662R Scoil Bhride Kill NS Kildare 17674B SN Aine Naofa, Ard Cloc, Straffan Kildare 18654A Caragh NS, Naas Kildare 20023A Gaelscoil Chill Dara, Newbridge Kildare 20058T Sc Uí Fhiach, Maynooth Kildare 20114D Scoil Brid, Naas Kildare 20177E Newbridge Educate Together Kildare 20192A Scoil Atha Í, Athy Kildare 20271T Scoil na Naomh Uilig, Rickardstown, Newbridge Kilkenny 15160G Marymount N.S., The Rower, Inistioge Laois 07442U Convent of Mercy NS, Borris in Ossory Limerick 13026P Kilfinane National School Limerick 16237U Dromtrasna NS Abbeyfeale Louth 18069M Naomh Seosamh, Mell, Drogheda Louth 20146Q Le Cheile ET, Mornington, Drogheda Louth 20205G St Marys Parish School,Drogheda Mayo 20046M Gaelscoil Na Cruaiche, Cathair na Mart, Co. Mayo Meath 00885T Ratoath Jnr NS, Ratoath Meath 16646O St Marys Convent NS Trim Meath 17821L Scoil Nais Mhuire Naofa, Enfield, Co Meath Meath 17964K SN Mhuire Naofa, Rathfeigh Meath 19253K Scoil Naomh Barra, Wilkinstown Meath 20180Q Scoil Eoin National School, Navan Meath 20200T Ratoath Snr NS, Ratoath Monaghan 18028V Corr a Chrainn NS, Corr a Chrainn Offaly 17523D SN Cronain Naofa, Dromakeenan Roscommon 01607T Scoil Náisiúnta Cor Na Fola, Athlone Tipperary 15696B Silvermines National School Waterford 19629G Holy Cross School, Ballycarnane, Tramore Waterford 20050D Gaelscoil na Deise, Grace Dieu Road, Waterford Waterford 20076V Bunscoil Bhothar na Naomh, Lismore Waterford 20160K Waterford Educate Together NS Westmeath 18812P Loch an Ghair NS Mullingar Wexford 20214H Gorey ET Wicklow 10111O Lacken National School, Lacken, Blessington, Co Wicklow

Higher Education Building Projects. 1003. Deputy Ruairí Quinn asked the Minister for Education and Science the higher education building projects that will utilise capital expenditure left over from the 2009 allocation; the sums involved for each project; the name, address and purpose of each project; and if he will make a statement on the matter. [48298/09]

Minister for Education and Science (Deputy Batt O’Keeffe): There was no capital carried forward from 2009 in respect of the higher education capital allocation of almost €200m. 513 Questions — 19 January 2010. Written Answers

Public Private Partnerships. 1004. Deputy Ruairí Quinn asked the Minister for Education and Science the capital projects that will receive funding in 2010 from the moneys allocated in the budget 2010 for public private partnerships; and if he will make a statement on the matter. [48299/09]

Minister for Education and Science (Deputy Batt O’Keeffe): A total budget of €50.059m has been provided to cover the cost of Public Private Partnership projects in 2010. This is broken down as follows. A current allocation of €32.286m is provided to meet the unitary charges in 2010 in respect of the 5 Pilot Schools, National Maritime College, Cork School of Music and the 1st Schools Bundle which is due to become operation in Autumn 2010. A capital allocation of €17.773m will be used to progress the procurement of the PPP projects and will also cover a VAT payment in excess of €8m which will fall due at the point when construction on the 1st Schools Bundle is completed.

Higher Education Grants. 1005. Deputy Ruairí Quinn asked the Minister for Education and Science if he has removed the eligibility for students who receive the back to education allowance to apply for higher education maintenance grants in budget 2010; the way in which students will be able to have their registration fees paid if they have not applied for a maintenance grant; if his attention has been drawn to the fact that many students have spent years attempting to complete their studies and this will hinder their chance of success; and if he will make a statement on the matter. [48300/09]

1006. Deputy Ruairí Quinn asked the Minister for Education and Science if all students in receipt of maintenance grants will receive a 5% cut in their payments; and if he will make a statement on the matter. [48301/09]

1027. Deputy Ruairí Quinn asked the Minister for Education and Science if, further to the changes made in budget 2010 regarding the back to education allowance, persons who are currently studying a level five post leaving certificate course, receive the back to education allowance and are currently in receipt of a higher education maintenance grant will be considered as a new applicants in September 2010 if they progress into another course at a higher level; if they will still be able to receive the maintenance grant in future; and if he will make a statement on the matter. [48568/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1005, 1006 and 1027 together. From September 2010, as announced in the Budget, all new applicants who are in receipt of the Back to Education Allowance for all schemes, and the VTOS allowances for those pursuing PLC courses, will be ineligible for student support maintenance grants. The cost of the student services charge and any fees payable to colleges will continue to be met, for eligible students, by the Exchequer on their behalf. They should apply to their assessing authority to have their eligibility assessed. Students currently in receipt of the BTEA or VTOS allowances and the maintenance grant will continue to be eligible for both payments for the duration of their current course provided they meet the terms and conditions of the scheme. Students progressing to a new course, with effect from 2010/11, will no longer be eligible for student support maintenance grants but can apply for assistance towards the cost of the student services charge and any fees payable.

514 Questions — 19 January 2010. Written Answers

The 5% reduction in maintenance grants payments will apply to all students. The reductions in the rates of student grants were necessary to ensure that the system is not extended beyond what current resources will allow.

Special Educational Needs. 1007. Deputy Eamon Gilmore asked the Minister for Education and Science if he will acknowledge all relevant work experience and pay all incremental credit under the scheme for special needs assistants in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [48305/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The agreed criteria for the award of incremental credit to Special Needs Assistants is set out in Circular 0139/2006. In accordance with the circular the person, to whom the Deputy refers, does not meet the qualification requirements for the award of incremental credit. The person has been informed of the criteria and the outcome of their application.

Departmental Staff. 1008. Deputy George Lee asked the Minister for Education and Science the number of Civil Service staff in his Department; the number of these staff who hold an economics degree; the number of these staff who hold a postgraduate economics degree; the number of these staff who hold a PhD in economics; and if he will make a statement on the matter. [48311/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The number of staff employed in my Department is 1359 (1271.13 whole time equivalent). As well as all administrative staff, these figures include non-administrative/professional grades e.g. staff of the National Edu- cational Psychological Service (NEPS) and of the Inspectorate. My Department, in conjunction with the Public Appointments Service, requires that all professional and technical staff recruited into my Department have the necessary qualifications and experience for the posts concerned and these are specified for individual competitions. In addition, many of the administrative staff in my Department hold qualifications in a wide range of subjects but our human resources records do not hold information in a way that would readily identify those staff who hold an economics degree, a post graduate economics degree or a PhD in economics. The Training Unit in my Department, in accordance with the conditions set out in the Department of Finance Circular 23/07: Post- Entry Education — Refund of Fees, Study Leave and Examination Leave, operates schemes to provide financial assistance to officials who undertake courses in higher or further education, primarily in their own time, which support and enhance their knowledge and skills. The object of the schemes is to encourage staff to undertake study with a view to developing a diverse set of core skills appropriate to their role within the Department and to employment across the Department and the broader Civil Service. Since 2003, one staff member has completed the UCD PhD in Economics and Soci- ology and eight staff have completed or are currently participating in the IPA/UCD Master of Economic Science (Policy Analysis) Programme.

Higher Education Grants. 1009. Deputy George Lee asked the Minister for Education and Science if his attention has been drawn to the fact that PhD students who have been eligible for the local authority grant in previous years are now being refused this grant as the value of their college fees which is paid by a scholarship is being taken into account; if there has been a change in policy whereby

515 Questions — 19 January 2010. Written Answers

[Deputy George Lee.] local authorities take the value of PhD college fees paid by scholarships into account for eligibility for the local authority grant; and if he will make a statement on the matter. [48323/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Under Clause 2.2 and 2.3 of the Higher Education Grants Scheme 2009 and Clause 2.1 and 2.2 of the Vocational Education Committees’ Scholarship Scheme 2009 provides:—

2.2 A candidate shall not be eligible to hold a grant under this Scheme if he/she holds:

(i) a scholarship/grant awarded by another Local Authority, a Vocational Education Committee or the Department of Education and Science, or

(ii) any other award payable from public funds, or

(iii) the equivalent of (i) or (ii) from another E.U. Member State.

The provisions at (ii) or (iii) do not include awards such as scholarships, prizes or bursaries, made by the institution being attended or postgraduate research grants where the grant received does not exceed a specified amount, which for the 2009/10 academic year, is specified to be €16,000. In addition, the provision at (ii) does not include awards to candidates under the Student Assistance Fund, the Millennium Part- nership Fund and the Fund for Students with Disabilities.

2.3 Notwithstanding clause 2.2 above holders of the following scholarships, if eligible, may also hold a maintenance grant:

• Easter Week Scholarship Holders

• Donagh O’Malley Scholarship Holders

• All Ireland Scholarship Holders

• Science Foundation Ireland/Dell Scholarship for Young Women in Engineering

Under these Clauses the full value of the award to the student, from public funds, is taken into consideration. Such awards may include two elements: one in respect of fees — either an amount towards the cost of fees or a fee waiver — and, the second, a stipend paid directly to the student for living costs. Where the full value of the award does not exceed the limit specified in the Schemes the student may also be approved for funding under the student grant schemes subject to the terms and conditions of the scheme. The provisions of these Clauses have been in place for many years and are not a recent change in policy. The process of assessing eligibility for third level grants and the organisation, management and payment of student grants are matters for the relevant local authority or VEC.

Appointments to State Boards. 1010. Deputy Ruairí Quinn asked the Minister for Education and Science if he will appoint a representative from Dublin Institute of Technology students union to the board of the Grangegorman Development Agency; and if he will make a statement on the matter. [48339/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Grangegorman Develop- ment Agency Act 2005 provides for a total membership of 15 in the Agency including the Chairperson and Chief Executive Officer. There is no specific provision for a student or staff

516 Questions — 19 January 2010. Written Answers representative from the Dublin Institute of Technology on the Agency. The legislation does provide that 2 ordinary members of the Agency will be nominated by the President of the Dublin Institute of Technology and it is a matter for the President to determine who to nom- inate having regard to the functions of the Agency as set out in the Act. The legislation recognises the student body of the Dublin Institute of Technology specifically among the stakeholders that should be represented on the Consultative Group provided for in Section 22 of the Act. Up to 2 members of the Consultative Group can come from the student body.

Schools Refurbishment. 1011. Deputy Arthur Morgan asked the Minister for Education and Science the position regarding the application for a school refurbishment grant by a school (details supplied) in County Louth; and if he will make a statement on the matter. [48341/09]

1012. Deputy Arthur Morgan asked the Minister for Education and Science if his attention has been drawn to the need for extra classrooms in a school (details supplied) in County Louth in view of the fact that the current capacity, coupled with the increasing demand for places in the school resulting in education being provided in unsuitable conditions; and if he will make a statement on the matter. [48342/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1011 and 1012 together. My Department recently received an application for additional accommodation from the school to which the Deputy refers. The application is under consideration and a decision will issue to the school authority in due course.

Schools Building Projects. 1013. Deputy Joanna Tuffy asked the Minister for Education and Science the timeframe in place for new school building projects announced for County Meath for the year 2010; and if he will make a statement on the matter. [48352/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Currently there are two major new school projects in Co Meath which have been approved to proceed towards tender and construction. Scoil Nais Mhuire Naofa in Enfield is at an advanced stage of architectural planning and a stage 2(b) (Detailed Design) submission is awaited from the school’s design team. Scoil Eoin in Navan is at stage 2(b) of architectural planning. An addendum to the stage 2(b) submission is currently being considered by my Department. Prequalification of suitable contractors has already commenced with publication of the tender notice on the Government’s e-tenders website in December. Following approval of stage 2(b) in both cases, the respective projects will be approved to go to tender and construction as early as possible in 2010.

1014. Deputy Simon Coveney asked the Minister for Education and Science if the funding for a school (details supplied) in County Cork has been ring fenced for this project in view of the fact that the construction of the school will be starting later than originally promised. [48429/09]

517 Questions — 19 January 2010. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The progression of the project referred to by the Deputy is contingent on the receipt of the necessary statutory approvals and the completion by the school Patron of the acquisition of the site for the proposed new school building. Following a request by the Local Authority for Additional Information on the planning application, the required information has been submitted recently by my Department. My Department is currently awaiting the outcome of the planning application. When these matters are resolved the progression of the project to construction can be given further consideration.

Public Procurement. 1015. Deputy Joan Burton asked the Minister for Education and Science the details of changes in the tendering process for the supply of computer services and hardware to schools; if his attention has been drawn to the fact that the tendering process for the information and communication technology infrastructure grant scheme could exclude schools tendering to service and hardware providers with whom they have long-standing procurement relationships; if the number of tendering providers has been limited under this scheme; and if he will make a statement on the matter. [48439/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that in all cases of purchasing by schools using public monies, public procurement rules must be followed. The purchase of ICT equipment and associated products and services by the public sector was identified under the National Public Procurement Policy Framework as one of those areas where economies could be achieved. EU Directive 2004/18/EC provides for the use of Frame- work Agreements by the public sector. The public sector utilises such frameworks to facilitate greater flexibility in the acquisition of goods and services, and support more responsive pricing mechanisms that deliver better value for money. In this regard, four distinct National Frame- works for the supply of specific categories of ICT equipment to public sector bodies have been set up by the Department of Finance. The categories in question are PCs, Notebooks (laptops), Mono Laser Printers and Colour Laser Printers. The number of Suppliers on each Framework varies; the number of suppliers for PCs and Notebooks is five and six respectively, and all suppliers were selected following an open competitive tendering exercise in compliance with EU and national procurement rules. In the interests of achieving best value for money, schools are required to use the Frame- works for the purchase of ICT equipment under the relevant categories as mentioned above. Schools can run a mini competitive tendering process by a simple email “Request for Quo- tation” to a single central email address, setting out their requirements. In addition to the core products of PCs and Notebooks, schools can also request quotations for associated services such as installation. While delivering competitive prices, the Frameworks are also all covered by a three year on-site next business day warranty and support. Operation of the Frameworks is governed by Vendor Participation Agreements, through which schools are able to benefit from a range of favourable terms and conditions, agreed in the aggregate for eligible non- commercial public sector bodies. In addition to the four Frameworks mentioned above, a Framework for Digital Projectors for schools is in the process of being established. It is expected that this Framework will shortly become available to schools. For procurement where Framework Agreements do not exist, schools are required to carry out normal competitive tendering processes under general public procurement rules.

518 Questions — 19 January 2010. Written Answers

Teachers’ Remuneration. 1016. Deputy Billy Timmins asked the Minister for Education and Science the position regarding a matter (details supplied); if the pay rise directed by the Labour Court in February 2009 will be awarded; and if he will make a statement on the matter. [48451/09]

1019. Deputy Michael Noonan asked the Minister for Education and Science the position regarding an agreement on a pay claim between his Department and a trade union representing certain public service workers (details supplied) which was forwarded to the Department of Finance in July 2009; and if he will make a statement on the matter. [48481/09]

1020. Deputy Joe Carey asked the Minister for Education and Science if he will respond to the issues raised in correspondence from an education centre (details supplied) in County Clare; and if he will make a statement on the matter. [48531/09]

1045. Deputy Pat Breen asked the Minister for Education and Science the position regarding an application (details supplied); and if he will make a statement on the matter. [1046/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1016, 1019, 1020 and 1045 together. My Department gives support and funding to a number of VECs to operate Outdoor Edu- cation Centres. There are 12 centres in all. The Teachers’ Union of Ireland (TUI) lodged a claim with my Department for a substantial pay increase on behalf of the Directors of each of these Centres. Following protracted negotiations, my Department consented to an ad-hoc referral of the claim to the Labour Court. The Labour court subsequently issued a non-binding recommendation in respect of this claim. The current position is that the recommendation is being actively considered by officials of both my Department and the Department of Finance. While it is acknowledged that this matter is outstanding for a period of time, I am sure the Deputy will appreciate that the recommendation needs to be fully considered in light of the issues it raises in the context of the current fiscal situation. However, I expect that a final decision will be communicated to the interested parties shortly.

Institutes of Technology. 1017. Deputy Ruairí Quinn asked the Minister for Education and Science the arrangements he has made with the chief executive officer of the Higher Education Authority to resolve the difficulties that have arisen from the public sector staff moratorium in the higher education sector; the difficulties that have arisen regarding the Dublin Institute of Technology; and if he will make a statement on the matter. [48461/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, the purpose of the Government decision to implement a recruitment and promotion moratorium in the public sector is to facilitate a permanent, structural reduction in the numbers of staff serving in the public sector and is intended to contribute significant and ongoing savings to the Exchequer. In applying this moratorium generally, teaching and research activities in the education sector have been afforded significant exemptions relative to other areas of public expenditure. Nonetheless, the Deputy will appreciate that the sector has to contribute towards overall public sector numbers reductions.

519 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

In the area of higher education, the Government agreed that an employment control framework be developed to provide for the application of the moratorium arrangements to higher education institutions, subject to the continued oversight and review by the HEA and both my Department and the Department of Finance. The Government is anxious to work with the publicly funded higher education institutions in achieving necessary reductions in public expenditure within the sector as an essential part of overall budgetary strategy. The employment control framework aims to enable this while providing sufficient flexibility for the protection of frontline teaching and research activities. Following discussions at the employment control framework monitoring committee, a revised framework has recently been agreed between my Department and the Department of Finance, and has been conveyed to the Higher Education Authority for application in the higher education system. This revised framework provides institutions with a greater flexibility around recruitment in the filling of posts, on the basis of meeting a required overall reduction in posts. It is a matter for the individual higher education institutions, including Dublin Institute of Technology (DIT), to manage their staffing resources in the context of implementing the framework. In the case of DIT, I would consider that the extra flexibility now afforded to all institutions, will facilitate them in dealing with the particular issues that have arisen in that case.

Special Educational Needs. 1018. Deputy James Bannon asked the Minister for Education and Science if a child (details supplied) in County Leitrim will retain their special needs assistant at their school; and if he will make a statement on the matter. [48474/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

Questions Nos. 1019 and 1020 answered with Question No. 1016.

Higher Education Grants. 1021. Deputy Ruairí Quinn asked the Minister for Education and Science the reason Donegal Vocational Education Committee will not grant a person (details supplied) in County Donegal a higher education maintenance grant in view of the fact that they satisfy all of the relevant criteria; if the vocational education committee will review this case; and if he will make a statement on the matter. [48536/09]

520 Questions — 19 January 2010. Written Answers

If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department. No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Schools Amalgamation. 1022. Deputy Seán Connick asked the Minister for Education and Science the details of the agreement made when schools (details supplied) in County Wexford were amalgamated in 1967; and if he will make a statement on the matter. [48541/09]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): My Department is currently examining the background to the case referred to by the Deputy in the details supplied. I should say, however, that the Value for Money Review of the School Transport Scheme is nearing completion. The Steering Committee is looking at the original objectives and aspects of the scheme, including the ‘closed school rule’, whether these objectives remain valid today, the extent to which the objectives are being achieved and whether there are possibilities for economies or efficiencies that would improve the value for money of the scheme. The review will be published and sent to the Oireachtas Select Committee on Education and Science

Schools Building Projects. 1023. Deputy Ciarán Lynch asked the Minister for Education and Science the progress on the development of a school (details supplied) in County Cork; if funding is still in place; and if he will make a statement on the matter. [48542/09]

Victims of Child Abuse. 1024. Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the continued funding of the organisations (details supplied) regarding the services they provide to victims of child abuse; and if he will make a statement on the matter. [48548/09]

1039. Deputy Ruairí Quinn asked the Minister for Education and Science if he has made funding available for outreach services to victims of residential abuse based in the United Kingdom; if funding will continue for these services in 2010 and into the future; and if he will make a statement on the matter. [1011/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1024 and 1039 together.

521 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

My Department has provided funding for the past number of years to the Federation of Irish Societies and to the Outreach Centres in the UK for survivors of residential abuse. The current position is that my Department has sought proposals for 2010 from the Outreach Centres in the UK and from Irish based support groups. Once all such proposals have been received and considered, my Department will be deciding on funding for this year having regard to the overall budgetary allocation. The question of funding of groups representing survivors into the future will be considered later this year.

Schools Building Projects. 1025. Deputy Emmet Stagg asked the Minister for Education and Science the reason the priority status promised to a school (details supplied) in County Kildare in respect of the building of an autistic spectrum disorder unit at the school, has been reneged upon; if his attention has been drawn to the fact that the school enrolled autistic spectrum disorder students in good faith who are located in the school library whilst awaiting the promised permanent accommodation; and if he will now sanction funding as promised thus enabling other pupils of the school to have access to the school library. [48552/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm the school to which the Deputy refers has made an application to my Department for Major Capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and has been assigned a Band 1 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Departmental Funding. 1026. Deputy Finian McGrath asked the Minister for Education and Science if he will support a matter (details supplied) in Dublin 5. [48554/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Revised Programme for Government provides for a number of specific measures in the education sector including a commitment to no further increase in the pupil teacher ratio for the lifetime of the Govern- ment, 500 teaching posts over the next three years, funding sufficient to expand NEPs psychol- ogist numbers to 210, standard capitation grants to schools being maintained and an extra allocation being made available to schools for needs such as book rental schemes and curricular activities. In addition it provides for the development of a costed multi-annual plan to

522 Questions — 19 January 2010. Written Answers implement some priority aspects of the Education for Persons with a Special Educational Need (EPSEN) Act focusing on measurable, practical progress in education and health services for children with special needs. Following consultation with the education partners it is proposed that 200 of the teaching posts will be allocated in the current school year, 100 to each of the sectors, primary and post primary. My Department has met the education partners to discuss the criteria to use to allocate the posts with each sector. All the education partners were anxious to ensure that the allocation criteria are clear and transparent and, where possible, the posts should be allocated in a manner that minimises the administrative burden for schools and the Department. I am pleased to inform the Deputy that €13 million of additional grant support has been made available in Budget 2010, which will be made available to schools to allocate to books and curricular activities. This is in addition to the €7 million that was allocated to DEIS schools for books in 2009. My officials will be consulting with the management bodies to consider the details of how these funds will be channelled to schools having regard to the desirability of streamlining grant payments. Schools will be advised of the arrangements following this process. Children with special educational needs will continue to receive an education appropriate to their needs. The NCSE will continue to allocate teaching and special needs assistant resources in line with my Department’s policy to enable schools support pupils with special educational needs.

Question No. 1027 answered with Question No. 1005.

Departmental Meetings. 1028. Deputy Ruairí Quinn asked the Minister for Education and Science the reason his officials (details supplied) failed to attend a meeting organised by the Department of Justice, Equality and Law Reform on 14 December 2009; the further reasons he did not take this issue seriously; and if he will make a statement on the matter. [48570/09]

Minister for Education and Science (Deputy Batt O’Keeffe): At the outset,I wish to refute the Deputy’s suggestion that the inadvertent non-attendance of my officials at the meeting in question was not taken seriously. The non-attendance of my official arose from a diary mix- up. Once aware of the error, the official concerned contacted the representative from the Justice for Magdalene group to explain the position and, if possible, to arrange another meeting. As the representative in question was travelling back to the United States early the following morning, the only available time was a fifteen minute slot a short time later that evening between other scheduled meetings. As the official in question is based in Athlone it wasn’t logistically feasible to meet that evening. My official offered to meet with the representative at the earliest possible juncture on his next visit to Ireland and this offer remains open.

Institutes of Technology. 1029. Deputy Michael D. Higgins asked the Minister for Education and Science if his attention has been drawn to an issue at Galway Mayo Institute of Technology where Fáilte Ireland removed funding to students of the total immersion chef programme; his views on the proposal made by Galway Mayo Institute of Technology student’s union that these students be allowed to apply for vocational education committee grants; and if he will make a statement on the matter. [48585/09]

523 Questions — 19 January 2010. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): I understand that Fáilte Ireland is engaged in discussions with Institutes of Technology Ireland and the Higher Education Auth- ority in relation to the future management and administration of the programmes in question and the levels of award to be made to participants. However, responsibility for the management of these programmes and related discussions is a matter for Fáilte Ireland and I have no role in the matter. My Department’s student grant schemes, including the maintenance grant scheme for third level trainees, are fully means tested and therefore cannot replace Fáilte Ireland’s scheme of attendance-based monthly allowances which are not means tested.

School Transport. 1030. Deputy Dan Neville asked the Minister for Education and Science his views on the case of a child (details supplied) in County Limerick regarding free school transport. [48590/09]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): Under the terms of my Department’s Primary School Transport Scheme, pupils who reside 3.2 kilometres or more from, and are attending, their nearest national school as determined by my Department, are eligible for free school transport. The position in this case is that the child referred to by the Deputy, in the details supplied, is not attending his nearest national school and, therefore, is not eligible for free school transport. In that regard, it is not possible, under the terms of the scheme to waive the charge for concessionary transport.

Schools Building Projects. 1031. Deputy Fergus O’Dowd asked the Minister for Education and Science if he has any plans for an all-Irish post primary gaelscoil in south Louth and east Meath area; and if he will make a statement on the matter. [48618/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Forward Planning Section of my Department is in the process of carrying out detailed analysis of over 40 locations of highest population growth in order to identify the school accommodation requirements up to and including the school year 2014/2015. When the required reports have been completed for these initial areas selected the Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country. Overall post-primary accommodation requirements in the South Louth and East Meath, including the case for the provision of a new Irish language post-primary school, will be considered in this regard.

1032. Deputy Paul Connaughton asked the Minister for Education and Science the position regarding the proposed new primary school at Cahergal, Tuam, County Galway; if funding is available to build the school; if his attention has been drawn to the overcrowding at the present school; if a new site has been selected and funding allocated for same; and if he will make a statement on the matter. [48633/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that the school to which the Deputy refers has made an application to my Department for Major Capital funding for a new school building. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a Band 2 rating.

524 Questions — 19 January 2010. Written Answers

Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. In the meantime, a 2.54 acre site was purchased by my Department to supplement the existing 0.48 acre site to provide a site for a new 6 classroom school. The site purchase has closed and the site is been transferred to me as Minister for Education and Science. The process of registering the site is underway.

Higher Education Grants. 1033. Deputy Paul Connaughton asked the Minister for Education and Science if the student maintenance grant awarded to a person (details supplied) in County Galway will be reduced in 2010 as a result of budget 2010; and if he will make a statement on the matter. [48637/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As announced in the Budget, a reduction of 5% is being applied to the rates of student grants and scholarships. The reduction will be implemented in respect of all existing and new grant-holders from January 2010. This reduction is in line with reductions in other income maintenance payments including those for the unemployed. Students currently in receipt of the BTEA or VTOS allowances and the maintenance grant will continue to be eligible for both payments for the duration of their current course provided they meet the terms and conditions of the scheme.

School Enrolments. 1034. Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 9. [1000/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The question of enrolment in individual schools is the responsibility of the managerial authority of those schools. My Depart- ment’s main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice. It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act, 1998. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

525 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the rights of parents to send their children to a school of the parents choice are respected. Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Vocational Educational Committee or to the Secretary General of my Department. The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB advises parents to apply to more than one school in order to assist in securing a school placement. The Board can be contacted at National Educational Welfare Board, National Head- quarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

Schools Building Projects. 1035. Deputy Brian Hayes asked the Minister for Education and Science if 14 primary schools were built and four extensions or refurbishments of primary schools were carried out in 2009. [1001/10]

1036. Deputy Brian Hayes asked the Minister for Education and Science the number of primary schools that were built in each year over the past five years; the relevant information for major school extensions or refurbishments over the same period on a year by year basis; and if he will make a statement on the matter. [1002/10]

1069. Deputy Brian Hayes asked the Minister for Education and Science the number of permanent classrooms delivered to schools in each year over the past five years as part of the schools building programme; and if he will make a statement on the matter. [1264/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1035, 1036, and 1069 together. The total number of large scale building projects that reached practical completion in the primary school sector during the five year period 2005 to 2009 is 260. In 2009 a total of 20 new schools were completed and these provided 212 permanent mainstream classrooms. 6 large scale extension/refurbishment projects were completed in the same year and these provided a further 38 permanent mainstream classrooms. In 2008 a total of 48 new schools were completed and these provided 486 permanent mainstream classrooms. 29 large scale extension/refurbishment projects were completed in the same year and these provided a further 104 permanent mainstream classrooms. In 2007 a total of 12 new schools were completed and these provided 134 permanent mainstream classrooms. 25 large scale extension/refurbishment projects were completed in the same year and these provided a further 93 permanent mainstream classrooms. In 2006 a total of 8 new schools were completed and these provided 99 permanent mainstream classrooms. 34 large scale extension/refurbishment projects were completed in the same year and these provided a further 121 permanent mainstream classrooms. In 2005 a total of 12 new schools were completed and these provided 106 permanent mainstream classrooms. 66 large scale extension/refurbishment projects were completed in the same year and these provided a further 162 permanent mainstream classrooms.

526 Questions — 19 January 2010. Written Answers

In addition to the construction of permanent mainstream classrooms that are delivered by way of large scale projects, permanent mainstream classrooms are also provided in the primary sector under various devolved schemes that feature in the School Building Programme. Under devolved schemes in 2009 a total of 364 permanent classrooms were constructed. Under devolved schemes in 2008 a total of 410 permanent classrooms were constructed. Under devolved schemes in 2007 a total of 266 permanent classrooms were constructed. Under devolved schemes in 2006 a total of 204 permanent classrooms were constructed. Under devolved schemes in 2005 a total of 129 permanent classrooms were constructed.

Question No. 1037 answered with Question No. 986.

Residential Institutions Redress Board. 1038. Deputy Ruairí Quinn asked the Minister for Education and Science his plans regarding allocating a proportion of the new funds promised by the 18 religious teaching orders indemni- fied by the Residential Institutions Redress Board towards survivors based in the United Kingdom; and if he will make a statement on the matter. [1010/10]

1041. Deputy Ruairí Quinn asked the Minister for Education and Science if he will provide a breakdown of the proposed contributions from each religious order under the headings of cash or money, properties and counselling services concerning the audit of assets held by religious orders covered by the Residential Institutions Redress Board; and if he will make a statement on the matter. [1019/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1038 and 1041 together. The present position is that I have received individual responses from the 18 religious congregations that were party to the 2002 Indemnity Agreement, to the call for them to make further substantial contributions by way of reparation, following publication of the Ryan Report. I will be bringing details of the congregations’ offers of contributions, together with the report of the Panel appointed by the Government to assess the Statements of Resources submitted by the Religious Congregations, to the attention of the Government at the earliest opportunity. The arrangements for the publication of the Panel’s Report and the offers of contributions from the religious congregations will be considered by the Government. The uses to which the contributions will be put will be considered by the Government, in consultation with the representatives of the survivors and the congregations.

Question No. 1039 answered with Question No. 1024.

Education Welfare Service. 1040. Deputy Ruairí Quinn asked the Minister for Education and Science if the National Education Welfare Board has received correspondence (details supplied) about children failing to attend school; the action the NEWB is taking in this particular community to tackle this problem; and if he will make a statement on the matter. [1013/10]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): The National Educational Welfare Board (NEWB) was established under The Education (Welfare) Act, 2000 as the statutory body with responsibility for school attendance. The Act provides a comprehensive framework which promotes regular school attendance and tackles the problems

527 Questions — 19 January 2010. Written Answers

[Deputy Seán Haughey.] of absenteeism and early school leaving. The general functions of the Board are to ensure that every child attends a recognised school or otherwise receives a certain minimum education. In May 2009, I announced plans for the integration of educational services under the remit of the National Educational Welfare Board (NEWB) with effect from the 1st September 2009. The integration brings together the Home School Community Liaison (HSCL), the School Completion Programme (SCP) and the Visiting Teacher Service for Travellers (VTST) as well as the National Educational Welfare Service under one common management team thereby providing for a single, more focused, strategic direction to tackle attendance, participation and retention at local, regional and national levels reflecting equally the nature and strength of each of the services. The Board has a full time Educational Welfare Officer addressing school attendance issues for all schools on the Northside of Limerick City. The EWO works as part of a local team and in collaboration with a number of agencies in the area including; SCP, HSCL, VTST, Health Services Executive, the Gardaí, and local Youth Initiatives. Visiting families in their homes to offer advice and assistance is one of the primary forms of intervention of the NEWB. The Moyross area of Limerick is designated under the Limerick Regeneration Programme. The EWO is also involved in a number of local initiative addressing educational disadvantage. These include the following:

• Moyross based weekly NEWB advice and support clinic

• Member of Northside Youth Forum (targeting young people at risk)

• Active Member of University of Limerick School based programme — St Nessans Com- munity College.

• Active Member of Regeneration schools groups

The NEWB has advised that it received the correspondence, referred to by the Deputy, in December 2009. The correspondent expressed concerns about local children who were allegedly involved in anti social behaviour and who were allegedly out of the education system. The NEWB together with other agencies in Limerick is following up on the educational welfare concerns raised in the correspondence. The Board also informed me that in its response it advised the correspondent that issues of anti-social behaviour should be referred to the appropriate authorities.

Question No. 1041 answered with Question No. 1038.

Higher Education Grants. 1042. Deputy Brian Hayes asked the Minister for Education and Science if he will establish the current number of outstanding applications for grants which have to date in 2010 not been awarded by the relevant authority for the 2009-2010 college year in respect of the 66 awarding bodies for higher education grants to students. [1030/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy has been supplied to my Department by the local authorities and the Vocational Education Committees. The attached table displays the number of new applications in respect of which processing had not commenced. It is not possible to establish the number of these unprocessed applications which will lead to awards.

528 Questions — 19 January 2010. Written Answers

Local Authority New Applications where processing has not commenced as at 08.01.10

Carlow 0 Cavan 10 Clare 0 Cork City 0 Cork Co 183 Donegal 0 Dublin City 550 Dun Laoghaire 223 Fingal Co Co 0 Dublin South Co Co 76 Galway Co 0 Kerry 845 Kildare 496 Kilkenny 0 Laois 0 Leitrim 0 Limerick City 13 Limerick Co 0 Longford 0 Louth 0 Mayo 446 Meath 7 Monaghan 0 Offaly 29 Roscommon 0 Sligo 0 Tipperary NR 0 Tipperary SR 0 Waterford City 0 Waterford Co 85 Westmeath 0 Wexford 11 Wicklow 0

Total 2,974

VEC New Applications where processing has not commenced as at 08.01.10

Carlow 0 Cavan 0 Clare 50 Cork City 0 Cork Co 1578 Donegal 0 Dublin City 389

529 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.] VEC New Applications where processing has not commenced as at 08.01.10

Dun Laoghaire 0 Co Dublin 2118 Galway City 0 Galway Co 0 Kerry 0 Kildare 0 Kilkenny 0 Laois 0 Leitrim 11 Limerick City 0 Limerick Co 0 Longford 0 Louth 0 Mayo 659 Meath 0 Monaghan 10 Offaly 0 Roscommon 0 Sligo 45 Tipperary NR 2 Tipperary SR 0 Waterford City 142 Waterford Co 8 Westmeath 0 Wexford 0 Wicklow 235

Total 6,582

Third Level Sector. 1043. Deputy Ruairí Quinn asked the Minister for Education and Science when he expects the review of the third level sector to be completed; and if he will make a statement on the matter. [1039/10]

1044. Deputy Brian O’Shea asked the Minister for Education and Science if the strategy group on higher education has reported to him; and if he will make a statement on the matter. [1044/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1043 and 1044 together. The High Level Strategy Group under the Chairmanship of Dr Colin Hunt which I established in February 2009 to develop a new strategy for higher education has met on 9 occasions to date. More than 100 submission were received from the first round of public consultation which was completed over last Summer, and these are available on the Higher Education Authority website: www.hea.ie. The Group has also met with a wide range of stakeholders and I understand that further consultation is planned over the coming number of weeks. I anticipate that the Group will require further meetings thereafter to finalise its report. 530 Questions — 19 January 2010. Written Answers

Question No. 1045 answered with Question No. 1016.

Higher Education Grants. 1046. Deputy Joe McHugh asked the Minister for Education and Science the reason third level grants and the millennium fund are being cut; if he plans to reverse these cuts; his views on whether these schemes are the only paths to education for many persons; and if he will make a statement on the matter. [1056/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will recall that measures had to be taken in the Budget to safeguard the future payment of income supports in the welfare system by reducing the levels of payments. Similarly, the reductions in the rates of student grants were necessary to ensure that the system is not extended beyond what current resources will allow. The Millennium Partnership Fund, introduced by the Government from 2000, was disbursed by local Partnership Companies in disadvantaged areas, mostly in the form of small grants to individual students to cover costs of items such as books and travel. Most students in receipt of support from the fund will continue to qualify for the means-tested student maintenance grant and many will benefit from the significantly higher special rate of grant. In addition, the Student Assistance Fund, administered by access officers in the individual institutions, will continue to be available to meet costs in hardship cases for items such as books and travel at third level.

Schools Building Projects. 1047. Deputy Charles Flanagan asked the Minister for Education and Science the position regarding the proposed building project at a school (details supplied) in County Laois; and if he will make a statement on the matter. [1075/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently at an advanced stage of architectural planning. The proposed building project will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

1048. Deputy Paul Kehoe asked the Minister for Education and Science the position regarding a new school at a location (details supplied); and if he will make a statement on the matter. [1096/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The new post primary school project for Gorey, Co. Wexford is one of eight schools which I approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership. This bundle is in the pre procurement stage. Detailed output specifications and Public Sector Benchmark (PSB) are being finalised and outline planning permission has been received in the case of seven of the eight schools. Work is continuing on securing outline planning permission on the remaining school site. On successful completion of this process, it is my intention that the Bundle will be handed over to the National Development Finance Agency (NDFA) for procurement. The indicative timeframe for the delivery of a PPP school currently stands at approximately 4 years from the date the Bundle is announced.

531 Questions — 19 January 2010. Written Answers

School Transport. 1049. Deputy Jack Wall asked the Minister for Education and Science further to Parliamen- tary Question No. 332 of 1 December 2009, the position regarding same; if he has had further contact from the company; and if he will make a statement on the matter. [1097/10]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): My Department has consulted with Bus Éireann which is responsible for the operation of the school transport scheme. Bus Éireann is satisfied, in so far as possible, that the pick up point is safe. I should also say that it is the responsibility of parents to ensure that their children are brought to and collected from bus pick up points. The children referred to by the Department will have to continue to make their way to the designated pick up point.

Schools Building Projects. 1050. Deputy Brian Hayes asked the Minister for Education and Science further to Parliamentary Question No. 404 of 15 December 2009, if the five further construction school projects identified by him which were due to commence construction on site before the end of 2009, have commenced on site on or before this date. [1099/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I informed the Deputy on the 15th of December 2009 that I expected “up to 5 further projects will commence on site before the end of 2009”. Two of the five projects commenced on site in late 2009. The remaining three projects experienced delays due to the adverse weather conditions over the Christmas period. However I am please to inform the Deputy that the remaining three projects subsequently commenced on site in the first week of January.

School Patronage. 1051. Deputy Ruairí Quinn asked the Minister for Education and Science the ethos and organising bodies of the patrons of schools (details supplied); the religious ethos to which these schools adhere; the reason these organisations were recognised as patrons; and if he will make a statement on the matter. [1110/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy lists two patron bodies, who applied for and received provisional recognition for the schools as listed by the Deputy. The schools referred to are classified as having a multi-denominational ethos. The first body is a limited company, who follows the Steiner ethos of education and received provisional recognition for two schools under the New Schools Advisory Committee’s process. The second body is a registered company with charitable status, whose approach to education is based on putting philosophical principles into practice in education. Provisional recognition was granted to all of the schools in question on the basis that both patron bodies would abide by the rules and regulations of the Department of Education & Science in relation to Patronship/ Board of Management, teacher qualifications, curriculum, admissions policy, viability, procedures for the appointment of teaching staff, and that the Education Act 1998 and the Rules for National Schools would be complied with.

Grant Payments. 1052. Deputy Joe Carey asked the Minister for Education and Science the position regarding

532 Questions — 19 January 2010. Written Answers his decisions made during 2009 in relation to Protestant fee paying schools; and if he will make a statement on the matter. [1113/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I have repeatedly stated my, and the Government’s, commitment to supporting Protestant education while at the same time ensuring that funding arrangements for schools under Protestant management are in accordance with the provisions of the Constitution. Indeed, it is in order to deal with the concerns expressed by some members of the Protestant community of the effect of changes to certain funding arrangements on Protestant second-level schools that I have sought to ensure the direct engagement with those involved in Protestant education in identifying and resolving issues collaboratively. I have had meetings with a number of groups on this issue. On 21 October, I met with the Committee on Management for Protestant Schools. I extended an invitation to that committee to join a working group with my officials to identify particular measures to support the schools and consider options that might deal with their needs. Regrettably, the committee declined my invitation. While that is the case, discussions have taken place between senior Department officials and representatives of the Church of Ireland Bishops. Discussions were held as recently as 13 January, and it is planned that those discussions will continue for the purpose of identifying a range of measures to address the needs of the schools. I earnestly believe that it is through engagement between representatives from the Protestant education sector and my officials that solutions tailored to meet the concerns can be identified.

Departmental Expenditure. 1053. Deputy Ruairí Quinn asked the Minister for Education and Science further to Parliamentary Question No. 498 of 13 October 2009, the comparative average rental costs in respect of prefabs for the financial years 2008 and 2009; if his attention has been drawn to the fact that the 2010 financial year has commenced and as such, the figures for 2009 should be accessible; and if he will make a statement on the matter. [1116/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The average annual rental cost for a standard temporary classroom unit for 07/08 school year was €15,428. The average cost for the same unit in 08/09 was €15,125, a reduction of almost 2%. The cost per unit varies significantly depending on the location, size, type and age of each unit. Another factor which needs to be considered is that in 07/08 the VAT rate for rental of temporary accommodation was 21%. In 08/09 this rate rose to 21.5%. Therefore, a portion of the savings in rental costs was offset by this VAT increase. The amount spent on the rental of temporary accommodation in 2008 was almost €53m. In 2009, expenditure on the rental of temporary accommodation fell significantly to €39m, a saving of €14m over 2008. One change in policy that has been implemented is to grant aid the purchase (rather than rental) of temporary accommodation where the need for such accommodation is likely to exist for more than 3 years. Furthermore, since July 2008, it is my policy to offer schools being approved for grant aid for temporary accommodation the option to use their capital grant aid to build a permanent classroom(s) rather than purchase a prefab. These policies will reduce the usage of temporary accommodation and, particularly, the incidence of long term rental of prefabs and have contributed to the saving of €14m on annual expenditure on rental of temporary accommodation in 2009 as compared to 2008.

533 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

In addition, my Department has engaged a specialist firm to develop new procedures and systems for the provision of temporary accommodation with a view to achieving best value for money. Work is well underway and the firm of specialists is working closely with officials in the Planning and Building Unit of my Department. The review incorporates the development of standard specifications for temporary accommodation, the development of new contractual terms to incorporate buy-out and relocation options to cater for individual local circumstances and appropriately protect the interests of the Department and school authorities. My Depart- ment has received a draft of a new contract for the provision of temporary accommodation which is currently under consideration. The work on the development of standard specifications is also well advanced. Another strand of the review is negotiations with prefab suppliers to buy out existing rental contracts or reductions in annual rent, as appropriate. An initial group of 46 schools with rented prefabricated accommodation has been identified for priority negotiations with suppliers to buy out existing rental contracts. A number of these prefabs have now been bought-out and negotiations are ongoing with a view to ending rental contracts for as many schools as possible in 2010. In the meantime, schools proposing to rent temporary accommodation must seek competitive quotes from suppliers which should allow them to take advantage of competitive market prices.

Schools Building Projects. 1054. Deputy Seán Sherlock asked the Minister for Education and Science if he has revised the band rating of a school (details supplied) in County Cork which has requested capital funding; and if he will make a statement on the matter. [1131/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that a review of the band rating was carried out of the school to which the Deputy refers. The project has been awarded a Band 1.1 priority rating. A letter advising the school issued on 18 December 2009 . However, the progression of all large scale building projects, including this project, from initial design stage through to construction is dependant on the prioritisation of competing demands on the funding available under the Department’s capital budget. The proposed building project for this school, will be considered in the context of my Depart- ment’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years.

Higher Education Grants. 1055. Deputy James Bannon asked the Minister for Education and Science when a decision on an appeal in respect of a person (details supplied) in County Longford regarding a post leaving certificate maintenance grant will be made; and if he will make a statement on the matter. [1138/10]

534 Questions — 19 January 2010. Written Answers

1056. Deputy James Bannon asked the Minister for Education and Science the reason a person (details supplied) in County Longford has not received a third level trainee maintenance grant; and if he will make a statement on the matter. [1139/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department. No appeal has been received by my Department to date from the candidate referred to by the Deputy.

1057. Deputy James Bannon asked the Minister for Education and Science the reason a person (details supplied) in County Longford has not received a higher education grant; and if he will make a statement on the matter. [1140/10]

535 Questions — 19 January 2010. Written Answers

Schools Building Projects. 1058. Deputy Mary Upton asked the Minister for Education and Science the position regarding the request for a school extension by a school (details supplied) in Dublin 6w; and if he will make a statement on the matter. [1164/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is at an advanced stage of architectural planning. Representatives from the school and the design team attended a stage 2(b) briefing which was held in my Department’s offices in Tullamore on 12 November 2009. Thereafter, a letter issued to the school authorising the design team to prepare and submit stage 2b documentation (detailed design/tender documents). The school has advised that this documentation will be submitted by the end of February 2010. As I have indicated previously to the House, I am currently in the process of reviewing my Department’s school building and modernisation programme with my officials. The school to which the Deputy refers will be considered in this context. I intend making a further announcement on the school building programme when that review has been completed.

Language Schools. 1059. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science the legislation and regulations that are in place governing the operation of language schools by private organisations for foreign students here; and if he will make a statement on the matter. [1175/10]

Minister for Education and Science (Deputy Batt O’Keeffe): To date, the English language sector has been regulated on a voluntary basis by the Advisory Council for English Language Schools, a company limited by guarantee which operated under the aegis of my Department. As I announced last year, under the new framework for promotion and regulation of international education, the forthcoming amalgamated qualifications agency, and, in the interim, the National Qualifications Authority of Ireland (NQAI), will have responsibility for regulation of international education programmes. As part of this, the staff and functions of ACELS transferred to the NQAI on 1 January 2010. The NQAI, under the ACELS brand, which continues to have strong international recognition, will now provide the voluntary quality assurance and inspection scheme for private sector English language schools. Schools which comply with the ACELS quality assurance and inspection scheme are approved by my Department for the purpose of providing English language programmes in the private sector. The conditions for recognition of schools are available on the website www.acels.ie. In April 2005 my Department established an Internationalisation Register which sets out programmes approved for the purpose of access to work by students who are citizens from outside the EU, EEA and Switzerland. Under the immigration regime, such students will only be given access to work if they are attending full time programmes on the Register. The criteria for inclusion require that the programme be full-time, at least 15 hours per week for a minimum of 25 weeks, and lead to a nationally recognised award, or its international equivalent. Langu- age programmes which meet the duration criteria and are approved under the ACELS quality assurance and inspection scheme are also eligible for inclusion on the Register, provided they offer assessment for students at the end of the programme using recognised language pro- ficiency test instruments. The criteria for inclusion are included in an Information Note, along with the Internationalisation Register, on the Department’s website at www.education.ie. The

536 Questions — 19 January 2010. Written Answers register is updated on a monthly basis. Responsibility for the register will shortly be transferred to the National Qualifications Authority of Ireland. Government recently approved the General Scheme of the Qualifications (Education and Training) Bill, which provides for the amalgamation of organisations involved in qualifications and quality assurance in higher and further education and training (i.e. the National Qualifi- cations Authority of Ireland, the Higher Education and Training Awards Council and the Further Education and Training Awards Council). The Bill will provide for the setting up by the new agency of a Quality Mark and Code of Practice for the provision of educational services to international students. Education and training providers, including language schools, will be able to apply for a Quality Mark based on their compliance with the Code of Practice, which will cover such issues as treatment of fees and support services for international students. Additional measures will apply to providers of English language courses.

Higher Education Grants. 1060. Deputy Michael Creed asked the Minister for Education and Science if he will provide details of any financial support that will be offered to a person (details supplied); and if he will make a statement on the matter. [1179/10]

1061. Deputy Róisín Shortall asked the Minister for Education and Science the statutory provision that allows a local authority to refuse an application for a higher education maintenance grant to an undergraduate on the basis that they have a previous primary degree and that person did not previously benefit from a higher education maintenance grant. [1201/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The statutory framework for the Higher Education Grant Scheme, as set out in the Local authorities (Higher Education Grants Acts, 1969 to 1992, provides for means-tested higher education grants in order to assist students to attend full-time third level education. The statutory framework provides that “persons comply with such other requirements as may from time to time be prescribed by the Minister” (Section 2(1)(d) of the 1968 Act). Under the terms of the Third Level Student Support Schemes, a student is not eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether or not a grant was paid previously.

537 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

The objective of the student grant schemes is to assist as many students as possible in obtaining one undergraduate degree and in progressing, where appropriate, to postgraduate studies. There are no plans at present to change the current arrangements. Any such proposal would have to be considered in the light of existing resources and other competing demands in the education sector.

Schools Building Projects. 1062. Deputy Frank Feighan asked the Minister for Education and Science if he will expedite the provision of the new school in Ballinamore in County Leitrim, in view of the fact that the current school, Mean Scoil Fatima, has been severely damaged by fire; if he will provide suitable accommodation in the interim for the students as a matter of urgency; and if he will make a statement on the matter. [1214/10]

1063. Deputy Frank Feighan asked the Minister for Education and Science if he will bring forward PPS scheme in relation to Ballinamore new post primary school, County Leitrim, in view of fire destruction during the Christmas period of more than six classrooms of one of the three constituent buildings that were supporting the school set up there; and if he will make a statement on the matter. [1222/10]

1079. Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No 1268 of 16 September 2009, and in view of a recent fire on the existing campus, if she will expedite this project; and if he will make a statement on the matter. [1405/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1062, 1063 and 1079 together. The new post primary school project for Ballinamore, Co Leitrim, is one of eight schools which I approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership. This bundle is in the pre procurement stage. Detailed output specifications and Public Sector Benchmark (PSB) are being finalised and outline planning permission has been received in the case of seven of the eight schools. Work is continuing on securing outline planning permission on the remaining school site. On successful completion of this process, it is my intention that the Bundle will be handed over to the National Development Finance Agency (NDFA) for procurement. The indicative timeframe for the delivery of a PPP school currently stands at approximately 4 years from the date the Bundle is announced. It is not possible to expedite any one school as the nature of the Public Private Partnership process is that the schools will be delivered as a bundle. My Department has been advised by the school authority that the students displaced because of the recent fire can be accommodated within the existing school buildings in the immediate future. My Department will continue to work with the school should the need for additional temporary accommodation become necessary.

Schools Refurbishment. 1064. Deputy Olwyn Enright asked the Minister for Education and Science when a decision

538 Questions — 19 January 2010. Written Answers will be made on an application for capital grant aid under the summer works scheme 2010 by a school (details supplied) in County Offaly; and if he will make a statement on the matter. [1225/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The timetable for the Summer Works Scheme (SWS) 2010 has been published as part of the governing Circular Letter for the Scheme. This Circular Letter (0057/2009) is available on my Department’s website www.education.ie. In accordance with the timetable, it is my intention to publish a list of successful SWS applicants in the Spring.

Higher Education Grants. 1065. Deputy Deirdre Clune asked the Minister for Education and Science the number of applications for education grants in 2009; the number of applications processed by 30 September 2009; the number processed by 31 December 2009; if he will provide this information in tabular form broken down by county; and if he will make a statement on the matter. [1231/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy has been supplied to my Department by the local authorities and the Vocational Education Committees. The table displays the number of new applications received as at the 8th January 2010, the number of new applications in respect of which processing had commenced as at the 27th November 2009 and as at the 8th January 2010, as the information was not available from the awarding bodies for the dates specified by the Deputy.

Local Authority New Applications New Applications where New Applications where Received 2009/10 as at processing had processing had 08/01/2010 commenced by 27/11/09 commenced by 08/01/2010

Carlow 203 158 203 Cavan 333 161 323 Clare 612 388 612 Cork City 563 362 563 Cork Co 1,439 454 1,256 Donegal 660 538 660 Dublin City 1,994 1,000 1,444 Dun Laoghaire 713 300 490 Fingal Co Co 895 443 895 Dublin South Co Co 699 502 623 Galway Co 2,135 1,767 2,135 Kerry 1,396 380 551 Kildare 841 304 345 Kilkenny 408 308 408 Laois 376 233 376 Leitrim 225 190 225 Limerick City 259 196 246 Limerick Co 543 480 543 Longford 222 163 222 Louth 429 143 429

539 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.] Local Authority New Applications New Applications where New Applications where Received 2009/10 as at processing had processing had 08/01/2010 commenced by 27/11/09 commenced by 08/01/2010

Mayo 966 363 520 Meath 622 338 615 Monaghan 276 233 276 Offaly 253 201 224 Roscommon 436 363 436 Sligo 337 265 337 Tipperay NR 286 204 286 Tipperary SR 414 248 414 Waterford City 192 121 192 Waterford Co 511 348 426 Westmeath 418 311 418 Wexford 496 279 485 Wicklow 673 373 673

Total 20,825 12,251 17,851

VEC New Applications New Applications where New Applications where Received 2009/10 as at processing had processing had 08/01/2010 commenced by 27/11/09 commenced by 08/01/2010

Carlow 551 447 551 Cavan 853 690 853 Clare 1,078 684 1,028 Cork City 1,290 1,149 1,290 Cork Co 2,494 539 916 Donegal 2,024 731 2,024 Dublin City 2,544 560 2,155 Dun Laoghaire 417 363 417 Co Dublin 2,595 176 477 Galway City 720 619 720 Galway Co 1,834 1,243 1,834 Kerry 1,896 1,412 1,896 Kildare 1,136 699 1,136 Kilkenny 906 543 906 Laois 628 532 628 Leitrim 432 415 421 Limerick City 600 584 600 Limerick Co 953 664 953 Longford 754 634 754 Louth 1,071 967 1,071 Mayo 1,725 843 1,066 Meath 1,209 784 1,209 Monaghan 799 612 789 Offaly 615 494 615 Roscommon 858 755 858 Sligo 986 746 941 Tipperay NR 1,098 777 1,096

540 Questions — 19 January 2010. Written Answers

VEC New Applications New Applications where New Applications where Received 2009/10 as at processing had processing had 08/01/2010 commenced by 27/11/09 commenced by 08/01/2010

Tipperary SR 762 586 762 Waterford City 608 429 466 Waterford Co 503 411 495 Westmeath 858 574 858 Wexford 1,624 1,401 1,624 Wicklow 1,155 634 920

Total 37,576 22,697 32,329

1066. Deputy Deirdre Clune asked the Minister for Education and Science if consideration has been given to changing the existing educational grant application system so that applications can be made and the granting authorities can begin processing the claims earlier in the year; and if he will make a statement on the matter. [1232/10]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department is actively engaged in a programme of administrative and legislative reform of student grants. A business process re-engineering exercise is being conducted in respect of the administration of student grants. This exercise, being undertaken as part of the Government’s Trans- forming Public Services initiative, will involve an analysis of the existing schemes, services, processes and procedures to identify the improvements that can be made. It is designed to effect an enhancement both of the quality of customer service and the efficiency and value for money of service delivery. Alongside this initiative, the Department is engaged in the development of a new, more user-friendly application form for student grants. As part of the overall programme of reform, it is planned to make application forms available a good deal earlier in the year so that students can submit grant applications following completion of the CAO process. It is also planned to introduce earlier closing dates so that the process of assessing grant applications can be brought forward significantly to enable early decisions on grant applications to be made by the awarding authorities.

Question No. 1067 answered with Question No. 986.

Departmental Expenditure. 1068. Deputy Richard Bruton asked the Minister for Education and Science the savings outlined in the Report of the Special Group on Public Numbers and Expenditure Programmes which were accepted in budget 2010 for his Department in tabular form; the savings which will be achieved in 2010; and if he will make a statement on the matter. [1254/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Thedetermination of the expenditure allocation for my Department for 2010, as set out in Budget 2010, included consideration of the recommendations made in the report of the Special Group on Public Service Numbers and Expenditure Programmes. The gross expenditure allocation for my Department for 2010, which at €8.888 billion represents a reduction of some 5% over the provisional outturn for 2009, took account, inter alia, of a number of recommendations made by the Special Group. These recommendations, together with estimated savings yields for 2010, are set out in the table. The recommendations made by the Special Group in relation to the merger and rationalisation of bodies and agencies under the aegis of Government Departments will shortly be further considered by Government.

541 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.] Department of Education and Science

Budget 2010 — Recommendations of Comment regarding allocation for 2010 2010 Saving report of the Special Group on Public Service Numbers and Expenditure Programmes

€m Staffing efficiencies in the primary/post- Savings from cessation of supply teacher scheme at 21.4 primary sectors primary level and changes to uncertified sick leave for teachers. In addition, €20m arising as a result of estimating reductions in light of projected 2009 outturn.

Reduction in the number of Special While savings will arise due to a reduction in the Needs Assistants number of Special Needs Assistants it is not possible at this stage to quantify the amount of these savings until conclusion of the nationwide review of SNA posts being undertaken by the National Council for Special Education. No change has been made to the current criteria for assignment of SNAs.

Integration of Senior Traveller Training Reduction of 300 in number of Senior Traveller 1.0 Training places

Staffing efficiencies across third level Savings estimated in respect of pay and non-pay 50.0 sector efficiencies

Merge Higher Education Authority No merger but HEA allocation reduced 0.8 (HEA) into the Department of Education and Science

Reduction in the allocation for teacher Savings estimated in relation to pre-service teacher 3.0 training colleges education

Reduction in the allocation for Research Partial reduction 4.0 and Development

Reduction in the allocation to the Partial reduction 8.0 Strategic Innovation Fund

Reduction in the allocation to Student 5% reduction in rates of student grants and 14.0 Support Grant scholarships applied, providing €10m in savings. Further €4m in savings effected by removal of eligibility for student support grants from recipients of Back to Education Allowance and certain persons pursuing PLC courses. (Note — overall allocation for student supports for 2010 was increased to take account of an anticipated increase in the number of eligible students at third level).

Reduce allocation to school transport Partial reduction 4.0

Reduce allocation for teacher training & Savings and efficiencies effected in relation to teacher 10.4 funding for education centres in-service education support

Absorb National Council for Special NCSE not absorbed but allocation reduced 2.3 Education (NCSE) into the Department of Education and Science

Reduce allocation to certain Local Drugs Funding for 2010 reduced 1.2 Task Force (LDTF) Projects

Reduction in allocation for National Funding for 2010 reduced 0.9 Council for Curriculum and Assessment

Question No. 1069 answered with Question No. 1035. 542 Questions — 19 January 2010. Written Answers

Question No. 1070 answered with Question No. 986.

State Examinations. 1071. Deputy Leo Varadkar asked the Minister for Education and Science the revenue generated in 2009 to the State Examination Commission from examination fees; the estimated income in 2010; and if he will make a statement on the matter. [1318/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The total receipts from the 3 income strands in 2009 were:

€

Examination Entry Fees 9,125,739.00 Appeal Fees 514,027.00 Fees for Certified Statement of Results 71,909.00

Total Receipts 9,711,675.00

Given that the fee rates for the 2010 Examinations are the same as in 2009 and that candidate numbers are expected to be broadly similar, it is expected that revenues next year will be in line with 2009. The fee income in 2009 represented 14.6% of the overall cost of the examinations.

Trade Union Subscriptions. 1072. Deputy Leo Varadkar asked the Minister for Education and Science if union dues are collected from the payroll of teachers and lecturers; and if he will make a statement on the matter. [1356/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Trade union subscriptions are deducted for teachers employed in primary, secondary, community and comprehensive schools from my Department’s payrolls where a teacher gives their union a mandate for the deduction of fees from salary. This is referred to as a deduction at source arrangement. Teachers employed in community Colleges and VEC schools are paid directly by the relevant VECs and details regarding deduction at source arrangements are held by the individual VECs. Lecturers in third level colleges and universities are paid by the college or university in which they are employed and the details of deductions at source are held by them. I am seeking details on the arrangements that are in place and will ensure that the Deputy is informed of these.

Site Acquisitions. 1073. Deputy Leo Varadkar asked the Minister for Education and Science the progress that has been made in acquiring a school site (details supplied) in Dublin 15. [1358/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Local Authority recently advised my officials that the negotiations with the land owner have concluded and they are now exchanging Contracts to complete the sale of a site. My Department, as sought by the Local Authority, has arranged to provide the funding to the Council to enable the transaction to be concluded.

Schools Building Projects. 1074. Deputy Leo Varadkar asked the Minister for Education and Science the progress made on the provision of an extension for a school (details supplied) in Dublin 15. [1359/10] 543 Questions — 19 January 2010. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): A project for the school to which the Deputy refers is currently at the final stage of appointing a Design Team. The school’s preferred design team has been approved by my Department following an open tender competition and contracts for appointment of the design team have been forwarded to the school for completion by the school and the design team. Following the appointment of the design team the project will commence architectural planning without delay.

1075. Deputy Leo Varadkar asked the Minister for Education and Science the progress made on the provision of an extension for a school (details supplied) in Dublin 15. [1360/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently at an advanced stage of architectural planning. This project has a band 1.1 rating and includes the provision of an enhanced community facility in conjunction with Fingal County Council. The Stage 2a submission has recently been approved and the Design Team has been authorised to begin work on Stage 2(b) (Detailed Design). Approval has also been given to the school to seek planning permission. The project is expected to proceed to tender as soon as planning permission has been obtained and the necessary tender documentation prepared. As the timeframe for securing planning permission cannot be guaranteed, it is not possible at this time to be certain as to when this project will proceed to construction. However, assuming that planning permission is granted under the normal conditions, it is intended that the project will be on site at the earliest possible date.

1076. Deputy Leo Varadkar asked the Minister for Education and Science the progress made on the provision of an extension for a school (details supplied) in Dublin 15. [1361/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is at an advanced stage of architectural planning. County Dublin VEC and their design team are currently finalising an application for planning permission and this is expected to be lodged shortly. The proposed building project will be considered in the context of the Department’s multi- annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

School Staffing. 1077. Deputy Eamon Gilmore asked the Minister for Education and Science if he will confirm receipt of an application for a contract of indefinite duration in respect of a person (details supplied) in County Dublin; when a decision will be made on this application; and if he will make a statement on the matter. [1392/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The person referred to by the Deputy has had an application for a contract of indefinite duration post rejected by my Department. The person was employed in a permanent capacity as a clerk typist in a school under the terms of the 1978 scheme. In the 2005/06 school year she applied for a career break to pursue an educational course and was granted the career break. The career break scheme that she availed of clearly states that a career break may not be allowed for the purpose of taking up

544 Questions — 19 January 2010. Written Answers employment in Ireland. Her career break was sanctioned by the Department for the sole purpose of further education part of which required her to teach a specific category of pupils for a minimum number of hours per week. It is not considered that she has the appropriate continuous teaching service in an Oireachtas funded post in the school to be awarded a contract of indefinite duration. The basis of the decision not to reckon her teaching service was that she was simultaneously on a career break from a permanent clerk typist post in the same school for the period that is now claimed as reckonable towards a contract of indefinite duration.

State Examinations. 1078. Deputy Denis Naughten asked the Minister for Education and Science if he will establish a time scale for the introduction of physical education as an examination subject; and if he will make a statement on the matter. [1403/10]

Minister for Education and Science (Deputy Batt O’Keeffe): A revised syllabus in Physical Education as a non-examinable subject at junior cycle was implemented, phased over a 3 year period, beginning in 2003, supported by a comprehensive programme of professional development for teachers. No date was agreed for implementation at senior cycle, and issues concerning the inclusion of PE as an examination subject at Leaving Certificate level remain to be addressed. In the meantime, the National Council for Curriculum and Assessment has made proposals for a fundamental re-structuring of senior cycle into subjects, short courses and transition units. The proposals included the provision of PE as a subject, and the inclusion of a short course in Sports Studies. It was considered that the inclusion of PE as both a subject and Sports Studies short course could only be examined within the broader context of plans for senior cycle reform generally. The Council has continued to undertake further analysis and development work with schools on the issue of senior cycle reform. It currently has a specialist committee working on a syllabus for Leaving Certificate Physical Education. When revised proposals are submitted to my Department, the implementation implications will be examined in the context of the overall priorities and resources available to the education sector at that stage. This Government has worked hard to improve the opportunities for young people to get physical exercise both in school and in their local communities. In a new school building or major refurbishment/extension, PE facilities are included as part of the design, and new PE equipment such as balancing benches and gym mats are funded as part of any major building programme. A special PE funding package of €3 million issued to post-primary schools in 2007, providing a grant of €4,000 per school towards the cost of replacing and upgrading PE equipment. This grant was issued, as a once-off measure, to enable schools to replace older equipment such as goalposts, PE mats, benches etc. So, through an increased focus on exercise in school and in the community, we are working to encourage more children and young people to get active. Indeed, the second ‘State of the Nation’s Children’ report launched by the Minister for Children and Youth Affairs found that children in Ireland are doing well on physical activity, ranking first across the 40 participating countries in being physically active for at least 60 minutes per day for over 4 days per week

Question No. 1079 answered with Question No. 1062.

545 Questions — 19 January 2010. Written Answers

Child Protection. 1080. Deputy Ruairí Quinn asked the Minister for Education and Science if it is the policy of his Department’s inspectorate to examine child protection policies and related files or to accept the assurances that a school has child protection policies in place during a whole school evaluation; and if he will make a statement on the matter. [1420/10]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, responsibility for ensuring that child protection requirements are complied with rests with the school board, the principal and the staff of each school. The Inspectorate of my Department undertakes whole-school evaluations in line with its quality assurance remit set out in Section 13 of the Education Act 1998. The WSE process involves evaluating schools under the areas of management, planning, curriculum provision, teaching and learning and student support. The evaluation procedures include a specific review of school policies in the area of child protection. This review involves checking that each school has formally adopted the child protection guidelines as recommended in Children First and in the child protection guidelines of the Department of Education and Science. Confirmation is sought from the school authorities that the child protection procedures have been brought to the attention of management, school staffΛand parents and that a copy of the proceduresΛhas beenΛprovidedΛto all staff (including all new staff). The procedures also involve checking that a Designated Liaison Person (DLP) has been nominated by the school. The review of a school’s child protection policies does not rely solely on the formal confirmation provided by the school authorities. Where necessary inspectors examine the minutes of board meetings, the recorded details of the adoption of the school’s child protection policy and official school documentation naming the Designated Liaison Person (DLP). Inspectors may also follow up on any issues with members of school management and staff. Following the checks made by the inspectors in relation to child protection the relevant findings are included in the WSE inspection report which is provided to the school’s board of management and published on the Department’s website. In addition, the Inspectorate reports its findings to the Schools Division of the Department for follow-up where necessary.

Departmental Funding. 1081. Deputy Ruairí Quinn asked the Minister for Education and Science if he will make additional funding available for repairs to the plumbing or heating systems in schools affected by the poor weather over the Christmas 2009 period; if he will make additional funding available for schools that had to keep their heating on over the winter break to ensure that the freezing of pipes would be avoided; and if he will make a statement on the matter. [1421/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Emergency works grants are made available to those schools most in need of resources as a result of unforeseen emergencies of a capital nature that may arise during the school year. Primary, Secondary and VEC schools which have to carry out repairs to their plumbing and heating systems due to damage caused by the recent inclement weather should in the first instance contact their insurance companies. Community and Comprehensive schools should contact the Building Unit of my Department. There are no plans to make additional funding available to schools specifically to pay heating costs incurred during the cold weather.

546 Questions — 19 January 2010. Written Answers

Health and Safety Issues. 1082. Deputy Ruairí Quinn asked the Minister for Education and Science if there has been a change in the responsibilities of boards of managements in relation to the discretion exercised as to whether a school opens or not; if the Safety, Health and Welfare at Work Act of 2005 still tasks boards of management with the authority to ensure pupil and staff health and safety; the legal or statutory provision which enabled him to order that all schools close; and if he will make a statement on the matter. [1422/10]

Minister for Education and Science (Deputy Batt O’Keeffe): While Boards of Management have the legal responsibility for the management of schools, I took a view that given the exceptionally difficult and widespread weather conditions that were being forecasted at that time, a central and early decision was required in relation to school closures. In making that decision, my overriding concern was about child safety and providing certainty to parents about school closures. This decision was a reasonable and pragmatic decision based on the weather forecast at that time and in a scenario where up to 70% of schools had closed in any event. The worst of the adverse weather was confined to southern areas and an unexpected thaw developed notably in Dublin. Based on these changed circumstances I decided that the normal arrangements whereby schools decide to open or close based on local circumstances should be re-instated from Tuesday 12th January.

Special Educational Needs. 1083. Deputy Paul Gogarty asked the Minister for Education and Science if he attention has been drawn to the case of a school (details supplied) in which a child who has been assessed as having a need for a full special needs assistant is now sharing an SNA with a student who needs a half SNA; if this situation will be reviewed; if this is the norm nationally; and if he will make a statement on the matter. [1433/10]

1084. Deputy Paul Gogarty asked the Minister for Education and Science if the review of special needs assistants placements nationally is based solely on whether there is a need in individual schools; the way in which the review is proceeding and the expected reductions in numbers overall; and if he will make a statement on the matter. [1434/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the National Council for Special Education (NCSE), through its network of Special Educational Needs Organisers (SENOs), is at present carrying out a review of Special Needs Assistant (SNA) allocations in all schools with a view to ensuring that the criteria governing the allocation of such posts, as outlined in my Department’s Circular 07/02, are properly met. This is an

547 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.] exercise in identifying surplus posts which are in the system and which do not meet the current criteria — posts that have been retained when a pupil’s care needs have diminished or when the pupil has left. SENOs are communicating the outcome of the review directly to schools as the review pro- gresses. The allocation for any school and any adjustments to that allocation depends on a number of factors such as the number of pupils with care/medical needs leaving, the number of new pupils, the changing needs of the pupils and any surplus identified. Furthermore schools can make applications at any time with the result that the individual situation of any school can change and allocations are not static for a school year in the same way as are for example classroom teaching posts. The NCSE is independent in the making and issuing of its decisions. Given all the factors involved it is not possible at this stage to predict an outcome of the review.

1085. Deputy Bernard J. Durkan asked the Minister for Education and Science if the continuity of full complement of special needs assistants are retained at a school in keeping with the requirements as set out by the school authorities in an area (details supplied) in County Kildare; and if he will make a statement on the matter. [1436/10]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

Departmental Funding. 1086. Deputy Bobby Aylward asked the Minister for Education and Science if he will make emergency funds available to schools in which damage was caused by flooding from burst pipes during the recent inclement weather in January 2010; and if he will make a statement on the matter. [1473/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Emergency works grants are made available to those schools most in need of resources as a result of unforeseen emergencies of a capital nature that may arise during the school year. Primary, Secondary and VEC schools which have suffered damage due to frozen or burst pipes during the recent inclement weather should, in the first instance, contact their insurance companies. Community and Comprehensive schools should contact the Building Unit of my Department.

Computerisation Programme. 1087. Deputy Leo Varadkar asked the Minister for Education and Science if, in view of the recently announced information and communications technology infrastructure grant for schools, he will allow schools that have already borrowed money to buy ICT equipment and interactive whiteboards to use the funds to pay off these borrowings; and if he will make a statement on the matter. [1477/10]

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Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that €22m in ICT grants was issued to primary schools in November last, with the priority on ensuring that there is a teaching computer and digital projector in every classroom. Schools have been advised by letter that this funding must be used, in the first instance, towards equipping each classroom with a teaching computer with wireless mouse and keyboard, and a fixed digital projector. Only when this baseline equipment is in place for each classroom, should the funding be used for other ICT equipment. A list of recommended additional equipment such as interactive whiteboards, was also issued to schools. These requirements are in line with the recommendations of the recently published ‘Smart Schools = Smart Economy’ report, which is the new action plan on integrating ICT in schools, produced by the joint industry advisory group established by the Minister last year. This report builds on the earlier strategy group report, ‘Investing Effectively in ICT in Schools’. The Deputy will be aware that all purchasing using public monies must be carried out in compliance with public procurement regulations. Where schools have already purchased equipment that conforms to the requirements of the grants package, (that is, a teaching computer and digital projector for each classroom as a priority) and in compliance with public procurement rules, the grant may be used to offset the cost of these purchases.

1088. Deputy Leo Varadkar asked the Minister for Education and Science if, in view of the recently announced information and communications technology infrastructure grant for schools, he will make provision for schools that have already purchased information and communications technology equipment such as interactive whiteboards and cannot access the funding stream as it is currently constituted due to the fact that they have no use for the baseline teaching computer and fixed digital projector; and if he will make a statement on the matter. [1478/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that in November last year the Minister published the ‘Smart Schools = Smart Economy’ report, which is the new action plan on integrating ICT in schools, produced by the joint advisory group established by the Minister in 2009. This report builds on the earlier Strategy Group report, ‘Investing Effectively in ICT in Schools’ and both reports make recommendations to support the integration of information communications technology (ICT) in teaching and learning in schools. As a first step in implementing these recommendations, €22m in ICT grants was issued to primary schools in November last, with the priority on ensuring that there is a teaching computer and digital projector in every classroom. The teaching computer will be connected to the schools Local Area Network and to the digital projector in order to access and show curriculum-based digital content. Both Reports have advised that this combination is an extremely useful and effective teaching tool that facilitates a range of learning opportunities in whole- class teaching scenarios. Only if a school already has a teaching computer and digital projector in place in each classroom, can the ICT grant be used to purchase other devices such as digital video devices, visualisers, printers, speakers and interactive whiteboards etc, to further develop the schools ICT infrastructure. A list of such recommended additional equipment has also been issued to schools. The Deputy will be aware that all purchasing using public monies must be carried out in compliance with public procurement regulations. Schools have been notified that all purchasing

549 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.] of ICT equipment must be in compliance with public procurement rules, and Department of Finance Framework Agreements where available.

Schools Building Projects. 1089. Deputy Chris Andrews asked the Minister for Education and Science the progress of building works on a school (details supplied) in Dublin 6; the amount of funding received by the school in the 2008 to 2009 period. [1493/10]

Minister for Education and Science (Deputy Batt O’Keeffe): As part of the expansion of the Permanent Accommodation Scheme 2007, a grant of €540,000 was allocated to Sandford National School to enable the Board of Management to provide additional permanent accommodation of 3 classrooms and 3 resource rooms. The project is now completed and the full grant of €540,000 was paid to the school in 2009.

Ethics in Public Office. 1090. Deputy Fergus O’Dowd asked the Minister for Education and Science the details of each gift, favour and hospitality received, both over and under the value of €650, since May 2007 to date in 2010; and if he will make a statement on the matter. [1508/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the Ethics in Public Office Act, 1995, any gift with a value in excess of €650 must be surrendered to the State and declared in the Minister’s Statement of Registerable Interests submitted to the Standards in Public Office Commission. Since my appointment in 2008 as Minister for Education and Science, I have not received any gift with a value in excess of that amount. The Department’s records indicate that no gifts covered by the Act were received by my predecessor in the period referred to by the Deputy. The relevant statements of registerable interests submitted my predecessor have been published by the Standards in Public Offices Commission and can be viewed on the Oireachtas website. In relation to gifts received under the value of €650, these are not declared in the annual statement of interests. A comprehensive list of such gifts is not maintained.

Higher Education Grants. 1091. Deputy Bobby Aylward asked the Minister for Education and Science when a decision will be made on the appeal by a person (details supplied) in County Kilkenny for the maintenance grant under the terms of his Department’s student support maintenance education grants scheme in respect of the 2009-2010 year; and if he will make a statement on the matter. [1530/10]

Minister for Education and Science (Deputy Batt O’Keeffe): A reply has issued to the correspondence referred to by the Deputy by the Higher Education- Equity Of Access Unit of my Department.

Special Educational Needs. 1092. Deputy Brian Hayes asked the Minister for Education and Science if his attention has been drawn to the establishment of a new children’s mental health coalition; if he will act on their recommendation to develop guidelines for schools on mental health; and if he will make a statement on the matter. [1544/10]

550 Questions — 19 January 2010. Written Answers

1093. Deputy Brian Hayes asked the Minister for Education and Science if his attention has been drawn to the establishment of a new children’s mental health coalition; if he will act on their recommendation to extend the existing social personal and health education support service to provide training for teachers on responding to students’ mental health issues; and if he will make a statement on the matter. [1545/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1092 and 1093 together. I am aware of the recommendations of the Children’s Mental Health Coalition. The Social Personal and Health Education (SPHE) programme is a mandatory part of the curriculum in primary schools and in junior cycle since 2003 and is designed to promote positive mental health. It is already supported by comprehensive teacher guidelines and curriculum support services which provide training and advice for schools and a resource directory. Its aim is to foster personal development, health and well being of children, to help them create and maintain supportive relationships, and develop the skills and attitudes for responsible citizenship. From the beginning of primary schooling children learn, in an age-appropriate way, how to identify, explore and express feelings and emotions, how to communicate with others, to resolve conflict and to respect difference, the importance of caring for one’s body, treating oneself and others with dignity and respect, and how to identify people, places and situations that may threaten personal safety. The SPHE modules at junior cycle deal specifically with belonging and integrating, handling conflict constructively, bullying, dealing with peer pressure, coping with stress, emotional health and well being, influences on decision-making, and relationships and sexuality education. In third year, an awareness of the range of agencies who can help students in difficulty is promoted, as well as the skills of knowing when and how to seek help. SPHE is designed for implementation in the context of a caring whole-school approach which is supported by the pastoral care structures in schools. All post-primary schools also provide a guidance and counselling service for their students and they receive ex-quota hours from the Department for this provision. The service includes the provision of individual guidance and counselling for students either at critical stages in their education or at times of personal crisis. Schools also use Mental Health Matters, a resource pack on mental health for 14 to 18 year olds developed by Mental Health Ireland on an optional basis as a module in the Transition Year Programme, an element of the Leaving Certificate Applied Programme, a component of the SPHE programme or an element of other subjects such as Religion or Home Economics. The National Educational Psychological Service (NEPS) operating within my Department provides a range of services both direct and indirect which support the personal, social and educational development of all children in primary and post-primary schools. The implementation of the SPHE curriculum has been supported by national programmes of professional development for teachers at primary and post primary level provided by the curriculum support services. These services continue to be maintained in the current school year, but my Department is not in a position to expand them at the present time.

Schools Building Projects. 1094. Deputy Denis Naughten asked the Minister for Education and Science the position regarding an application by a school (details supplied) in County Roscommon to the primary

551 Questions — 19 January 2010. Written Answers

[Deputy Denis Naughten.] school building unit in view of the recent announcement on prioritisation of the school building programme; and if he will make a statement on the matter. [1554/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for major capital funding to provide ancillary accommodation. The application has been assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 3 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on the Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

Third Level Charges. 1095. Deputy Leo Varadkar asked the Minister for Education and Science the revenue generated for each third level by the registration fee in 2009; the anticipated revenue from this charge in 2010; and if he will make a statement on the matter. [1600/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The student services charge is levied by third level institutions to defray the costs of examinations, registration and students services. The range of student services in question may include such facilities as on-campus medical and counselling facilities for students, access and disability services, careers office services, student facilities, student clubs and societies. All students who are eligible for means tested student support have the student charge paid on their behalf by the Local Authorities or the Vocational Education Committees, in addition to any maintenance grant and tuition fee grant they are entitled to. The student services charge is collected by each individual institution and the Higher Edu- cation Authority (HEA) is currently compiling the 2009/10 enrolment figures so as to determine the total income generated from the student services charge by the institutions for the current academic year. I understand that, as up to date student number returns are not yet available for all institutions, it is not possible to supply a breakdown by institution. However based on overall provisional figures of 122,000 full-time EU student undergraduates in the university and institute of technology sectors it is estimated that the revenue which would be generated by all such institutions in the 2009/10 academic year from the charge of up to €1,500 is some €183m. Similar revenues would be anticipated in the 2010/11 academic year on the basis that such current student numbers are maintained.

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Early School Leavers. 1096. Deputy Michael McGrath asked the Minister for Education and Science the number of students who dropped out of second level education in Cork city and county prior to sitting the leaving certificate for each of the years 2007, 2008 and 2009; and if he will make a statement on the matter. [1602/10]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): The latest Retention Report published by the Department of Education and Science provides data on the cohort of pupils who entered the first year of the junior cycle in 2000 and 2001 most of whom completed their senior cycle five to six years following the year of intake. This is the fourth such report tracking pupil retention and the trend is showing yearly improvements in retention rates — rising from an estimated 81 to 85% for entrants to second level in 1996 and 2001 respectively. It is compiled from data on the Department’s Post Primary Pupils Database and tracks students in State aided schools (with an estimate of those attaining their Leaving Cert in private institutions). It does not take into account students pursuing other educational pathways such as Youthreach or apprenticeship training. Retention rates of pupils in Second- Level School Cohort can be found on my Department’s website — www.education.ie under Statistics. Average retention rates to leaving certificate for Cork City and Cork County for the 2001 Entry cohort were 77.1 and 83.0% respectively. Data relating to the cohort of pupils who entered the first year of the junior cycle in 2002 and 2003 will be available later in 2010. Note that these rates do not take into account pupils who leave the State-aided schools including publicly funded fee-paying schools and move to non-aided second-level education providers. My Department has adopted a broad-based approach to tackling early school leaving. This includes the work of the National Educational Welfare Board, established under the Education Welfare Act, 2000, to monitor attendance and help to get young people back to school. Enhanc- ing attendance, progression, retention and attainment are central elements of DEIS. Targeted interventions include the School Completion Programme, Home School Community Liaison services, visiting teacher service for Travellers, additional funding for pupils at risk of early school leaving and alternative curricular options. From 1st September, 2009, a single co-ordinated School Support Programme involving the Home School Community Liaison Scheme, the School Completion Programme and the Visiting Teachers Service for Travellers has been integrated under the National Educational Welfare Board. This development puts in place structures to facilitate closer integration of the services at local, regional and national levels, increase effectiveness and help bring about real and meaningful improvements in services, to confront in a cohesive way, the underlying causes that impact negatively on the school life of children, particularly as they relate to school attendance, retention and attainment. My Department has also widened the range of curricula available to students by promoting the Junior Certificate Schools Programme, the Leaving Certificate Vocational Programme, and the Leaving Certificate Applied Programme in addition to the traditional Junior and Leaving Certificate curricula. I would like to assure the Deputy that we have greatly intensified our efforts in recent years to keep more young people in school and I will continue to prioritise further progress in this area.

Schools Building Projects. 1097. Deputy Joe McHugh asked the Minister for Education and Science if he will respond

553 Questions — 19 January 2010. Written Answers

[Deputy Joe McHugh.] to a safety report on a school (details supplied) in County Donegal; his views on whether this report illustrates the need for building work to commence at the school; when work will commence on the school; the amount of funding that has been assigned from his Department’s budget to building works at this school for 2010; and if he will make a statement on the matter. [1605/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for major capital funding. The application has been assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 2 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on the Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time. My Department is in receipt of the safety report referred to by the Deputy. This report was commissioned by the school authorities and the issues raised are currently under consideration.

Higher Education Grants. 1098. Deputy Enda Kenny asked the Minister for Education and Science the options available in respect of pursuing a higher diploma in education in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [1622/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Financial assistance is available to students under the Third Level Student Support Schemes, which are administered by the Local Authorities and Vocational Education Committees on behalf of my Department. Students who are entering approved courses, for the first time, are eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. Under the terms of the Higher Education Grant Scheme a student is not eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether or not a grant was paid previously. The scheme also provides that grants may not be paid to candidates who already hold a postgraduate qualification and are pursuing a second postgraduate qualification. However, in December 2000 clause 7.7 of the Higher Education Grant Scheme was amended to provide financial assistance to eligible candidates who already hold a postgraduate qualification and who wish to enter a further postgraduate course, at a higher level, which represents progression from the level at which the first qualification was attained.

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The progression route at postgraduate level, for grant purposes, is as follows: Higher Diploma/Postgraduate Diploma Masters PhD/Doctorate Candidates who hold a masters qualification and are currently pursuing a postgraduate qualification cannot be considered for funding. There are no plans at present to change the current arrangements. Any such proposal would have to be considered in the light of existing resources and other competing demands in the education sector.

Education Welfare Service. 1099. Deputy Brian Hayes asked the Minister for Education and Science the advice his Department will give to the National Education Welfare Board on the appointment of a new chief executive officer when the term of the current CEO expires in 2010; and if he will make a statement on the matter. [1624/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The National Educational Wel- fare Board (NEWB) is established under the Education (Welfare) Act, 2000 as the statutory body with responsibility for school attendance. The CEO post is provided for under Section 36 of the Act with responsibility to manage and control the administration and business of the Board and is accountable to the Board. The term of appointment for the CEO of the NEWB expires in June 2010. As the Deputy will be aware, this post, as with other posts in the National Educational Welfare Board and the wider public sector, is subject to the moratorium on recruitment and promotions in the public service. My Department has already commenced consultation with the Board of the NEWB on arrangements for filling the post. My Department has also commenced consultation with the Department of Finance on the implications of the moratorium on the future of this post. Decisions in respect of this post will be made on completion of this consultation.

Schools Building Projects. 1100. Deputy John McGuinness asked the Minister for Education and Science the progress made in accepting a tender for a building project at a school (details supplied) in County Kilkenny; if the contractor has been approved; the expected completion date; and if he will make a statement on the matter. [1812/10]

School Staffing. 1101. Deputy John McGuinness asked the Minister for Education and Science the reasons 180 newly qualified teachers will not be probated this year; his plans regarding same; and if he will make a statement on the matter. [1815/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The arrangements for the probation of newly qualified teachers have evolved differently at primary and post-primary level and within different types of school at post-primary level. At primary level, satisfactory completion of the probationary period requires the newly qualified teacher to receive a favourable inspection report on his/her work from the Inspectorate of my Department.

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[Deputy Batt O’Keeffe.]

In early December 2009, a small proportion of the newly qualified teachers employed in primary schools (who had commenced employment subsequent to the beginning of the school year) were informed by letter that given the resources available, inspection of their work for probationary purposes would be delayed and would not take place in the school year 2009- 2010. The Inspectorate is currently reviewing all such cases and is attempting to make arrangements for the inspection of as many as possible of the small number of teachers in this group. In addition, officials in my Department are reviewing the arrangements for the probation of teachers generally.

Computerisation Programme. 1102. Deputy Ciarán Lynch asked the Minister for Education and Science when the recommended laptop will be provided for a person (details supplied) in County Cork in order to facilitate the completion of educational assignments; and if he will make a statement on the matter. [1823/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that an application for assistive technology in respect of the pupil in question has been received in my Department. This application is currently being processed and a decision will issue to the school shortly.

Child Protection. 1103. Deputy Mary O’Rourke asked the Minister for Education and Science further to Parliamentary Question No. 466 of 10 November 2009, if he will supply this Deputy with a list of the 700 primary schools which are either not implementing the stay safe programme in full or not implementing the programme at all. [1824/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The 700 schools referred to by the Deputy were identified in a survey conducted by my Department in 2005. The data from this survey has since enabled, my Department, through its Teacher Education Section, to make additional resources available to provide targeted training in the Stay Safe Programme to these particular schools. To date more than 500 of the 700 identified have accessed training to support the implementation of the Stay Safe programme. More up to date information in relation to the implementation of Stay Safe is being gathered and will be compiled as part of the wider LifeSkills survey which is currently being undertaken by my Department. In June 2009, my Department wrote to all primary schools asking them to complete a Lifeskills Survey. The survey covers a broad range of areas including implementation of Stay Safe. To date responses have been received from 2542 primary schools and a reminder has issued to those that have not yet responded. Notwithstanding the current position, the Deputy will be aware that I have recently stated my intention that Stay Safe should be made mandatory for all schools. Ensuring the protection, health and welfare of children is a key concern for my Department. In anticipation of the review and recent updating of Children First, my Department wrote to all the education partners last Autumn inviting submissions from them on potential changes that might be desirable to my Department’s existing child protection guidelines to schools. The education partners were also invited to participate in a working party to review the guidelines and the working party commenced its work before Christmas.

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Ensuring that the Stay Safe Programme is implemented in all schools as part of a comprehensive set of practices, procedures and guidelines to ensure child safety is important and it for this reason that I have stated my intention to have it included as a mandatory requirement for all schools in any revision to the current arrangements that emerges from the working party.

Higher Education Grants. 1104. Deputy Ciarán Lynch asked the Minister for Education and Science if third level fully accredited part time courses will be grant assisted; and if he will make a statement on the matter. [1826/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Higher Education Grants Schemes operate under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992. Under the Higher Education Grants Scheme an approved course is defined as a full-time undergraduate course of at least two years duration or a full-time postgraduate course of not less than one year duration pursued in an approved institution. An approved institution is defined to mean a university, college or other institution of higher education in so far as it provides a course or courses of not less than two years duration, being a course, or courses, which the Minister for Education and Science approves for the time being for the purposes of the Acts. Each Year, the Higher Education Grants Scheme specifies a list of approved institutions for the purposes of the Schemes. The approved institutions mainly comprise of public funded third level institutions. There are no plans at present to extend the scope of the student support schemes to part- time courses. However, Section 473A, Taxes Consolidation Act, 1997 provides for tax relief, at the standard rate of tax, for tuition fees paid in respect of approved full/part-time courses in both private and publicly funded third level Colleges and Universities in the State and any other E.U. Member State. Further details and conditions in relation to this tax relief are available from a candidate’s local tax offices or on Revenue’s website at http://www.revenue.ie.

1105. Deputy James Bannon asked the Minister for Education and Science when an appeal for the special rate maintenance grant for the academic year 2009-2010 will be concluded in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [1844/10]

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[Deputy Batt O’Keeffe.]

No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Schools Building Projects. 1106. Deputy Brian O’Shea asked the Minister for Education and Science the position regarding the schools capital building programme 2009 in respect of a school (details supplied) in County Waterford; and if he will make a statement on the matter. [1869/10]

1119. Deputy John Deasy asked the Minister for Education and Science the status of an application from a school (details supplied) in County Waterford for a new school; when he will sanction the appointment of a builder; if the capital funding has been allocated for the new school; when work on the new school will commence; the planned completion date of the school; and if he will make a statement on the matter. [2153/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1106 and 1119 together. The project to which the Deputy refers is currently at tender stage. Once the tender report has been assessed, and all outstanding issues resolved, a contractor will be appointed. It is envisaged that subject to the foregoing, construction will commence in Quarter 2 of 2010.

1107. Deputy Brian O’Shea asked the Minister for Education and Science if he will respond to the concerns of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [1870/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to confirm that I have written directly to the person referred to by the Deputy in connection with the provision of the new second level school in County Waterford. The new post primary school project at the location referred to in Co. Waterford is one of eight schools which I approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership. This bundle is in the pre procurement stage. Detailed output specifications and Public Sector Benchmark (PSB) are being finalised and outline planning permission has been received in the case of seven of the eight schools. Work is continuing on securing outline planning permission on the remaining school site. On successful completion of this process, it is my intention that the Bundle will be handed over to the National Development Finance Agency (NDFA) for procurement. The indicative timeframe for the delivery of a PPP school currently stands at approximately 4 years from the date the Bundle is announced.

1108. Deputy Simon Coveney asked the Minister for Education and Science the position regarding a new school building (details supplied) in County Kilkenny; and if he will make a statement on the matter. [1873/10]

1109. Deputy Michael Ring asked the Minister for Education and Science if the tender process for new premises in respect of a school (details supplied) in County Mayo has been completed; the number of tenders received; if a tender has been accepted; if so, the successful

558 Questions — 19 January 2010. Written Answers applicant; when the construction phase will commence; and if he will make a statement on the matter. [1875/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that nine tenders were received for the project to which he refers. My officials are currently assessing the Tender Report which was received in recent days. Assuming that there are no issues arising, the project will be authorised to proceed to award the contract shortly.

Higher Education Grants. 1110. Deputy Bobby Aylward asked the Minister for Education and Science when a decision will be made on an appeal by a person (details supplied) in County Kilkenny for a post leaving certificate maintenance grant under the 2009 scheme; and if he will make a statement on the matter. [1956/10]

Minister for Education and Science (Deputy Batt O’Keeffe): A reply has issued to the correspondence referred to by the Deputy by the Higher Education-Equity Of Access Unit of my Department.

School Transport. 1111. Deputy Seán Connick asked the Minister for Education and Science if he will take responsibility for the erection of bus shelters outside schools; and if he will make a statement on the matter. [1958/10]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): My Department does not provide funding for bus shelters. The provision of bus shelters is a matter for the relevant Local Authority.

Schools Building Projects. 1112. Deputy Ruairí Quinn asked the Minister for Education and Science when a school (details supplied) in County Dublin will be able to proceed with its new building project; if he has ordered that prefabs at the school be purchased instead of hired; if his attention has been drawn to the fact that the prefabs used by this school are not fit for purpose; if an official from his Department inspected the prefabs before deciding to purchase them outright; and if he will make a statement on the matter. [1961/10]

Minister for Education and Science (Deputy Batt O’Keeffe): A major capital project at the school to which the Deputy refers is currently at an early stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under the Department’s capital budget. The proposed building project will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the delivery of the project at this time. Turning to the issue of the prefabricated temporary accommodation at the school, in 25th March 2009, in response to a question raised by the Deputy highlighting the costs of rental of temporary accommodation for schools, I advised that my Department had commenced a review of this area. I explained that a firm of Chartered Quantity Surveyors had been engaged to develop new procedures and systems for the provision of temporary accommodation with a view to achieving best value for money and reducing overall rental costs for schools.

559 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

I am pleased to inform the Deputy that my Department’s review of the provision of temporary accommodation in schools is well underway. One aspect of the review involves the development of standard specifications for temporary accommodation, the development of new contractual terms to incorporate buyout and relocation options to cater for individual local circumstances and appropriately protect the interests of the Department and school authorities. A further strand involves negotiations between the Chartered Surveyors and prefab suppliers to buy out existing rental contracts or reductions in annual rent, as appropriate. An initial group of 46 schools with rented prefabricated accommodation has been identified for priority negotiations with suppliers to buy out existing rental contracts. A number of these prefabs have now been bought-out, including the prefabs at the school referred to by the Deputy, and negotiations are ongoing with a view to ending rental contracts for as many schools as possible in 2010. The Chartered Surveyors carried out a site visit at this school on 26th June, 2009 and provided my Department with a report confirming that the units are in good condition and well maintained. On 9th December 2009 the school authorities were informed that my Department had decided to purchase the temporary accommodation units and that this initiative was undertaken to achieve better value for money. They were also advised that this change in the funding arrangement for their temporary accommodation would not affect any application the school may have for permanent accommodation under the School Building and Modernisation Programme.

Research Funding. 1113. Deputy Richard Bruton asked the Minister for Education and Science if there is a risk that universities here and researchers will lose their access to on-line scientific and humanities journals as a result of savings by the Higher Education Authority and Science Foundation Ireland; the implications of such a move for Ireland’s ambition to play a leading role in the knowledge economy; and if he will make a statement on the matter. [2016/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Irish Research eLibrary (IReL) is an electronic research library, providing online access to research publications across a range of disciplines in the seven universities and provides an important service to students, researchers and academics. As the Deputy may be aware, the Government has provided significant direct funding in recent years to universities towards the cost of e-journal access, with funding amounting to some €8.5 million provided in 2009 by both the Higher Education Authority (HEA) and Science Foundation Ireland (SFI). In the current difficult budgetary climate, there will be challenges for our universities in prioritising and managing budgets to maximum effect. In that regard the HEA is working closely with the institutions to effect economies across all levels of activity. I understand from the HEA, who are in consultation with the universities in the matter, that whilst they envisage that there will be some reduction in the number of e-journals available, they are satisfied that they can ensure continued access for all our university students and staff to the most relevant publications across the science, technology, social sciences and humanities domains.

Schools Building Projects. 1114. Deputy Michael McGrath asked the Minister for Education and Science if an application has been received for the development of phase two of a primary school (details

560 Questions — 19 January 2010. Written Answers supplied) in County Cork; the position regarding same; and if he will make a statement on the matter. [2030/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers made an application for a new school building in May 2005. The Department delivered an 8 classroom building in 2009 as the first phase of the project to meet the school needs. Forward Planning Section of the Department is in the process of identifying the areas where significant additional accommodation will be required at primary and post-primary level for future years and the area referred to by the Deputy will be included in this process. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. Having considered these factors decisions will be taken on the means by which emerging needs will be met within the area. Any further development at the school in question will be considered in that context. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

1115. Deputy Michael McGrath asked the Minister for Education and Science if the stage 2B report has been received by him regarding a planned extension by a primary school (details supplied) in County Cork; the position regarding same; and when the construction contract will progress to tender stage. [2031/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is at an advanced stage of architectural planning. The Design Team are currently working on completion of the stage 2(b) report and expect to submit this to my Department shortly. On completion of stage 2(b) this project will proceed to tender and construction. However, until the stage 2(b) is received and cleared it is not possible to provide a more definitive timeframe for commencement of construction at this time.

Adult Education. 1116. Deputy Willie Penrose asked the Minister for Education and Science the nature and level of grant aid which is available to a mature person who wishes to return to education, and in particular to undertake graduate courses in September 2010; the eligibility criteria for same; and if he will make a statement on the matter. [2038/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The main financial support available to students in higher education is the Maintenance Grant. Mature students who are entering approved courses are eligible for financial assistance where they satisfy the relevant conditions including those relating to residence, means, age, nationality and previous academic attainment. Under the student grant schemes a mature candidate, if approved, is automatically provided with the higher non-adjacent rate of maintenance which, this year, ranges from €810 to €6,355 dependent on individual circumstances. The entitlement to the non-adjacent rate applies regardless of how far the college is from the mature candidates residence and whether or not the candidate is dependent on or independent of his/her parent(s) or guardian(s).

561 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

The NDP funded ‘Third Level Access Measure’ is also supporting the participation of mature students in higher education, in particular those from socio-economically disadvantaged backgrounds. The Student Assistance Fund is available in all recurrently funded higher education institutions. Mature students who have additional needs arising due to a disability or learning difficulty can make an application to the Fund for Students with Disabilities. Applications for support can be made via the access or disability service in the institution. In 2008 I launched a National Plan for Equity of Access to Higher Education 2008-2013. This plan builds on investment of resources and work that has taken place to date and sets new targets for the future including participation by mature students in Higher Education. A mid-term review of progress in the implementation of this plan and the achievement of these objectives will be conducted by the Higher Education Authority in 2010. The criteria for the 2010 maintenance grant schemes is currently being reviewed. Decisions on the 2010 schemes will be announced as soon as the process is completed.

Schools Building Projects. 1117. Deputy Dinny McGinley asked the Minister for Education and Science the position regarding the provision of a new school (details supplied) in County Donegal; and if he will make a statement on the matter. [2041/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that tenders were received by County Donegal VEC in December and the tender report is currently being compiled. Once the tender report has been approved the project will be authorised to proceed to award a contract.

1118. Deputy Brendan Howlin asked the Minister for Education and Science if the tender documents for a building project at a school (details supplied) in County Wexford have been ready since November 2007; if and when he will consent to re-tender for this project in view of changed economic circumstances; and if he will make a statement on the matter. [2050/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently at an advanced stage of architectural planning. The next stage for this project will be the completion of stage 2(b) of architectural planning. This will require tender documents for this project to be revised in line with the new form of Public Works Contract which is now mandatory for all such projects. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under the Department’s capital budget. The proposed building project will be considered in the context of the Department’s multi- annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

Question No. 1119 answered with Question No. 1106.

Departmental Staff. 1120. Deputy Denis Naughten asked the Minister for Education and Science the number of staff in his Department, broken down by division and section, annually since 2007 to date in 2010; and if he will make a statement on the matter. [2166/10]

562 Questions — 19 January 2010. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The number of staff in the Department of Education and Science at end December in each year since 2007 is outlined as follows: 2007: 1342 (1252.95 WTE); 2008: 1428 (1330.64 WTE); 2009: 1359 (1270.30 WTE). The breakdown of staff by divisional structure at end December 2009 is tabulated below. The current breakdown of staff in the Department is not directly comparable to previous years due to changes in the Divisional structure of the Department.

Staffing in Department of Education & Science

End December 2007

MAC area of responsibility No. of Staff (administrative and non-administrative)

Further Education, International/ North South, Social Inclusion, High Support Special 81 (72.76 *wte) Schools, Youth Affairs School Building, School Transport, Primary/Post Primary Payroll, School Planning, SNA 304 (281.98 wte) Payroll, Expenditure Financial Control, Integration Unit, Public Private Partnerships (PPP’s) Regional Offices Corporate Services, Statistics, Change Management/FOI, Central Policy Unit, Legal 90 (84.13 wte) Services Finance Unit, Primary and Post Primary Policy and Administration 169 (155.96 wte) National Educational Psychological Service (NEPS), IT Unit, Early Childhood, Litigation, 274 (258.46 wte) RIRU, Special Education Equality Unit, External Staff Relations (ESR), Personnel, ICT Policy Unit, 98 (85.50 wte) Qualifications, Curriculum & Assessment Policy (QCAP), Staff Training, Teacher Education Higher Education, NDP/Structural Funds, Pensions 89 (82.83 wte) Inspectorate 170 (167.83 wte) Other (Including Ministers Office, Secretary Generals Office, Press Office, Internal 67 (63.5 wte) Audit, Correspondence Unit)

Total 1342 (1252.95 wte)

End December 2008

MAC area of responsibility No. of Staff

Further Education, International/North South, Social Inclusion, High Support Special 87 (78.36 *wte) Schools, Youth Affairs School Building, Primary/Post Primary Payroll, School Planning, SNA Payroll, 296 (271.71 wte) Expenditure Financial Control, Integration Unit, PPP’s, Regional Offices Corporate Services, Statistics, Change Management/FOI, Central Policy Unit, Legal 104 (97.13 wte) Services Finance Unit, Primary and Post Primary Policy and Administration 192 (174.66 wte) NEPS, IT Unit, Early Childhood, Litigation, RIRU, Special Education 305 (288.04 wte) Equality Unit, ESR, Personnel, ICT Policy Unit, QCAP, Staff Training, Teacher 101 (89.13 wte) Education Higher Education, NDP/Structural Funds, Pensions 103 (96.83 wte) Inspectorate 158 (157.13 wte) School Transport 13 (13 wte) Other (Including Ministers Office, Secretary Generals Office, Press Office, Internal 69 (64.65 wte) Audit, Correspondence Unit)

Total 1428 (1330.64 wte)

563 Questions — 19 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

End December 2009

MAC Area of responsibility No. of Staff

Further Education, International, International /North South, QCAP, Integration Unit, 65 (59.16 *wte) High Support Special Schools School Building, Primary/Post Primary Payroll, School Planning, Expenditure Financial 205 (190.34 wte) Control, PPP’s Corporate Services, Change Management/FOI, Finance Unit, NDP/ Structural Funds, 135 (124.19 wte) Press Office Primary and Post Primary Policy and Administration 148 (135.53 wte) NEPS, RIRU/ Special Education Litigation, Special Education 241 (228.03 wte) Equality Unit, ESR, Personnel, Staff Training, Teacher Education 71 (65.80 wte) Higher Education/ Equity of Access 39 (36.10 wte) Inspectorate 137 (136.33 wte) School Transport, SNA Payroll, Pensions, Social Inclusion, Early Years Education Policy 126 (114.92 wte) IT, ICT Policy, Central Policy, Regional Offices and Regional Directorate, Statistics, 137 (127.43 wte) Legal Services Other (Including Ministers Office, Secretary Generals Office, Internal Audit, 55 (52.47 wte) Correspondence Unit)

Total 1359 (1270.30 wte)

Schools Building Projects. 1121. Deputy Bernard J. Durkan asked the Minister for Education and Science the progress made regarding the continuation of the new school project at Kill, County Kildare since 5 November 2009; if it is intended or expected that the project will finish on time; if not, if he will give an indicative completion date; the steps he has taken in the intervening period to bring this project to a satisfactory conclusion in line with original projections; and if he will make a statement on the matter. [2199/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently out to tender. It is anticipated that the project will be back on site before Easter.

Special Educational Needs. 1122. Deputy David Stanton asked the Minister for Education and Science when the expert group on the education of children with emotional and behavioural disorders was established by the National Council for Special Education; the membership of this group; and if he will make a statement on the matter. [2204/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am aware that the National Council for Special Education (NCSE) has set up a Group to look at educational provision for children with emotional/behavioural disorders. I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply in relation to the specific information sought by the Deputy.

1123. Deputy David Stanton asked the Minister for Education and Science if a structured appeals process whereby parents, if unhappy, can appeal the decision of a local special education needs organiser to a senior SENO has been established by the National Council for 564 Questions — 19 January 2010. Written Answers

Special Education in view of the absence of an appeals system to date; and if he will make a statement on the matter. [2205/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the Education for Persons with Special Educational Needs (EPSEN) Act, 2004 provides for the establishment of the Special Education Appeals Board (SEAB), to hear and determine appeals under the Act. Board members are currently working to ensure that appropriate structures and processes will be in place once the relevant sections of the Act, which would allow appeals to be undertaken, are commenced. Pending full implementation of the Act, the National Council for Special Education (NCSE), and following discussions with Management Bodies, is preparing to introduce a structured appeals process whereby schools and parents, where appropriate, may seek to appeal the decision of a Special Educational Needs Organiser (SENO) in relation to the allocation of resources. This scheme is currently being piloted in a number of schools. In the meantime, the NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information such as professional reports which may not have been to hand at the time of the decision. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

1124. Deputy David Stanton asked the Minister for Education and Science the role, duty and responsibilities of the National Council for Special Education in assisting the Health Service Executive in relation to providing education services for children under five years who have been assessed under Part 2 of the Disability Act 2005; the number of children referred to the NCSE for services; the number that are receiving special education services; and if he will make a statement on the matter. [2206/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the National Council for Special Education (NCSE) was established to co-ordinate the delivery of services for children with special educational needs. The NCSE is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE co- ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities/special needs. Part 2 of the Disability Act 2005 provides for the independent assessment of health needs of persons arising from a disability and also, where appropriate, the education services to be provided. The Act sets out the role of the NCSE in this regard. In June 2007, Part 2 of the Act was commenced for children less than 5 years of age. Since then, the NCSE has processed 1,462 requests for assistance for such children following receipt of applications submitted by Health Service Executive Assessment Officers nationally.

School Transport. 1125. Deputy Fergus O’Dowd asked the Minister for Education and Science the value of payments made to Bus Éireann annually since 2000 for the school transport scheme; the details and the value of any other school transport related payments to any subsidiaries of CIE; and if he will make a statement on the matter. [2231/10]

565 Questions — 19 January 2010. Written Answers

Minister of State at the Department of Education and Science (Deputy Seán Haughey): The net value of payments made to Bus Éireann for the operation of the school transport scheme, after the deduction of receipts from fare-paying passengers, for the years in question are as follows: 2000 €60.157 million 2001 €70.928 m 2002 €88.739 m 2003 €92.520 m 2004 €94.664 m 2005 €106.005 m 2006 €126.226 m 2007 €146.620 m 2008 €162.793 m I understand from Bus Éireann that the 2009 account is currently being finalised. No further payments are made directly by my Department’s School Transport Section to any subsidiaries of CIE.

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