Vol. 665 Wednesday, No. 2 29 October 2008

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 29 October 2008.

Ceisteanna–Questions Minister for Communications, Energy and Natural Resources Priority Questions …………………………… 207 Other Questions …………………………… 215 Leaders’ Questions ……………………………… 227 Ceisteanna–Questions (resumed) Taoiseach ………………………………… 233 Requests to move Adjournment of Da´il under Standing Order 32 ……………… 245 Adjournment Debate Matters …………………………… 245 Order of Business ……………………………… 246 Membership of Committees: Motion ………………………… 255 European Council: Statements ………………………… 255 Charities Bill 2007: Order for Report Stage …………………………… 273 Report Stage ……………………………… 273 Private Members’ Business Education Cuts: Motion …………………………… 276 Adjournment Debate Tax Code ………………………………… 306 Mental Health Services …………………………… 309 Boundary Commission …………………………… 311 Water Quality ……………………………… 314 Questions: Written Answers …………………………… 317 DA´ IL E´ IREANN

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De´ Ce´adaoin, 29 Deireadh Fo´mhair 2008. Wednesday, 29 October 2008.

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Chuaigh an Leas-Cheann Comhairle i gceannas ar 2.30 p.m.

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Paidir. Prayer.

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Ceisteanna — Questions.

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Priority Questions.

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Telecommunications Services. 105. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources when he will produce a timetable for the announced plan to provide next generation broadband to secondary schools; the way he plans to roll out this plan; if he will go to tender to employ a single company to do it; the amount allocated to broadband for schools in budget 2009; and if he will make a statement on the matter. [37465/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): A key objective of broadband policy is to develop access to at least 100 megabyte per second high speed broadband in secondary schools. The consultation paper on next generation broadband, published in July, contains a commit- ment to this project and discussions have taken place between officials of my Department and HEAnet to develop the means by which it will be implemented. A steering group, including officials from my Department and the Department of Finance, the Department of Education and Science and HEAnet will be established shortly to agree the terms of reference and the programme schedule for the roll-out of the project. A budget allo- cation has been provided for the roll-out of high speed broadband to some schools in 2009. Details on this first phase of the programme will be available in due course.

Deputy Simon Coveney: I sound like a broken record discussing broadband, because every time telecommunications matters are discussed under Priority Questions the matter makes up at least two, if not more, of the questions. It is difficult not to be more sceptical than before about the claim that the Minister and the Government are prioritising broadband expenditure when there is a cut of 25% in the budget allocation for information and telecommunications technologies programmes from \53 million this year to \40 million next year. At the same time the Minister repeatedly announces his commitment to rolling out next generation broadband 207 Priority 29 October 2008. Questions

[Deputy Simon Coveney.] in schools throughout the country, despite that fact that he does not know how it will work yet, he cannot say how much money he will allocate to it and we simply have no timeframe. Will the Minister, Deputy Ryan, answer the following specific questions? Is there a timeframe for the roll-out of next generation broadband access to schools for next year? Does the Minister have data available on the extent of broadband availability in secondary schools? How many secondary schools do not have access to acceptable bandwidth? In my view, he does not know the answers to those questions, so I do not know how he expects people to believe he will roll-out next generation broadband to all schools across the country by the end of 2009 or early 2010.

Deputy Eamon Ryan: Some 3,901 out of 3,936 schools have their local broadband connectiv- ity installed, which is over 99% of them. Installation has typically been at speeds of up to 2 megabytes per second. My belief is that it is appropriate for us to go to speeds of 100 megabytes per second and eventually to have wireless connectivity within the school, so broadband is available in each classroom and not necessarily in a computer room or in certain locations within the school. That is why I included that strategic aim in the next generation broadband paper. It was published in July and it is fair and proper to have a consultation process, some- thing which is coming to an end. When the process ends, we will publish a final version of the paper and we will go out and deliver. The experience of putting broadband into those 3,900 schools is something on which we can build for future development. I referred to the discussions with HEAnet because this body also has a crucial part to play in achieving the roll-out. We already have a successful backhall network in the educational broadband sector, especially in our third level colleges. HEAnet has real expertise in delivering broadband to educational establishments and in putting in filtering systems. That is why I have confidence in the ability of HEAnet and of my Department to deliver the objective that has been set. However, prior to completing the consultation pro- cess, it is appropriate to get the details of the process worked out and then publish the time- table, budget and other details.

Deputy Simon Coveney: The Minister has been in charge for 18 months. I agree we need to roll-out next generation broadband facilities to schools. The problem is that people have simply lost patience with him due to a lack of action. We do not need more consultation. We need an action plan for moving forward with clear timetables and a clear financial commitment. What will be the implication for schools of a 25% cut in the capital allocation for broadband expendi- ture next year?

Deputy Eamon Ryan: The main reason for that downturn is that we are not progressing with a further stage of investment in the metropolitan area networks. This is a policy with which Fine Gael agreed. That took up some \200 million over recent years. The reason for the reduction in the budget is that the programme is being reviewed. I do not see the budget cuts impacting on our ambitions in broadband development elsewhere. I recognise that our role is to intervene where the market cannot deliver, but the market also has a key role. The industry is spending around \725 million this year on next generation broadband.

Deputy Simon Coveney: The market will not deliver that.

Deputy Eamon Ryan: No, it will not. That is why the Government will deliver in that area.

Fisheries Boards. 106. Deputy Liz McManus asked the Minister for Communications, Energy and Natural 208 Priority 29 October 2008. Questions

Resources the way he will maintain a strong regional structure in the management of the regions with regard to proposals to absorb the regional fisheries boards into a central board; the way the reporting structures to the central board will function in practice; if he will provide delegated powers to regional staff; the cost savings of this proposal; and if he will make a statement on the matter. [37473/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Sea´n Power): As part of the overall process of agency rationalisation that the Minister for Finance announced in this year’s budget, a new national inland fisheries body will be estab- lished, which will replace the eight existing regional fisheries boards and the Central Fisheries Board. Amending legislation will be required to give effect to the decision. I have established a small group, chaired by my Department with representation on behalf of the existing boards, to guide the implementation of this decision. While I do not intend to pre-empt the work of the implementation group, I am confident an effective system can be put in place under the auspices of the new body, which will ensure the important work relating to the inland fishery resource will be implemented efficiently. It is clearly in the nature of inland fisheries work that the new body should be organised with a strong regional presence. The relationship between the new body and its regional offices will be determined in due course by the body itself. With regard to cost savings, the most visible and immediate savings will occur as a result of the reduction in costs of servicing eight separate boards and associated board expenses that are estimated to be in the region of \300,000 per annum. In addition to financial savings, the new model will consolidate and thus ensure the better use of existing resources and deliver improved value for money management of the State’s resource. I have set a deadline of end August 2009 for vesting day of the new body. The existing structures will remain in place until then.

Deputy Liz McManus: I thank the Minister of State for his reply. Perhaps he is not aware that, in 2006, the Minister sitting beside him, Deputy Eamon Ryan, described the postponement of elections to regional fisheries boards as “a cowardly act” by the then Government and “a serious indictment of Government policy”. Here we are again, in 2008, facing yet further delays in elections to boards and prevarication on any new structures. With all due respect, the Mini- ster of State has not enlightened us on the future of fishery board structures. When he refers to “strong regional structures” what is he talking about? How exactly are these to be developed between policy and management? At the moment, there is a large infrastructure in place. The Minister of State has said he wants stronger regional input, but there is no indication how that will be done. He should clarify that matter. As regards cost savings, how will the Minister of State avoid the route involved in establishing the HSE? The HSE was supposed to do all these wonderful things the Minister of State says will occur in the fisheries sector, including saving money, but it proved to be extraordinarily costly. What will the Minister of State do that is different? Unless he can tell us, we must presume that he has not learned anything in government and that he will simply make the same mistakes as in the past. I welcome the fact the Minister of State has now decided that decentralisation is off the agenda, presumably, for the future. I understand, however, that the leasing costs on the prem- ises in Swords amount to something like \1 million a year. What is the Minister of State doing to get value for money in citing this new authority? How will he save money in doing so? 209 Priority 29 October 2008. Questions

Deputy Sea´n Power: I thank the Deputy for her support for the measure that was announced here on budget day.

Deputy Liz McManus: I must have missed something here.

Deputy Sea´n Power: The establishment of a new national inland fisheries body will subsume the existing central and regional fisheries boards, thereby reducing the number of boards from eight to one. In addition, the number of board members will be reduced from around 160 at the moment to ten or even fewer. That in itself is a welcome development. We are in the process of putting together an implementation group comprising officials from the Central Fisheries Board and regional fisheries boards, which will be chaired by the Department. Shortly after the announcement on budget day, the Minister, Deputy Eamon Ryan, and I, along with our officials, met with CEOs from the various fisheries boards. We explained to them the decision that had been made by the Government. I appreciate what the Deputy said about the history involved and the difficulties people may have in accepting what we are doing. We are living in changed times, however, and people realise that rationalisation must take place. The meeting we had was constructive and we look forward to the support of the various boards in implementing that decision.

Deputy Liz McManus: What is the make-up of this implementation group? Last month, there was an advertisement for the CEO of the Northern Regional Fisheries Board, which seems peculiar if the Minister of State is trying to centralise those boards. Will that post be filled?

Deputy Sea´n Power: The implementation group is being established and will comprise of two officials from the Central Fisheries Board, two officials from the Regional Fisheries Board and it will be chaired by my Department. The Deputy asked a question about the expenses. Savings estimated at approximately \300,000 per annum will be afforded by reduced board membership. The new organisation will consolidate and ensure better use of the existing resources and there may be greater oppor- tunities for efficiencies in the sector and also a more streamlined management of the State’s resources.

Deputy Liz McManus: Is the Minister of State filling the post for the normal regional boards?

Deputy Sea´n Power: As the Deputy said, that post was advertised and the matter is pro- gressing.

Deputy Liz McManus: So the post will be filled.

Deputy Sea´n Power: I am not saying that. To the best of my knowledge the advertisement was placed in the newspapers before the announcement was made on budget day and that matter is being considered.

Telecommunications Services. 107. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the definite measures that he will implement between now and the end of 2008 to promote and support the roll-out of improved broadband infrastructure across the country; and if he will make a statement on the matter. [37467/08]

Deputy Eamon Ryan: The policy framework for future broadband development is set out in the consultation paper on next generation broadband which I published last July. A central objective is that Ireland will have universal access to broadband by end 2009 to early 2010 and 210 Priority 29 October 2008. Questions that by 2012 our broadband speeds will equal or exceed those in EU regions. That paper also sets out a number of specific actions to be rolled out over the coming period. These include the national broadband scheme, access to State broadband assets, high level broadband con- nectivity to second level schools and new businesses. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. Delivery of broadband investment is primarily a matter for the private sector. Such investment has seen very significant improvement in recent years in terms of coverage, speeds, price, competition and platform availability. Government intervention will be targeted at those areas where the market is not able to deliver and where the State has the opportunity to use its infrastructure and services to improve broadband provision. In the short term the focus is on the national broadband scheme. The NBS is designed to deliver broadband to areas where the market has failed to provide services. It will bridge the digital divide, create greater equality in terms of social and economic inclusion and remove the disadvantage caused by a lack of broadband services. It will also facilitate competition in the broadband market in the regions leading to greater choice, quality and value for money to the consumer. Two bids, from Eircom Limited and Hutchison 3G Ireland, have been received in response to the NBS invitation to tender. These bids are currently being evaluated and the evaluation process is scheduled for completion shortly. The contract is expected to be signed in November 2008. Subject to agreement with the chosen service provider, roll-out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll-out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS will be met.

Deputy Simon Coveney: If contracts are being signed in November and if there is a 22-month roll-out period, can we safely assume that the Government target for universal broadband provision across the country will now be the end of 2010 rather than the end of 2009? My question refers to a lot more than the national broadband scheme although there is significant frustration with that matter. The Minister’s consultation paper published during the summer made a number of commit- ments which were not related to the national broadband scheme and I ask for an update on a number of those commitments. The Minister said that all new premises will be required to have installed an open access fibre connection, that is, ducting must be provided in each new building to carry broadband fibre. The Minister said this would be in place by the end of this year and I ask where this stands now. The Minister said that the Government will facilitate access to service providers for all pub- licly-owned ducting that can carry fibre and that this will be provided at competitive commercial rates. Where does this stand now? He promised a one-stop shop where service providers would be provided with information on broadband and broadband infrastructure which they could use on an open access basis. Where does this stand? With regard to the management contracts for MANs phase 2, my understanding is that E- Net has been given preferential bidder status or tender status but the contracts have not been signed yet. Why is this the case? We have 66 MANs, metropolitan area networks, surrounding towns all over the country but which are not being used and are not lit up. They have cost the State approximately \50 million to put in place. It will cost a fraction of that amount to run them but we have not put the management contract in place to make that happen. Why is this the case? 211 Priority 29 October 2008. Questions

[Deputy Simon Coveney.]

The Minister has said repeatedly that he will use the purchasing power of the State to stimu- late demand in terms of next generation broadband provision. What is he actually doing in this regard? I am not interested in more consultation at this stage, I am interested in action. Some 18 months of waiting is enough.

Deputy Eamon Ryan: I will happily answer each question although a number of them are addressed in further parliamentary questions, which I hope we will reach. The national broadband scheme has taken slightly longer than we would have liked. My hope is that the detailed work that has gone into the preparation of the contract in advance, whoever the bidder is, will mean we will have swift roll-out and delivery on the commitment within it by mid-2010, which is the rough timeline set out. With regard to ducting into each building, we have established a working group with the Department of the Environment, Heritage and Local Government to consider the implemen- tation of regulations. This is in the more immediate delivery timetables and will happen some time in the next number of months. On the issue of the one-stop shop and its management of access to public infrastructure ducting, this is a more complex project and one that required us to go to consultation. In that consultation process, I wanted to hear from industry and the various people involved as to how it would be best managed. There are a variety of options, including the management of some of our assets, such as metropolitan area networks. It is right and proper for us to get this very significant and important project right, which is what my Department is doing in consultation with State agencies such as the National Roads Authority and other bodies that have a direct interest. This has gone from the consultation phase into the implementation phase. My Depart- ment is working with those agencies to set out how we can best do that. In terms of the management of the existing metropolitan area networks facilities, none of those has been hindered from active use because of the lack of a second phase management contract being signed. All of those facilities are available for use on the basis that an interim management system is in place which is capable of providing fibre availability. The issue of the development and use of metropolitan area networks must be taken into account in the overall context.

Fuel Poverty. 108. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the measures he is taking to combat fuel poverty; the number of people experiencing fuel poverty; and if he will make a statement on the matter. [37474/08]

Deputy Eamon Ryan: The Government is committed to protecting vulnerable consumers from the impact of rising energy costs through a combination of institutional supports and investment in improving the energy efficiency of the housing stock. I am working closely with the Minister for Social and Family Affairs to deliver a fully cohesive strategic approach across Government and agencies. We have established an interdepartmental agency group, led by our two Departments, which includes the Departments of Finance, Taoiseach, Environment, Heritage and Local Govern- ment and Health and Children, as well as the Commission for Energy Regulation, Sustainable Energy Ireland, ESB and Bord Ga´is. The group is serving as a key co-ordinating body to ensure cohesiveness of the various actions under way and plans to address the energy efficiency and affordability challenges for vulnerable consumers. 212 Priority 29 October 2008. Questions

One of the root causes of fuel poverty is the legacy of older housing with poor energy efficiency standards. I have already increased the 2008 allocation for the low income housing programme administered by Sustainable Energy Ireland to \5 million. The programme’s primary focus is the warmer homes scheme, which provides energy efficiency equipment and insulation as well as energy efficiency advice at little or no cost to eligible households. The increased allocation will enable SEI to fund insulation upgrades for an additional 2,000 vulner- able homes in 2008, bringing the total to 5,000 homes which will be upgraded this year. Budget 2009 provides an allocation of \5 million for the warmer homes scheme next year, which will be complemented by additional funds from ESB and Bord Ga´is. This will substan- tially increase the number of poorer homes that benefit from improved energy efficiency in 2009. Government policy has focused in recent years on increasing primary social welfare rates to ensure that people on social welfare can meet their basic living costs, including heating costs, throughout the year. The Minister for Social and Family Affairs provides a range of sup- plements and allowances, including the electricity and gas allowance and the national fuel allowance, to assist those most in need with their heating costs. The Department of Social and Family Affairs estimates that expenditure on these packages will be in the region of \340 million this year. No national statistics are generated on the number of people experiencing fuel poverty. However, the EU survey on income and living conditions, which is carried out by the Central Statistics Office each year, measures the number of households that have gone without heating at least once over the previous year due to lack of money. The most recent figures available from this survey indicate that in 2006 some 5.7% of households went without heat at some stage during the year, a slight reduction on the figure in 2005.

Deputy Liz McManus: Will the Minister accept that establishing another interdepartmental committee is not reassuring? Will he agree that real change requires resourcing and money? Will he accept that increasing the fuel allowance by \2 and providing it for two extra weeks is marginal in terms of benefits that will be felt by the 60,000 people living in fuel poverty? Is the Minister aware that the Institute of Public Health reckons that up to 2,000 people die prema- turely each winter because of fuel poverty? Does he have any understanding of the impact of the savage increases in the cost of electricity, gas and home heating experienced by these households? The Minister stated something of which I was not aware, namely, that funding for the warmer homes scheme would come from the ESB and Bord Ga´is. What exactly does this mean? These organisations are being treated like cash cows by the Government. The amount of money coming in on an annual basis has increased significantly and now the ESB and Bord Ga´is customers must pay for the fact that the Government has not provided for people living in fuel poverty. Will the Minister explain how much is involved in the commitment he just made?

Deputy Eamon Ryan: With regard to the fuel allowance, while one can never provide enough because on cold mornings such as we had today this is a real crisis issue for people on low incomes, the fuel allowance has doubled since 2005, and it rose by approximately 12.5% this year. While it is never at the level one would want, we should recognise the increase that has occurred. Even in the difficult budgetary circumstances we had this year, to increase the length by two weeks and the amount was an important contribution. The involvement of the ESB and Bord Ga´is in the warmer homes scheme is a perfectly good example of an output one gets from such bodies when one brings people together and they agree to all play a part. As two major supply companies, I felt it was appropriate to involve 213 Priority 29 October 2008. Questions

[Deputy Eamon Ryan.] them in such schemes as the warmer homes scheme so we can help people reduce their energy use and not only solve it by providing further payments. Involvement by such supply companies is right and it is an example of where I want to go in terms of the imposition of obligations on all energy supply companies to invest in such efficiency measures for their customers.

An Leas-Cheann Comhairle: I wish to allow a brief supplementary question.

Deputy Liz McManus: I am sure the Minister is a man of good intention. However, will he accept that when the only scheme targeting the poor, namely, the warmer homes scheme, receives only \5 million whereas people who can well afford to install energy saving devices are subvented to the tune of 30% through the greener homes scheme, he has his priorities wrong?

Deputy Eamon Ryan: Some 400,000 people are supported by the fuel allowance scheme, which is important and a major component——

Deputy Liz McManus: The price of coal has doubled.

Deputy Eamon Ryan: Investment in the warmer homes scheme has been doubled from what it was in the previous year. With the involvement of the energy supply companies, I see no reason that we should not set a growth pattern to double it again. This is what I am working towards in recognition that helping 5,000 households this year is an important development. The approximately 20,000 households we may be able to address through other schemes are equally welcome.

Mobile Phone Bullying. 109. Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources his strategy to combat mobile phone bullying; and if he will make a statement on the matter. [37470/08]

Deputy Eamon Ryan: As Minister for Communications, Energy and Natural Resources I have overall responsibility for electronic communications policy, but I do not have responsi- bility with regard to the actions of persons conducting bullying or intimidation activities over electronic communications networks. I am conscious, however, that bullying in any form can be distressing, especially for children. The Irish Cellular Industry Association has published A Parents Guide to Mobile Phones, which has some key safety tips for parents to help encourage the safe and responsible use of mobile phones by their children. This is useful as an important line of control rests with parents. Their supervisory role is key to safeguarding their children from the perils of abuse of communications technology. Legislation is already in place to address the sending of indecent or offensive material by telephone and the harassment of people by telephone. Anyone who has information on these matters should bring it immediately to the attention of the Garda Sı´ocha´na for criminal inves- tigation.

Deputy Noel J. Coonan: I am disappointed with the Minister’s response. He is evading the issue and disclaiming responsibility. A recent Barnardos poll indicated that 82% of parents were concerned about mobile phone bullying. Two out of five young people is affected by it or knows someone who is. It is a matter of great concern. The Minister cannot walk away from the fact that he must take responsibility for mobile phone operators. He should either regulate them or introduce a standard code with which this matter can be dealt. It is a serious concern 214 Other 29 October 2008. Questions to people. Will the Minister publish a set of updated anti-bullying guidelines that can be used by mobile phone operators? It is 14 years since they were first drawn up and things have moved on in the communications field since then.

Deputy Eamon Ryan: I am concerned about this issue but it is a criminal act. It is an offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to harass a person by use of a telephone. It is also an offence under section 13 of the Post Office (Amendment) Act 1951, as amended by the Postal and Telecommunications Services Act 1983, to 3 o’clock send by telephone any message or other matter which is grossly offensive, inde- cent, obscene or menacing character. Given the provisions in legislation regarding such criminal behaviour, it is appropriate for that route to be followed when such incidents take place and to allow for due process under the law.

Deputy Noel J. Coonan: This is a cop-out on the Minister’s part. This matter concerns five to 14 year olds and dealing with it as a criminal manner is not the answer. An Irish-based company, Century, is travelling to Singapore under an Enterprise Ireland grant to install SIM cards that can deal with mobile phone bullying. It is simple to install and is urgently required but the Minister is not following it up. The time has come for him to take action and call in the operators to ensure the technology that is available is implemented and put an end to this growing problem.

Deputy Eamon Ryan: I believe this is a serious issue. That is why I believe that as it is a criminal activity the Garda Sı´ocha´na should be responsible.

Deputy Noel J. Coonan: When will the Minister do something about it?

Other Questions.

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Telecommunications Services. 110. Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources his views on consulting with the National Roads Authority in order that significant ducting can be put in place along the verge of new road structures to allow necessary cables to be put in place in the future at minimal cost; and if he will make a statement on the matter. [36907/08]

121. Deputy Deirdre Clune asked the Minister for Communications, Energy and Natural Resources if he will ensure his Department undertakes a comprehensive audit of national broadband infrastructure including wireless, fibre, copper and mobile in order that he has a clear picture of the gaps in physical infrastructure that need to be addressed; and if he will make a statement on the matter. [37173/08]

128. Deputy Billy Timmins asked the Minister for Communications, Energy and Natural Resources when he will make publicly owned ducting available to network operators on com- mercial terms to reduce the cost of fibre roll-out; and if he will make a statement on the matter. [37178/08]

Deputy Eamon Ryan: I propose to take Questions Nos. 110, 121 and 128 together. One of the main proposals of the consultation paper on next generation broadband is to facilitate private sector investment in next generation broadband networks. As the consultation paper indicates, major investment is already under way by the private sector, amounting to 215 Other 29 October 2008. Questions

[Deputy Eamon Ryan.] more than \400 million per annum, facilitated by a pro-competition, pro-investment regulatory regime. The paper also committed to providing access by private operators to public sector broadband assets. In particular, access will be facilitated to ducting that already exists along publicly owned infrastructure which could be used to provide backhaul connections. While it is my firm view the private sector has the primary role in investing in telecommunica- tions infrastructure networks, it makes sense to utilise State infrastructure assets to facilitate broadband connectivity on commercial terms, particularly where there may be market failure. Accordingly, I have proposed two additional actions in the consultation paper to support infrastructure deployment. Major public infrastructure projects will, in future, install ducting at construction stage to facilitate network roll-out. A one-stop-shop will be established to make it easier for service providers to access current and future ducting in State infrastructure. Department officials have commenced work to identify relevant State assets which can be used for ducting and laying fibre. They have also had discussions with the National Roads Authority to address the range of issues relating to third party access to their ducting. They will be following up quickly with the other State agencies, mainly in the electricity, gas and transport sectors to assess how best their assets can be accessed. My Department is also considering various models for a one-stop-shop. There are several possibilities to be examined and I am keen that whatever model is decided on will give service providers efficient and cost-effective access to State-owned ducting. My Department is progressing this work as a matter of urgency. I am determined that there will be tangible progress on this in 2009 so that we will realise the goal of co-ordinated access to broadband State assets next year. On high voltage electricity cables, Deputies will be aware that I recently published an inde- pendent Study on the Comparative Merits of Overhead Electricity Transmission Lines versus Underground Cables. The consultants who undertook the study noted that high voltage under- ground transmission cables do not compare favourably with overhead transmission lines in terms of electricity transmission system adequacy and reliability of electricity supply. The study also noted that the cost implications of underground cable proposals would be significant. The consultants stated the negative impacts associated with underground transmission cables cannot compensate for any of the advantages of such infrastructure.

Deputy Simon Coveney: First, I am not sure what the merits of underground versus over- ground in terms of electricity cables has to do with the roll out of broadband in terms of ducting. I do not see how those questions are relevant to each other. I ask the Minister to give a little more detail on what is asked for in Question No. 121, which is the national audit of broadband infrastructure. Surely the place to start with any new national broadband strategy for next generation networks is to establish what is there currently, what we can use, where there are gaps that need to be filled and what technologies are available to fill those gaps. That would seem to be a basic obvious way to move forward. The Minister stated his officials are working on a national audit of publicly-owned ducting, and that they will make tangible progress at some stage in 2009. There is another two months left in 2008. Why does it take so long to get basic information together from State-owned bodies as to the whereabouts of ducting for broadband infrastructure? Can I get a timescale from the Minister as to when we will have that national audit on publicly-owned ducting? Is the Department looking at privately-owned infrastructure as well with a view to providing, through regulation, open access to it so there is an overall telecom- 216 Other 29 October 2008. Questions munications web infrastructure across the country into which we can tap to provide more competition and more products at a cheaper price for consumers?

Deputy Eamon Ryan: I take Deputy Coveney’s point that the reply, in going into the issue of overground-underground cabling, possibly extends the intent of the original questions. Apologies for that. On the issue of timing, that first audit is only one part of the series of work that must be carried out. That will be carried out quickly, I would hope within a short period before the end of this year. There are other complex issues in terms of how one arranges, prices and fits in the access to an expanding private-sector network and how one connects it in a most useful way. The audit is a first crucial step but it is only one step in a series of measures through which one must work in a highly complex market where there are a number of different operators and where the need for access would vary tremendously depending on different commercial needs. Such access already exists in certain instances. If I can cite the bus infrastructure in Dublin where we have put in bus corridors, at that time ducting was put in place and that has proved hugely useful in terms of providing common access. Therefore, we are not starting without a base of experience of how it can work. In this project we want to provide a seamless connection across a range of different State infrastructure and a one-stop-shop means an operator need not go to the Railway Procurement Agency in one instance and the National Roads Authority in another. Those various pieces of ducting that each of those authorities have connect together. That will take a certain amount of time and co-ordination, but it is something we want to have completed within a year and have up and running next year. That is the target I have set my Department.

Deputy Liz McManus: I have a brief question. The Minister spoke of the National Roads Authority and the Railway Procurement Agency. Is he including the local authorities as road authorities? Presumably, they have a certain role to play in this. Perhaps he would comment on that. What has he done in the case of local authorities?

Deputy Eamon Ryan: It should include local authorities. It should also include sewage pipes, water mains and other State infrastructure, particularly where the ducting can be installed during construction. For example, in this year’s budget a major increase in funding was made available to local authorities for water infrastructure investment. I see no reason such water networks should not include ducting.

Deputy Liz McManus: Is it going to happen? Is the Department doing it?

Deputy Eamon Ryan: The task of my Department is to pull together the various diverse bodies into a single State resource under which ducting can be made available on an open- access basis to any commercial company.

Deputy Liz McManus: What kind of contact has the Minister had with local authorities across the country? What arrangements has he made with them?

Deputy Eamon Ryan: The first arrangement is with the Department of the Environment, Heritage and Local Government, which will work through the local authorities on a co- ordinated basis to implement the proposal.

Deputy Liz McManus: What has the Department done? 217 Other 29 October 2008. Questions

Deputy Eamon Ryan: It is working with my Department on the proposal.

Deputy Simon Coveney: My concern is that we will go to a lot of trouble to put together a national audit of broadband ducting infrastructure — and other forms of infrastructure that can be used for broadband roll-out, such as fibre-optic cable run along railway tracks or ESB cabling — but that we will not undertake an audit of privately owned infrastructure that is available for ducting. The audit of publicly owned infrastructure is only half the job. We cannot have an intelligent strategic approach which is of maximum benefit to the industry if we do not know what ducting is available in private ownership, for example, in the Eircom, NTL and Chorus networks. We need to know all infrastructure available in Ireland, in wireless form as well as physical ducting or fibres. In this way the Minister can, through regulation, ensure we open up access to all that infrastructure to facilitate competition. Is it the Minister’s intention to do that quickly, or is it his intention to consider only publicly owned infrastructure? Is it the Minister’s ambition to require open access to privately owned as well as publicly owned infrastructure, as has been done, for example, in France? This would have significant benefits in terms of promoting competition and allowing new entrants into the market by offering them access to infrastructure they would not otherwise have been able to access.

Deputy Eamon Ryan: We have a backhaul network around the country. The difficulty is the cost, particularly in isolated rural locations. There are regulatory systems in place that allow a company backhaul access if it wants to provide a service. The difficulty is that the cost is very high because the volume of business, having regard to the distance, is very low. Thus, it is expensive to build networks in certain locations, and difficult to obtain backhaul connections. Competition helps bring prices down. With the development of Eircom’s main network, a State-supported investment in an ESB backhaul network resulted in further competition to help bring prices down. Similarly, BT’s having access to a backhaul network running along railway lines provides competitive pressures which bring prices down. What we want to do in the provision of public infrastructure is to assist the roll-out of broadband. Effectively, what Deputy Coveney is saying is that the State should have access to all private networks. I do not believe that is the step we should take.

Deputy Simon Coveney: The Minister should regulate for open access.

Deputy Eamon Ryan: There is regulated access and there are regulated charges in terms of how broadband access works.

Deputy Simon Coveney: Could I clarify my question?

Deputy Eamon Ryan: What I want to do is to assist companies on an equal-access basis, where we do have ducting, in providing the backhaul network for whatever operator wants to use it.

Deputy Simon Coveney: On a point of clarification, I am not talking about operators getting access to existing infrastructure in terms of a wholesale product such as unbundling local loops, for example, where a company can use the Eircom infrastructure for the last mile to access homes. I will spell out the point by way of an example. If a company wants to provide physical infrastructure into a local business or a housing estate and Eircom owns ducting into that housing estate, will the Minister require it to share that infrastructure through regulating open access to physical ducting that currently exists throughout the country as opposed to companies asking Eircom if they can use its fibre at wholesale prices? There is a big difference between the two. 218 Other 29 October 2008. Questions

Deputy Eamon Ryan: Different models apply in the market. Certain wholesale providers of backhaul do it on the basis the Deputy is talking about in that they provide access to the unlit fibre and the client has full use of that ducting in their infrastructure to deliver it. Other operators will go on a wholesale basis. We are not talking about changing the market conditions for every different supplier in terms of the way they operate their business. What we are doing is using State infrastructure to try to assist each business to improve the backhaul infrastructure, recognising that the development of broadband on the demand side — mobile 3G systems, on- line video demand and so on — will require a massive increase in digital data traffic across the country and a significant development of the backhaul network. We want to make the State assets available to make that happen quicker and at least cost.

Regional Fisheries Boards. 111. Deputy Joan Burton asked the Minister for Communications, Energy and Natural Resources if the annual accounts of the regional fisheries boards in respect of 2007 and 2008 have been laid before the Houses of the ; if not, the reason for same; and if he will make a statement on the matter. [37146/08]

Deputy Sea´n Power: In accordance with sections 19 and 22 of the Fisheries Act 1980, as amended by the Fisheries (Amendment) Act 1999, each fisheries board is required, no later than a month after completion of audit, to present a copy of its accounts to the Minister. As Minister, I am required, within three months of receiving the accounts of the fisheries boards, and following my bringing of the accounts to Government, to lay them, together with the report of the Comptroller and Auditor General, before each House of the Oireachtas. My Department has, up to recently, received audited accounts in respect of 2007 from six of the eight fisheries boards and awaits audited accounts from the Central Fisheries Board and the South Western Regional Fisheries Boards. I understand reports on these accounts are still being finalised by the Comptroller and Auditor General. I intend to bring the audited accounts of the six boards to Government shortly and lay them before both Houses of the Oireachtas thereafter. The two outstanding audited sets of accounts will be brought to Government following com- pletion of the Comptroller and Auditor General’s audit and published thereafter in accordance with the statute. The 2008 accounts will be prepared by the boards in accordance with the Fisheries Act 1980, as amended by the Fisheries (Amendment) Act 1999, and I expect them to be laid before the Houses of the Oireachtas in 2009.

Deputy Liz McManus: Can I ask the Minister of State if all the reports from 2006 have been laid before the Houses because I am having difficulty in getting information? Does the Minister accept that the system is incredibly slow if we are waiting on the 2007 reports? I was asking about 2006 and 2007. I do not know how the question refers to 2007 and 2008 but that is my fault. I should have been careful about that but there appears to be a delay on the 2006 reports as well. I cannot understand how the production of these reports can be so slow and if it is the case that the Minister can bring a number of the regional fisheries boards’ reports forward, why was that not done before now?

Deputy Sea´n Power: I was not too sure but the point has been clarified regarding 2007 and 2008. The 2006 audited accounts were noted by the Government in May and are due to be laid before both Houses of the Oireachtas in the coming days. 219 Other 29 October 2008. Questions

Deputy Liz McManus: That is incredible.

Deputy Sea´n Power: The Deputy might let me make the point. Under section 10 of the Official Languages Act of 2003, annual reports and audited accounts must be published in both official languages simultaneously. The Irish translations of the 2006 accounts were only deliv- ered to us on 22 October.

Deputy Simon Coveney: Two years.

Deputy Sea´n Power: Sorry, in October 2008.

Deputy Simon Coveney: Yes, that is a year and a half.

Deputy Liz McManus: Does the Minister of State accept that this is ludicrous? He is about to engage in a radical alteration of the structures of the fisheries boards but the reports relating to 2006 have not yet been laid before the House. The purpose of this alteration is to save money and make the system more efficient. I do not know how it will be possible to do so if even the most basic information has not been released into the public arena. I suggest that it is not necessary to wait for the full Irish translation before the English version is published. If it is necessary to wait, is it not the Minister of State’s responsibility to ensure that the Irish text is published on time in order that the ludicrous situation will not arise — as in this case in respect of 2006 — where the relevant information is not available?

Deputy Sea´n Power: The outstanding accounts are with the Comptroller and Auditor General. I would not like to give the impression that there is something wrong or that some- thing underhanded is being done. The delay should not have happened. We will not be obliged to tolerate that delay much longer because the rationalisation to which I referred earlier is being carried out.

Deputy Liz McManus: This is the Minister of State’s responsibility.

Deputy Sea´n Power: I am quite happy to accept that responsibility.

Deputy Liz McManus: In that event, the Minister of State should get on with it.

Deputy Sea´n Power: It is also the Deputy’s responsibility to table the correct question. The original question refers to the wrong year. Everything is not perfect. The original question refers to 2007 and 2008. I am trying to be as helpful as possible. Under the Official Languages Act 2003, annual reports and audited accounts must be pub- lished in both official languages simultaneously. The Irish translations only arrived in the Department on 22 October.

Deputy Liz McManus: When were the Irish translations commissioned?

Deputy Sea´n Power: The Deputy asked a number of supplementary questions and I am happy to deal with them. We engaged in discussions with the Central Fisheries Board and the regional boards and we expect the process relating to the submission of Irish translations to improve in the future. Delays in the submission of these translations have caused difficulties in the context of producing reports and accounts on time. The Central Fisheries Board is obliged to make an annual report on its activities and on those of each regional board and fisheries co-operative society. In accordance with sections 19 and 22 of the Fisheries Act 1980, the Minister is required to lay the report and the accounts of 220 Other 29 October 2008. Questions the fisheries boards, together with the report of the Comptroller and Auditor General on those accounts, before each House of the Oireachtas.

An Leas-Cheann Comhairle: A brief supplementary from Deputy McManus.

Deputy Sea´n Power: To conclude, the submission——

An Leas-Cheann Comhairle: I wish to allow a brief supplementary from the Deputy.

Deputy Liz McManus: Does the Minister of State accept that it is his responsibility to ensure that this information is laid before the House? How does he intend to address the problem of long delays? Restructuring the fisheries boards in their entirety will take a long time.

Deputy Sea´n Power: The submission processes relating to the annual reports for 2006 and 2007 were not in compliance with statutory deadlines. Both reports were presented to the Government in May and July, respectively, but are yet to be laid before each House of the Oireachtas.

Deputy Liz McManus: So the Minister of State is breaking the law.

Deputy Sea´n Power: There have been delays in respect of receiving the Irish language version of each report from the Central Fisheries Board. Irish language versions of the 2006 and 2007 reports were only received last week. These report will be laid before both Houses of the Oireachtas in the coming days. If the Deputy requires a reason in respect of the rationalisation we are carrying out, I can provide it to her.

Deputy Liz McManus: Perhaps the Ministers should be rationalised.

Health and Safety Issues. 112. Deputy Paul Kehoe asked the Minister for Communications, Energy and Natural Resources the progress he has made in assessing the compensation claims of former miners who suffer severe health problems as a direct result of their time in the mines; and if he will make a statement on the matter. [37208/08]

143. Deputy Ruairı´ Quinn asked the Minister for Communications, Energy and Natural Resources the steps he will take to ensure that ex-miners are compensated for the health problems they have suffered after years of exposure to coal; and if he will make a statement on the matter. [37131/08]

148. Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources his plans to introduce compensation for people suffering health problems as a con- sequence of working in underground mines in the past; and if he will make a statement on the matter. [37248/08]

Deputy Sea´n Power: I propose to take Questions Nos. 112, 143 and 148 together. As stated in reply to Parliamentary Question No. 261 of 25 September 2008, I have no statutory authority to establish a specific scheme or tribunal to provide for compensation to people suffering health problems as a consequence of working in underground mines. In addition, I have no resources from which to fund such a scheme. The question of assistance to former miners, or any other categories of employees, who suffer health problems as a result of working conditions in the past is primarily a matter for them and their employers, and in so 221 Other 29 October 2008. Questions

[Deputy Sea´n Power.] far as the State is concerned, of disability or occupational injuries benefit entitlement under the social welfare code. I have not, therefore, assessed any claims for such compensation.

Deputy Noel J. Coonan: The Minister of State’s reply is most disappointing. What he said is total rubbish. He cannot, on behalf of the State, wash his hands of this issue. The Mines and Quarries Act 1965 not only gave the State responsibility for licensing mines, but also conferred on it the power to police them and ensure that they operated to satisfactory standards. Work was carried out in certain mines that was dangerous to human health. As a consequence of inadequate ventilation and exposure to dust, the surviving miners — of whom only 200 remain — suffered and are dying at a rate of three to four per month. What has happened to them and their families is a shame. The State has a responsibility in respect of this matter because it was responsible for licensing mines and for inspecting and policing them in order to ensure that they operated properly. It failed miserably in its duty. The Minister of State cannot say that he does not have a responsi- bility for the mines. He has such a responsibility and I want to know how he is going to meet that responsibility on behalf of the State.

Deputy Sea´n Power: I thought my reply was quite clear and I apologise if it was not the response the Deputy was hoping to receive. A group to lobby on behalf of former coal miners was established recently and launched a public campaign to seek compensation for those who had suffered illness, injury, disability or a deterioration of their physical as a result of employ- ment in the mines. The three locations specified by the group in question were the mines at Arigna in County Roscommon and Deerpark in County and the Ballingarry-Slievear- dagh coalfield in County Tipperary. The Deputy referred to the functions of the State. The functions of the mines inspectorate are carried out by the Health and Safety Authority. The person with responsibility in this area was identified under the Mines and Quarries Act 1965 as the Minister for Industry and Com- merce. The functions of said Minister devolved to the Minister for Enterprise, Trade and Employment and not, as is frequently claimed, to the Minister for Communications, Energy and Natural Resources. The fact that the State was involved in providing licences does not mean that it should automatically pick up the tab for difficulties that have arisen in respect of the health of the workers to whom the Deputy refers.

Deputy Noel J. Coonan: The State was also responsible for carrying out inspections.

Deputy Sea´n Power: I do not believe any Member would blame the Minister for Transport for injuries caused, while driving, by a motorist with a valid licence. We must be realistic with regard to matters of this nature.

Deputy Simon Coveney: That is not a fair comparison.

Deputy Sea´n Power: It is not an unreasonable comparison.

Deputy Simon Coveney: The State has responsibility for inspecting and licensing mines.

Deputy Sea´n Power: The Arigna mine operated under the private lease and the Deerpark mine was a completely private operation. While State mining licences applied at Ballingarry and parts of Arigna, the fact that an activity was undertaken under a lease or licence does not necessarily impose—— 222 Other 29 October 2008. Questions

Deputy Noel J. Coonan: Who was responsible for issuing the leases and licences? Who carried out the inspections?

Deputy Sea´n Power: ——an obligation on the leasee or the licenser.

Deputy Simon Coveney: We posed this question previously and received the same reply in respect of it. A number of people sought legal advice on this matter in the interim and the answers provided to date, and repeated here, have been examined. The Mines and Quarries Act 1965 seems to clearly indicate a secondary liability issue in the context of the State, as licenser and inspector of the mines, having a duty of care. The position is somewhat similar to that which obtained with regard to industrial schools. The State was obliged to pay its fair share of compensation in respect of people at such schools who were abused by those who were not working for the State. At the time in question, the State had a supervisory role in respect of industrial schools and, therefore, had a duty of care which it neglected. The same rationale can be used in the context of mining. I accept that mining was not a State business. However, the State had an integral role to play with regard to granting per- missions and inspecting the way in which mining was conducted. That is the issue we are getting at here. A small number of those who worked in mines, over many years in most cases, are still alive. They are looking for a small recognition of the fact that the conditions they worked in, under State licence and supervision, have had a dramatically negative effect on their health. That is the issue the Minister needs to address today.

Deputy Sea´n Power: I appreciate the concern expressed by Deputies McManus and Coveney for miners whose health deteriorated as a result of the work they had to do. The health and safety issues they raised are covered by the Mines and Quarries Act 1965. Under that legis- lation, this is purely a matter for the Health and Safety Authority, which is under the aegis of the Department of Enterprise, Trade and Employment. I have no statutory authority to estab- lish a tribunal to provide compensation to those people. I sympathise with the position in which they find themselves, but unfortunately I am not——

Deputy Simon Coveney: I am not asking for a tribunal.

Deputy Sea´n Power: I am making the point that I do not have the statutory authority to accede to the request that has been made in the House today.

Deputy Liz McManus: We understand that there is no statutory responsibility in this regard. That is our concern. We are talking about a small number of people, as Deputy Coveney said, primarily because many of them died prematurely, having suffered grave ill health. The number of people in this category who are still alive is not large. It is generally recognised that those to whom I refer have suffered unduly as a result of the work they did in years gone by. I understand that legislation pertaining to natural resources is due to come before the House. Will the Minister of State consider the plight of these people in that context? Will he ascertain whether it is possible to provide for them in the forthcoming Bill?

Deputy Sea´n Power: While I would like to help the people in question, I am not in a position to give the Deputy any positive news. This matter has come before the House on a number of previous occasions. I understand that a number of former miners met various Ministers over the years. I do not think the answer is going to change.

Television Licence Fee. 113. Deputy Jack Wall asked the Minister for Communications, Energy and Natural 223 Other 29 October 2008. Questions

[Deputy Jack Wall.] Resources the amount of revenue collected from television licences; the amount of revenue lost in respect of unlicensed televisions; and if he will make a statement on the matter. [37126/08]

Deputy Eamon Ryan: The amount of revenue collected from television licences to date in 2008 is just under \186 million. This revenue is made up of \141 million in respect of direct sales by An Post and \45 million paid by the Department of Social and Family Affairs for the issuing of free lifetime licences. In negotiating the annual target sales to be reached by An Post, my Department factors in a target of a 1% increase in the overall licensee base as a means of reducing the level of evasion. I am not in a position to accurately estimate the number of unlicensed televisions. The television licence fee forum, which comprises representatives of my Department, An Post, RTE and the Department of Social and Family Affairs, was established in November 2007. It is examining the efficiency of the present television licence fee collection system. Part of its remit is to discuss ways of tackling evasion and to agree a methodology which all parties can agree on in respect of the calculation of evasion. The Broadcasting Bill 2008, when enacted, will allow for the introduction of different classes of licences, which may alleviate some of the reasons for evasion. Some people will not buy a licence if they think they will not get a full year’s value out of it. Owners of holiday homes and people who know they will become eligible for a free licence during the year are among those who may decide not to purchase a licence. The loss of revenue that results from people’s failure to buy a licence could be resolved with the introduction of partial licences.

Deputy Liz McManus: Does the Minister not consider that it is inadequate to respond by mentioning that a forum was established in 2007? Does he agree it is strange that the extent of evasion has not yet been determined in that context? I would have thought that the forum would have come up with some kind of figure, in relation to the extent of evasion, by now. Of the 260,000 new homes which were built over the last five years, one in five does not have a television licence. That seems to be an indication of the level of evasion that is taking place.

Deputy Sea´n Power: I am sure the level of evasion is much smaller in County Wicklow.

Deputy Liz McManus: Radio advertisements appear to have dropped the claim that 18,000 inspections are carried out each month. That decision is to be welcomed because nobody believed that was the case. Does the Minister accept it is important to draw on this source of revenue, particularly since it has become evident that broadcasters like RTE and TV3 are experiencing a decrease in advertising levels? Does the Minister intend to introduce licences in respect of computers and mobile devices which are used to access radio and television services, but are not currently liable for licence fees?

Deputy Eamon Ryan: I accept the Deputy’s assertion that it is important to ensure we collect all television licence fees which are due. All broadcasters are about to experience a difficult time. I will assist the House by mentioning some figures I have to hand which make it clear that the number of licences being sold has increased recently. In 2007, An Post’s number of direct sales increased by 45,300. The number of direct licence sales by An Post this year, to the end of September, stands at 757,795. That figure is 17,200 higher than the figure at the same time in 2007. Deputy McManus mentioned the impact of house construction over recent years. If I remember correctly, it was planned that there would be almost 80,000 house completions in 2007.

224 Other 29 October 2008. Questions

Deputy Liz McManus: I referred to the number of houses which were built over the last five years.

Deputy Eamon Ryan: I am speaking specifically about 2007.

Deputy Liz McManus: Okay.

Deputy Eamon Ryan: I have given the figure available to me in respect of additional An Post direct sales in that year. Perhaps the increase can be partly accounted for by the increase in the number of social welfare recipients. Some properties which were purchased are not being lived in. We have to investigate and pursue the extent to which evasion is taking place in that context. That is why the co-ordinating body has been established. Deputy McManus also raised the secondary issue of the possible extension of the licensing system to computers and mobile handsets. Such devices will have increasing broadcast capa- bility as streaming access becomes more widespread. A difficulty arises when one has to decide at what point one changes one’s licensing system in recognition of the evolution that is taking place. One needs to ensure one does not lose much of the revenue one currently receives. I will refer to two interesting studies which have been undertaken in this regard. The UK Government has examined this matter in great detail. It has decided that the point at which such a switchover is justified has not yet been reached. We came to the same conclusion when we were developing the Broadcasting Bill 2008. I was interested to note the projections for the broadcasting area that were outlined in a report on international media developments that was produced by PricewaterhouseCoopers. The report found that the steady evolution of the many- to-many broadcasting environment will turn into increasingly rapid growth over a five-year time horizon. It predicted that new Internet and other broadcasting systems will be used to deliver computer broadcast services. The international analysis to which I refer suggested that the traditional broadcasting format, whereby a small number of broadcasters provide services to a large population, will continue to be the dominant broadcasting mode over the next five years.

Deputy Simon Coveney: The Minister’s initial response was unclear. Does he accept that if it costs more than \12 million to collect \200 million, the system is fundamentally flawed? Does he intend to continue to link the funding of public service broadcasting with the ownership of televisions? Does the Minister agree that the system whereby people have to go around the country knocking on people’s doors, checking whether there are televisions in bedrooms, is an outdated mode of funding public service broadcasting? RTE has suggested that the level of licence fee evasion is between 15% and 20%. We are all paying for those who evade. Would it not be more effective to introduce a new system, requiring all households to pay a contribution towards the funding of public service broadcasting in Ireland? Such a system would deal with the evasion issue and remove the outdated model that connects the funding of public service broadcasting with television ownership.

Deputy Liz McManus: It is generally accepted that the level of evasion is approximately 15% . Perhaps the Minister will say whether he thinks that figure is correct. Would he consider abandoning the forum? After existing for well over a year it has not come up with the figure for evasion or the proposal on how to update the licence fee collection. Would the Minister accept that Germany has bitten the bullet and created a licence fee for mobile devices?

Deputy Eamon Ryan: We must be careful as to how such an alternative process on mobile devices or a charge on data communications could have potential adverse effects regarding the development and encouragement of some new mobile technologies. I want us to be an early 225 Other 29 October 2008. Questions

[Deputy Eamon Ryan.] adopter of many of the new internet technologies. I would be nervous about immediately adopting a charge on them as an alternative to the current licence fee system. While nobody can be happy with the evasion, of which we are aware and which we are trying to reduce, it is still a working model which delivers. This year we are estimating a sum of \232 million.

Deputy Simon Coveney: How much does it cost to collect that?

Deputy Eamon Ryan: There is a cost attached to that but it is a guaranteed model. When RTE was asked, in the joint Oireachtas committee on this issue in recent years, about its preferred development, it said that despite its statements on the level of evasion it wanted to hold on to the current system because it at least gave certainty on the revenue available to broadcasters.

Deputy Simon Coveney: That is no reason.

Telecommunications Services. 114. Deputy Michael D’Arcy asked the Minister for Communications, Energy and Natural Resources when legislation will be introduced to require the installation of open access fibre connection in all new premises being built here; and if he will make a statement on the matter. [37184/08]

Deputy Eamon Ryan: In July 2008 I published a consultation paper on next generation broadband. The introduction of a regulation to require the installation of open access fibre connection in new premises, where practicable, was one of the proposed policy actions. I am keen to progress this quickly and I have set up a working group comprising officials from the Department of the Environment, Heritage and Local Government, ComReg and my Depart- ment to examine a range of practical issues that need to be addressed before a regulation can be put into effect. These include the technical specifications and standards that will be required for open access fibre, cost implications and whether universal application is practicable. I intend that the group will have concluded its work, with new regulations, as a matter of urgency.

Deputy Simon Coveney: This is a ministerial and Government commitment to have this completed and done by the end of this year. It will cost no money. It is about regulation and requiring all new buildings to have ducting in place to facilitate the kind of infrastructure we talked about earlier. Will this measure be completed by the end of the year?

Deputy Eamon Ryan: The key is to get it right, whether it is December this year or January next year. I would have wanted it earlier rather than later but above everything else one needs to get it right. There are significant cost implications and technical issues that must be got right so builders going into buildings know exactly what they are doing and users, telecom operators and the householders get value for money through sensible regulations. Within a short space of months I expect to see those in place.

Deputy Simon Coveney: This is the new utility. All new houses, as well as having water, power and sewerage, will have a new communications and entertainment infrastructure coming in and out. Would the Minister accept the industry has grown impatient with him and his Department regarding taking definite actions to facilitate competition and the roll-out of next- generation broadband? That the Minister has fudged again on a definite timescale for making this happen, having given a commitment in the summer that it would happen by the end of the year, again undermines confidence in him regarding his ability to deliver on broadband promises. 226 Leaders’ 29 October 2008. Questions

Deputy Eamon Ryan: The industry has seen the demand or sales of broadband double in the approximate year and half that I have been in office.

Deputy Simon Coveney: That is no thanks to the Minister. It is demand led.

Deputy Eamon Ryan: Decisions I have taken, difficult in some cases, contrary to what Deputy Coveney has advised in many instances, have created a more secure environment for the industry to invest over \730 million this year and introduce new broadband packages offer- ing up to 50 megabit connectivity that did not exist before I came into office. I am happy to stand over the record and see an industry which is beginning to invest and customers who are beginning to benefit from decreasing prices, increasing speeds and to continue that progress into the new year.

Deputy Simon Coveney: That is in spite of Government action.

Deputy Eamon Ryan: It is because of Government action.

Deputy Simon Coveney: Perhaps the Minister would itemise the Government action taken in this area. In my experience, industry people tell me they are rolling out broadband facilities and making investments, particularly in the mobile sector, but it is despite the lack of decision making on regulation or investment. One of the examples of that is that we spent \50 million on phase 2 of the metropolitan area networks, yet we will not give a contract to manage them. Why is that?

Deputy Eamon Ryan: I said in my response earlier that we have measures in place which allow access to that infrastructure. I am happy that the strategic decisions we have taken in the last year in particular——

Deputy Simon Coveney: How many of the 66 MANs are not lit up now in phase 2?

Deputy Eamon Ryan: ——which have ensured we are not facilitating one operator or plat- form ahead of another were correct. That resulted in a number of operators investing very speedily in the new networks we need.

Deputy Simon Coveney: What has the Minister done?

Deputy Eamon Ryan: When different advice and direction could have been taken elsewhere I set out that path and it has been verified by the improved take-up of broadband. I look to expand on that through direct State intervention in terms of access we provide into houses, use of State infrastructure, broadband delivered to our schools and a next-generation broadband scheme which will cover every area of the country.

Deputy Simon Coveney: They are all promises. That is the problem. The Minister has not delivered on any of them.

Deputy Eamon Ryan: Those direct Government measures, which are being delivered, will allow us to go further from the base we have.

Leaders’ Questions. Deputy Enda Kenny: Last week, during the Taoiseach’s absence in China on national busi- ness, this country witnessed the power and anger of elderly people who came on to the streets in their thousands to make the case against what the Government was doing to them. Later in the afternoon they were joined by younger people regarding the Government’s intentions on 227 Leaders’ 29 October 2008. Questions

[Deputy Enda Kenny.] third level education. The Government does not fully appreciate what is happening on the ground and on the streets regarding the education cuts proposed in the budget. It gives the impression the Government members are like headless chickens running all over the country with a discussion document while they are not prepared to realise the implications of what they have done. The Minister for Education and Science, Deputy Batt O’Keeffe, may present himself like Leonidas at the pass where he will stand in defence of the decisions made by Government on education cutbacks. I cannot understand how the Taoiseach, Deputy Cowen, could make a decision that would, for instance, take school books from Travellers. It is a relatively infinitesi- mal amount, but so important in the context of their education. I cannot understand how he could remove language support teachers from classes when there are implications across the board for those pupils and the rest of the classes involved. If some pupils have difficulty learning through English because they never had a chance to learn it, and will have teachers withdrawn, surely the Government realises the implications of that and the difficulties it will cause. There will be no cover for duty carried out by members of the teaching profession at primary and secondary levels, which is so important to the Taoiseach. For example, in the area of science, will teachers be provided with cover if they bring students to the Young Scientist Exhibition in January? We do not have access to the figures at the Taoiseach’s disposal. I asked the Ta´naiste a question last week in that context, to which she was unable to give a reply. The Minister for Education and Science, Deputy Batt O’Keeffe, has said that 200 teachers will lose their jobs at primary level and a further 200 will lose their jobs at secondary level. The school enrolment figures were submitted to the Department on 30 September. Is the Taoiseach prepared to publish those figures now, or within the next 48 hours, so we can ascertain, based on the up- to-date figures, what the true number of job losses in the teaching profession will be? I am interested here in the impact on children, at primary and secondary levels, of what the Govern- ment has done.

The Taoiseach: As the Leader of the Opposition has already pointed out, a Private Members’ motion has been tabled and a debate will take place this evening and tomorrow, during which all of these issues can be addressed in some detail. The Government has had to allocate scarce resources and the Department of Education and Science has been given increased resources this year, unlike many other Departments. One of the unfortunate issues is that 80%, or four fifths, of moneys in education relate to payroll and pension costs. On the question of finding savings, we are going back to the teaching schedule of September 2007. This is what is required in order to ensure we maintain the budgetary parameters we have set ourselves. That is what has been proposed by the Minister for Education and Science and adopted and agreed by the Government. Obviously, we must implement these decisions in the interests of recognising that there are certain unavoidable additional costs coming on stream in that budget in 2009 which also have to be accommodated. All of this is against the background of an increase of 300% in funding for education since 1997. Capital investment in the sector has been unprecedented, as has the increase in the number of teachers and teaching assistants. However, we are in a new economic situation now and budgetary decisions must be taken in that context. Given that approximately three quarters of total day-to-day spending is on health, education and social welfare, to suggest that one could deal with the difficulties without impacting on those areas is to underestimate and funda- mentally misunderstand the size of the problem we face. 228 Leaders’ 29 October 2008. Questions

The debate this evening will enable Members on all sides of the House to discuss the issues and the Minister for Education and Science will take the opportunity to do so and to outline the situation in detail, including in relation to enrolment figures or any other queries Deputy Kenny may have.

Deputy Enda Kenny: The Taoiseach has not answered my question. The Government has the enrolment figures which were submitted at the end of September. Is the Taoiseach prepared to publish those figures so we can verify the number of teaching posts that will be lost? The question is a straightforward one — will the Taoiseach publish the figures? I do not have access to the figures but the Department has them. I note that the Taoiseach has been joined by the Minister for Social and Family Affairs, Deputy Hanafin, who explained on radio recently that she was going to do young people with disabilities a favour by raising the age at which they can claim disability allowance from 16 to 18 years. What the Government has done here is quite incredible. I cannot understand how Deputy Brian Cowen, as a Deputy or as Taoiseach, can stand over a situation where language resource teachers will be deliberately withdrawn from schools and will no longer be able to teach English to students who need it. That will also impact on other children who speak English but who need educational stimulation right across the board and it will be to the detriment of the younger generation. Government Ministers have been asking what Fine Gael proposes to do. They want to know why we cannot have a renewed Tallaght strategy. I have rejected that notion because of the carry-on of the Government. I am glad to see that the Minister for Education and Science, Deputy Batt O’Keeffe, has arrived back from far away China. The reason given for the medical cards debacle was the need for cutbacks. My party has proposed that there should be a pay freeze across the public sector for those earning more than \50,000 per annum. If increments are included, that would yield \400 million, or \300 million without increments. In the education sector alone, \300 million would enable all of the services that are due to be cut back to continue.

Deputy Brian Hayes: That is right.

Deputy Enda Kenny: The Government is going to bring mayhem to classrooms, cause savage disruption for parents all over the country and deliberately do down the education of the young. Children need to be in classes of a reasonable size in order to be able to compete with their peers internationally. We will fall behind in that regard by virtue of the Government’s decision. Does the Taoiseach accept that a pay freeze for those in the public sector earning more than \50,000 per year for 12 months would yield \300 million? That money would save all of the services that are to be cut, namely, books for travellers, language resource teachers, resource teachers and cover and substitution where required. In that way, the Government would not inflict, by deliberate short-sightedness, absolute mayhem on schools or cause consternation for parents all over the country.

The Taoiseach: Last week, Deputy Brian Hayes indicated that implementing a pay freeze for teachers who earn over \50,000 would save \128 million a year. The proposal Deputy Kenny is now making is that such a pay freeze should apply to all public servants, but we work in partnership with public service unions. In fact, we want to work in partnership on this issue as well. Social partnership is not just about working together in good times, but also in bad times. It is also about implementing difficult decisions, some of which one would prefer were not 229 Leaders’ 29 October 2008. Questions

[The Taoiseach.] necessary, but by reason of the economic circumstances in which we find ourselves are necessary. The Minister of Education and Science has contended, and it is true, that there have been great improvements in the education system over many years in terms of both capital and current spending. Improvements have been made in the pupil-teacher ratio and in the numbers assisting teachers, who are there in their thousands as opposed to their hundreds, as was the case when we took office more than ten years ago. Huge investment has been made, quite rightly, in education and that will continue next year and in the years thereafter. However, the investment cannot be at the levels of the recent past because of the situation in which we now find ourselves. One of the accommodations we must make relates to the pupil-teacher ratio, which will be increased by one at primary and post- primary level. The Minister has pointed out that, in net terms, he expects that to equate to 200 teachers at each level and he outlined to the House the basis for that expectation. In terms of the overall number of teaching posts, we are talking about less than 1% whereas other Depart- ments have been asked to make payroll savings of 4% in order to deal with the situation.

Deputy Enda Kenny: That point was not mentioned before now.

The Taoiseach: I do not accept the contention that the proposed changes will put children at an irreversible disadvantage or lead to a drastic reduction in service. We are talking about going back to the situation that pertained in 2007 which itself was far better than preceding years. That is what the Minister is putting forward——

Deputy David Stanton: A child is only five once.

The Taoiseach: This decision must be implemented in order to meet the budgetary par- ameters that we have set ourselves. That is what the Government is committed to doing.

Deputy David Stanton: A child is only five once and only gets one chance.

Deputy Eamon Gilmore: Before we debate the Labour Party Private Members’ motion on the education cuts and the Government’s scandalous and short-sighted decision to increase class sizes, I seek clarification from the Taoiseach as to where the Government stands on these issues. We have had two different messages from the Government in recent days. 4 o’clock From the Taoiseach and the Minister for Education and Science we have had the message that there will be no change; that the Government is hanging tight and standing firm; and that there will be no change in the education measures, including the decision to increase class sizes, which was made in the context of the budget. We heard a different message from the Green Party yesterday. Following its meeting the Green Party issued a statement saying it was seeking changes in education funding on an ongoing basis, especially in the short term. The Green Party has apparently decided to send Deputy Paul Gogarty to negotiate with the Minister for Education and Science. It must be the first time that a party in Government has sent a backbencher to re-negotiate measures already agreed by its Ministers in Government.

Deputy P. J. Sheehan: They have gone underground.

Deputy Kathleen Lynch: A letter from St. Paul to the Thessalonians.

Deputy Eamon Gilmore: When it comes to this exchange, my money is on the Minister, Deputy Batt O’Keeffe. Will the Taoiseach answer specifically—— 230 Leaders’ 29 October 2008. Questions

Deputy Pat Rabbitte: My concern is with Deputy Gogarty.

Deputy Eamon Gilmore: Will there be changes? The Green Party says there will be changes, but that it will take more than two days to negotiate these with the Minister for Education and Science. It says there will be changes and has communicated as much to parents who have been in contact. It says Deputy Paul Gogarty will negotiate these changes, but it might take a while to do so. Will there be changes or not? Will the Government change the decision to increase class sizes? Will it change the decision to cap the number of language support teachers? Will it reverse the decision to take \7.5 million from the small grant available for school books? Will it reverse the decision to take the \2 million available for capitation for traveller education, the \2 million available for school libraries, the measures to cut grant supports for the applied leaving certificate and the other measures designed to keep children in schools? Will the Government say whether there will be changes in the announcements on education cuts, especially on the issue of class sizes?

The Taoiseach: We are bringing forward a counter-motion supportive of the Government in response to the motion from the Labour Party. This outlines our position and recognises the economic situation we face. Difficult decisions must be taken, including those on education. The counter-motion also outlines the significant improvements seen in education in recent years. It outlines our commitment to working with our partners in education in the implemen- tation of these decisions, which must be implemented. There is a commitment from Govern- ment, which is always the case since we are parties which have always supported education during the good times and have shown as much in successive budgets and Estimates. However, given the new situation, we maintain as soon as the economic situation improves we can revert to those policies of expansion and improvement. In the meantime the position is that given the economic downturn affecting this country and others, we must take the decisions for the coming financial year which are the responsibility of a Government, and we must proceed with those decisions. We will do so in as sensitive, honest and decent a way as possible. The Minister for Education and Science has responsibility for the day-to-day budget and he will continue to act and to implement the decisions taken by the Government. The counter- motion set out by the Government confirms that decision. From the time this issue arose after the budget, the Minister for Education and Science has outlined that the question of two language support teachers per school was being re-introduced——

Deputy Brian Hayes: It was three per school.

The Taoiseach: He further said if there was a problem in a particular school he would seek to examine the matter sympathetically to see if he could increase the complement there if it were justified in particular, given circumstances. The Minister has been open to seek to achieve this. The Minister has outlined the position in full and has indicated his intentions already.

Deputy Eamon Gilmore: I thank the Taoiseach for his reply, because he has answered the question I put. There will be no change and the counter-motion tabled by the Government confirms this. The Taoiseach is correct. There is not a fig-leaf, whether organic or genetically modified, to cover the political embarrassment of the Green Party. The Taoiseach’s Green Party colleagues in Government are telling parents they will negotiate changes in the education cuts announced by the Government and the Minister for Education and Science. I acknowledge the variation in the number of language support teachers. The Minister already said he was open to considering applications from individual schools. However, it is 231 Leaders’ 29 October 2008. Questions

[Deputy Eamon Gilmore.] clear from the Taoiseach’s reply that the Government’s position and that of the Minister for Education and Science is that there will be no change. This is significantly at variance with what the Taoiseach’s partners in Government are trying to communicate. The Green Party has found itself in a situation where it has been running the education issue up the flag pole for some time. It made a significant issue of the matter at the last general election. It is confronted with a motion on which it must vote. However, to buy political time and space Green Party members said, following their meeting yesterday, they would negotiate some changes, that Deputy Paul Gogarty would negotiate with the Minister, Deputy O’Keeffe, that it could take more than two days, but if left with them they would get results. The Taoiseach’s reply is clear, they will get no results. The so-called negotiation between Deputy Gogarty and the Minister, Deputy O’Keeffe, is a waste of time. It is simply a fig-leaf, a way of getting over the politically embarrassing hump of this evening and tomorrow and a means to buy time. The Taoiseach’s answer to my first question, which I fully acknowledge, is clear. The Taoiseach, the Minister for Education and Science and the Government have decided that they are not for turning on the education issue. This presents a fundamental challenge and difficulty for the Taoiseach’s partners in Government, as the Green Party indi- cated it wishes to negotiate on the matter.

The Taoiseach: I understand precisely the tactic Deputy Gilmore seeks to employ in an effort to sow divisions in the Government. There is no division in the Government about the necessity to deal with the issues——

Deputy Joan Burton: Where are the members of the Green Party?

The Taoiseach: We have concerns as have every party when there are issues affecting education.

Deputy Brendan Howlin: There is not even a token Deputy present.

The Taoiseach: We have seen outstanding results from investment in education and there will be continued investment in education next year. There will be \586 million spent on improving, constructing and extending schools throughout the country.

Deputy Brian Hayes: There will be 2,000 fewer teachers.

The Taoiseach: Some ten years ago the figure from the party on the opposite side of the House was \80 million.

Deputy Fergus O’Dowd: Publish the figures.

Deputy Enda Kenny: Reduce class sizes.

The Taoiseach: Let us be under no illusion. There will be continued and serious investment in education. However, we face budgetary parameters. Were the Opposition parties in Govern- ment, they would have to contend with this issue also. I say to the people simply that we will continue our investment in education next year and in the years ahead and in better times we will accelerate that investment. However, we face a situation which any responsible Govern- ment would face. The budgetary reality is not unique to this country, it is a position faced by every other developed economy. Decisions must be taken, not motivated by penalising people——

Deputy Enda Kenny: Such as withdrawing medical cards? 232 Ceisteanna — 29 October 2008. Questions (Resumed)

The Taoiseach: ——but motivated by ensuring we sustain, to the greatest extent possible, the solid achievements built up in the past ten years. This is the purpose of adapting and making the adjustment now. If we do not——

Deputy Michael Creed: The Government is not sustaining anything. They are making class sizes bigger.

The Taoiseach: ——it is clear that the budgetary situation will deteriorate further and the cuts contemplated would be even greater.

Deputy Bernard J. Durkan: It could be worse.

The Taoiseach: Even with the discipline we are exercising — the \2 billion expenditure cuts involved in the budget and the \2 billion extra in taxation — we still have a current budget deficit which must be addressed in future years. Further strategic decisions will have to be taken.

Deputy Michael Creed: A mini-budget.

The Taoiseach: Any suggestion to the contrary is not being honest with the people. Whatever the popularity stakes, I will be honest with the people.

Deputy Paul Kehoe: The Taoiseach should try telling that to the teachers.

Deputy P. J. Sheehan: That is the greatest conversion since St. Paul went on the road to Damascus.

Ceisteanna — Questions (Resumed).

————

Official Engagements. 1. Deputy Enda Kenny asked the Taoiseach when he will next meet with the President of the European Commission; and if he will make a statement on the matter. [29472/08]

2. Deputy Enda Kenny asked the Taoiseach if he will report on his recent contacts with other European Union Heads of Government; and if he will make a statement on the matter. [29476/08]

3. Deputy Enda Kenny asked the Taoiseach if he has received an agenda for the October 2008 meeting of the European Council; and if he will make a statement on the matter. [29481/08]

4. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on his attendance at the meeting of Heads of State and Government of EU and Mediterranean countries in Paris on 13 July 2008. [29512/08]

5. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on his discussions with political leaders during his visit to Paris on 13 and 14 July 2008. [29513/08]

6. Deputy Enda Kenny asked the Taoiseach if he will report on his recent visit to Paris; and if he will make a statement on the matter. [29516/08] 233 Ceisteanna — 29 October 2008. Questions (Resumed)

7. Deputy Enda Kenny asked the Taoiseach if he will report on his recent meeting with the President of France, Mr. Nicolas Sarkozy; and if he will make a statement on the matter. [29517/08]

8. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach if he will report on his meeting with the President of the European Council, Mr. Nicolas Sarkozy on 21 July 2008; and if he will make a statement on the matter. [29525/08]

9. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on the outcome of his meeting with President Nicolas Sarkozy in Dublin on 21 July 2008. [29610/08]

10. Deputy Eamon Gilmore asked the Taoiseach if he has received an agenda for the EU summit in October 2008; and if he will make a statement on the matter. [29611/08]

11. Deputy Eamon Gilmore asked the Taoiseach the contacts he has had with other EU leaders since the June 2008 summit; and if he will make a statement on the matter. [29612/08]

12. Deputy Enda Kenny asked the Taoiseach if he will report on his meeting on 1 October 2008 with the French President, Mr. Sarkozy; and if he will make a statement on the matter. [33359/08]

13. Deputy Eamon Gilmore asked the Taoiseach the matters discussed and conclusions reached at his meeting in Paris on 1 October 2008 with President Sarkozy; and if he will make a statement on the matter. [33562/08]

14. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on the outcome of the summit of EU leaders on 15 October 2008. [35005/08]

15. Deputy Enda Kenny asked the Taoiseach if he will report on his attendance at the special meeting of the Heads of Government of the eurozone member states in Paris on 12 October 2008; and if he will make a statement on the matter. [35741/08]

16. Deputy Enda Kenny asked the Taoiseach if he will report on his attendance at the European Council meeting on 15 and 16 October 2008; and if he will make a statement on the matter. [35742/08]

17. Deputy Enda Kenny asked the Taoiseach the bilateral meetings he held on the margins of the recent European Council meeting in Brussels; and if he will make a statement on the matter. [35743/08]

The Taoiseach: I propose to take Questions Nos. 1 to 17, inclusive, together. On 16 June, I met Prime Minister Gordon Brown in Belfast on the occasion of the visit of President George W. Bush. On 13 July, I attended the Euro-Mediterranean Summit which formally launched the “Barcelona Process: Union for the Mediterranean”. This summit, in Paris, was an initiative of President Nicolas Sarkozy. The summit was an important step in strengthening and widening existing relations between the EU countries and countries from the Mediterranean region. The summit also provided a stronger basis from which the EU and Mediterranean partners can co-operate on responses to common challenges such as climate change and security of food supplies. While at the summit, I also met bilaterally with Prime Minister Brown, as well as speaking to a number of other Heads of State and Governments. At the invitation of President Sarkozy, I also attended the French national day celebrations along with other Heads of State and Government in Paris on 14 July. 234 Ceisteanna — 29 October 2008. Questions (Resumed)

President Sarkozy visited Dublin on 21 July. This was the first official visit within the Union by President Sarkozy in his role as President of the European Council. During our meeting we discussed the Lisbon treaty and the outcome of the Irish referendum. I explained that the Irish Government fully respects the verdict of the Irish people and that the Government needed to develop a fuller understanding of the concerns that affected the outcome of the referendum, before moving to identify a way forward for the Union which could have the support of all member states. President Sarkozy confirmed that he too respected the outcome of the Irish referendum, but welcomed the fact the ratification process is continuing in other member states and expressed his commitment to the Lisbon treaty. We undertook to work closely together in the following months. On 24 July, I met with Prime Minister Ivars Godmanis of Latvia in Government Buildings as part of the Prime Minister’s working visit to Dublin. Our discussions focused on economic issues and the outcome of the referendum on the Lisbon treaty. An extraordinary European Council was held on 1 September to discuss the Russia-Georgia situation. I spoke informally with a number of EU Heads of State and Government on the margins of that summit. I had a discussion with Prime Minister Rassmussen of Denmark on the margins of the United Nations Millennium Development Goals Summit on 25 September. I have also spoken by phone with a number of other Heads of State and Government. President Barroso and I had a meeting on the margins of the United Nations Millennium Development Goals Summit and we have also spoken by phone. When President Sarkozy visited Ireland in July, he and I agreed that we would meet again, in Paris, before the October European Council meeting. That meeting took place on 1 October. I was accompanied by the Minister for Foreign Affairs. We discussed the Lisbon treaty and I outlined the main findings of our recent survey. I also explained that an Oireachtas committee would now examine the matter in some detail. I told him I would give a thorough progress report to the October Council meeting. We agreed to maintain our close contact in the follow- ing weeks and months. We also discussed the financial markets and I briefed him on the Irish Government’s bank guarantee scheme. We discussed briefly the Commission’s proposals for climate change, and the need for greater flexibility to ensure member states would meet their

CO2 emission reduction targets. I attended a meeting of the Heads of State and Government of the eurozone countries in Paris on 12 October. This meeting was convened by President Sarkozy in response to the ongoing uncertainty in financial markets. Along with the presidents of the European Central Bank and the European Commission, we agreed on a declaration setting out a range of measures which individual member states may avail of, according to their national circum- stances, in order to provide greater liquidity and, where necessary, capitalisation to financial markets. The agreement reached in Paris is a very important step in the ongoing international effort to provide reassurance to the financial markets and to the general public. I attended the European Council in Brussels on 15 and 16 October. I was accompanied by the Minister for Finance, the Minister for Foreign Affairs and the Minister of State with responsibility for European affairs. As I will make a statement to the House on the Council shortly, I will now merely give a summary account of its proceedings. Discussions at the Council took place against the context of the crisis in the financial markets. The European Council affirmed that it is determined to take co-ordinated and thorough action to restore the smooth running of the financial system, thus ensuring the normal and effective financing of the econ- omy and a return towards growth and employment. The Council also endorsed the principles of the concerted action plan agreed in Paris by the eurozone countries. Climate change and energy issues were also discussed. 235 Ceisteanna — 29 October 2008. Questions (Resumed)

[The Taoiseach.]

At the Council I presented a progress report on the post Lisbon treaty referendum situation in Ireland, which is something I undertook to do when the issue was last addressed at the European Council in June. I informed my colleagues of the substantive steps taken since 12 June, and the findings that have emerged. I outlined my aim that by December, we will have identified the necessary steps that need to be taken with a view to defining the elements of a solution and a common path to follow. The conclusions of the Council, which have been placed in the Oireachtas Library, accurately reflect that position.

Deputy Enda Kenny: I assume that the Taoiseach briefed the Heads of Government on the Millward Brown analysis of why people voted the way they did on the Lisbon treaty. Reports were that the Taoiseach gave an in-depth presentation to the members present. President Sarkozy said that he expected the ratification process of the Lisbon treaty to continue, and that he expected agreement between the 27 member states on the common path to follow during the European Council meeting in December. What position is the Taoiseach in to give a briefing on that path and how it is to be followed? At their Paris meeting on 12 October, the eurozone countries set out a common set of rules to assist the banking sector until the end of 2009. Governments are entitled to guarantee loans between banks and they can buy preference shares. The final text of the pledge stated that each member state will make available to financial institutions tier one capital. I know that the Government made an effort to change the word “will” to “can”, but that was not adopted. The Taoiseach said last week that the banks were well regulated and well capitalised. Arising from the current situation, does he envisage a situation where the Government must capitalise the banks? In the context of the agreement by the eurozone countries on 12 October in Paris, how does the Taoiseach see that happening and to what extent?

The Taoiseach: What was agreed in discussions on our position in the aftermath of the Lisbon treaty at the October meeting was that we would outline a progress report. The conclusion of that meeting was that we would work with the institutions and with other member states to see if we can address the concerns that arose out of the research we conducted. We can then chart a way forward from there. That process of engagement continues with the institutions and with the Presidency. We undertook to come back in December to see what progress has been made and to set out a road map. Some of the issues concerning them relate to other institutional matters, such as the basis under the which the European elections will be held in June. They need to get clarification about that, and we need to get clarification about what they can do to assuage the concerns that arose on various matters. I will outline in detail in my statements on the Council what those specifics were. The eurozone meeting was called in an effort to co-ordinate a response at that level. We had already made our move prior to that, in our own national interest. We had been in touch with the competition Commissioner to ensure that we were in compliance with EU state aid and competition rules. The confirmation of compliance arose upon our return from that meeting late that night. Various opinions were put forward on the statement that was to be made. It is not mandatory that Ireland had to capitalise its banks. Chancellor Merkel made it clear at the meeting that we were talking about a political declaration and a toolkit as to what countries may use in an effort to show co-ordination and ensure that we can demonstrate to markets and the wider public that the EU has a broad strategy that is common to all. The important point to make concerning that matter, which exceptionalises Ireland in one sense, is that we made a guarantee in respect of all assets and liabilities prior to this co- 236 Ceisteanna — 29 October 2008. Questions (Resumed) ordination mechanism being agreed at that meeting. There are others whose response to it is a partial guarantee plus partial capitalisation. Some of the recapitalisation requirement arises in certain countries because of the fact that some other syndicated loans relate to taking on the risks of the US sub-prime market, which is not a characteristic of Irish banks’ portfolios. In those respects, therefore, the requirement for recapitalisation does not arise on the basis that the value of that paper is little or nothing. People would have to mark down pretty quickly if they had that sort of portfolio in their banking system, which we do not. It is important to remember that because others are recapitalising, it does not mean there is a requirement on us or that we are mandated to do so. We have made the point clearly from day one, as regards the decisions we took given what we were faced with, that one of the ideas was to reduce to the greatest extent possible the exposure of the taxpayer to risk. There is far less risk to the taxpayer in respect of the State guarantee scheme we devised than would be the case were one to make a direct investment in a bank whose capital ratios were decreasing. We have not said that this will never be considered, but we have refused to speculate on it because it is not helpful. I believe strongly that the taxpayer should be the last resort, not the first resort, in respect of providing further capital, if necessary, to institutions if they require it. There are a number of options to be considered by such institutions before the taxpayer would be asked to provide the necessary recapitalisation. Those would have to be investigated, assessed and examined. The State guarantee scheme has provided a greater degree of time and space to consider those issues, rather than following headlong along a road that others felt necessary for their given set of circumstances, which are not necessarily our requirements at this time. That would be a more accurate indication of the Government’s position, which has been our position from the outset — that the issue of recapitalisation may or may not arise in the future and may or may not require Irish taxpayers’ support in future. However, there are many options that need to be examined before that would be given full approval or consideration.

Deputy Enda Kenny: Arising from the Taoiseach’s reply, I wish to ask a few more questions if I may. In respect of Lisbon, the special all-party sub-committee is doing its work well. It is identifying issues in a way that may not have been reflected upon before. I respect the sub- committee’s work and I assume it will produce its own recommendations in due course. However, at the end of the day, the Lisbon treaty cannot come into effect unless it is endorsed by Ireland. It can only be endorsed by Ireland in one of two ways. The first is by some sort of legalistic constitutional route, which is not favoured because the people have already been asked the question, and the second way is by an analysis of what else one can do, or by asking the people another question in some form or other. I assume European governments are telling the Taoiseach they need to get this matter out of the way as quickly as they can because they must make a decision on whether to hold the European elections on the basis of the Nice treaty. If the matter is not decided before then, the European elections will become a quasi- referendum on Lisbon. Does the Taoiseach have a view on that matter? The Taoiseach said he had not read the treaty and the Irish Commissioner had not read it either. As regards the issues that arose and which were identified in the analysis here, including conscription, abortion and corporation tax, does the Taoiseach think they can clearly be dealt with beyond any doubt? Does the Taoiseach foresee a situation where declarations will be made to provide absolute clarity? Will the Government address the question of an opt-out on justice? Will the Taoiseach be in a position to give his European counterparts a definitive answer in December as regards the Government’s intention to endorse Lisbon in such a way or not? 237 Ceisteanna — 29 October 2008. Questions (Resumed)

[Deputy Enda Kenny.]

While a general election is not due in Britain for some time, I am concerned that if one takes place there sooner and the Conservatives win — they seem to be a long way in front in the polls — then Lisbon will be dead. Mr. Cameron has said he will withdraw the approval of Lisbon given by Prime Minister Brown and his predecessor, Mr. Blair. I am sure that is a matter for consideration by the Irish Government as well. As regards the banks, the Taoiseach said a number of options need to be considered and assessed. Has the Government carried out an assessment of the ability of Irish financial insti- tutions to continue to trade? From my experience of talking to business people around the country, credit facilities are drying up. They are being tightened to a point whereby businesses are finding it exceptionally difficult to continue. As Deputy Bruton has pointed out on many occasions, credit and access to money provide the oil that keeps business moving. The Taoiseach should consider this matter seriously because if credit is drying up or restrictions are now being put in place that causes credit to dry up, then firms will go out of business. We must all examine the situation seriously. Has the Government carried out an assessment of credit flow available to businesses in Ireland? Having analysed the options to which the Taoiseach referred, will the Government have to put in place a recapitalisation scheme for Irish financial institutions? If so, to what extent will that be necessary?

The Taoiseach: I will take the second question first. The issue of recapitalisation does not necessarily mean that one will get more expansive lending facilities or policies. One of the issues that arose in the debate here concerning the Bill which forms the basis of the bank guarantee scheme — as set out before the Houses of the Oireachtas and subsequently enacted — was a strong assertion from various parts of the House that there were lending practices in excess of what was prudent and which should not have been provided in any circumstances. One of the issues that is now arising for all banking systems in the context of the ongoing turmoil relates not just to capital adequacy ratios, but also what lending practices will be. To what extent is there confidence in business circles to seek funding and get it? To what extent are banking and lending institutions becoming more conservative as a reaction to what has happened? Their access to medium or long-term lending is only now beginning to emerge in inter-bank markets, which certainly was not the case in the first three or four weeks of this crisis when it hit us recently. These are big issues and that settling in financial markets has not yet occurred. We see what is happening in equity markets in terms of business sentiment and what people are saying about business confidence. In fact, we know there are many share listings which are currently way under the known capitalised value and assets of many companies. That is an indication of how soft confidence is or how much it has evaporated. One of the issues about the bank guarantee scheme which the Minister has outlined to the House, relates to ensuring lending practices are prudent. We have to find the balance between ensuring we have learned the lessons of the expansive credit we saw in the past and which led to some of the problem, although it was not necessarily the source of the problem, and this must balance out against business requirements. The House can be assured the Minister for Finance, myself and the Minister for Enterprise, Trade and Employment, will continue to assess and watch to see how we can ensure and encourage lending institutions to provide necessary lines of credit for the maintenance of jobs for those businesses which have expansion or investment plans. We know others are in retrenchment mode and are not seeking lines of credit but are just trying to keep their heads over water and get through this phase. It is obvious there is no solution of one size fits all nor has this been suggested by the Leader of the Opposition. Unfortunately, one of the consequences of the turmoil is the obvious reaction within banking and within business regard- 238 Ceisteanna — 29 October 2008. Questions (Resumed) ing seeking and obtaining access to credit. How this is feeding into the real economy is of concern to us all. People sometimes see this financial crisis as something which only concerns the financiers or the bankers. It also concerns business and employers having access to lines of credit so they can conduct their business. On the other side, people with creditors are finding it difficult to bring in payments on time which in turn affects their own cash flow arrangements and impacts on their ability to continue to maintain previous levels of employment. Therefore, this is having and will have an impact on the real economy. In so far as is possible and in the public interest the Government must ensure the banking facilities and the banking and lending institutions continue to do business. I raised this issue in a speech at Trinity College within days of the guarantee being announced, the need for banks to be open for business and the need for Ireland Inc. to stay open for business. I refer to my recent trip to China. It is important to point out that Irish business is out seeking business in new markets and Ireland is much admired in many respects for the services such as international services, financing, educational services and for the small and medium- sized enterprises working in food, recycling, energy products and a range of areas where busi- ness to the tune of \65 million to \75 million was done in the space of a week. It is clear from the discussions that took place in China that big changes need to happen. The US economy was working off big deficits, financed from trade and capital surpluses mainly from Asia and OPEC countries. We need to see more saving and less consumption in that economy and less saving and more consumption in Asian economies and overall we need to have an international financial system with the confidence of business so it can get back to normality as quickly as possible. The global nature is reinforced when one attends meetings such as those I attended where I listened to accounts of the Singaporean, Malaysian and Korean economies. In the case of South Korea, its currency has dropped 30% in a week. We are all familiar with the situation in Iceland but this is a continuing issue. It should be remembered that this is an ongoing problem and I agree with the Leader of the Opposition that we need to monitor it closely on an ongoing basis so we get the balance right between the need for prudent lending to reinforce business confidence and confidence in the banking system while at the same time ensuring businesses get access to lines of credit in order for them to continue in business and to avoid having to lay-off people. On the question about the Lisbon treaty and our engagement with our European partners, the Government has indicated to our partners that we will engage with them to see in what way they can address the issues which we have identified as being matters of major concern in determining people’s attitude towards the treaty. Having conducted and completed that exer- cise and reported back to the December Council meeting about the ongoing work, we will determine where we go from there as a country. I ask the House to note the European response to the Georgian situation, climate change, the international financial crisis and the co-ordi- nation mechanisms that have been devised under this Presidency, and the fact Europe has led the debate. There will be a meeting in November with the Americans, the Asian countries, the Chinese and others, to talk about a new Bretton Woods 2 arrangement which will basically revise the whole financial architecture which has determined world money markets since the end of the Second World War. This is an indication of the significance and the imperative of co-ordinated action at European level and the need for European institutions to enable quick and agile decision-making to be taken and initiatives and political leadership to be provided at European level in respect of issues which are of global and not just regional significance. We will have to discuss this in our public discourse after December when we will need to figure out for ourselves where we stand with regard to these matters and where Ireland’s interests lie. 239 Ceisteanna — 29 October 2008. Questions (Resumed)

[The Taoiseach.]

It has been reinforced to me in the past number of months that membership of the euro area and access to the liquidity of the European Central Bank has been fundamental in maintaining financial stability in our own domestic system which came under threat and without which I would hate to think where we would be today or what sort of an economic discussion we would be having today. Before we took the decision to protect the system there could have been a wiping out of 25% of GDP in a matter of months and the country would have been set back by 20 years. This is the size of the contribution that the European Union and its institutions has made to this country in recent months, post-dating the Lisbon treaty rejection and the arguments circulating in the debate beforehand. This new set of circumstances, these new realities that have come home to roost and are continuing to be contended with at global level by many serious regional organisations and large and small countries, continue to and must inform our future attitude and position with regard to the European Union. These are issues we need to address and reflect upon. However, I am not here to advocate that position in respect of this Question Time but it is important we do not forget and that we highlight this for the Irish public so they know that were we dependent on the limited resources of our own Central Bank in the context of what was an assault on the system, I would hate to think where this country would be today without membership of the European Union.

Deputy Pat Rabbitte: With regard to the eurozone meeting I agree with the Taoiseach’s description of the implications of the financial crisis for the real economy. I also agree with him that if we were reliant on our own currency, if we had the punt now, the situation in this domestic economy would be worse than Iceland. Is it not the case that, notwithstanding the Taoiseach holding that view, that in so far as there is a discernible pattern in the European response, we have been out of kilter with it, in terms of the route we have chosen? The Taoiseach made a half dozen references to the guarantee. Is it the case as reported in yester- day’s Financial Times that he has exempted the two largest banks, Allied Irish Banks and Bank of Ireland, from subscribing to the commitment in the guarantee that in the event of a default, the other banks, the covered institutions as they were referred to, would be called on to make up the default before the taxpayer would be hit? The Taoiseach told the House time and again during the debate that the sector, as he called it, would bail out a bank which defaulted in the circumstances that it is eminently feasible to envisage. Yesterday, the Financial Times reported the Government has exempted the two largest banks from that undertaking and that another large bank, the Ulster Bank, is not subscribing to the guarantee. In those circumstances, is the Irish taxpayer not entirely vulnerable and entirely exposed? Is the buffer the Taoiseach told us was there to protect the taxpayer, namely, that of the other banks being summoned and having to make their contribution to the bailout, no longer there, or is the Financial Times wrong?

The Taoiseach: If there are banks which do not wish to take up the terms of guarantee, that is a matter for them and we would not then guarantee their liabilities or assets. If they do not wish to take up the stringency of the conditions that we have attached, it is a matter for them. That is the first point.

Deputy Pat Rabbitte: That means they are not there to make the contribution in the event of a default.

The Taoiseach: It is not a question of enforcing a guarantee on a bank that does not want to take it up. When we made our initial decision in regard to the Irish banks which were incorporated in the State, a strong argument began to emerge in this House that others needed to be accommo- 240 Ceisteanna — 29 October 2008. Questions (Resumed) dated very quickly. The point I made at the time was that perhaps they were joining a club but they did not know the price of that. The price was not that we were giving a guarantee for nothing so that people would come in under the umbrella and safety of the Irish State. It was argued in this House, because of the views that were being expressed from some of the insti- tutions at the time, that some would feel left outside if they did not come in and feel they were being discriminated against. When they checked on the conditionality and stringency of the guarantee conditions, it was open to them not to be prepared to pay that price. In fact, some institutions, because they are not incorporated in the State and their headquarters are incorporated elsewhere, are now benefiting from implicit and in some cases explicit state guarantees from other states where they are incorporated in those other states. As I understand it, one person said yesterday evening he did not feel it was necessary to take a guarantee on the double because he could get it from the parent institution.

Deputy Pat Rabbitte: Of course he did. I predicted that in the House during the debate.

The Taoiseach: That is a matter for them.

Deputy Pat Rabbitte: But they are not around to contribute in the event of a default.

The Taoiseach: If people do not come into the scheme, the exposure of the State to those guarantees does not arise.

Deputy Pat Rabbitte: Bank of Ireland and AIB came in and the Government exempted them from the conditions.

The Taoiseach: Let us be clear about this. There can be no question but that providing a guarantee was and is necessary in order to provide us with the time and space to see how we can bring back stability to the banking system. As far as I am concerned——

Deputy Pat Rabbitte: Are Bank of Ireland and Allied Irish Banks in or did the Government exempt them from the most onerous conditions?

The Taoiseach: No, the banks are subject to the terms of the guarantee scheme the same as everybody else.

Deputy Pat Rabbitte: Is the Financial Times wrong?

The Taoiseach: I am not responsible for the editorial line of the Financial Times.

Deputy Pat Rabbitte: It is not an editorial line.

The Taoiseach: As Taoiseach, I am answering that the banks are part of the State guarantee scheme the same as everybody else.

Deputy Pat Rabbitte: It is not an editorial line.

The Taoiseach: Whatever line it is——

Deputy Pat Rabbitte: It states that the two biggest banks——

An : We cannot have quotations at Question Time, as Deputy Rabbitte knows. 241 Ceisteanna — 29 October 2008. Questions (Resumed)

Deputy Pat Rabbitte: It states that the Government has “dropped an insistence that the industry as a whole help to pay the costs involved in settling the debts of any insolvent bank”.

An Ceann Comhairle: We cannot have quotations at Question Time. It is not allowed.

Deputy Pat Rabbitte: That was the biggest condition. The Government has exempted the two biggest banks and the other major bank, the Ulster Bank, is not in. This means the taxpayer is entirely exposed and entirely vulnerable to any default.

An Ceann Comhairle: I must move on. I call Deputy O´ Caola´in.

Deputy Pat Rabbitte: The Taoiseach is not seriously suggesting that Irish Life & Permanent would bail out an unnamed bank if it goes bankrupt.

An Ceann Comhairle: The Deputy has made his point. I call Deputy O´ Caola´in.

Deputy Pat Rabbitte: This is a coach and four.

The Taoiseach: No. What I am seriously suggesting is that a journalist in the Financial Times does not——

An Ceann Comhairle: We cannot allow quotations at Question Time. I call Deputy O´ Caola´in.

Deputy Pat Rabbitte: Is the Taoiseach denying it or not?

The Taoiseach: I am making it clear.

Deputy Pat Rabbitte: The Taoiseach is not making it clear.

The Taoiseach: I am making it clear that the State guarantee scheme applies to banks——

Deputy Pat Rabbitte: This has blown a hole in the scheme as wide as the House.

An Ceann Comhairle: The Deputy will have to discuss it later. I call Deputy O´ Caola´in.

Deputy Caoimhghı´nO´ Caola´in: The Sub-Committee on Ireland’s Future in the European Union aside, will the Taoiseach tell the House what other steps, if any, he is employing to identify, in his own words, the steps that need to be taken next year to define with Ireland’s EU partners the elements of a solution and a common path to the Irish rejection of the Lisbon treaty? What other steps is the Taoiseach taking to address and identify, as he said, the steps that may or may not need to be taken? Does he not accept that the issues clearly identified surround workers’ rights, protecting public services, democracy and sovereignty, and that these have been articulated time and again? Does the Taoiseach not accept that the Lisbon treaty has been rejected by the electorate in this State and that the real onus and responsibility on the Taoiseach is to accept that fact, to state that fact and to start building an alliance across Europe for a better deal? In light of my first point regarding workers’ rights, can the Taoiseach explain to the House why just last week Fianna Fa´il MEPs voted against a social progress clause to be included in any future treaties put to member states following a parliamentary debate in Strasbourg on the Anderson report? How does he explain the voting position taken by the Fianna Fa´il MEPs, which was not unique among Irish MEPs in attendance at that meeting? Why would they take such a contrary view to a social progress clause being included when it has already been iden- 242 Ceisteanna — 29 October 2008. Questions (Resumed) tified as one of the key areas of concern to the Irish electorate arising from the detail of the Lisbon treaty itself?

The Taoiseach: I am not aware of the issue that has been raised regarding a vote yesterday or the day before in the European Parliament. I will check it out and get back to the Deputy.

Deputy Caoimhghı´nO´ Caola´in: It was last week.

The Taoiseach: The issue arising with regard to our engagement with the European Union member state partners relates to the fact we voted against and rejected the treaty. Ratifications are continuing in other member states. They are substantially ratified in 24 of those states and it is likely that 26 will have it completed by the end of the year. Obviously, member states have queries for us as to what issues arose in regard to the defeat of the referendum, and where they might be of help and give further direction, clarification and an indication of their intentions in regard to the implementation of the Lisbon treaty. This would assist in dealing with the 42% who claim, based on the research we undertook, they were confused with regard to the whole matter. We must try to bring clarity to these issues and work with colleagues in a constructive way and in good faith, and then report back to the Da´il as to the outcome of those discussions. We are seeking to ascertain whether there are ways and means in which we can enhance the provisions, the interpretation and the understanding of the treaty in a way that would be helpful to the Irish people, and to see if they wish to reconsider this matter. At the end of the day, that is a matter for Government or the Oireachtas to decide in the future. What we cannot do is sit there and suggest we will not engage and that we are not prepared to work in solidarity with others to see in what way we can address these issues. We will then come back to the House.

Deputy Caoimhghı´nO´ Caola´in: Taking what the Taoiseach has said, the other course of action that is expected by more than 50% of those who voted on the Lisbon treaty is that the Taoiseach would embark on a proactive exploration of the potential to form new alliances demanding a new negotiated deal. No efforts have been employed in this respect and there is no evidence the Taoiseach has given serious consideration to that particular need. Does the Taoiseach not accept — this is reflected in the commentary in various periodicals and news- papers — that the Irish people feel more and more that the electorate is being sidelined until after the December summit, when a situation will be bounced upon them coming into the new year? Will the Taoiseach accept there is a bounden responsibility on him to accept the democratically expressed wish of the Irish electorate regarding the Lisbon treaty, to make it clear to the other member states of the European Union that the Lisbon treaty is over and done with and that there is a responsibility to address what matters must be addressed in terms of reform within the European Union and how it manages its affairs? This requires new address and a new approach, taking on board all of the concerns expressed by the Irish electorate, views which have been and continue to be articulated by the citizens of member states throughout the European Union. I put it to the Taoiseach in terms of his responsibility that he has failed the electorate by not following through on its decision. It is not too late to make a firm stand and to make it patently clear rather than the equivocation which is at present but an invitation to all of those who regard the electorate’s decision, their democratically expressed voice, as the wrong answer. It was not the wrong answer. It is the people’s answer and, therefore, it is the right answer.

243 Ceisteanna — 29 October 2008. Questions (Resumed)

The Taoiseach: As I stated, in a 27-way negotiation, 26 member states indicated they wish to proceed with ratification of the treaty. They have this right and entitlement which I must respect. They also have to ask me whether there are issues I can discuss with them that might be helpful to clarify or improve people’s understanding or views of the Lisbon treaty where clear indications were given that items were in the treaty which were not. Perhaps clarification of these matters would make it clear in the minds of many people. The research provided confirms the people were absolutely confused with regard to the issues. The interpretation suggested by Deputy O´ Caola´in is his interpretation. However, the decision is being respected. The issue for us is to figure out where it leaves our relationship with Europe, what are the consequences for us and whether our interests are best upheld by standing as an obstacle to the provisions of the Lisbon treaty on the basis that the 26 other member states wish to proceed with it. We must make these judgments. The idea there will be no consequences is not only a naive assumption, but it fails to understand——

Deputy Caoimhghı´nO´ Caola´in: The French and Dutch did not view themselves as obstacles. Their opinions were not viewed as naive and their political leaders did not view their electorates as naive.

The Taoiseach: I am not suggesting the electorate is naive. I will be clear and reiterate what I said. I stated the idea that rejection carries no consequences is naive in the extreme in terms of where our interests are in Europe in the short, medium and long term. There are no illusions about this. The idea from Deputy O´ Caola´in that there are 26 willing partners available to renegotiate a treaty along the lines of his and Sinn Fe´in’s suggestion is poppycock. They have been asked——

Deputy Caoimhghı´nO´ Caola´in: The Taoiseach has no idea. He has not explored it.

An Ceann Comhairle: Allow the Taoiseach to reply to the question.

The Taoiseach: I have every idea because when Deputy O´ Caola´in went back to the constitu- ency of Cavan-Monaghan, I went to Brussels and asked colleagues whether they were open to renegotiating the treaty.

Deputy Dick Roche: They said “No”.

The Taoiseach: They do not wish to re-ratify or renegotiate the treaty. We can decide not to ratify the treaty if we wish. The consequences which flow from it will affect our interests. Any suggestion to the contrary is naive in the extreme. It is my job as leader of the country to go to the people and institutions and discuss those issues which were of concern to us to see in what way they can assist us in bringing greater clarity to those issues and to come back to this House to debate them. In due course the Government and this House will decide what they wish to do about it. The idea that there are 26 member states, even using Deputy O´ Caola´in’s great persuasive powers, all set to take on his view of Europe is naive in the extreme.

Deputy Caoimhghı´nO´ Caola´in: The Taoiseach is naive to continue to ignore the Irish electorate.

An Ceann Comhairle: Apologies to other Deputies but I have run out of time.

Written Answers follow Adjournment Debate.

244 Adjournment 29 October 2008. Debate Matters

Requests to move Adjournment of Da´il under Standing Order 32. An Ceann Comhairle: Anois, iarratas chun tairisceana a dhe´anamh an Da´il a chur ar athlo´ faoi Bhuan Ordu´ 32. We will now deal with requests to move the adjournment of the Da´il under Standing Order 32.

Deputy James Bannon: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the threat to the current well-being of school pupils and the future economic viability of the country caused by the ill-thought out, retrograde and excessively punitive educational cutbacks imposed by the Government in the budget.

Deputy Martin Ferris: Under Standing Order 32, I seek the adjournment of the House to discuss the need to extend the slurry spreading period until the end of the year due to the extremely bad weather conditions which have prevented farmers doing so within the normal time; and noting that the Minister has already recognised the difficulties being caused when he extended the original deadline to the end of this month.

An Ceann Comhairle: Tar e´is breithnithe a dhe´anamh ar an nı´ardaithe, nı´lse´ in ord faoi Bhuan Ordu´ 32. I do not consider the matters raised in order under Standing Order 32.

Adjournment Debate Matters. An Ceann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy James Bannon — the urgent need for the Minister for Defence to reverse his decision to close Connolly Barracks, Longford, in the light of the adverse effects on the economic viability of County Longford which will result from the loss of 180 full-time jobs and the disruption which will be caused by the proposed relocation of Army personnel and their families, who are an integral part of the local community; (2) Deputy Kieran O’Donnell — the provision of adult day service places at the Daughters of Charity Centre for the Intellectually Disabled, Lisnagry, Limerick; (3) Deputy Joe Costello — the need for the Minister for the Environment, Heritage and Local Government to take appropriate measures to ensure that churches that have been deconsecrated are secured and maintained as part of the national heritage and that those who perpetrated the vandalism on the Methodist Church, Jones Road, Dublin 3, are prosecuted and made restore the church; (4) Deputy Aengus O´ Snodaigh — the need for the Department of Education and Science to immediately allow the works promised for St Brigid’s girls national school, Palmerstown, Dublin 20, to be carried out; (5) Deputy Thomas P. Broughan — the proposed sale by Dublin City Council of land at Belmayne, Dublin 13, to a developer; (6) Deputy Lucinda Creighton — the recommendation of the Dublin and Cities Electoral Area Boundary Committee to divide Sandymount Village into two separate electoral areas; (7) Deputy John O’Mahony — the closure of Harristown House Addiction Treatment Facility, Castlerea, County Roscommon; (8) Deputy Pat Breen — the impact of the \10 air travel tax on Shannon and other airports in the west and south; and (9) Deputy Tom Hayes — the lack of water treatment facilities in south Tipperary and the consequent poor supply of good quality water.

The matters raised by Deputies Pat Breen, Kieran O’Donnell, Lucinda Creighton and Tom Hayes have been selected for discussion.

245 Order of 29 October 2008. Business

Order of Business. The Taoiseach: It is proposed to take No. 10, motion re membership of committees; No. 16, statements on European Council, Brussels; and No. 17, Charities Bill 2007 — Order for Report and Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that No. 10 shall be decided without debate; the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes and shall be confined to the Taoiseach and to the main spokespersons for the Fine Gael Party, the Labour Party and Sinn Fe´in, who shall be called upon in that order, who may share their time and which shall not exceed 15 minutes in each case; immediately following the statements, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes. Private Members’ business, which shall be No. 45, motion re educational cuts, shall be taken for 90 minutes at 7 p.m. or on the conclusion of No. 16, whichever is the later, and shall also take place tomorrow after the Order of Business and shall be brought to a conclusion after 90 minutes on that day.

An Ceann Comhairle: There are three proposals to be put to the House. Is the proposal for dealing with No. 10 agreed?

Deputy Enda Kenny: I do not hold any brief for Deputies Joe Behan or Finian McGrath but I find this to be quite vindictive. I gave approval to the Minister for Foreign Affairs, Deputy Michea´l Martin, when he sought concessions for the special sub-committee on the Lisbon treaty which is of considerable importance. I did not raise any racket about it because, as the Taoiseach is aware, for the committee to deal with and accommodate people who did not support the Lisbon treaty it was necessary to adjust the number of members upwards. I was not going to object to this. As I stated, I do not hold any brief for the two non-Fianna Fa´il Deputies——

Deputy Kathleen Lynch: Non persons.

Deputy Enda Kenny: ——but this is vindictive. If the Government wants to remove con- venor’s allowance is its own business. On this basis, I oppose No. 10.

Deputy Eamon Gilmore: I join with Deputy Kenny in opposing No. 10. This is a motion to sack Deputy Joe Behan from two committees and to sack Deputy Finian McGrath from one committee. The only reason this is on our Order Paper today is because they incurred the Government’s displeasure for voting against the budget and budgetary measures. I consider the motion before us to be nasty, mean and vindictive on the part of the Government. I also object to it because the Government is treating committees of the House as though they were committees of the Fianna Fa´il parliamentary party.

Deputy Fergus O’Dowd: Hear, hear.

Deputy Eamon Gilmore: These committees are committees of the House.

Deputy Michael D. Higgins: Hear, hear.

Deputy Eamon Gilmore: Members are on these committees as Members of Da´il E´ ireann. Committees of the House should not be treated as though they were the private property of the Fianna Fa´il Party so that if a Member of the House incurs the displeasure of the Government a 246 Order of 29 October 2008. Business motion is brought before the House to kick him or her off whatever committee he or she is on. On these grounds the Labour Party opposes this motion.

Deputy Kathleen Lynch: Does the Green Party support this?

Deputy Caoimhghı´nO´ Caola´in: I too strongly object to the Government’s action to remove both Deputies Joe Behan and Finian McGrath from their respective committees. It is my understanding that every Member is entitled to participation on an Oireachtas committee. I see no proposition before us to accommodate Deputies Joe Behan and Finian McGrath on a different committee, one of their choice or on the committees in question as non-government participants. There are fair and appropriate ways of dealing with this matter. This, however, appears to be a vexed act on the part of the Government in a matter of only a few days after the Deputies’ decision to take a principled stand in opposition to the Government’s budget measures. It is vindictive, does not respect the Deputies’ democratic mandate or uphold their 5 o’clock right to participate on an Oireachtas committee of their choice or as available. This should have been dealt with through negotiation by the Chief Whip with the two Deputies concerned rather than this proposition. It is wrong and is a slight not only on Deputies Joe Behan and Finian McGrath but on each Member. We in Sinn Fe´in have known the Government’s approach to committee membership access following last year’s general election.

A Deputy: Deputy Finian McGrath better hurry down from the Gallery into the Chamber. Come on Finian.

Deputy Jim O’Keeffe: The Finian volunteers.

Deputy Pat Rabbitte: Deputy Finian McGrath was a great contributor to committees.

Deputy Paul Kehoe: He better hurry on. The Taoiseach is just about to sack him.

The Taoiseach: I reject the idea that there is anything vindictive in this matter.

(Interruptions).

The Taoiseach: The reason——

Deputy Paul Kehoe: Is the Taoiseach going to sack Deputy Finian McGrath like he will sack the teachers?

Deputy P. J. Sheehan: Is the Taoiseach going to do another U-turn?

Deputy Pa´draic McCormack: Is the Taoiseach doing it?

The Taoiseach: Members are listened to in silence when they make a false charge and then start shouting when they hear the answer. These are legislative committees and the Govern- ment needs working majorities on them.

Deputy Fergus O’Dowd: The Committee of Public Accounts is not one.

The Taoiseach: The Members in question are members of other committees to which they contribute well. While we have had our political disagreements recently, I wish all the Deputies well. 247 Order of 29 October 2008. Business

Deputy Paul Kehoe: What about Deputy McGrath?

The Taoiseach: That has always been my view. I do not hide my disappointment that we have lost their support. These are political decisions that must be taken and we all must move on.

Deputy Brendan Howlin: I come not to praise Deputy Finian McGrath but to bury him.

Deputy Kathleen Lynch: It is a vindictive act.

The Taoiseach: That is a predictable charge to come from the other sides of the House.

Deputy Paul Kehoe: The Taoiseach is sacking him like the teachers.

An Ceann Comhairle: Deputy Paul Kehoe, please.

The Taoiseach: It is not true. The Government needs working majorities on legislative committees.

Deputy Michael D. Higgins: Deputy Finian McGrath was such a good legislator.

Deputy Kathleen Lynch: We all legislate.

Deputy Pat Rabbitte: One should have seen the way Deputy Finian McGrath operated.

The Taoiseach: The Opposition knows that. If it were in this position, it would have to do the same.

Deputy Pat Rabbitte: Happy Christmas Deputy Finian McGrath.

Deputy Ruairı´ Quinn: It is a vindictive act.

Deputy Bernard J. Durkan: Poor Deputy Finian McGrath.

Deputy Joe Costello: Good luck Deputy Finian McGrath.

Deputy Ciara´n Lynch: The end of Finian’s Rainbow.

The Taoiseach: As for the other committees on which the Deputies in question are members, they will continue to contribute to them.

Deputies: Deputy Finian McGrath wishes to contribute. Will the Ceann Comhairle allow him?

(Interruptions).

Question put: “That the proposal for dealing with No. 10, without debate, be agreed to.”

The Da´il divided: Ta´, 81; Nı´l, 73.

Ta´

Ahern, Dermot. Brady, A´ ine. Ahern, Michael. Brady, Cyprian. Andrews, Barry. Brady, Johnny. Andrews, Chris. Browne, John. Aylward, Bobby. Byrne, Thomas. Blaney, Niall. Calleary, Dara. 248 Order of 29 October 2008. Business

Ta´—continued

Carey, Pat. Lenihan, Brian. Collins, Niall. Lenihan, Conor. Conlon, Margaret. Lowry, Michael. Connick, Sea´n. Mansergh, Martin. Coughlan, Mary. McEllistrim, Thomas. Cowen, Brian. McGrath, Mattie. Cregan, John. McGrath, Michael. Cuffe, Ciara´n. McGuinness, John. Cullen, Martin. Martin, Michea´l. Curran, John. Moloney, John. Dempsey, Noel. Moynihan, Michael. Devins, Jimmy. Mulcahy, Michael. Dooley, Timmy. Nolan, M.J. Fahey, Frank. O´ Cuı´v, E´ amon. Finneran, Michael. O´ Fearghaı´l, Sea´n. Fitzpatrick, Michael. O’Brien, Darragh. Fleming, Sea´n. O’Connor, Charlie. Flynn, Beverley. O’Dea, Willie. Gallagher, Pat The Cope. O’Flynn, Noel. Gogarty, Paul. O’Hanlon, Rory. Gormley, John. O’Keeffe, Batt. Grealish, Noel. O’Keeffe, Edward. Hanafin, Mary. O’Rourke, Mary. Harney, Mary. O’Sullivan, Christy. Haughey, Sea´n. Power, Peter. Healy-Rae, Jackie. Power, Sea´n. Hoctor, Ma´ire. Roche, Dick. Kelleher, Billy. Ryan, Eamon. Kelly, Peter. Sargent, Trevor. Kenneally, Brendan. Scanlon, Eamon. Kennedy, Michael. Smith, Brendan. Killeen, Tony. Treacy, Noel. Kirk, Seamus. Wallace, Mary. Kitt, Michael P. White, Mary Alexandra. Kitt, Tom.

Nı´l

Allen, Bernard. Hayes, Brian. Bannon, James. Hayes, Tom. Barrett, Sea´n. Higgins, Michael D. Breen, Pat. Hogan, Phil. Broughan, Thomas P. Howlin, Brendan. Bruton, Richard. Kehoe, Paul. Burke, Ulick. Kenny, Enda. Burton, Joan. Lynch, Ciara´n. Byrne, Catherine. Lynch, Kathleen. Carey, Joe. McCormack, Pa´draic. Clune, Deirdre. McEntee, Shane. Connaughton, Paul. McGinley, Dinny. Coonan, Noel J. McGrath, Finian. Costello, Joe. McHugh, Joe. Coveney, Simon. McManus, Liz. Crawford, Seymour. Mitchell, Olivia. Creed, Michael. Morgan, Arthur. Creighton, Lucinda. Naughten, Denis. D’Arcy, Michael. Neville, Dan. Deasy, John. O´ Caola´in, Caoimhghı´n. Deenihan, Jimmy. O´ Snodaigh, Aengus. Doyle, Andrew. O’Donnell, Kieran. Durkan, Bernard J. O’Dowd, Fergus. English, Damien. O’Keeffe, Jim. Enright, Olwyn. O’Mahony, John. Feighan, Frank. O’Shea, Brian. Ferris, Martin. O’Sullivan, Jan. Flanagan, Charles. Penrose, Willie. Flanagan, Terence. Perry, John. Gilmore, Eamon. Quinn, Ruairı´. 249 Order of 29 October 2008. Business

Nı´l—continued

Rabbitte, Pat. Stagg, Emmet. Ring, Michael. Stanton, David. Shatter, Alan. Timmins, Billy. Sheahan, Tom. Tuffy, Joanna. Sheehan, P.J. Upton, Mary. Sherlock, Sea´n. Wall, Jack. Shortall, Ro´ isı´n.

Tellers: Ta´, Deputies Pat Carey and John Cregan; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

An Ceann Comhairle: Is the proposal for dealing with No. 16 agreed to? Agreed. Is the proposal for dealing with Private Members’ business agreed to? Agreed. I call Deputy Kenny on the Order of Business.

Deputy Enda Kenny: Can the Taoiseach confirm when the Social Welfare Bill will come to the House, and can he confirm that the matter of dealing with an automatic right to medical cards will be dealt with within a section of that, but taken by the Minister for Health and Children? That is the understanding I had last week in the Taoiseach’s absence when I asked this question. Second, can the Taoiseach tell us the date when he expects the fair deal Bill dealing with long-stay nursing homes to be brought before the House? Third, No. 43, the education Ireland Bill, is a Bill to regulate the provision of education services including the teaching of English as a foreign language to students here.

An Ceann Comhairle: The lobby cannot be used as a conversation point while the Order of Business is proceeding.

Deputy Enda Kenny: It seems a little unusual that on the one hand the Government intends to bring in a Bill to teach English as a foreign language and on the other it is withdrawing teachers who are teaching English to foreign students.

An Ceann Comhairle: On the legislation, the Taoiseach.

The Taoiseach: They are two different objectives. The education Ireland Bill will be intro- duced next year. The Whips will be meeting on the business next week and the week after. More than likely, the fair deal Bill will probably come into the House the week after next. On the Social Welfare Bill, the date of its introduction will be announced by the Minister for Social and Family Affairs in due course and will come to the House as soon as agreed by the Whips. On the question of the medical card provision, that will be dealt with in separate health legislation by the Minister for Health and Children.

Deputy Eamon Gilmore: Will the Taoiseach clarify the point raised by Deputy Rabbitte in earlier questions about whether AIB and Bank of Ireland——

An Ceann Comhairle: We cannot go into that now, as Deputy Gilmore well knows.

Deputy Eamon Gilmore: ——are covered by the guarantee scheme? 250 Order of 29 October 2008. Business

An Ceann Comhairle: Sorry, Deputy Gilmore. You cannot ask that question now because that is a question for Question Time and it was properly asked at that time. We cannot go into it on the Order of Business. That must be dealt with in another way. I could not allow that, I am sorry.

Deputy Eamon Gilmore: I have just asked it.

An Ceann Comhairle: I know that. It is not in order.

Deputy Eamon Gilmore: Maybe the Taoiseach would like to reply to it.

The Taoiseach: Let me put it this way, we cannot facilitate a debate on an incorrect report.

An Ceann Comhairle: Deputy Rabbitte asked a question about that and he received an answer. I must move on with the Order of Business. I have several Deputies offering, as Deputy Gilmore knows.

Deputy Eamon Gilmore: Can I ask the Taoiseach a question while he is thinking about an answer to the question I asked him?

The Taoiseach: I have answered.

Deputy Eamon Gilmore: When will the Taoiseach move the writ for the Dublin South by- election?

The Taoiseach: Not soon.

An Ceann Comhairle: That is very interesting as well.

Deputy Michael D. Higgins: Last weekend the Ta´naiste undertook to give me a reply on the subject of the legislative programme that had been agreed between the Government and the social partners and, specifically, the legislation on collective bargaining. In addition, she agreed to provide information on the proposals for the Competition Authority and whether there would be an amendment of section 4 of the Competition Act. She has had no contact with me. Aside from the disappointment of not having the private session she promised, I must ask again whether it is the intention of Government to publish the legislative programme arising from its undertakings to the social partners. Is it the intention in this session or the next to publish collective bargaining legislation? Specifically, when will the competition amendment Bill, to which the Minister referred, be published, and will it include an amendment of section 4 of the original Act?

The Taoiseach: I understand both the compliance Bill and the competition amendment Bill will be introduced next year.

Deputy Michael D. Higgins: The Ta´naiste suggested she needed amending legislation to enable her to talk to the Irish Medical Organisation. If there is to be no amendment to the Competition Act, does this mean she will have no such talks with the IMO?

An Ceann Comhairle: We cannot talk about that now. There is not a hope.

Deputy Jan O’Sullivan: The Taoiseach has just told Deputy Kenny that the provisions remov- ing the entitlement to the medical card from the over 70s will now be included in separate health legislation rather than in the social welfare Bill. Could the Taoiseach tell us whether 251 Order of 29 October 2008. Business

[Deputy Jan O’Sullivan.] this is to be a straightforward amendment of the 2001 Act or new legislation to remove the cards from those currently over 70?

The Taoiseach: A change to the legal basis for entitlement is required, which will involve an amendment to the 2001 Act.

Deputy Jan O’Sullivan: Will there be new legislation as well?

The Taoiseach: We will bring in a health miscellaneous provisions Bill to deal with it.

Deputy Jan O’Sullivan: Is there any timeframe? I am sorry, a Cheann Comhairle, but I do not think the Taoiseach mentioned a timeframe.

The Taoiseach: It will be before 1 January.

Deputy Joan Burton: Will the Minister for Finance make a statement in the House with regard to the changes in the credit institutions (financial support) scheme, which has been posted on the Department’s website?

An Ceann Comhairle: I have explained on a number of occasions that we cannot have these questions.

Deputy Joan Burton: There was an extraordinary event on Friday in which an insurance company and persons connected with it were fined significant amounts of money.

An Ceann Comhairle: If we discussed every extraordinary event in the House we would never finish the Order of Business.

Deputy Joan Burton: Will the Minister come to the House to make a statement on this?

An Ceann Comhairle: If the Deputy has a question that is in order she should let me know.

Deputy Joan Burton: Not since Robert Maxwell have we had an event such as this in an insurance company——

An Ceann Comhairle: I do not care whether it is Rupert Murdoch or Robert Maxwell, it is not in order now.

Deputy Joan Burton: ——in this or the neighbouring jurisdiction. Will the Minister make a statement in the House?

An Ceann Comhairle: The Deputy will have to find another way of raising that matter as it is not in order.

Deputy Joan Burton: Will the Minister come to the House and make a statement about this extraordinary state of affairs?

An Ceann Comhairle: Deputy Shortall on legislation, I hope.

Deputy Ro´ isı´n Shortall: When is it intended to publish the social welfare Bill? Will the Government follow the normal practice of having two social welfare Bills to give effect to the changes announced in the budget?

The Taoiseach: I understand the social welfare Bill will be published next Monday. 252 Order of 29 October 2008. Business

Deputy Ro´ isı´n Shortall: Will it be just one Bill?

The Taoiseach: Presumably, yes.

Deputy Caoimhghı´nO´ Caola´in: Against the background of the damning report today in the Irish Examiner on child care facilities, is legislation promised to address the issue of child care needs? Specifically, will the Taoiseach accommodate a full Da´il debate on the new community child care subvention scheme, which is having a serious effect on child care facilities throughout the country? Finally, my last question——

An Ceann Comhairle: Try to be in order this time.

Deputy Caoimhghı´nO´ Caola´in: The Cabinet today dealt with the report on remuneration of GPs for medical card services for the over 70s. Can we have a clear idea of when it is intended to introduce a competition Bill to facilitate proper engagement with the IMO, the Irish Phar- macy Union, the Irish Dental Association and others?

The Taoiseach: With regard to the question of amendments to the Competition Act, the undertaking, which is specific to the IMO, has been given and, as the Ta´naiste has indicated, the legislation will be enacted next year. Perhaps a parliamentary question to the Minister for Health and Children will elicit an accurate reply on the child care regulatory situation.

Deputy Michael Creed: When will the animal health and welfare Bill be published? Is it proposed that the issue of licensing of puppy farms will be dealt with through this legislation rather than through the Department of the Environment, Heritage and Local Government?

The Taoiseach: I am not aware of the details of the Bill, but consultations have been com- pleted and submissions are being considered at the moment.

Deputy Michael Creed: Will it be this session?

The Taoiseach: As I said, the discussions have just been finished.

Deputy Bernard Allen: In early summer the chairperson of the Cork Airport Authority resigned. Yesterday Ms Glucksman, another board member, resigned, and a third member has unfortunately died.

An Ceann Comhairle: That is unfortunate, but we cannot discuss it now.

Deputy Bernard Allen: When will the Government appoint a new chairperson of the Cork Airport Authority, and when will the other vacancies be filled?

An Ceann Comhairle: That is not relevant at all.

Deputy Bernard J. Durkan: Could I be of some assistance to the Taoiseach in these sensitive and unstable times? The Eligibility for Health and Personal Social Services Bill, No. 54, is promised to clarify and update the present provisions relating to eligibility for health and personal social services. That could be very enlightening in terms of eligibility for medical cards among the over 70s——

An Ceann Comhairle: I ask the Deputy to ask his question. 253 Order of 29 October 2008. Business

Deputy Bernard J. Durkan: ——and various other services that are being curtailed surrep- titiously at the moment. In the context of the present debate, could the Taoiseach give some indication to the House as to whether he might introduce this Bill? It may assuage many fears.

The Taoiseach: Unfortunately, there is no date for that legislation.

Deputy Bernard J. Durkan: That is unfortunate.

Deputy Emmet Stagg: I ask the Taoiseach whether there are legislative proposals concerning the archaic ward of court laws. It is generally accepted there are plans in the Department for this, but I am not sure at what point they are. Is it intended to introduce legislation in the near future?

An Ceann Comhairle: We can only ask questions on legislation that is actually promised. If people want to find out whether legislation is promised they can put down a question.

Deputy Emmet Stagg: It might be promised and I might not know about it.

The Taoiseach: I cannot assist the Deputy as I do not know whether it is promised. We will check it out.

A Deputy: It might be a broken promise.

Deputy Michael D. Higgins: It will be after the competition Bill, I suppose.

An Ceann Comhairle: The route I suggested of putting down a question to find out whether it is promised might help.

The Taoiseach: It is a top priority.

Deputy David Stanton: With regard to the query of my colleague Deputy Allen, I understand that secondary legislation——

An Ceann Comhairle: The Deputy is being creative and imaginative.

Deputy David Stanton: On a point of order, a Cheann Comhairle, does this not refer to a ministerial order, which is secondary legislation? Is it not in order to ask that in the House?

An Ceann Comhairle: If the Deputy wishes to ask whether secondary legislation is promised——

Deputy David Stanton: That is what I am asking. When will that secondary legislation be introduced?

An Ceann Comhairle: Is secondary legislation promised in this area?

The Taoiseach: No.

Deputy James Bannon: We need more than cycling incentives to protect our environment.

When can we expect the transport regulation Bill, which will facilitate a reduction in CO2 emissions, to come before the House?

The Taoiseach: The Public Transport Regulation Bill is due for next year. Is that the Bill to which the Deputy is referring?

Deputy James Bannon: No, it is the transport regulation Bill. 254 European Council: 29 October 2008. Statements

The Taoiseach: Next year, I understand, at the earliest.

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

That Deputy Ciara´n Cuffe be discharged from the Committee of Public Accounts and Deputy Michael McGrath be appointed in substitution for him.

That Deputy Joe Behan be discharged from the Select Committee on Education and Science and Deputy Beverly Flynn be appointed in substitution for him.

That Deputy Joe Behan be discharged from the Select Committee on Finance and the Public Service and Deputy Frank Fahey be appointed in substitution for him.

That Deputy Finian McGrath be discharged from the Select Committee on Justice, Equality, Defence and Women’s Rights and Deputy Michael Mulcahy be appointed in substi- tution for him.

That Deputy Michael McGrath be discharged from the Select Committee on Transport and Deputy Ciara´n Cuffe be appointed in substitution for him.

Question put and declared carried.

European Council: Statements. The Taoiseach: I attended the meeting of the European Council in Brussels on Wednesday and Thursday, 15 and 16 October. I was accompanied at the meeting by the Minister for Foreign Affairs, Deputy Michea´l Martin, the Minister for Finance, Deputy Brian Lenihan, and by the Minister of State with responsibility for European affairs, Deputy Dick Roche. The Council took place against the context of the international financial crisis, and the agree- ment reached the previous Sunday by eurozone members. The Treaty of Lisbon and the climate change negotiations also featured prominently and have been well covered in the media. Pro- gress was also made on other important issues, notably on improving co-ordination on immigration. As the House will recall, I undertook at the June meeting of the Council to give a progress report at this October Council on our efforts to address the situation which faces us following the rejection by the public of the proposal to amend our Constitution to ratify the Lisbon treaty last June. We are fully committed to finding a solution which both addresses the concerns of the Irish public and which is, of course, acceptable to our partners within the Union. I want to take this opportunity also to welcome the establishment of the Oireachtas Sub-Committee on Ireland’s Future in the European Union and to wish it well in its important work. I believe it appropriate to relay to the House the key points of my report to my European Council colleagues. I began by remarking that few, if any, of us could have envisaged how the world in which we live has been transformed in a number of fundamental respects in a few short months. The global economy has faced into a serious downturn and the foundations of the inter- national financial system, on which our collective prosperity and development depend, have been shaken to their core. In August, conflict between Russia and Georgia reminded us that the peace and security we enjoy is neither inevitable nor to be taken for granted. I paid tribute to the French Presidency for its handling of these crises. 255 European Council: 29 October 2008. Statements

[The Taoiseach.]

I recalled for my colleagues my clear view that Ireland’s prospects are absolutely interwoven with our membership of and full participation in the European Union. I stressed, as I have done on other occasions, that recent events had underlined the critical value of our membership of the Union and the eurozone, and the access we enjoy to the support of the European Central Bank. I acknowledged, too, that we best advance our interests by acting in concert with like-minded other states on problems, challenges and opportunities that can only be responded to effectively by working across national boundaries. I said that Ireland could not expect our partners to accommodate our traditions and priorities without our demonstrating a reciprocal approach. I stressed that we must accept that pooling sovereignty with others is not the same as giving it away. I then went on to explain the main elements of what we have been doing in Ireland following the referendum result. I recalled President Sarkozy’s visit to Dublin in July, when he met not only with me and some of my Government colleagues but also with Opposition leaders and representatives of civil society in order to familiarise himself with the views on all sides of our national argument about the Lisbon treaty. An event such as our referendum vote requires time to be understood, for its significance to be absorbed and for the basis for moving forward to emerge. I explained that this is where we stand at the moment. Four months on from the referendum was too early to be prescriptive about outcomes. Our domestic political debate was taking its course but I emphasised that it still has a way to go. I explained that we have established a parliamentary committee on Ireland’s future in the Union to examine the issues that arose during the campaign, including the concerns highlighted by the survey and how they sit in the broader context of our European Union membership. I reported on the independent study we commissioned into the reasons people voted, or abstained from voting, and touched on the main findings of the report with which many of my colleagues were already largely familiar. Before briefing them on the issues that had come most prominently to light in terms of the concerns which underpinned the Irish people’s vote on 12 June, I stressed again that the survey results clearly showed our people want Ireland to continue to be fully involved in the Union. I underlined that the vote must not be described as an expression of an anti-EU sentiment. I acknowledged that many voters with positive attitudes towards the Union decided to vote against the Lisbon treaty. Many people voted “No” or abstained because of a lack of knowledge or understanding of the treaty — a lack of knowledge which applies not only to the Lisbon treaty but more generally to the European Union and how it functions. I said that other part- ners shared this problem. I referred to the sense of disconnect from, and perceived loss of influence in, the European Union, something that concerns not just Ireland. A Union where too many members of the public feel detached or disconnected is not as it should be. I underlined the need for a concerted response across the Union to these problems. While careful not to prejudge the outcome of the work of the Oireachtas sub-committee, I felt it was appropriate to give my own assessment of the issues that were of most concern during the referendum campaign. I listed a number — both general and specific — which gave rise to very real concerns in the minds of our electorate. I stressed that it would be wrong to dismiss the anxieties surrounding them. They were genuinely felt and must be examined, under- stood and addressed. 256 European Council: 29 October 2008. Statements

They included the future composition of the Commission; issues related to defence and our tradition of neutrality; social or ethical issues; and taxation. I stressed that the concerns that surfaced during our referendum campaign would need to be adequately addressed if we are to find an acceptable way forward. I believe that point is recognised by our partners within the Union, that is to say, they too see that the concerns of the Irish voters need to be addressed but while I believe they will work with us to seek a satisfactory way forward, the other member states are clear that they want the package of reforms in the Lisbon treaty to come into effect. Our task in the period ahead will be to work out how to address our concerns in a way which can be endorsed by all 27 member states. That will not be easy. However, I believe it is strongly in our interest, especially in the current global economic and financial uncertainty, to find a solution. Pressure from our partners to come up with such a solution can be expected to intensify if, as seems reasonably likely in due course, we find ourselves alone in not having ratified the treaty. Many member states have drawn our attention to important milestones in the course of 2009 relating to the Parliament and the Commission. I acknowledged their importance and commit- ted myself to continuing to work with our partners to overcome the uncertainty that exists. I said that by December I would aim to have identified the necessary steps that need to be taken, and expressed the hope that December’s Council might see us defining together the elements of a solution and a common path to follow. Finally, I committed the Government to working closely with the Presidency, the member states and the Union’s institutions in the period leading up to the next European Council. My colleagues took note of my report and analysis of the position. The agreed conclusions of the meeting accurately reflect the position and record that the Government will continue its work to resolve the situation. The European Council in December will return to the matter with a view to defining the elements of a solution and a common path to be followed. Moving on from the Lisbon treaty, much of the Council and indeed the discussions in the corridors related to the international financial crisis we are currently going through. The meet- ing built on the agreed measures for a co-ordinated response which were developed and agreed the previous Sunday at a meeting of the heads of eurozone governments in Paris. That eurozone response was endorsed by the European Council. Europe is leading the global response to this crisis, and the Council made clear that Europe will be a key player in seeking to re-shape the financial regulatory model to make sure that what we are witnessing at the moment is not repeated. Ireland will be an active and constructive participant in that effort. There was agreement at the Council that national supervisory systems will have to work even more closely with one another than they have heretofore. On a very practical note, the Council also put in place measures to ensure that information flows and co-ordination are much better than they have been. I wish to mention to the House at this point that the Presidency has indicated that it intends to call an extraordinary meeting of the European Union Heads of State and Government for Friday, 7 November to discuss the financial situation ahead of the international conference the following week to be hosted by President Bush. The Council also discussed the energy and climate change package. The negotiations on that front are continuing and we hope to reach agreement on the package in December. There is much work to be done to ensure the system is as efficient as possible. Member states are concerned at the potential impact on their economies. 257 European Council: 29 October 2008. Statements

[The Taoiseach.]

While it may not currently dominate the news given all that is happening on the economic and financial front, the threat of climate change does not recede because it recedes from the front pages. Europe must continue to show leadership in this area if an effective global deal is to be reached next year in Copenhagen. On the related subject of energy security, the Council agreed to step up work on various fronts including interconnection and improving the way we work with supplier and transit countries. On migration, the Council formally adopted the European Pact on Immigration and Asylum which had been developed by justice Ministers. The pact is designed to bring greater consist- ency, and therefore greater effectiveness and fairness, to the way we apply our immigration and asylum policies. It was an important European Council at an important moment for the European Union. As usual, there were differences of view between member states who share broad goals and, as usual in the Union, we found ways of resolving these differences through give and take. It is worth noting that the work of the October European Council captures neatly why we need the European Union. It makes us much stronger on all fronts — dealing with the financial crisis, for example, climate change, energy suppliers or immigration. None of those challenges can be responded to alone. Ireland must work effectively within the Union if our responses to these challenges are to be effective, and if our views are to be influential. Not surprisingly, our partners remain very anxious to know what we propose to do regarding the Lisbon treaty. We have said all along that a “No” vote on 12 June was not a vote without consequences. Our partners are convinced that the reforms in the Lisbon treaty are necessary for Europe to function effectively, and have invested much time and effort to that end. For many, the Georgia situation, and indeed the financial crisis itself, have heightened their anxiety to see the reforms implemented, and confirmed their view that they are necessary. For Ireland, recent events underline how crucial our EU membership is to us. As a small country we have always managed to ensure that our concerns were taken on board by partici- pating actively and by showing solidarity and playing our full part in working towards shared goals. That approach is the one that has served us well and will continue to serve our interests; it should guide us also in the coming period. In the lead-up to the December meeting of the Council I will be working towards defining the elements of a solution and an agreed way forward. At the same time, the House, through the Sub-Committee on Ireland’s Future in the European Union, should ensure the issues and consequences arising for Ireland are teased out publicly and thoroughly. The sub-committee’s work is an important part of the national debate and I look forward to its report in late November. We have to a degree started to articulate the public concerns relating to the Lisbon treaty which require to be addressed. In time we will explore, in conjunction with our partners, how best to proceed in that regard. Times of crisis sometimes make more stark the reality that our future is bound with that of the European Union. It is in our national interest to play a full role within it, working with others to advance our interests and pursue our goals and have our positions heard, understood and taken on board. We must find a way forward. The Government is fully focused on finding a way which addresses the concerns of the public and which is realistic, focused and acceptable to our partners in the European Union. I look forward to continuing to work with Members on that matter. 258 European Council: 29 October 2008. Statements

Deputy Enda Kenny: I wish to share time with Deputies Timmins and Creighton.

An Ceann Comhairle: That is agreed.

Deputy Enda Kenny: It is important to recognise the impact President Sarkozy has had as President of the Council. His actions show what someone can do when they are really focused and have an agenda to follow. On his visits to Georgia, China, Ireland and the United States President Sarkozy displayed a sense of urgency and direction. I noted with interest the remarks made by the British Chancellor, Mr. Darling, when the current financial crisis arose. He stated the time had come for the European Union to react as the European Union. Despite all the Euroscepticism in many spheres in Britain, when problems arise, people focus on the capacity of the European Union to respond. In the context of the Lisbon treaty which my party supports and wants to see endorsed and passed and what Ireland must do, there is a lesson to be learned. The reaction of the European Union to the difficulties in the banking system, problems of liquidity and solvency and the need to create a flow of credit in order that businesses might continue to operate was both swift and decisive. The financial crisis is not over by any means but the European Union responded. Instead of the other 26 member states waiting for the Irish to make up their minds on how we should proceed, they should focus on a number of other areas and make decisions on the direction to be taken in respect of each. I refer, for example, to energy security, which is critical to business interests in Ireland. The committee chaired by Deputy Barrett is doing good work in examining matters relating to interconnectors, wave and wind energy and renewable resources. It would be extremely important to business interests if the European Union were to adopt a stance and state it would guarantee energy security for all 27 member states. This is another reason Ireland should continue to be central to the European process. Immigration, as an issue, has always been swept under the carpet. At least, we have had the courage to discuss it openly and in a rational way. When the Taoiseach was present at a formal meeting of the Council last year, I attended a meeting hosted by the European People’s Party at which comments were made to the effect that if the population of Africa doubled in the next 20 years — which it will — and if only 10% of young males from that continent decided to emigrate, no country in Europe would be able to withstand the immigratory pressure. There have been different responses to immigration. For example, Greece and Malta sent people back to their home countries, while the Spanish Prime Minister, Mr. Zapatero, legalised 100,000 immigrants. There will obviously be a need for services in the European Union to be driven forward during the next 20 years but an issue arises. A structured response is required to immigration and it must be fair and disciplined and in the interests of member states and immigrants. This is a matter on which the European Union can provide a response. The third issue that arises is that of climate change. The European Union can set out its stall in this regard. Ireland has always been disposed towards taking the interpretation of directives to the ultimate in the first instance and this has given rise to difficulties later. I am going to inform people that those in the European Union should not sit around and wait. In fairness, they will probably not do so. On the issues to which I refer — energy security, engaging in a fair and broad response to immigration, climate change and the financial crisis — the European Union can outline the reasons people should remain part of the European process and project. The Millward Brown poll indicated that 70% of people believed the Euro- pean Union had been good for Ireland and that 60% believed the country should remain part of the central agenda. The question is what we can do, when examining the relevant issues, to ensure these two factors remain in focus. 259 European Council: 29 October 2008. Statements

[Deputy Enda Kenny.]

The European Union can respond by indicating the reasons Ireland should want to continue to be part of the project to create jobs, encourage investment and foster research and develop- ment opportunities in order that young people might fulfil their dreams and enjoy life. That is what the future should be and we should not look toward it with fear. There are great sources of hope and inspiration, on which we should focus when considering the reasons for remaining part of the European project.

Deputy Billy Timmins: I strongly agree with Deputy Kenny’s assertion that the European Union should not spend too much time analysing where it should go from here and that it should deal with certain issues. I thank the Taoiseach for providing an outline of what happened at the Council meeting. Since the establishment of the Sub-Committee on Ireland’s Future in the European Union, I have been struck not by the lack of information available but by the lack of knowledge and also the absence of a desire to acquire such knowledge. We must consider every mechanism possible to make what is a boring subject interesting or to encourage people to at least learn more about it and how it impacts upon them. The Taoiseach could assist in this regard by addressing the Da´il before each Council meeting and indicating the issues he hopes to raise and the matters that will be on the agenda. The relevant Ministers come before the Joint Committee on European Affairs before each Council meeting they attend. I accept that if the Taoiseach came before the Da´il to provide information such as that to which I refer, his actions might never be publicised because this matter does not help to sell newspapers and, by and large, members of the media are not interested in it. I wish to highlight a number of issues, although it might be more appropriate to raise them at Question Time. Will the Minister for Foreign Affairs elaborate on the proposed establish- ment of a financial crisis cell, indicate what will be the composition of such a cell and outline the role it will play? It is stated in the Presidency’s conclusions to the report that, “The Euro- pean Council calls on the Member States to ensure that their future national measures also respect those principles, and to take account of the possible effect of their decisions on the other Member States”. Was it apparent at the Council meeting that other member states were somewhat dissatisfied with the Government’s decision to guarantee all deposits and bank deal- ings before discussing the matter with the European Commission? Was there a backlash in respect of this decision, which was the correct one and which was well within the rules of the Commission? Did the Government discuss with the Commission any aspect of this matter before it made the decision to which I refer or did it contact the latter when the decision had been made? Deputy Kenny referred to energy security. The Council dealt with the matters of energy and climate change which are supposed to be dealt with before the end of the year. It also agreed to speed up the work relating to energy security. Energy efficiency and production are perhaps the most important economic issues with which the world will be obliged to deal. We have not given the necessary time to considering either issue. The cost of energy has been relatively low in recent decades. This has impinged upon the desire to arrive at an energy policy. We have to look at every aspect of energy production. Ireland is a small country, which does not consume very much in the global scheme of things. Perhaps we should examine the possibility of Ireland becoming a hub for energy production. The establishment of the reflection group on the future of Europe is an important develop- ment. When people vote on the Lisbon treaty and other EU matters, one of the problems is that they generally tend to feel like they are on a train and do not know where it is going. Some countries may have an idea of what the endgame will be. It is important that all member 260 European Council: 29 October 2008. Statements states know what the EU is actually aspiring to. Like all democracies and organisations, the EU has to evolve. The reflection group will serve a good purpose if it outlines where we are going. Are the Taoiseach and the Minister for Foreign Affairs disappointed that Ireland is not represented on the group? As a member of the Sub-Committee on Ireland’s Future in the European Union, I have listened to representatives of many groups over recent weeks. The sub-committee was told that 152,000 people are directly employed and 300,000 people are indirectly employed as a result of foreign direct investment in this country. Such companies pay \16 billion directly to the Exchequer. In that context, it beggars belief that we voted “No” in the referendum on the Lisbon treaty. It is a reflection on us all. It is something we have to address. It is good to hear the implications of our “No” vote being articulated. One of the weaknesses we had during the referendum campaign was that the public felt a “No” vote would have no implications, but that is not the case.

Deputy Lucinda Creighton: I thank the Taoiseach, the Minister, Deputy Martin, and the Minister of State, Deputy Roche, for coming to the House to discuss the recent important meeting of the European Council. I echo Deputy Timmins’s point that it would be constructive to discuss matters which are due to arise at Council meetings in advance of such meetings. The Joint Committee on European Scrutiny and the Sub-Committee on Ireland’s Future in the European Union have discussed the need for more plenary debate in the Chamber. I hope the Taoiseach and his colleagues will take that on board. I would like to raise a few issues which arise from the Taoiseach’s report on the Council meeting. I have attended a few meetings in Brussels since the meeting in question. It seems to me that a clear view has developed at EU level that some kind of referendum will take place in Ireland before June 2009 to facilitate the European elections. Rightly or wrongly, that impression is filtering down from Brussels to the heads of Government and the member states. I do not suggest the Irish Government has put that idea forward, but it has not expressed disagreement with it. I would like some clarity on the matter. There is a sense that the Euro- pean elections must be run under the terms of the Lisbon treaty. I do not feel we should be put under that kind of pressure, as it would not be productive or constructive. I would be interested to hear more about the EU proposal to develop a kind of rapid response unit to deal with the economic and financial crisis. It is extraordinary that the heads of Government of the eurozone countries recently met for the first time ever, as that should be a common occurrence. It is extremely important that we provide for co-ordination between those member states which comprise the eurozone. If such a structure were in place, the other member states would inevitably follow the eurozone states as a matter of necessity. I would like that to be placed on a firmer footing. Perhaps the Taoiseach will comment on that. It became clear, not just during the financial crisis but also during the Georgian crisis, that having a high-profile President of the European Council is a hugely valuable asset for the European Union. It is important for the Union to have such constant representation for longer than six months at a time. The EU is fortunate to have a man with the personality of President Sarkozy, who is the head of a large member state, in charge. That was an asset during the course of the financial crisis. It is important for the Government to keep the need for a more permanent President of the European Council on the agenda, by means of the Lisbon treaty or otherwise. That would benefit all member states in the long term. I would like to speak about the EU energy and climate change package. Does the Taoiseach believe that Ireland has received a positive response from other EU member states in this regard? This is one of the areas in respect of which I have concerns. Ireland has certainly lost some goodwill at EU level as a result of the “No” vote earlier this year. There is no question 261 European Council: 29 October 2008. Statements

[Deputy Lucinda Creighton.] about that. As I said to the Minister of State, Deputy Roche, at last Wednesday’s meeting of the Sub-Committee on Ireland’s Future in the European Union, I do not believe the Govern- ment has been sufficiently forthright in transmitting to the public the negative implications of the “No” vote for Ireland’s credibility at European level. Does the Taoiseach feel that when the climate change package is being agreed, Ireland will not get the type of deal we might have hoped for if there had been a “Yes” vote in the referendum earlier this year? Will the result of the referendum damage us in that respect? I would like to conclude by speaking about an issue that was raised at the sub-committee last week. Deputy Timmins alluded to the establishment of the reflection group. I understand that Ireland nominated a high-calibre, top-quality individual for membership of the group, but we did not manage to get him on to the group. Is the Taoiseach disappointed with that? Does he think the rejection of the nomination results from the “No” vote? If we had secured a “Yes” vote in June, is it possible the outcome of that process would have been different? Perhaps there would be an Irish voice at the reflection group.

Deputy Eamon Gilmore: I would like to share time with Deputy Costello.

Acting Chairman (Deputy Kathleen Lynch): Is that agreed? Agreed.

Deputy Eamon Gilmore: The meeting of the European Council on 15 and 16 October last considered the great challenges facing the European Union’s leadership. The intended focus of the meeting, the Union’s energy and climate change programme, was superseded by the crisis in the international financial system. One of the notable aspects of the current crisis has been the leadership displayed by the EU, the European Central Bank and the European Presidency. They have taken decisive action to try to stabilise the European and global econom- ies. The creation of a financial crisis cell should enable swift action to be taken to deal with any future crisis faced by a member state. It is another example of the importance of clear lines of communication and decision-making within the EU. I join Deputy Kenny in commending the leadership of the French Presidency during a time of unprecedented turmoil in the global markets and great uncertainty across the banking system. President Sarkozy took decisive action to ensure solidarity among European leaders in the face of the banking crisis. It is significant that he co-ordinated the eurozone countries on 12 October to support the banking sector. The Taoiseach and the Minister for Foreign Affairs should note the various recom- mendations of the European Council. The Council has emphasised the need for reciprocity between the banking sector and the member states guaranteeing it. The Council considers that measures to support financial institutions in difficulty should accompany measures to protect taxpayers, in the interests of securing accountability on the part of executives and shareholders. That recommendation contrasts with the blanket guarantee that was hastily given by the Irish Government to the Irish banks. That guarantee contains precious little to protect taxpayers or secure such accountability. Irish taxpayers are carrying the risk for \500 billion, at a relatively small cost to the banks. The Council has emphasised the need for bank executives’ bonuses to reflect their contri- bution to the long-term success of the company and the need to control excessive risk-taking. In Britain, several chief executives of banks bailed out by the Government there have been required to step down. Gordon Brown has made it clear that the days of excessive bonuses in the banking sector are over. In France, President Sarkozy has told businesses to rein in chief executive pay and unwarranted golden parachutes. By contrast, the Government here has repeatedly refused the Labour Party’s request that chief executive salaries in the guaranteed 262 European Council: 29 October 2008. Statements banks be capped and that the people who have exposed the banking sector here to serious risk be held accountable for their actions. Member states are required to report to the Council, by the end of the year, the decisions they have taken to link executive pay to the real performance of a company and curb risky behaviour by banking executives. I am interested to hear what the Taoiseach and the Minister for Finance will tell their European colleagues in December. The Council has pointed out that the maintenance of confidence in the financial and banking system requires rigorous implementation by financial institutions of recommendations on the transparency of their commitments and risks. Can the Taoiseach explain to the House, in transparent terms, exactly where the Irish banks have committed themselves and how much risk they are carrying? Indeed, the Taoiseach might take this opportunity to clarify an issue that was raised earlier by Deputy Rabbitte.

The Taoiseach: He was incorrect.

Deputy Eamon Gilmore: It appears that AIB and the Bank of Ireland are saying they will not collectively take the burden for the rest of the banking system.

The Taoiseach: That is not what they are saying. A journalist in the Financial Times said it.

Deputy Eamon Gilmore: I am only asking. There will be a question and answer session and the Taoiseach will have the opportunity to clarify the matter.

The Taoiseach: It is inaccurate.

Deputy Eamon Gilmore: I am very glad to hear it.

The Taoiseach: This is the third time I have said it.

Deputy Eamon Gilmore: I welcome the European Council’s approach to the banking crisis. With its emphasis on the protection of taxpayers, transparency in the banking system, a system of executive pay in the financial sector that encourages responsibility and co-ordination between EU member states so as not to risk “beggaring thy neighbour”, it provides a model which the Government would do well to emulate. It is important to note that climate change is also evidence of the times in which we live and may prove even more unpredictable and catastrophic than the financial crisis. Hence, I welcome the European Council’s renewed determination to honour its ambitious commitments on climate and energy policy. However, given that Ireland still has one of the highest 6 o’clock carbon emissions per capita in Europe, the targets the European Union has set for Ireland may yet prove to be the most ambitious commitment of them all. Ireland’s emissions declined by 500,000 tonnes in 2007. Unfortunately, if we are to meet our obligations under the European Union’s energy and climate policy, we will need to take a further 18 million tonnes of carbon out of the economy in the next 12 years. Given the urgency with which we need to substantially reduce our carbon emissions and the difficulty in doing so, I again ask the Taoiseach to explain to the Da´il what he will propose to the European Council in December when it meets to decide on the implementation in each member state of the climate change policy package. Given the conclusions of this European Council, the forthcoming Council meeting will be a busy one for the Taoiseach and the Government. In some newspapers I saw reports that his colleagues on the European Council had “ordered” the Taoiseach to return in December with a solution to the Lisbon treaty dilemma. The Taoiseach would agree with me that such head- lines, whether accurate, are not helpful. As I have reiterated on a number of occasions, the rejection of the Lisbon treaty is not just an Irish problem, but also a European one. A number 263 European Council: 29 October 2008. Statements

[Deputy Eamon Gilmore.] of questions must be worked out before a resolution can be reached and the imposition of arbitrary deadlines does not mean we will find the answers any faster. In the light of the global economic climate, the future of the European Union, its effectiveness and its capacity to respond to changing times assume a new urgency. However, given the seriousness of the issue in hand — Ireland’s future in the European Union — the Taoiseach should ensure Ireland is not forced into any premature ultimatum. I note also that the European Council has adopted the European pact on immigration and asylum. Migration is a global phenomenon, one that requires co-operation between both host nations and countries of origin. The Labour Party favours fair immigration and integration policies that maximise the benefits of migration for both the host country and migrants. However, it is imperative that a balance be struck between the need to manage migration in and out of the European Union and respect for human rights, human dignity and the rights of refugees. Given the sensitive nature of this balance, the Taoiseach and the Minister for Justice, Equality and Law Reform should outline to the Da´il as soon as possible exactly what measures set out in the pact on immigration and asylum will need to be “implemented immediately at both EU and national level,” as is recorded in the conclusions to the European Council. The subjects dealt with by the recent European Council meeting — global financial crisis, climate change and energy security and migration — are more than a snapshot of our time. They are critical challenges and will continue to be so in the future. It is imperative that the impasse arising from Ireland’s rejection of the Lisbon treaty does not distract us in Europe from the urgency of these challenges which can be dealt with only at a European level. Euro- pean leadership has never been more important. I hope the Government in these testing times will ensure Irish leadership is not found wanting.

Deputy Joe Costello: I thank Deputy Gilmore for sharing his time. It is good to see the Taoiseach here in the Da´il for this debate on the European Council. We all consider there should be more debates like this in the main Chamber in plenary session. That is one of the recommendations that will come from the sub-committee. I can give the Taoiseach a preview, although it is not official.

The Taoiseach: I will get in early for a seat.

Deputy Eamon Gilmore: It will be a case of, “Do you come here often?”

Deputy Joe Costello: It was understandable in the circumstances that the main item on the agenda was the financial turmoil at the time. There was sustained support for the concerted position taken by the member states, particularly in the eurozone and the United Kingdom coming together. At the same time they were very critical of how the financial institutions operated, their remuneration, regulation, incentives and so on. The establishment of the finan- cial crisis cell was a particularly valuable result of the Council meeting. It is amazing that having established the eurozone through monetary union, nobody thought of having a mechanism in place to bring people together on a rapid reaction basis when there was a financial crisis. The financial crisis cell will bring representatives of the incumbent EU President, the President of the European Commission, the president of the ECB, the central banks of member states, the president of the Eurogroup and the governments of member states, not just eurozone states. It is a very valuable and important initiative from the European Council. It can be activated by any member when there is a financial crisis in that country or in a broader context. That is the most important element. 264 European Council: 29 October 2008. Statements

My interpretation of the Heads of Government of EU member states at the summit was that they were somewhat disappointed with the Irish Government’s attitude. They were more supportive of the Labour Party’s view on the financial guarantee than the Government’s posi- tion. The Government was somewhat out of kilter with the thinking of the European Union. They would have much preferred if the Government had injected some liquidity rather than giving an open-ended guarantee.

Deputy Dick Roche: The taxpayers might not have liked it.

The Taoiseach: Is that the Labour Party’s position?

Deputy Eamon Gilmore: The Taoiseach knows the Labour Party position.

Deputy Joe Costello: We have articulated the Labour Party position strongly. The European Union position was that all member states should come together and that the issue was one of liquidity rather than providing guarantees for the various financial institutions. While we have gone down the road of doing this, President Sarkozy believed we had been successful in doing so and taken all of the liquidity out of the City of London.

The Taoiseach: Does Deputy Costello believe that for one moment?

Deputy Joe Costello: I would like to know what the discussions were on this matter.

Deputy Eamon Gilmore: The Taoiseach will get his chance. We ask the questions; he will answer them.

The Taoiseach: We have to stand up for ourselves once in a while.

Deputy Joe Costello: The decision taken was that each member state would ensure a mechan- ism was found to inject liquidity into their financial institutions. Has any mechanism been found to do this or is there any intention of doing so? I am glad the Taoiseach is here.

The Taoiseach: I can listen to the contributions but cannot stay for the questions and answers.

Deputy Billy Timmins: It is safer in here.

The Taoiseach: We will stay.

Deputy Michea´l Martin: President Sarkozy mentioned the Deputy’s e-mail.

Deputy Joe Costello: This is not a question but it is the most serious item I could raise here today. At yesterday’s meeting of the Joint Committee on European Affairs we had the Departments of the Taoiseach, Finance and Enterprise, Trade and Employment represented. They came to brief us on the submission being made by the Government by the end of this month, not on the Lisbon treaty but on the Lisbon Agenda on growth and employment. It was a work of fiction. It did not reflect anything that is happening. It must have been written 12 months ago. It will be very serious if that 77 or 78 page report which has to go to the European Union to give a picture of where we stand for the years 2008 to 2010 is submitted, unless it is significantly amended. The document gives the impression that everything is rosy in the garden in Ireland. It was written before the budget and the recent major financial turmoil. There are only one or two paragraphs in it that relate to the budget. 265 European Council: 29 October 2008. Statements

[Deputy Joe Costello.]

At the European Council a major decision was made to inject \30 billion into small and medium enterprises to kick start employment and growth in EU member states. That fact is not referred to at all in the major submission that has been drafted and which will be sent to the European Union. If we are going to generate employment, surely we should be examining mechanisms to draw down some of the very substantial amount of money that is now available, particularly in the context of the current credit crunch. The Taoiseach should read the sub- mission before it is sent to see if he is happy with it. Almost everything that needs to be said has been said about the Lisbon treaty. The Taoiseach did not get as hard a time on the issue as many of us had expected he would. The treaty will be centre stage again in December. I wish to warn the Taoiseach that the sub-committee that has been established is charged with examining the challenges facing Ireland and Ireland’s future in the European Union; it is not a sub-committee to determine the way forward for Ireland, post-Lisbon, or how we find a solution for the Lisbon treaty, which is a much more difficult matter. I urge the Taoiseach not to expect that all of the solutions will come from the sub-committee. He will have to devise his own roadmap for the way forward in December, at which time the pressure will definitely be on him. It is very difficult to see what progress can be made prior to the local and European elections next summer and how the situation can be addressed, not to mention putting concrete proposals on the table in December. I hope that plan A is not the sub-committee but that other activities are being engaged in by the Taoiseach and others. The issues of energy and climate change have been stressed. These are two of the most serious issues to which we have no answer at present. Each member state seems to be engaged in an individual response to the problems of energy supply. The Germans, for example, are doing one thing with a pipeline, while the Balkan States are doing another. The only way we can effectively deal with the question of security of energy supply is through a co-ordinated, concerted approach at EU level. An EU-Russian summit is scheduled for 14 November to discuss Georgia. At issue is not just the conflict in Georgia, but the fact that gas pipelines traverse that country. Perhaps that summit could be expanded because the one thing the Euro- pean Union has not been doing is presenting a united front with regard to energy supply and security. In fact, it has become even looser since the Georgian conflict erupted. I ask that something be done in this regard at EU level.

Deputy Aengus O´ Snodaigh: Cuirim fa´ilte roimh an deis seo labhairt ar roinnt de na gne´ithe a phle´adh ag cruinniu´ Comhairle na hEorpa sa Bhruise´il nı´os luaithe sa mhı´ seo. Ba mhaith liom de´ilea´il leis an ra´iteas a thug an Taoiseach inniu. Is trua go bhfuil se´ tar e´is an Teach a fha´gaint gan e´isteacht liom. Nı´ e´isteann se´ liom riamh — b’fhe´idir go bhfuil se´ sin an fa´th nach dtuigeann se´ go dı´reach an phointe a dhein muintir na hE´ ireann sa reifreann. Labhair an Taoiseach mar gheall ar dearcadh na hE´ ireann tar e´is do phobal na hE´ ireann chonradh Lios- po´ in a dhiu´ ltiu´ sa reafrainn nı´os luaithe i mbliana. Ba e´ an prı´omh-a´bhar a phle´adh ag an gcruinniu´ na´ an gcruacha´s eacnamaı´ochta agus airgeadais domhanda ata´ againn faoi la´thair. Ba cheart don Aontas Eorpach bheith da´irı´re i dtaca leis na margaı´ airgeadais agus iad a riaradh i gceart. In ainneoin gur le´ir do ca´ch nach fe´idir leis an Comhaontu´ Cobhsaı´ochta agus Fa´is an sce´al mar ata´ se´ faoi la´thair a chur i bhfeidhm, ta´ Comhairle na hEorpa fo´ sagu´ sa´id an “man- tra” ce´anna — gur cheart do beartas buise´adach an Rialtais fanacht lastigh don leibhe´al ata´ leagtha amach faoin Chomhaontu´ Chobhsaı´ochta agus Fa´is, agus e´ leasaithe. Is le´ir, o´ n gcru- acha´s ata´ ann faoi la´thair, nach oibrı´onn an cur chuige sin. Nı´ oibrı´onn an cho´ ras “one size fits all” nuair ata´ e´igeanda´il no´ cruacha´s i gceist. Sa cha´s seo, ba cheart don Aontas an Chomhaontu´ 266 European Council: 29 October 2008. Statements

Chobhsaı´ochta agus Fa´is a chur ar leataobh. Ba cho´ ir don Aontas spa´s a thabhairt do baill an Rialtas de´ilea´il leis an gcruacha´s mar is fe´idir leo, ina mbealaı´ fhe´in agus lena stı´l fhe´in. Ta´ roinnt don mbunaı´ocht E´ ireannach agus Eorpach tar e´is an argo´ int a dhe´anamh go le´i- rı´onn an gcruacha´s eacnamaı´ochta an ga´ ata´ ann Chonradh Liospo´ in a faomhadh. Is a mhalairt de cha´s ata´ ann. Chruthaigh na bancanna, na stocmhargaı´ agus an cho´ ras airgeadais an praise- ach ata´ ann faoi la´thair. Le´irı´onn an e´igeanda´il a bheidh ann ar feadh tamaill eile teip glan polasaithe an mhargadh saor — na polasaithe ceanann ce´anna a luı´onn i gcroı´la´r an Aontas Eorpach. Dar ndo´ igh, rinne Chonradh Liospo´ in iarracht na polasaithe ce´anna a bhuanu´ . The recent economic and financial crisis should give all EU members pause for thought and should spark a Europe-wide debate on the treaty response required to protect citizens and to call a halt to deregulation and market liberalisation policies, which have caused enormous problems throughout the EU. Indeed, such policies were central to the defeat of the Lisbon treaty, not just in Ireland, but also in France and Denmark, when it was put to the people in those countries as the EU constitution. I was interested to read the Taoiseach’s comments on the post-referendum situation in Ireland, particularly when he said to his EU peers that “Finding an acceptable resolution to our Lisbon dilemma is a task which my Government is clearly focused on”. To whom will the resolution be acceptable? I ask because the Government’s behaviour up to now suggests it wants a resolution that is acceptable to EU leaders but not to the Irish people. Why is it that we must find a solution? The solution lies with our EU partners accepting the legitimacy of the Irish decision and going back to the drawing board. Where is the Taoiseach’s backbone? He should stand up for the Irish people and stop crawl- ing around like Gollum. Gollum is character in The Lord of the Rings, who slavishly follows his masters. He has two sides or a split personality. One of the sides slavishly ——

Deputy Michea´l Martin: Deputy O´ Snodaigh’s party would recognise that themselves.

Deputy Aengus O´ Snodaigh: I am looking at a slavish personality on the other side of the House. Gollum slavishly follows his leaders, is at their beck and call, does as they wish and fulfils the tasks set for him by his masters. The other side of his character is quite humane, capable of listening to people and has love and hope. It is a pity that better side is not reflected in the Minister for Foreign Affairs or the Taoiseach. As they have often told us, the EU is based upon equal partnership. If that is true then they should not be slavishly crawling around after EU leaders. Gollum can be rejected as a personality for the Taoiseach and the Minister. To do so, they must have the balls to stand up for the Irish people. They must show backbone. In the past seven months Sinn Fe´in has consistently argued that the Government and EU leaders must respect the Irish “No” vote and set out how they intend to deal with Irish concerns about a new treaty. Once again the Minister, Deputy Martin, ignored the result of that vote and bowed to EU bureaucrats and the arrogance of many EU leaders who believe they can bully the people into submission. I realise the Minister, Deputy Martin, understands Irish history and that the Taoiseach shares an interest in it. Will you give these people a lesson in Irish history? The more someone tries to bully, threaten, harass or repress us the more likely we are to resist. If the Minister conveyed that message he would not be obliged slavishly to follow them or be at their beck and call. He could make the case that the Irish viewpoint is the correct one, as we are equal partners. We have led the way with the required new treaty. We published and distributed a detailed proposal, in various languages, setting out the way with which we believe these issues can be dealt. I can provide copies to the Ministers present in case they do not have one. We did this 267 European Council: 29 October 2008. Statements

[Deputy Aengus O´ Snodaigh.] to try to be constructive and focus the attention of EU leaders and the Government on a new treaty. Unfortunately Fianna Fa´il and the Green Party have shown little appetite for addressing the concerns of the people to date. Instead, they are slowly but surely attempting to prepare the ground for a second referendum on the Lisbon treaty. Shame on the Government. The Minister and his party have the gall to lecture others about respecting democracy at home and abroad. In particular, shame on the Green Party which correctly harangued Fianna Fa´il and the Progressive Democrats in Government in the past when they decided to put the Nice treaty forward in a second referendum. Where is that backbone now? It is definitely lost among the Green Party Deputies and Ministers. The preparation for a second Lisbon treaty referendum is obvious through the public com- ments of Ministers. Their failure to bring forward any real proposals to address Irish concerns is evident through their actions at the Oireachtas Sub-Committee on Ireland’s Future in the European Union, which was established in the House in recent weeks. Sinn Fe´in has worked constructively with the committee, but we have voiced our concerns repeatedly at the work- plan of the committee, the lack of balance among the invited speakers and the complete failure to engage with the public, which was the stated rationale behind the committee when it was established. Instead, we have seen efforts to frame a bogus debate on Ireland’s membership of the EU for several weeks. Not only does this miss the point as all parties believe Ireland’s place is at the heart of Europe, but it is dangerous. It sends out mixed messages about Ireland’s member- ship of the EU at a time of economic uncertainty which is deeply reckless. There is no threat to Ireland’s membership of the EU. Let me repeat, and perhaps the Minister, Deputy Martin, can repeat when he is summing up, that Ireland’s membership of the EU is not under threat by the “No” vote in the Lisbon treaty. In the past week there was a worrying announcement by Fianna Fa´il Deputy Sea´n Ardagh that the Oireachtas Committee on the Constitution will attempt to reverse or bypass the Coughlan judgment from 2000, which ensured there must be a balanced debate in the broadcast media during a referendum campaign. Having lost the argument during a fair referendum Fianna Fa´il and the Green Party are now trying to manipulate their way through a second referendum. The people will not tolerate such underhand tactics. Sinn Fe´in will defend the democratic right to a fair referendum, confirmed by the Coughlan judgment. The Taoiseach has stated it is his aim to identify by December the necessary steps which need to be taken next year. The necessary steps remain obvious to me. The Lisbon treaty has been rejected by the people of the State and, therefore, cannot be ratified. This message should be sent loud and clear to EU leaders and this could still happen. However, I do not believe the people across from me in the House have the backbone to do this, which is a pity. Instead of trying to find a loophole, the Taoiseach should insist the Lisbon treaty is set aside and a new treaty re-negotiated, hopefully along the lines of our proposal. We do not have the be all and end all for the treaty, but it must be negotiated to protect Ireland’s interests. These interests were reflected in the debate during the Lisbon treaty campaign and in the people’s decision to reject the treaty. They seek a better deal for Ireland and Europe. I do not believe there is an appetite among EU leaders for a new treaty, nor do I believe is there such an appetite on the Government benches. That is just hard luck. I remember as a child, when dinner was served one had to eat it. In this case the dinner is served, the treaty has been rejected and now the Government must re-negotiate and produce a better deal and a better dinner. In the past six months the Government has ignored the wishes of the people at its own peril. It is clear what needs to be done. The Government must listen to what the people have said and must be constructive. Sinn Fe´in published its document in July. I have not seen anyone 268 European Council: 29 October 2008. Statements else publish such a comprehensive document detailing how we can progress to a new treaty which reflects and protects the interests of Ireland in the EU in future. Mar ata´ ra´ite agam, ta´ se´ soile´ir cad is ga´ a dhe´anamh. Ba cheart don Taoiseach, go ha´irithe, seasamh suas ar son muintir na hE´ ireann agus toil an phobail a chosaint. Ba cho´ ir do´ le´iriu´ le Airı´, Prı´omh-Airı´ agus Taoisigh tı´ortha eile na hEorpa nach bhfuilimid sa´sta glacadh le chon- radh Liospo´ in. Ta´ conradh nua de dhı´th orainn agus de dhı´th ar an Aontas ina iomla´n. Ta´ su´ il agam go dtuigeann an Rialtas e´ sin, go bhfuil se´ soile´ir. Go dtı´ seo, is cosu´ il nach dtuigeann an Rialtas cad go dı´reach a tharla nuair a vo´ ta´il pobal na hE´ ireann i gcoinne an chonradh. Ta´ deis ag an Rialtas, ag an che´ad chruinniu´ eile de Chomhairle na hEorpa i mı´ na Nollag, le´iriu´ dos na gcomhaltaı´ eile nach bhfuil pobal na hE´ ireann sa´sta leis an bplean a chuireadh os a´r gcomhair i Chonradh Liospo´ in. Ta´imid ag lorg bealach eile. Ba cheart du´ inn de´anamh cinnte de go bhfuil flaitheas na hE´ ireann cosanta, go bhfuil neodracht na hE´ ireann cosanta agus go bhfuil ceartaı´ oibrithe na hE´ ireann, agus na hEorpa ar fad, cosanta. Nı´ cho´ ir go dtiocfadh´ ıslu´ ar na cearta sin, mar a bhı´ le´irithe sa chonradh u´ d.

Acting Chairman: The Minister will now take questions for 20 minutes.

Deputy Joe Costello: I refer to discussion on the banking and financial crisis. Will the Mini- ster, Deputy Martin, elaborate on the financial crisis cell established and what is required on the part of each member state? Will there be a formal structure and secretariat? Do I under- stand correctly that it can be activated by each member state as they see fit, depending on the emergence of a domestic financial crisis or a financial crisis throughout the European Union? Earlier I raised the matter of the Lisbon Agenda and I meant what I said. The Minister should revisit that substantial document produced by the Department of the Taoiseach, the Depart- ment of Finance and the Department of Enterprise, Trade and Employment on the Lisbon Agenda and correct it before we become the laughing stock of Europe. It is so outdated that it is pretty much meaningless. It is a 77 or 78 page document which must be transmitted to the European Union by the end of this month and it represents Ireland’s analysis of the situation. Each member state must present such an analysis and its plans for the next two years. Will the Minister comment on immigration and asylum? We should all welcome the idea that there be a common European approach to dealing with the matter, but there are many hazards and pitfalls. Every country has a different asylum system. We have a system of direct provision which has been strongly criticised by human rights organisations. The payment for children and adults has not changed since the system came into existence. Approximately 7,000 people are in the system, a large number considering that the number of asylum seekers has been decreasing every year. A very large percentage have been in the system for three years or more. We must put our house in order in that respect. We have withdrawn funding from various education and integration projects in the budget. I would like the Minister to comment on the immigration and asylum programme that is to be implemented and which will have to be transposed into law before 2010. I thought that Pat Cox was on the list for the reflection group. The least I had expected was that the Government would put forward some name for it. If we are to have a high powered group looking at where the European Union is going, it is a shame the name of no Irish person has been forward by the Government. Perhaps the Minister might explain why that has not happened.

Minister for Foreign Affairs (Deputy Michea´l Martin): The Council agreed that a financial crisis cell would be established, which would provide an early warning and information exchange mechanism for EU member states to relay information to the President of the Com- mission, the European Central Bank and the euro group of countries. The details and pro- 269 European Council: 29 October 2008. Statements

[Deputy Michea´l Martin.] cedures for the cell are to be finalised by ECOFIN. It is desired by all member states in order that there will be co-ordination, an early warning and a provision of information on any initiat- ives undertaken, either at member state or EU level. The Deputy’s points do not actually pertain to the document on our implementation of the Lisbon Agenda. One is free to take a subjective view of the material presented by the Govern- ment in its submission to the European Union on our adherence to the principles of the Lisbon Agenda. History shows that of all the member states, we have been the most energetic in pursuing the Lisbon Agenda, especially when it comes to economic development. In the last 12 months there has been a significant downturn in the economy, as well as a global financial crisis, all of which is impacting on economic performance this year and will do so next year and possibly the year after that, but that does not invalidate the fundamental tenets outlined in the document. The migration pact is a political statement on the principles that should underpin the approach of EU member states to immigration and asylum measures. It does not have a direct legislative implication for Ireland or other member states, but it is a very useful statement of principle which will inform the approach of the European Union in dealing with migration and asylum issues. There are three elements to it, namely, the management of legal migration, the fight against irregular and illegal migration, and the recognition of the connection between migration and development, especially for non-EU countries that are countries of origin of migrants. The pact strikes a balance between the rights of migrants and asylum seekers and the need to strengthen policies to combat illegal migration. It was an initiative of the French Presidency which was determined to get it through. It is a welcome measure——

Deputy Joe Costello: Does it provide guidelines?

Deputy Michea´l Martin: It is a statement of principles. With regard to Pat Cox, there are 27 member states and the reflection group is composed of 12 of them. The majority of member states do not have a member of the group. Pat Cox’s name was suggested about ten months ago, but it seems that the former Spanish Prime Minister, Felipe Gonzales, who is chairing the group, went more for academics and former adminis- trators. There are not too many former politicians in the group.

Deputy Billy Timmins: Will the Minister outline the terms of reference of the reflection group and when it will report? Does it actually have terms of reference? In the last few weeks at the sub-committee I have heard about the implications of the “No” vote from people involved in the private sector, people like Catherine Day. The representatives of the IDA and Enterprise Ireland said there had been no immediate impact, but that there would be some- where along the line. There is concern about the uncertainty, especially regarding foreign direct investment. Will the Minister outline the implications? Has the “No” vote impacted in any tangible way on Ireland and its role in the European Union? Is there an expectation among our European colleagues that there will be a second refer- endum in Ireland? Is there pressure to hold such a referendum? President Sarkozy has stated he will come here in early December. Will the Minister confirm if he is coming and what will be on the agenda? My understanding of the financial crisis cell is that the Government requested a change to the policy on capitalising the banks, specifically a change in the wording from “will capitalise the banks” to “may capitalise the banks”. Will the Minister enlighten me on this? Was there dissatisfaction expressed or intimated on the position Ireland took without consulting the Euro- 270 European Council: 29 October 2008. Statements pean Union? Perhaps the Government actually consulted it. I referred to the report in which member states were requested to co-ordinate their responses. Was this a reference to Ireland’s position? Was any consideration given at the Council meeting to assisting Iceland? The European Union has slipped up in this case. We did not offer any assistance and the Icelandic Govern- ment had to go elsewhere. It was a missed opportunity.

Deputy Michea´l Martin: The Council has established an independent reflection group to help the European Union to anticipate and meet the international challenges in the period 2020 to 2030. Basically, it is looking at the key issues and developments which the Union is likely to face, analysing those, strengthening and modernising the European model of economic success and social responsibility, enhancing the competitiveness of the EU, the rule of law and sus- tainable development as a fundamental objective of the EU, global stability, migration, energy, climate protection, the fight against global insecurity, international crime and terrorism. Part- icular attention will be given to better ways of reaching out to citizens and addressing their expectations and needs. That reverts to Deputy Timmins’ point on communicating Europe and connecting with the citizen. It shall not discuss institutional matters nor, in view of its long-term nature, will its analysis constitute a review of current policies or address the Union’s financial framework. The Deputy asked for the terms of reference, areas and content and that is it, broadly speaking.

Deputy Billy Timmins: Does the Minister have any idea when it will report?

Deputy Michea´l Martin: I do not. That is obviously a matter for the group itself to deal with, in consultation with the Council. The Deputy asked about the impact of the Lisbon vote. On the economic front, as a former Minister for Enterprise, Trade and Employment I am well aware that one of the key marketing ploys of Ireland has been to present the country as an English-speaking member of the eurozone and a gateway to the European market. In the aftermath of the Lisbon vote, my officials were asked to intervene in one particular case to convince an American company that the decision to vote “No” against Lisbon did not mean we were pulling out of the EU. The point there is that people from further afield interpret things differently. They may read something into a vote on a specific treaty which is more than it entailed. The Internal Market has been powerful for Irish-owned companies, particularly in the indigenous sector. The graphs explain the diversity in our export profile from when we started in the Union in 1973, when we were wholly dependent on the UK for our exports, to the current situation where we have a significant reach into all the main EU markets. As regards the Deputy’s point, my fear is that when it comes to negotiating key issues in the next two to three years, our negotiating strength will have weakened.

Deputy Dick Roche: It certainly will.

Deputy Michea´l Martin: That will not be said by anybody immediately but it is something that people will feel. From the financial perspective of agriculture and the health check on the Common Agricultural Policy, one always wants to negotiate from a position of strength, as a country that is at the heart of Europe. I have no doubt that, over time, that position and capacity to negotiate from strength will be weakened.

Deputy Dick Roche: Significantly. 271 European Council: 29 October 2008. Statements

Deputy Michea´l Martin: That is a significant consequence of our decision. We can argue about it and the Deputy may decide that he does not agree, but that is the reality to me. There are other issues as well, but I have responded to the question the Deputy posed. As regards Deputy Creighton’s point on the second referendum, we have not confirmed with anybody in terms of a decision that the Government has taken because we have not taken a decision. We have undertaken to bring clarity to the situation at the December Council and to provide direction for the period ahead after that Council. To date, we have undertaken an analysis of the underlying reasons why people voted “Yes” or “No”. We commissioned that comprehensive research and published it. An Oireachtas sub-committee has been established to examine the broader issue of Ireland in the EU and the key issues in terms of our EU membership. That work will be finished by the end of November. The Government is under- taking its own internal examination of all the options, legal and so on. It is clear, however, that there is no desire on the part of other member states to renegotiate. The presentation by Deputy O´ Snodaigh is overly simplistic. It is also misleading to the extent it suggests the potential exists to renegotiate the Lisbon treaty substantially; it simply does not. It takes 27 states to renegotiate, while 24 parliaments have now ratified the treaty. There is absolutely no desire to renegotiate it, but we are endeavouring to provide some resolution for this country. It is in this country’s interests that we provide some roadmap forward. We are not acting in a slavish manner to other European leaders. We have worked in concert with the European leaders.

Deputy Dick Roche: Absolutely.

Deputy Michea´l Martin: Contrary to what Deputy O´ Snodaigh said, our overall strategic objective is to act in the best interests of the Irish people. The Oireachtas and the public at large need to reflect on it and ask what is in the best interests of future generations. Is it in their interests to be on the margins of Europe in terms of influence and engagement? Or is in their best interests to be at the heart of the EU, progressing Europe’s capacity to deal with major issues of the day, including the global financial crisis, conflict resolution — as we did in Georgia — and climate change? We have been cautious as regards any expectations our colleagues in Europe may have. We have pointed out that our first objective is to respect the vote of the people, analyse it and decide how the country can move forward within the EU. Conclusion No. 13 of the meeting in October stated:

The Council expresses its solidarity with the efforts made by Iceland, a country which is closely integrated into the EU single market through the EEA agreement, and which requires the support of the international community. It expects Iceland to honour its international commitments.

That was a reference to potential external international help that Iceland could receive and of which the EU would be supportive. A number of member states raised that matter towards the conclusion of the Council meeting.

Deputy Billy Timmins: Did we seek a change in the banking policy?

Deputy Michea´l Martin: I will make two points on that matter which has been referred to by a number of people. First, the Commission is the body that decides on compliance with competition and state-aid law. I am grateful to Commissioner Neelie Kroes who worked with our Minister for Finance and the Government generally to confirm that we were in compliance with that. Every country makes inputs in terms of the fine tuning of language, but broadly 272 Charities Bill 2007: 29 October 2008. Report Stage speaking we are happy with the outcome because it provides the overall framework for what we have done. The countries took different options and approaches.

Deputy Michael Ring: Why was there not a common approach? Where was Europe on the banking crisis?

Deputy Michea´l Martin: The European Council and the euro group took a common position.

Deputy Michael Ring: They had to be forced into it.

Deputy Michea´l Martin: We did not have to force them into it at all. That is over the top.

Deputy Michael Ring: They were not at the game.

Deputy Billy Timmins: True.

Deputy Michea´l Martin: By and large, the normal, routine conduct of monetary policy within the EU is the preserve of the central bank and finance ministers. President Sarkozy initiated an important meeting of the euro group——

Deputy Michael Ring: When the thing had moved on.

Deputy Michea´l Martin: ——to deal with the global financial crisis, which is an exceptional and extraordinary situation. Up to then, the European Central Bank played a significant role in ensuring continuing liquidity for banks across Europe, and particularly for the Irish banks. Deputy Timmins mentioned Iceland and I respectfully suggest that we could have been in that space if it were not for the European Cental Bank and the role it played in assisting Ireland to overcome the challenges.

Deputy Billy Timmins: I appreciate that. Is President Sarkozy coming in December?

Deputy Michea´l Martin: President Sarkozy has indicated that he is always available to come to Ireland.

Deputy Michael Ring: Will he be Santa?

Deputy Michea´l Martin: He enjoys robust debate at the best of times. I would say he would anticipate further robust debate even from existing candidates and maybe future candidates. In any event, he is available to come here but there has been no confirmation of when he may arrive again.

Charities Bill 2007: Order for Report Stage. Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): I move: “That Report Stage be taken now.”

Question put and agreed to.

Charities Bill 2007: Report Stage. Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): I move amendment No. 1:

In page 8, between lines 6 and 7, to insert the following:

““body” includes an individual;”. 273 Charities Bill 2007: 29 October 2008. Report Stage

[Deputy John Curran.]

This technical amendment is proposed on the basis of legal advice. It clarifies that all types of charitable organisations, including individuals operating as charities, are covered by the Act.

Deputy Michael Ring: What is the purpose of this amendment?

Deputy John Curran: This is a technical amendment. It recognises that many charities are quite small and may consist of just a single individual.

Deputy Jack Wall: I appreciate the time afforded to us today by the Minister of State’s officials and I am sure we will call on their expertise again during the passage of the Bill. I have a concern about an individual being regarded as a charity. In all my days involved with various associations, I have found there always needs to be second person to approve expenditure. If an individual is granted charitable status this would be a concern. There could be concerns in rural Ireland if someone just decided to become a charity. I ask for the Minister of State’s comments regarding this provision.

Deputy John Curran: The legislation recognises the situation as it currently pertains. A single individual can be a trustee of a charity. The issues raised by the Deputy about accountability are further dealt with at other points in the legislation. I refer to annual reporting and so forth which would pick up on those issues, irrespective or whether it is an individual or a group. This is purely a technical amendment. It is important to note the legislation is intended in so far as possible to accommodate the existing structures of charities in the country. The issue of accountability is dealt with in some detail in other parts of the Bill.

Amendment agreed to.

Acting Chairman: Amendment No. 2 arises out of Committee proceedings.

Deputy John Curran: I move amendment No. 2:

In page 8, line 12, to delete “that applies” and substitute the following:

“that, under its constitution, is required to apply”.

Reflecting on the existing wording, it was noted that a scenario where, for example, a charity was unwittingly the victim of internal fraud by an employee or trustee and some of the property of the charity was being applied for the personal gain of that individual, the charity as a whole might be technically in breach of the Act through no fault of its own. This amendment removes any such possibility.

Amendment agreed to.

Acting Chairman: Amendment No. 3 arises out of Committee proceedings.

Deputy John Curran: I move amendment No. 3:

In page 8, line 24, to delete “paid or”.

This is a technical amendment to section 2 of the Bill for the purpose of clarity in which the phrase, “paid or” is not considered necessary on the basis of legal advice. The amendment helps to clarify the definition of charitable organisation.

Amendment agreed to. 274 Charities Bill 2007: 29 October 2008. Report Stage

Acting Chairman: Amendments Nos. 4, 33, 37, 38 are related and may be discussed together.

Deputy John Curran: I move amendment No. 4:

In page 9, between lines 20 and 21, to insert the following:

““EEA Agreement” has the same meaning as it has in the European Communities (Amendment) Act 1993;

“EEA state” means—

(a) a member state of the European Communities (other than the State), or

(b) a state (other than a member state of the European Communities) that is a con- tracting party to the EEA Agreement.

“establishment day” shall be construed in accordance with section 11;”.

The Charities Bill as currently drafted imposes an obligation on each registered charity to have a place of business in the State. However, since Committee Stage, I have taken further legal advice from the Office of the Attorney General on the subject of regulation of foreign charities, including the appropriateness of imposing an obligation on non-Ireland based EU, EEA, EFTA, charities, to have a place of business in the State. On foot of this legal advice, a number of amendments, including these amendments, are required to allow the authority to regulate effectively in a fair and transparent manner all charities operating in the State, including those based in other countries. It would be remiss not to include these detailed provisions providing for equitable yet effective regulation. It should also be noted that organisations from outside the EU, EEA, EFTA area will be required to have a principal place of business in the State. Amendment No. 4 defines EEA agreement, EEA state and establishment day for the purpose of the Bill. Amendment No. 33 rewords the original provision to the effect that in application for registration, all charities will have to specify their principal place of business either in the State for the Irish and non-EEA charities or in the EEA country in which the EEA-based charity has its principal place of business. Amendment No. 37 provides that the authority will enter on the register the information obtained under the previous amendment. Amendment No. 38 is a technical amendment in consequence of the above amendments. The qualification, if any, is now required, because not all charities will be required to have a principal place of business in the State.

Deputy Michael Ring: With regard to EU regulation, if a charity is collecting in this country and does not have a principal place of business in the country, it must still be treated the same as we would treat our own charities. Will these charities be able to obtain tax exemptions from the Revenue Commissioners? How will this be controlled? Has the Minister of 7 o’clock State spoken to the Revenue on this matter? How will these charities be properly audited if they do not have their principal place of business in this State? Will there be co-operation between all the EU member states? How can we ensure these charities are living within the law in their own country? They could come here looking for tax exemp- tions or collecting in this country and may not be obeying the law in their own land.

Deputy John Curran: On the matter of audit and tax clearance certificates, registration with Revenue always remains a separate matter for the Revenue Commissioners. This amendment does not change that obligation in any way. It will be required. The changes proposed for the EU-registered charities impose an obligation for each of them to have a place of residence in the State. Revenue currently requires all charities seeking charitable tax exemption to have a 275 Education Cuts: 29 October 2008. Motion

[Deputy John Curran.] physical presence in this jurisdiction but this is a separate matter for Revenue. However, on the basis of the legal advice, the requirement that these charities have a physical and legal presence in Ireland is to be removed. An approach to the regulation of non-Irish charities, taking into account the requirement of equality of treatment of all EU, EEA, EFTA-based charities, has been developed in discussions with the Office of the Attorney General and the Department of Finance. The Bill is to be amended on that basis. It should be noted that charities from outside this area will be required to have a legal presence in this jurisdiction.

Debate adjourned.

Private Members’ Business.

————

Education Cuts: Motion. Deputy Ruairı´ Quinn: I move:

That Da´il E´ ireann deplores the series of educational cuts announced in the budget and subsequently by the Minister for Education and Science; expresses its serious concern at the damage these cuts will cause to the education system and to the future prospects of our children; and calls on the Government, in particular, to reverse the decision to increase class sizes at first and second level.

With the agreement of the House, I wish to share time with Deputies McManus, Sherlock, Tuffy and O´ Caola´in. On 14 October this year, I sat in this Chamber ready to hear the Minister for Finance deliver his first budget speech. I was anxious for him and for the country. I remembered how I felt in February 1995, when I delivered the first of three budgets as we launched the Celtic tiger. Making the budget is a complex and demanding task. I feared for a man, manifestly clever but with so little ministerial experience and no business background. My heart sank as I heard the Civil Service-leaden prose being intoned to raise the nation to confront the new difficult economic circumstances in which we found ourselves. This was no personal manifesto, political script or even plan of action that might lead us back to a productive and healthy economy. My very worst fears were confirmed when I heard the cynicism and cowardice behind the call to “patriotic action”. This is the last refuge of a worn-out Government, too long in office and long out of creative solutions. It was difficult on budget day to fully grasp the budget’s impact on our education system from junior infants to postgraduate students, but not now. The details have been revealed, the impacts have been measured and the results have been assessed. This budget is an act of social vandalism.

Deputies: Hear, hear.

Deputy Ruairı´ Quinn: It is an attack upon our children, the most vulnerable in our society. It is an attack on our future because our children will be the generation who will guide us into old age and they will care for us as we have done for our parents. It is an attack on our young generation. Think of it. It pushes many shy, insecure young four year old children into classes with more than 30 other children. It makes it impossible for under-resourced primary school teachers to cherish all the children equally. How can they find the time or make the space to monitor and 276 Education Cuts: 29 October 2008. Motion guide each child? Where, amidst the demands of curriculum and time, will they get the moment to realise that a child — your child or your grandchild — needs extra help or special time? We have 450,000 primary pupils in our overcrowded schools. In 12 years we will have as many as 650,000, according to the Central Statistics Office. Our population is growing but we have no place to accommodate our young children in decent classrooms. Already we have an estimated 45,000 primary pupils in prefabs. We have recently learnt that we have 50,000 new homes lying idle in ghost housing estates. This is more than the two years’ supply that our growing households and population would require. Many were built in out-of-the-way places with unnecessary tax incentives. Their physical presence is an empty monument to the incom- petence of Fianna Fa´il, the economically illiterate policies of the Ministers, former Deputy McCreevy and Deputy Cowen, and the greed of the Galway tent. Bankers and builders fell over themselves to persuade their “bought” political clients that the bubble could never burst. How wrong they were but they would not listen. Fianna Fa´il simply did not understand. Last year, the former Taoiseach, Mr. Bertie Ahern, at a conference in Bundoran wondered aloud in an aside why some gloomy forecasters of our economy simply did not commit suicide. As late as last June we were accused by the Taoiseach, Deputy Brian Cowen, of talking down the economy. In years to come, children will ask their parents, who repeatedly and unquestionably voted Fianna Fa´il and the Greens, “What did you do in the boom? Where did the money go? Why did I spend my 12 years in school in a prefab?” The world’s economy is changing rapidly, even dramatically, before our very eyes. Economic and political power is shifting from the West — from America, Europe and like-minded coun- tries — to Brazil, China and India. The 500 years of European dominance, of which we are an intrinsic part, is being rebalanced. We live in a very competitive global economy and that competition will increase and intensify as our children come into age. Our future, within the European Union, is the consolidation of our knowledge-based economy and a society built on fairness, equality and solidarity. The Labour Party supports the national skills strategy which underpins the goal of a know- ledge-based economy. We have never challenged it. We helped in part to create it and we support it. We need to increase the number of third level graduates from 55% of the student population to 72% by 2020 to achieve that goal. Today, the children of some of the social groups in our society are already in third level — 100% of the higher professional socio- economic group and 98% of the farming community. The abolition of third level fees by Labour in Government removed the final psychological and financial barrier for families whose parents had never gone to college. Education is not free at any level. Ask any parent about that. However, at least it is now accessible to all, or it will be until the Greens and Fianna Fa´il reintroduce college fees. We must remember, however, that the journey to third level starts in primary school — in junior and senior infants and all the way to sixth class. Between the ages of four and 15, all children must, by law, attend school. Their parents can be brought to court and fined up to \500 or even sent to jail if they do not ensure their children get that constitutional right, a primary education. In our primary schools, among the many skills that our children acquire, the most important are that they learn to write and to read. In secondary school, children read to learn so as to successfully sit the junior certificate and leaving certificate and, hopefully, travel on to college. Today, however, 19% drop out of school after they reach 15 years of age. Most, but not all, simply do so because they cannot read. The Minister of State, Deputy Sea´n Haughey, has reluctantly admitted to me in the Da´il that as many as 500,000 of our citizens are functionally illiterate and that number is growing. Budget 2009 will accelerate that growth. Dropouts drop 277 Education Cuts: 29 October 2008. Motion

[Deputy Ruairı´ Quinn.] into unemployment, then long-term unemployment or possibly even worse — self abuse, drug addiction or crime, and perhaps all three. Ask the governor of Mountjoy Prison. The impact of this budget on our education system is simply disastrous. At a time of need for more investment, we are worsening a key measure in our educational system, the pupil- teacher ratio. As a consequence, we are now heading to the bottom of the OECD education league. The Celtic tiger, under the management of Fianna Fa´il and the Greens, is facing relegation. In so far as we can measure the figures, I estimate that up to 1.5 million people will be directly affected by the measures contained in this pernicious budget, not once but frequently, with disastrous results. Children, students, parents and even grandparents will all be touched, damaged and wounded by these measures. The Minister, Deputy Batt O’Keeffe, said the cut- backs would only last for two years. That is wrong. For some, they will be a life sentence.

Deputies: Hear, hear.

Deputy Ruairı´ Quinn: The Minister, Ministers of State, members of Fianna Fa´il and, God love them, the Green Party——

Deputy Michael Ring: The yellow party.

Deputy Ruairı´ Quinn: Labour is not trying to score political points, nor are we trying to bring down the Government in this motion. We simply want to change that element of the budget that affects education. We share the views expressed by the Chairman of the Joint Committee on Education and Science, Deputy Paul Gogarty of the Green Party, who said recently, and which might have been in the letter received by the Minister in Beijing or Shanghai:

I do not have to repeat what I have said about education being a building block for future prosperity and social cohesion and the collective failure of the body politic — Government and Opposition — to give real commitments to education so that we may reap the real rewards, albeit in some cases beyond the narrow five year electoral cycle. Funding education pays back in so many ways. And making cuts in the wrong place can cause irreparable damage.

If ever cuts were made in the wrong place, these are them and yes, they will cause irreparable damage. The Labour Party and, I believe, the Opposition and Government backbenchers, many of whom have expertise and experience in primary education, are working together to try to secure our future and defend our children. Ireland is still a rich country but it is in economic difficulties. Together we can overcome these difficulties by creative thinking, hard work and inspired political leadership. We have done so previously. I ask the Government not to use our children’s future to copperfasten its deeply flawed budget. It is time for Ministers and Deputies in Fianna Fa´il and the Green Party to go back to the drawing board.

An Ceann Comhairle: I must remind those in the Gallery that applause is not allowed.

Deputy Liz McManus: Last week, pensioners and students stood in their thousands outside the gates of this Parliament. Tonight parents and teachers are standing in the cold to defend the thousands of children throughout the country who are under attack. A budget that promised to protect the vulnerable has turned into a blunderbuss directed towards the young and the eld- erly. It is no wonder that the anger is palpable in the avalanche of e-mails and telephone calls 278 Education Cuts: 29 October 2008. Motion we have received. I want to give voice to this anger and I can only do so by putting on the record some fragments of the views I received from schools in County Wicklow. One school states:

The increase in the student teacher ratio means we lose one to two teachers. The with- drawal of paid substitution will lead to total chaos in our school from January onwards.

A teacher asks:

I have been sick only twice in my entire teaching career. Is it seriously being proposed that a sick teacher gets out of bed, attends the doctor and informs their principal well before 8.30 a.m. so the principal has time to arrange a substitute? Get real.

Another communication states;

Our school is grossly overcrowded due to the expansion of Enniskerry and we have been waiting patiently for a promised extension. To compound matters class sizes are being increased.

A teacher of home economics writes;

My school will suffer hugely. We will lose teachers, have larger classes and reduced subject choice. Field trips and sports will be cancelled. The grant for my main subject is to be abol- ished. Where is the money to come from?

Another teacher referring to foreign nationals in her school states, “these children will find themselves lost in already over populated classrooms, making integration virtually impossible”. A parent states;

My daughter is in fifth year. She will not be able to continue doing chemistry next year. How on earth does the Government expect her to change subjects during her leaving cert course?

The worst and most telling is a report of a school that had its refurbishment stalled long before the budget with little hope now after it:

Our main concerns are: A boiler that is 41 years old and a health and safety risk so there is no heating as a result; regular sewage and water discharge into the boiler room; no fire alarm system; no fire escape; no emergency lighting; no fire safety certificates on any of the buildings; toilets are completely unsanitary; no hot water services; and evidence of vermin at the rear of the building.

These comments are only a fraction of the feedback I have received. These education cutbacks are shortsighted, unfair and unworkable. They are being driven by a Fianna Fa´il Party which introduced free secondary education when times were rough and a Green Party which gave us lectures on education when times were easy. Many people voted for these parties on the prom- ise that class sizes would fall and education supports would improve. Instead of keeping faith with the people, their children are being asked to pay a terrible price for Government incom- petence and extravagance.

Deputy Sea´n Sherlock: Every time I walk into this Chamber, I pass a statue of Thomas Davis, a fellow Mallow man famous for the quote, “educate that you may be free”. The Govern- ment, by its actions in recent weeks, has sought to curb these freedoms. When Davis spoke of 279 Education Cuts: 29 October 2008. Motion

[Deputy Sea´n Sherlock.] freedom, he may have spoken in the context of political liberation but he also spoke in the context of the freedom of ideas, thought and consciousness. If we are to educate our children in this nation in the context that Davis spoke about we must give them all the tools we can. The Government, by its actions last week, sought to limit those freedoms and limit the giving of those tools to those children and it should be ashamed of its actions. When I look across the benches of this House I see certain Members of the Green Party playing the Tadhg an da´ thaobh and running with the hare and hunting with the hound. I say to them that if they are true to their political conscience and creed they will vote with the Labour Party on this motion and vote for the children of the nation and for the proper edu- cation policy that we wish to see in this land. In speaking to this motion I speak for the schools in my constituency. I speak for the children of Ballyhooley national school and the people in Carrigtwohill, Fermoy, the Mercy national school in Cobh, Midleton College and Gaelscoil Mhainistir na Corann. These are among many who made representations to me about the swingeing cutbacks that will be implemented and the adverse effects they will have on the day to day operations of their schools. It must be admitted that great strides have been made in many aspects of education during the past ten years, although not at a pace we would wish to see. However, it is wrong for any Government to roll back those achievements in one fell swoop and send us headlong back to where we were in the 1980s. This is not the mark of a nation making progress. I urge the Government to think hard about its actions. If we are going to flourish as a nation we must look to future generations. The way we can flourish, socially and economically, is by ensuring every child bar none has the best chance in life he or she can have and having an education system that is world class. Anything else is not what we want. This motion is reasonable. It speaks to the genuine fears the people have about the way they see the education system going. The people beyond these walls, the people of this land, who have shouted loudly, and thank God for their voices, do not want to see their children treated this way nor should the Legislature treat their children this way. We want to give them a fair chance and a fair opportunity. This is what we seek through this motion. On Friday, as I walked down the main street of Mallow I was approached by transition year students from St. Mary’s secondary school. They flocked around me to tell me they will not be able to carry out many of the projects and aspirations they have for their transition year because of the cuts. They asked me to let their voices be heard in Da´il E´ ireann when next I spoke on the subject. I speak for those girls and for the aspirations they have. I speak for the aspirations I had when I was their age and for the educational opportunities I had which were limited because of the times I grew up in during the 1980s. Do not send the education system back to the 1980s. Let us think forward and consider the investment that can be made now and the payoffs in the long run as a result.

Deputy Joanna Tuffy: In putting down this motion, the Labour Party is defending progress made in the education system such as the reduction of class sizes, tackling educational disadvan- tage and getting more students to stay in school and go on to college. Initiatives that have contributed to this progress have been generated across the political spectrum. Thanks must be paid to teachers, students and parents for their part in this regard. Much of the progress has been the result of initiatives introduced by the former Member, Niamh Bhreathnach, when she was the Labour Party’s Minister for Education. She published 280 Education Cuts: 29 October 2008. Motion the first and only White Paper on education, charting its future direction. She introduced prog- rammes to tackle educational disadvantage including the leaving certificate applied, Breaking the Cycle and the Early Start programmes while expanding the transition year programme and abolishing third level fees. The progress that followed included increased participation by school leavers in third level, including those from the lower socio-economic groups. Clondalkin, in my Dublin Mid-West constituency, was one of the postal districts analysed by the Higher Education Authority for its report on who goes to college. Clondalkin’s participation rates in third level increased from 12.7% in 1998 to 22.8% in 2004. More needs to be done but progress has been made. The same report found that more people from disadvantaged backgrounds stayed on in school, thanks to the very programmes introduced by Niamh Bhreathnach, in particular the leaving certificate applied programme. In 2004, the then Minister for Education and Science, Deputy Mary Hanafin, commissioned a report on the transition year which assessed its success. It found that students who took the transition year did better in the leaving certificate and were more likely to go to college. One problem highlighted, however, was those schools which carry the transition programme need proper funding for the programmes to be successful. I have seen the progress in education in Dublin Mid-West at first hand. I am sure my con- stituency colleagues, the Minister of State, Deputy John Curran, the Minister for Health and Children, Deputy Mary Harney, and Deputy Paul Gogarty, the chairman of the Oireachtas Joint Committee on Education and Science, have also seen them. Last week I met with students from Collinstown Park community college, some of whom are in the Visitors Gallery tonight, who are here to defend the progress made in their school. They told me how valuable prog- rammes such as the leaving certificate applied, the leaving certificate vocational, the transition year and the junior certificate programme were to them. One leaving certificate applied student told me he did not think he would be still at school but for the programme. A leaving certificate vocational programme student told me he hoped the programme would provide him with the opportunity to go on to third level as it provides gateway subjects. Transition year students told me how the programme was an opportunity for them to mature and make better decisions about their future studies and careers. Collinstown Park community college sends many more students to third level, into jobs and apprenticeships than it did a decade ago. This is mirrored in all the other schools throughout the Dublin Mid- West constituency in Lucan and Clondalkin. Funding for these programmes will be cut and schools in Dublin Mid-West will lose tens of thousands of euro. Many of the schools will lose two or three teachers. What will these cuts mean for individuals? The cuts will mean individuals will drop out of school. The doubling of the third level registration fee will force many others to drop out of college. Individuals who would have stayed on to participate in properly funded junior certificate support programmes and vocational leaving certificate programmes will be in danger of dropping out of school. Some schools may cease to offer the transition year because it will be too costly to run. As it was, many schools could not offer the programme because it was too costly to run properly. There will be larger class sizes, Travellers will drop out and some schools will have to cut less popular subjects, such as physics, because they will not have the teachers to provide them. Children who need language support will lose out, as will their class mates. A local school in my constituency has informed me it will lose three foreign national TEFL teachers because of the new cap. Students will perform poorly because of larger classes and other cuts, resulting in their career and further study options being diminished. 281 Education Cuts: 29 October 2008. Motion

[Deputy Joanna Tuffy.]

They will be faced by all of the cuts. Disadvantaged schools and those on the threshold will be hit hardest by these cuts. They will be affected by larger class sizes, restrictions on substi- tution teachers and cuts in various programmes, such as the leaving certificate applied and vocational options and transition year. Many of these schools are in Dublin Mid-West, a con- stituency represented by the Green Party’s Deputy Paul Gogarty, chairman of the Oireachtas education committee. These cuts are a mistake. We should be investing in education and build- ing on progress. We must ensure that through investing in education we build our economy again. I have already argued progress can be made in all social areas during harder economic times. There are examples in history where governments in hard economic times invested in edu- cation, social welfare, health and housing. Poland, which is much poorer than Ireland, is investing more in education. Ireland will lose out in economic competitiveness in the future to such countries. The purpose of being in government is to make progress on the issues one cares most about. The Green Party, and in particular Deputy Paul Gogarty, made education one of these issues. With these cuts, the progress made in the education system in disadvantaged areas such as Dublin Mid-West, represented by Deputy Gogarty, will be reversed. The Green Party and the Government is on the wrong side of progress in education.

Deputy Joe Costello: The Minister for Finance, Deputy Brian Lenihan, made the amazing call for patriotism after his budget speech, the most savage and swingeing budget ever seen in the House. That call was answered very well by 15,000 senior citizens last week. It has been answered again by thousands outside the House tonight. That is the real call to patriotism, not that of the Minister for Finance. With these cuts in education, up to 2,000 teacher jobs will be lost and the pupil-teacher ratio will increase. Already there are 40,000 pupils in classes over 30. What will the figure be after these cuts? Ireland was the second last of all European countries in the pupil-teacher ratio tables; now it is the last. Is that a proud record to have at the end of the Celtic tiger? There will be cuts in grants for disadvantaged schools, transition year and extra curricular activities. The library grant of \2.1 million and the free book scheme will be abolished. These cuts are outrageous. If a teacher falls ill or is away on school activities, there can be no substi- tution because it has been cut back by the Minister. Pupils will lose out. Hard-won gains by parents, boards of management and the teacher unions have been swept away with one hatchet blow by the Minister for Education and Science, Deputy Batt O’Keeffe, without any consider- ation for industrial relations. That is not the way to do business. Young students who are expecting to get a better education with the disadvantaged and special education grants will now not have that opportunity. Deputy Paul Gogarty, the Green Party’s spokesperson on education, said last week in the House that he could not stand over some of the cutbacks in the budget. Tomorrow, he will have the opportunity to show his patriotism by walking with the Labour Party through the lobbies.

Deputy Caoimhghı´nO´ Caola´in: Sinn Fe´in supports the Labour Party motion before the House tonight. Despite promising that education would be protected from front-line cuts this Government has introduced dozens of cuts that will have a devastating impact on children, teachers and parents. 282 Education Cuts: 29 October 2008. Motion

Is le´ir anois go bhfuair a´r gco´ ras oideachais an buille is mo´ agus is uafa´saı´ on mbuise´id mı´fhreagrach seo. Nı´l gru´ pa ar bith sla´n agus mar is gna´th is iad an dream leochaileach ata´ thı´os leis da´ bharr mı´-iompar an Rialtais Fhianna Fa´il-Comhaontas Glas. It is now clear that education has been one of the sectors worst hit by this callous and irresponsible budget. No stone has been left unturned and as usual it is the most vulnerable in society who are paying the price for the utter incompetence of this Fianna Fa´il-Green Party coalition. Primary school funding has seen an attack like no other with increases in class sizes, caps on language support teachers at two per school, abolition of equipment and resource grants, cuts to the school buildings project and deferral of the Education for Persons with Special Edu- cational Needs Act. Our secondary schools have been hit with cuts in support for pupils from disadvantaged areas, cuts in investment in information technology, increases in school transport costs, abolition of grants towards the junior certificate schools programme, leaving certificate applied and transition year programmes to name but a few. Attacks on the education sector have also extended as far as third level with an increase in the college registration fee from \900 to \1,500, no provision for increases in student mainten- ance grants, deferral of planned 2009 increases in medical education places and cuts in adult education grants. It is quite clear that the Government has not taken any measures to ease the crisis in edu- cation and instead has set about a course of reckless cuts which look set to cripple the entire sector. Yesterday I had to create a new file on my computer because of the sheer volume of emails that I have received from frantic parents, teachers and students who have reached the end of their tether and are being blatantly ignored by the Government elected to serve them. One concerned teacher outlined the detrimental effect that the proposed cutbacks will have on her own school. She wrote:

Every class in our school will be more crowded next year. We will lose one language support teacher, which means less help for every child. From 1st January there will be no substitute cover for teachers on uncertified sick leave — the children in these classes will be divided amongst other, already overcrowded classrooms. All equipment and grants for sup- port teachers working with special needs children are abolished. Our library book grant is gone. The extra capitation provided for traveller children is gone. The school book grant for needy families is gone.

This is just one example of how the ill-advised cuts foisted upon us by the Government will affect our children. All sides recognise the extremely important role that the education system plays in shaping our society, however in overall terms Ireland ranks 30th out of the 34 countries studied in the Education at a Glance Report 2008 in terms of education expenditure as a percentage of GDP. The same report shows us that increases in spending in this State have been insufficient to match rapidly rising student numbers, most notably in tertiary education. Despite Government claims that it has high ambitions for education provision and that it sees investment in education at all levels as highly important to economic success, these figures show that they shamefully failed to invest in any strategic and meaningful manner. The programme for Government agreed between the coalition partners gave commitments to decrease the pupil-teacher ratio in primary schools. Everyone knew that the Government had moved away from this commitment; however nobody could have predicted the decision to completely abandon it and increase the class sizes from 27 to 28 resulting in many job losses 283 Education Cuts: 29 October 2008. Motion

[Deputy Caoimhghı´nO´ Caola´in.] and detrimental effects on the quality of education. Our classrooms are already overcrowded; these measures will make them the largest in Europe. The current primary school curriculum, with its emphasis on group work and differentiation to suit different learning styles and abilities, cannot be delivered in classes of more than 30. The measures in the budget will result in many classes larger than this. It will dramatically affect the ability of the system to address learning difficulties and will affect future literacy levels, and levels of maths, science and other subjects that we all accept are critical objectives for the future of our society. With such increases in class sizes, schools are full to bursting point with little hope of receiv- ing grant aid for use in building extensions or repairing existing buildings. There are more than 1,400 schools on the school building programme yet the Government has slashed the funding for primary school building. That is a fact, make no mistake about it. No head-shaking will erase that fact from the record. It is completely unacceptable that our children are to continue being taught in deplorable accommodation and conditions throughout the State without any indication of when proper school buildings will be provided. At present the Department of Education and Science, under the leadership of the Minister, Deputy Batt O’Keeffe, spends \35.5 million per annum on prefabricated buildings. That is a shameful fact. This is money down the drain which could be reinvested in a proper school building programme. The current downturn in the domestic building sector provides an oppor- tunity to address historic underfunding of school buildings in a way that will provide real value for money into the future. Sinn Fe´in has been making the call to drastically reduce class sizes for several years because we believe the positive benefits of smaller classes make them an absolute necessity and more conducive to teaching and learning. Classes of 20 pupils or fewer are internationally accepted as best practice. We call on the Government to live up to its commitment in the programme for Government with a reduction in the primary school staffing schedule of one pupil per teacher in the school for the school year 2009-10. Sinn Fe´in has been calling for significant investment in education as part of a long-term economic strategy to build the knowledge based economy that we talk so much about. If we have to borrow money for capital investment then so be it. We should be spending it now where it will really make a difference. The future of our children depends on it. These cutbacks only succeed in hurting those who are most vulnerable and those who are key to the strategic growth of our economy. They are short-sighted and counterproductive, show evidence of a lack understanding of the realities of schools and will damage the edu- cational outcomes of hundreds and, likely, thousands of children. Cutbacks cannot be justified especially, as I must emphasise, when the necessary funds can be raised elsewhere. Under massive public pressure the Government has been forced into a significant climbdown on medical cards for the over 70s. They must now be forced to a climb- down on the savage cutbacks on education. I call on all Deputies of all parties and none in this House to support the Labour Party motion and call again on the Government to listen to the people including, as I have just come in a few moments after the start of this debate, the some 20,000 people estimated to be standing outside in the pouring rain and the cold — teachers and parents together — making a demand 284 Education Cuts: 29 October 2008. Motion on the Minister and the Government to reverse these disgraceful cuts in education. As a mess- enger of the people here in this Chamber tonight, I re-echo their voice.

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

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

“— recognises, given the difficult economic circumstances, the necessity to stabilise the public finances and that taking difficult expenditure decisions and choices at this time is essential in order to ensure that public services, including education, can be sus- tained and improved in the long run;

— notes that the expenditure control measures in the education sector must be con- sidered in the context of the Government’s significant investment in education which has increased spending by over 300% since 1997, which has provided for significant improvements in resources and infrastructure across the sector including:

— 15,000 extra teachers working in our primary and post-primary schools;

— the targeting of additional supports and resources for children with special edu- cation needs with over 19,000 teachers and special needs assistants now working with these children in our schools;

— the targeting of additional supports and funding to schools in the most disadvan- taged areas under the Department’s DEIS (Delivering Equality of Opportunity in Schools) Action Plan;

— the significant capital expenditure of over \586 million this year alone for the school building programme compared to just \92 million in 1997;

— notes the longstanding role of partnership in education and the Government com- mitment to continuing to work constructively with the partners to build on past achievements and improve educational outcomes for all our students;

— acknowledges that the education budget for 2009 shows a 3.2% increase on 2008, despite serious pressures on public finances and major challenges to our economic and social well being; and

— recognises that these expenditure control measures, while necessary in the current circumstances, will be considered further by Government, in the context of pre- vailing economic circumstances, at the earliest possible opportunity.”

I wish to share my time with Deputy Sea´n Fleming. I welcome this opportunity to contribute to the debate this evening on the level of provision made for education in the Estimates and the implications of that provision for maintaining the level of services in the education system. Before I comment on some of the outlandish claims made this evening, and the scare- mongering that has gone on in the past two weeks about the claimed impact on schools and children, I want to first go back to one basic premise as the starting point for any reasonable or rational discussion on this issue. We must accept that the dramatic changes in world economic circumstances, changes that are challenging Governments the world over, require decisive action. Or are we to pretend, as some seem intent on doing, that somehow here in Ireland we can carry on regardless? 285 Education Cuts: 29 October 2008. Motion

[Deputy Batt O’Keeffe.]

The budget was about striking a balance between setting an appropriate level of public expenditure, making measured changes to taxation and setting an appropriate level of bor- rowing. It is simplistic and dangerous to pretend that expenditure on public services could be allowed to grow as though domestic and international economic conditions were as healthy as they were in recent years. Those on the benches opposite are being outrageous with the people when they offer——

Deputy Ruairı´ Quinn: It is the Minister who is being outrageous.

Deputy Batt O’Keeffe: ——solutions that enable them to avoid putting forward difficult options for keeping expenditure under control.

Deputy Emmet Stagg: Deputy Gogarty gave them.

Deputy Batt O’Keeffe: We have heard suggestions that there are easy alternative taxation measures that can somehow solve all these difficulties. This is populist nonsense. Let us remind ourselves that in the mid-1980s we followed the route of high taxation and significant bor- rowing, and we had difficulty recovering from that folly. We also should remind ourselves that it was by pitching the burden of taxation at an appropriate level that we made Ireland attractive for foreign direct investment and enabled private enterprise to flourish. Let us be clear about this.

Deputy Michael D. Higgins: Yes, let us.

Deputy Batt O’Keeffe: In order to maintain existing jobs——

Deputy Emmet Stagg: Fianna Fa´il’s buddies flourished with the tax breaks.

Deputy Batt O’Keeffe: ——and create replacement jobs for any that are lost, we cannot discourage private investment by taxing it out of existence——

Deputy Michael D. Higgins: By destroying creativity.

Deputy Batt O’Keeffe: ——which is what lurks behind much of the Labour Party’s pro- posed solution.

Deputy Michael D. Higgins: Why does the Minister not burn the books?

Deputy Batt O’Keeffe: Much drama and hysteria has been whipped up about protecting our children’s future——

Deputy Emmet Stagg: Ask the teachers what they think of it.

Deputy Batt O’Keeffe: ——and the impact, in particular, of increasing class sizes. I will deal with that issue later. The Government has more fundamental issues to deal with. Yes, we want to protect the future, not only for our children but for all our people.

Deputy Emmet Stagg: Who created the mess?

Deputy Batt O’Keeffe: We want to do the right thing now to ensure——

Deputy Pa´draic McCormack: Why did the Government not do the right thing for the last ten years? For ten years it has done the wrong thing. 286 Education Cuts: 29 October 2008. Motion

Deputy Batt O’Keeffe: ——we do not prejudice our capacity to benefit from a pick-up in the world economy. Economic and fiscal stability is essential if we are to sustain employment, which means ensuring not only the employment prospects of our children in the future but the employment prospects of their parents now.

Deputy Emmet Stagg: Did the Minister make that up himself?

Deputy Batt O’Keeffe: Viewed in that context, the Government’s measures in setting a level of public expenditure that takes into account the reduction in tax revenues due to a reduced level of economic activity has to be seen as vital to the nation’s future. It is unfeasible, in managing overall public expenditure, to allow a major area of expenditure such as education to spiral upwards as if nothing had changed. This Government’s continued prioritisation of education over the last 11 years is evidenced——

Deputy Pa´draic McCormack: The Government made a bags of it.

Deputy Batt O’Keeffe: ——by our investment in 2009 of \9.6 billion — more than treble the investment in 1997.

Deputy Ruairı´ Quinn: The Government is spending less percentage-wise.

Deputy Batt O’Keeffe: We are committed to investing in education but we have to invest at a level that is consistent with what we can afford and what is sustainable at present given the economic circumstances.

Deputy James Bannon: Which were brought about by Fianna Fa´il.

Deputy Batt O’Keeffe: The increase of \302 million in the education budget for 2009 is therefore a real achievement in the current economic climate.

Deputy Ulick Burke: Shame.

Deputy Batt O’Keeffe: The Department of Education and Science is one of only three Departments to have been allocated increased funding in 2009.

Deputy Brian Hayes: Tell that to the people on the streets.

Deputy Batt O’Keeffe: However, I am not going to pretend this amount is sufficient to maintain the current level of service in all respects. It is the best we could do in the cir- cumstances.

Deputy Ulick Burke: Try again.

Deputy Batt O’Keeffe: On budget day I made clear that a number of difficult decisions would have to be taken to enable us to work within the level of resources available for education in the coming year.

Deputy Michael D. Higgins: Such as the \2 million for books.

Deputy Batt O’Keeffe: I took no joy in making those decisions. They would not have been taken if we were not facing such ominous financial circumstances. 287 Education Cuts: 29 October 2008. Motion

Deputy Emmet Stagg: Which the Government created.

Deputy Batt O’Keeffe: As I have stated previously, approximately 80% of my Department’s current funding goes on the salaries of staff working in the education sector, including teachers, special needs assistants and lecturers.

Deputy Pa´draic McCormack: There will be fewer of them next year.

Deputy Batt O’Keeffe: In 2009, taking account of the measures announced in the budget, the net pay bill for teachers’ salaries and pensions will increase by almost \300 million as a result of a combination of pay increases, increasing pension costs and the full-year costs of the salaries of extra teachers appointed this September. My current allocation provides for increased enrolments in primary schools and continued growth in special needs provision in primary and post-primary schools. In addition, pay costs will rise by some \40 million to cover the full-year costs of additional special needs assistants in the system this September as well as provision for additional posts next September. The Government has had to make extremely difficult decisions across all public services, and education, unfortunately, is no different. The fact that pay constitutes the bulk of current expenditure on education is inescapable and it was therefore necessary to introduce measures which affected the teaching resources available to schools. The budgetary targets agreed by the Government could not otherwise have been reached without having a disproportionate impact on non-pay areas such as day-to-day funding for schools. I am from Cork, a county that knows a thing or two about hurling.

Deputy Ciara´n Lynch: Yes. We know all about the Minister in Ballygarvan and Passage West.

Deputy Batt O’Keeffe: was a great hurler. But Deputy Quinn, who this morning refused to say where he would make the savings he proposes, is the most skilful hurler on the ditch I have ever encountered.

Deputy Ruairı´ Quinn: I thank the Minister. That is my job.

Deputy Batt O’Keeffe: A particular challenge is that the education sector is continuing to grow.

Deputy Pa´draic McCormack: The hurlers are on strike.

Deputy Batt O’Keeffe: An extra 14,000 pupils entered our primary schools in September and a further 11,000 pupils are expected in September 2009. An additional 3,000 pupils are expected at post-primary level in September 2009. Meeting this growing demand at a time of severe public spending constraints meant that some hard choices had to be faced.

Deputy Emmet Stagg: The Department will pack them into classes of 36 or 37.

Deputy Ulick Burke: Excuses.

Deputy Batt O’Keeffe: The specific measures I have had to take with regard to the staffing schedule——

Deputy Michael D. Higgins: Such as the Travellers’ grant and the book grant.

Deputy Batt O’Keeffe: ——and substitution cover have to be seen in this light. 288 Education Cuts: 29 October 2008. Motion

Deputy James Bannon: Where are the light Green Party Deputies this evening?

Deputy Batt O’Keeffe: We had to take a measured and balanced view of what was reasonable in the circumstances.

Deputy Emmet Stagg: The Minister is a dreadful failure.

Deputy Batt O’Keeffe: I have listened to the hysterical claims about changes to the basic staffing schedules for primary and indeed most post-primary schools. This is scaremongering of the highest order.

Deputy Ciara´n Lynch: The Minister should say that in Ballygarvan.

Deputy Ruairı´ Quinn: Tell that to the parents and teachers outside.

Deputy Batt O’Keeffe: Are the Opposition Members and the teachers’ unions honestly say- ing to the public——

Deputy Emmet Stagg: The Minister is out of touch.

Deputy Batt O’Keeffe: ——that the primary school system will be in crisis next year because we are proposing to allocate mainstream classroom teachers to schools on the same basis as in the 2006-07 school year?

Deputy Ruairı´ Quinn: The Minister should ask the principals and the boards of management.

Deputy Batt O’Keeffe: This is a measured adjustment. It is not credible to make such out- landish statements about its impact.

Deputy Ruairı´ Quinn: The Minister should meet with the principals and the boards of management.

Deputy Batt O’Keeffe: I can understand the disappointment of the INTO that this measure——

Deputy Emmet Stagg: The Minister should not try to blame the unions for this.

Deputy Batt O’Keeffe: ——runs counter to one of its major objectives of having its members work in smaller classes.

Deputy Emmet Stagg: The Minister should be talking about parents and children. Blaming the unions is a Fianna Fa´il red herring.

Deputy Batt O’Keeffe: Is it seriously being claimed that from September 2006 to June 2007 we were sacrificing the future of the nation’s children because of the way primary schools were staffed at that point?

Deputy Ruairı´ Quinn: Those were different times.

Deputy Batt O’Keeffe: The statements made in this House and elsewhere by members of the Opposition are ill-informed and disingenuous. The Opposition is being opportunistic in stirring up unnecessary anxiety for thousands of families around the country. It should stop now. 289 Education Cuts: 29 October 2008. Motion

(Interruptions).

Deputy Batt O’Keeffe: Turning to the post-primary system, we are being asked to believe that the end of the world is nigh?

Deputy Pa´draic McCormack: The end of the Government is nigh.

Deputy Michael D. Higgins: Nobody said that.

Deputy Emmet Stagg: One fine day the Minister will find out if it is.

Deputy Batt O’Keeffe: From September 2009 post-primary schools will be staffed on the same basis as they were prior to 2000.

Deputy Michael D. Higgins: It is no longer the Fianna Fa´il speculators’ paradise. The Mini- ster is a chancer.

Deputy Batt O’Keeffe: Those of our young people who graduated from our universities and institutes in recent years successfully came through our second level schools under the precise staffing arrangements that will apply from next September. Again, let us put aside the hyper- bole. Is it credible to claim that operating as we did up to 2000 will be catastrophic? As I have said already, it is not what I would want if the circumstances were different. The measures being implemented in autumn 2009 will not cause the doomsday scenario being peddled in certain quarters, but failure to stabilise the public finances will.

Deputy James Bannon: Real patriotism would be to tell the truth.

Deputy Batt O’Keeffe: The future prospects of our children would be prejudiced to a far greater extent if the Government recklessly ignored the current realities.

Deputy Ciara´n Lynch: The dog ate the Minister’s paper.

Deputy Batt O’Keeffe: We have taken a measured approach in the circumstances and those who seek to alarm parents and the wider community in pursuit of their own agenda or for cheap political advantage are doing the nation no service. Taken in combination, and with a reasoned attitude, the impact of the staffing schedule changes, withdrawal of historic disadvantage and language support posts, weighed against the increases expected in the number of teachers——

Deputy Emmet Stagg: It is a shame.

Deputy Batt O’Keeffe: ——for increasing enrolment and resource teachers for special needs, will mean an overall reduction of 200 posts in both the primary and post-primary sectors.

Deputy Pa´draic McCormack: Does the Minister believe that?

Deputy Emmet Stagg: It is a disgrace. It is mean.

Deputy Batt O’Keeffe: That is less than 1% of the overall number of teaching posts in schools currently.

Deputy Emmet Stagg: That is as accurate as the Minister’s figures. 290 Education Cuts: 29 October 2008. Motion

Deputy Batt O’Keeffe: When that is measured against the overall target of a 3% reduction across the public sector, it demonstrates the Government’s desire——

Deputy Emmet Stagg: The Minister would want to multiply that by ten.

Deputy Batt O’Keeffe: ——to protect frontline staff in schools to the greatest extent possible.

Deputy Emmet Stagg: The Minister’s sums are a bit weak.

Deputy Michael D. Higgins: Same old calculator.

Deputy Batt O’Keeffe: An amount of confusion has been created around the impact of the measures on teacher numbers.

Deputy Michael D. Higgins: That is 200.

Deputy Batt O’Keeffe: To take the primary sector as an example, I am basing my estimate of a net reduction of 200 posts on the removal of 1,100 posts while creating 900 posts.

Deputy Michael D. Higgins: And the Minister is good at numbers, is he?

Deputy Batt O’Keeffe: That does mean that if none of the changes were being made there could have been over 1,000 primary teachers more in the system in September 2009 than are currently in the system. Some public statements seem to be based on a scaremongering claim that there will be a drop of over 1,000 teachers in the schools. It is a disingenuous use of “potential” additional posts that might have been created to imply a loss five times greater than what will be the real net impact. I reiterate that the budget is based on paying only 2,000 fewer primary teachers in September.

Deputy Caoimhghı´nO´ Caola´in: Did the Minister say 2,000?

Deputy Batt O’Keeffe: Sorry, it will be 200 fewer——

Deputy Caoimhghı´nO´ Caola´in: Has the truth come out?

Deputy Batt O’Keeffe: ——primary teachers in 2009 than are currently being paid.

Deputy Caoimhghı´nO´ Caola´in: I hope the record of the House——

Deputy Batt O’Keeffe: I want to also address the allegation made by Deputy Hayes that we are hiding figures used in our estimations. I strongly refute that allegation. I appreciate the Deputy does not have experience in framing Estimates——

Deputy Brian Hayes: And the Minister does.

Deputy Batt O’Keeffe: ——and therefore I will explain it for him.

A Deputy: No one on that side of the House has any experience.

Deputy Michael D. Higgins: The Minister did not do too well in it himself.

Deputy Batt O’Keeffe: The Department of Education and Science budget for next year has been prepared on the same fundamental basis as any other year by estimating the number of teachers that will be employed under the different categories given the policies in place, for 291 Education Cuts: 29 October 2008. Motion

[Deputy Batt O’Keeffe.] instance, mainstream classroom teachers, special needs and language support teachers and allowing for any change in overall demographics. The figures, both for increases and decreases in the estimated number of teaching posts, relate to possible ranges for the impact of the changes to the staffing schedules and the effectiveness of redeployment——

Deputy Emmet Stagg: What the hell does that mean?

Deputy Brian Hayes: Run that by me again.

Deputy Batt O’Keeffe: ——as part of the detailed allocation process to individual schools.

Deputy Emmet Stagg: Did the Minister write that one himself?

(Interruptions).

An Ceann Comhairle: Let the Minister finish without interruption.

Deputy Batt O’Keeffe: The education partners were invited to a briefing on budget day in regard to the measures——

A Deputy: English for beginners.

Deputy Batt O’Keeffe: ——affecting education. Anyone who asked then, or subsequently, was provided with information explaining the basis on which those calculations were done.

A Deputy: We are all confused.

Deputy Batt O’Keeffe: Schools are currently returning data to my Department in regard to their enrolment as of 30 September 2008. All enrolment and pupil data has to go through a data validation process before it is used for teacher allocation purposes.

Deputy Emmet Stagg: So the Minister does not have a clue what it might be.

Deputy Michael D. Higgins: So he chanced 200.

(Interruptions).

Deputy Batt O’Keeffe: The detailed staffing allocations that individual schools will have for the commencement of the academic year 2009-10 will not be finalised until the allocation processes at primary and post-primary level have fully concluded.

Deputy Joe Costello: That gives the game away.

Deputy Emmet Stagg: The Minister does not have a clue.

Deputy Batt O’Keeffe: There is nothing exceptional in that. The allocation processes include appellate mechanisms under which schools can appeal against the allocation——

Deputy Michael D. Higgins: That is great.

Deputy Batt O’Keeffe: ——due to them under the staffing schedules.

A Deputy: More red tape. 292 Education Cuts: 29 October 2008. Motion

Deputy Batt O’Keeffe: That is particularly relevant at post-primary level where the appeals process considers in particular any specific curricular needs of the school concerned. At primary level the final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in the existing school if a new post is not available within the agreed terms of the scheme. The position is less straightforward at post-primary level and in terms of how we manage teacher numbers in these difficult circumstances, it is essential we get a comprehensive cross- sectoral redeployment scheme. We need to build urgently on the existing agreement on redeployment where a post-primary school closes——

Deputy Emmet Stagg: If I put on the headphones will I get a translation of that agreement?

Deputy Batt O’Keeffe: ——and build in the arrangements for ensuring that teachers who are surplus in one post-primary school can be moved to meet the needs of other post-primary schools. We already have about 200 over quota posts in schools, which means some schools have posts they are not entitled to under the existing staffing arrangements.

Deputy P. J. Sheehan: Tell that to the teachers.

(Interruptions).

Deputy Batt O’Keeffe: Ultimately, having a working redeployment scheme at post-primary is about bringing about a situation where schools are treated on an equitable basis across the second level system, each school has the number of teachers it is entitled to and no one school is being disadvantaged while another is substantially over quota. The dynamics of the teacher allocation process are more complex at post-primary level and even with an effective redeployment scheme, the adjustment being made will take more than one year to have the full effect. In terms of the overall impact on teacher numbers at post- primary, that is why our estimate is for a net 200 teachers fewer in the system in September 2009 when posts that will be withdrawn are balanced against new posts that will be created. My Department has made clear, when asked, that the changes in the staffing ratio for post- primary schools could produce a further decrease in teaching posts over a number of years. However, in net terms it is likely that this would be offset by increased teaching post numbers due to increasing enrolments and growth in provision for children with special educational needs into the future. I have made the point that the choices that had to be made were difficult. For example, if I had not suspended for the moment the substitution cover for short-term sick leave and school business I would have had to make more significant changes to the staffing schedule.

Deputy Kieran O’Donnell: What about sport? No more school tours.

Deputy Batt O’Keeffe: Since 2003, when those improvements for substitution cover were first introduced, we have spent dramatically more on substitution. Much of that additional spending will be retained with the 37 hour supervision scheme being maintained. I am aware that from January the changes regarding substitution will present particular challenges for school managers but we felt that suspending part of the improvements made in 2003 was preferable to impacting more significantly on teacher numbers. 293 Education Cuts: 29 October 2008. Motion

[Deputy Batt O’Keeffe.]

The point must be made that paid substitute cover for uncertified sick leave in all schools and for school business at second level was only introduced in 2003. This is in addition to a new payment of \1,789 to teachers to provide supervision and substitution cover that they previously provided without payment.

Deputy Ruairı´ Quinn: The Minister cannot go backwards like that.

Deputy Batt O’Keeffe: I have left the payment to individual teachers in place and for the moment suspended the cover for uncertified sick leave and school business. Prior to 2003, schools managed without any of that provision and this did not impede their capacity to participate, for example, in football and other sports competitions. I fully accept that was possible through flexibility and goodwill all round. As we manage through this difficult period, I am asking teachers in all schools to co-operate fully with school managers in coping with this change in the interest of their students.

Deputy Ulick Burke: The Minister has not shown much goodwill.

Deputy Batt O’Keeffe: Schools that require language support will still be entitled to get it. However, the budget measures will mean that the level of that support will be reduced to a maximum of two teachers per school, as was the case before 2007. We still envisage having over 1,400 language support teachers in our schools in September 2009 and up to about 500 other teachers in part-time posts. By any standards that is a very significant resource and the challenge will be to ensure it is used to maximum effect. As I announced on budget day, we will also provide for some alleviation for the position of those schools where there is a significant concentration of newcomer pupils as a proportion of the overall enrolment.

Deputy Denis Naughten: That system failed before.

Deputy Batt O’Keeffe: This will be done on a case-by-case basis.

Deputy Michael D. Higgins: That will be very efficient.

Deputy Batt O’Keeffe: The allocation process for language support teachers is annual in nature and existing provision is not rolled out automatically. Schools will be applying afresh in the spring and early summer of 2009 for the 2009-10 school year, based on their assessment of the prospective needs of existing pupils and any new pupils that will be enrolling. At post-primary level, each school management authority is required to organise its curricu- lum, teaching timetable and subject options having regard to pupils’ needs within the limits of the approved normal staffing allocation. A school authority may, however, encounter unantici- pated difficulty in meeting essential curricular commitments to pupils within the 8 o’clock normal staffing allocation. As part of the normal flexibility in the allocation system, the Department will, as is the case every year, consider requests by a school authority for a staffing concession as short-term support. I acknowledge that the change is likely to have implications for class size in the subjects taken by all pupils and that it may impact on the subject choices offered by schools. Again, to put this in perspective, the change reverts second level schools to the staffing basis on which they operated quite effectively up to the year 2000 and must be seen in the context of the 294 Education Cuts: 29 October 2008. Motion major challenges we, as a Government, face in trying to shelter public services to the greatest extent possible in these exceptional times.

Deputy P. J. Sheehan: The Minister is going back eight years.

Deputy Batt O’Keeffe: It is also important to recognise the significant improvements that have been made in the staffing of second level schools in recent years. The overall pupil-teacher ratio fell from 13.9:1 in the 2001-02 school year to 13.1:1 in the 2006-07 year. In the 2001-02 school year, there were approximately 24,500 whole-time equivalent teaching posts allocated to second level schools. For 2006-07, the corresponding figure was 25,500 whole-time equiv- alent posts.

(Interruptions).

Deputy Batt O’Keeffe: Significant progress has also been made at primary level during the past decade or so, when the country was able to afford it.

Deputy Emmet Stagg: We cannot afford what is required now because the Government has made a mess of things.

Deputy Batt O’Keeffe: I remind Deputy Quinn that teachers were allocated on the basis of 35:1 when his party was last in government.

Deputy Ruairı´ Quinn: That was a different time.

Deputy Paul Kehoe: It was 11 years ago.

Deputy Batt O’Keeffe: This begs the question as to whether there was a crisis at that stage.

(Interruptions).

Deputy P. J. Sheehan: What happened to the Celtic tiger?

Deputy Batt O’Keeffe: Class sizes have been lowered by reducing the average number of pupils per teacher from 35 in 1996-97 to the current level of 27. Significant additional supports also have also been provided and we have reduced class sizes in the most disadvantaged of our DEIS schools. During the last school year almost 80% of children attending primary school were in classes with fewer than 30 pupils. With over 20,000 individual classes spread across all primary schools throughout the country, there will always be differences in individual class sizes. Multi-grade classes are the norm in the majority of our primary schools given the number of relatively small schools that have four teachers or fewer. There is no evidence whatsoever that being taught in a multi-grade setting is to the detriment of the child.

Deputy Ruairı´ Quinn: No one said that. It is the number of children in the class that is the problem.

Deputy Batt O’Keeffe: Will the Leas-Cheann Comhairle indicate if I am running over time?

An Leas-Cheann Comhairle: There are just over five minutes remaining in the slot.

Deputy Pa´draic McCormack: The Minister has had too much time. 295 Education Cuts: 29 October 2008. Motion

(Interruptions).

A Deputy: The Minister should keep going. He is great fun.

Deputy Batt O’Keeffe: When one considers the OECD report and various international comparisons, it is clear that Ireland is doing well.

Deputy Ulick Burke: The Minister saved this until the end. It is at the very bottom of his speech.

Deputy Michael D. Higgins: It is a great achievement.

Deputy Pa´draic McCormack: The Minister should look at his partners in Government.

Deputy P. J. Sheehan: The Government promised a reduction in class sizes.

An Leas-Cheann Comhairle: The Minister should be allowed to conclude.

Deputy Batt O’Keeffe: In order that we might get the facts right, according to the programme for international student surveys, PISA, Irish 15 year olds have consistently achieved among the highest scores of surveyed in respect of reading literacy.

(Interruptions).

Deputy Michael D. Higgins: And the Minister is going to assist them by reducing the book grant and the money for science materials.

(Interruptions).

Deputy Batt O’Keeffe: In 2006, we were sixth overall and second only to Finland within the EU. Improvements have been significant in that area.

Deputy Paul Kehoe: Where is the standing ovation for the Minister?

Deputy Sea´n Fleming: I welcome the opportunity to contribute to the debate.

Deputy Paul Kehoe: Where is the standing ovation?

An Leas-Cheann Comhairle: Deputy Fleming should be allowed to make his contribution. There are only four minutes available to him.

Deputy Pa´draic McCormack: Those opposite are walking out on the Minister.

Deputy Sea´n Fleming: It is somewhat unreal to participate in this debate, particularly in light of recent comments in the media by people involved with the teachers’ unions and by members of the public. Everyone is aware that there will be a shortfall in tax revenues this year. Nevertheless, the Government has provided \9.6 billion in the Estimates for 2009. It may be a surprise for some to discover that this represents an increase of over \300 million, or 3.2%, and is ahead of inflation. We would like to have been able to double the increase. However, in light of current economic circumstances, \300 million is a realistic increase. 296 Education Cuts: 29 October 2008. Motion

I became a Member of the House in 1997. At that stage, there were approximately 50,000 people working in our classrooms. There are now 80,000 people working directly in those classrooms.

Deputy Denis Naughten: The population has increased.

Deputy Ruairı´ Quinn: It is called population growth.

Deputy Sea´n Fleming: At present, there are approximately 60,000 teachers and 20,000 indi- viduals working with children with special needs. This represents an increase of 60% in the number of staff in our classrooms in ten years, which is an outstanding achievement. People are aware of the figures relating to special needs but some do not like hear them. There are some 19,000 adults in our schools who work solely with children with special needs. There are some 10,000 special needs assistants. When I became a Deputy, the post of special needs assistant was almost unheard of. In addition, there are 7,800 resource and learning sup- port teachers and 1,100 other teachers support children with special needs. Some hundreds more work in special classes. Reference was made to language support posts. We must be realistic in this regard. We are returning to the level that obtained in 2007.

Deputy Pa´draic McCormack: Going backwards.

Deputy Sea´n Fleming: The reason for this is straightforward. One need only walk through one’s constituency to realise that the numbers of people coming to Ireland from elsewhere is decreasing.

Deputy Paul Kehoe: Because the Government has no regard for the children.

Deputy Denis Naughten: Am I correct in believing that they are all speaking fluent English?

Deputy Sea´n Fleming: Not only are the numbers decreasing but many people, particularly those from eastern European countries, are returning home.

Deputy P. J. Sheehan: What happened to the Celtic tiger?

Deputy Sea´n Fleming: As a result, fewer children require language support services than was the case two years ago. I am of the view that such services should be temporary in nature and should be aimed at ensuring children have adequate English to allow them to fully integrate with their peers.

Deputy Ruairı´ Quinn: They have all gone home.

Deputy Sea´n Fleming: Language support services should not be available on a permanent basis. The idea that children need special education in the English language over a five or six- year period would be an indictment of the teachers who provide the service.

Deputy Denis Naughten: None of them is getting that.

Deputy Ulick Burke: Deputy Fleming is spreading the blame.

Deputy Sea´n Fleming: The children in question only require assistance for a year or two before they can become fully integrated. There will still be 1,400 teaching staff involved in the 297 Education Cuts: 29 October 2008. Motion

[Deputy Sea´n Fleming.] provision of language support and the needs of individual schools will be dealt with on a case- by-case basis. The capitation grant, which incorporates matters such as changes to the book grant, has been increased. We are returning to the 2007 level of class sizes. No one was sent home in 2007 because of overcrowding in classrooms.

Deputy Ruairı´ Quinn: That was because supervision was provided.

Deputy Sea´n Fleming: People should not be scaremongering on this issue in respect of what will be the position in 2009. It should be remembered that classes will be no bigger than was the case two years ago. Comment has been lacking in this debate on the most important aspect of a child’s education, namely, the quality of the teacher who provides it. The debate has focused solely on the quan- tity of teachers.

Deputy Ruairı´ Quinn: No, it has not.

Deputy Sea´n Fleming: The Government is committed to working with its partners in edu- cation to improve the educational outcomes for all students. It comes down to the quality of the education on offer as opposed to the quantity of people in classrooms. People have been complaining about the schools building programme but it is proceeding apace.

Deputy Ulick Burke: It has collapsed.

(Interruptions).

Deputy Sea´n Fleming: The summer works scheme will return next year and the devolved grants scheme is also due to proceed. We will produce a county-by-county list in the near future if Deputies so desire.

A Deputy: Produce it now.

Deputy Paul Kehoe: Another promise.

(Interruptions).

Deputy Sea´n Fleming: There is a great deal of activity in this area. I commend the Government amendment to the House and I look forward to progress being made with teachers, parents and students in 2009.

Deputy Brian Hayes: I wish to share time with Deputies Burke, Naughten, O’Mahony and Feighan. I extend my genuine congratulations to Deputy Quinn and the Labour Party on tabling this important motion. I assure the Deputy of the full support of Fine Gael Members for the intent behind and substance of the motion. The Minister, in a very interesting speech, took a number of side-swipes at me. I would like to go through them. He said that he would “address the allegation that has been made by Deputy Hayes that we are hiding figures used in our esti- mations”. I think he was trying to say “estimates”, which is the appropriate word, rather than “estimations”. 298 Education Cuts: 29 October 2008. Motion

Deputy Batt O’Keeffe: It is possible to say “estimations” in the English language.

Deputy Brian Hayes: I wish to make it clear that I have no estimation of the Minister.

Deputy Conor Lenihan: The Deputy needs to check a dictionary. He used to be a teacher for a short period.

Deputy Brian Hayes: He went on to suggest that I cannot do my maths.

Deputy Conor Lenihan: The Deputy’s party cannot do its maths.

Deputy Leo Varadkar: Neither can the Minister of State’s brother.

Deputy Brian Hayes: The Minister was on dangerous ground when he claimed that I am somewhat wet behind the ears when it comes to framing Estimates. Did he not use the estimates of a golfing buddy from County Cork, who is an economist, to arrive at some amount of money we were going to glean from third level education? He is on dangerous ground when he makes allegations of this nature in the House. He has been caught out a few times. That is why he will not have a face-to-face debate with Deputy Quinn or me on this matter. He read out a speech — rather badly, at times — while expecting us to believe he has any credibility in this regard. Funding is an issue in primary and secondary education. We all know that. We do not spend enough. The big problem is that the funds are spread too evenly across the entire schools sector. We have been getting education on the cheap, in effect, for far too long. The Minister’s fundamental task is to protect the education budget and stop these vicious assaults on our young people. He has failed at the first hurdle.

Deputy Pa´draic McCormack: Hear, hear.

Deputy Brian Hayes: The second task he has failed to accomplish is to ensure he does not mislead this House.

Deputy Conor Lenihan: Is Deputy Varadkar writing these scripts?

Deputy Brian Hayes: On 10 July last, the Minister told me that I have “never been in Govern- ment”. He pointed out that “these things” are agreed with the Department of Finance on an annual basis. I responded by arguing, “We had better get ready for next year because we are going to see a loss of teachers in our primary and post-primary sectors, despite the bleatings and commitments of the Minister”. The Minister’s response was to say, “Not at all”. Who got his figures wrong?

Deputy Batt O’Keeffe: In July, I said there would be a 3% adjustment.

Deputy Brian Hayes: The Minister’s problem is that he has no credibility in the education sector.

Deputies: Hear, hear.

Deputy Brian Hayes: The Minister showed last night that he does not know the difference between the pupil-teacher ratio and class size. He asked for partnership with the unions, even though he has met them just once in the last six months. He claims he is still reading his brief. He gives the impression that he is, as Tony Benn put it, “in office but not in power”. He is a 299 Education Cuts: 29 October 2008. Motion

[Deputy Brian Hayes.] puppet of the Taoiseach in the Department of Education and Science. That was exposed in his contribution tonight. The Minister stumbled through the section of his speech relating to numbers. That language cannot hide the fact that next year, our primary schools will lose 1,000 teachers and our post- primary schools will lose between 800 and 1,200 posts. Of course we will get new teachers — that happens when the population increases in an area and the local school is expanded. It is inevitable. However, nothing can belie the fact that approximately 1,000 schools throughout the country will lose teachers next year. The Minister stands indicted for that.

Deputies: Hear, hear.

Deputy Brian Hayes: I do not believe the Minister is a hypocrite. He is a straight politician, in many respects.

Deputy Pa´draic McCormack: He is a nice fellow.

Deputy Brian Hayes: The real hypocrites — the Green Party Deputies — did not have the courage to come to this House this evening. Where are they?

Deputy Ulick Burke: They are having another meeting.

Deputy P. J. Sheehan: They are gone underground.

Deputy Fergus O’Dowd: They are sowing seeds.

Deputy Brian Hayes: When the Minister was in China, examining how the Chinese treat their third level students, the Green Party was wrestling with its conscience. Their ministerial pensions won out. Over the last week or so, it has been stomach-churning to listen to the Green Party Members of this House. The Superman from Lucan, Deputy Gogarty, says he will defend the education sector and the budget.

Deputy James Bannon: He is a shadow boxer.

Deputy Brian Hayes: He brought his troops to the top of the hill, he looked over the abyss and he ran away. That is what happened.

Deputy Pat Breen: Did the Minister get his e-mail?

Deputy Brian Hayes: Regardless of the Minister’s performance during this debate, this is the Green Party’s Stalingrad. The Green Party will never come back from this. It made so many promises in advance of the last election. Fianna Fa´il stands indicted for ten years of broken promises in the education sector. In 2002, it promised that by 2007 those aged nine or younger would not be in classes of 20 or more. We now have 200,000 children in such circumstances in our primary schools. In 2007, Fianna Fa´il promised that it would reduce the staffing schedule at primary level from 27:1 to 24:1 in its first three years in office. It promised to also reduce the staffing schedule for the core subjects at post-primary level. We are never going to arrive at that. The party lied to the people at the last general election, just to buy the election.

Deputy P. J. Sheehan: You conned them. 300 Education Cuts: 29 October 2008. Motion

An Leas-Cheann Comhairle: Deputy Hayes cannot make a charge of lying against a Member of the House.

Deputy Brian Hayes: The Minister and his party misled us.

Deputy Simon Coveney: The Deputy is referring to something that happened outside the House.

An Leas-Cheann Comhairle: The Deputy will withdraw the word “lied”.

Deputy Brian Hayes: The truth of the matter is——

An Leas-Cheann Comhairle: I take it that the word is withdrawn.

Deputy Brian Hayes: It is withdrawn. Class size is important to my children, just as it is to children all over the country. It makes a difference to the primary curriculum at a time when we are trying to develop a new system in education. There are children with educational disad- vantages and disabilities within our primary school system. It makes a difference to teachers as they try to ensure that the new primary curriculum is implemented. One of the net effects of the Minister’s savage cuts will be that minority subjects at post- primary level, such as science subjects, will suffer. Fewer children will be able to study such subjects as a result of the Minister’s reduction in the staffing schedule at second level. So much for the Government’s promise to try to improve this country’s capacity in the areas of science and maths. I reject the idiotic comments of the Minister, Deputy Willie O’Dea——

Deputy Conor Lenihan: The Deputy is able to make mistakes as well.

Deputy Brian Hayes: The Minister, Deputy O’Dea, said that this measure will result in just one more child being in each class. It is obvious that he does not know, just like the Minister, Deputy Batt O’Keeffe does not know, that it will lead to a dramatic change in many classes throughout the country. Principals will have to make do with the situation they face. The Government has suggested that the vulnerable are not affected by this budget. That is a fallacy, as others have said. It is untrue. The slashing of library grants will affect such people, as will the loss of \2 million in Traveller capitation allowances. Who will stand up for some of the poorest children in our education system? It is clear that the Minister and his Department will not. The Minister has single-handedly assaulted the most disadvantaged young people in this country. Shame on him.

Deputy Pa´draic McCormack: Hear, hear.

Deputy Brian Hayes: We have to come through the recession we are currently enduring. The Department of Education and Science needs a Minister who will stand up for education. It does not need someone who acts as a puppet of the Taoiseach because they are close friends. It needs someone who will ensure that the country can come through this crisis. The only way that will happen is if we continue to invest in education. Over the course of the last two weeks, my party has said difficult things to the public sector. Fine Gael has argued for a pay freeze in respect of salaries over \50,000 across the entire public sector. It is a difficult thing to sell and argue for. We believe that the front line — the teachers of this country — needs to be ring-fenced. I will not stand over a budget which will, 301 Education Cuts: 29 October 2008. Motion

[Deputy Brian Hayes.] in effect, sack 2,000 teachers in our primary and post-primary schools next year. We have taken the hard choices. It is time the Government did the same.

Deputy Ulick Burke: I thank Deputy Hayes for sharing his time. I declare my full support for the Labour Party motion before the House. In his address to the House this evening, the Minister, Deputy Batt O’Keeffe, described the education measures in the budget as “the best we could do in the circumstances”. The measures in question include 33 cuts which will affect children in our primary and secondary schools. If that is the best he can do in these circum- stances, difficult though they may be, it is time for him to think about his position as Minister for Education and Science. I would like to make three points in the time available to me. I will start with the question of substitution. In his address this evening, the Minister tried his best to confuse the issue. The proposal for the elimination of substitution will cause chaos in every second-level and primary school in the country. If the Minister disagrees I ask him to return to his officials that they might realise the circumstances in so many schools. I will give an example. A primary school with 48 pupils would have two teachers. If one of those decides to go out sick for one day or is absent for in-service training or whatever other business under these circumstances, no substitution can be had. The other teacher, as principal or otherwise, has to accommodate 48 students. Obviously, in the interests of health and safety, some of those students will have to be sent home. Will the Minister stand over children being sent home from school because of inadequate staffing? If so, he should say “Yes” and the people standing outside will know exactly what he is and what he is doing as Minister for Education and Science.

Deputy Conor Lenihan: We can bring somebody in.

Deputy Ulick Burke: Last Thursday evening in this House a former Minister for Education, when charged with the idea that 1,000 second-level teachers will be lost, said, in essence, that only temporary or part-time teachers will lose their jobs. Tell that to the many people who have been teaching for ten years in a school and have not yet got a permanent position as a teacher. The Minister presides over that and if he can continue to do so, he should, again, consider his position. The Minister does not seem to realise that the reduction of teacher numbers in schools will inevitably lead to a reduction in subject choices. We mentioned the importance of science subjects, physics and chemistry. Traditionally there are smaller classes for these subjects at honours level to get points for courses for a lifetime afterwards. Schools will have to eliminate many science subjects. Will the Minister preside over a situation where many schools through- out the country will drop chemistry and physics from the curriculum choice?

Deputy Brian Hayes: That is right.

Deputy Ulick Burke: That is the consequence the Minister must accept when he says he had no alternative. The transition year was introduced by former Fine Gael Minister, Mr. Richard Burke way back. I taught in one of the schools in which it was piloted, Garbally College in Ballinasloe. I have received a number of texts and e-mails from students of that school who have traditionally had access to the transition year and have been told they may not have it next year. I have 500 individual letters from students of the Presentation College, Athenry. I ask the usher to take them over to the Minister and I ask the Minister to get his people to read them and to reply 302 Education Cuts: 29 October 2008. Motion to them in their own good time. Then they will see there is need for change in the 32 cuts he has needlessly introduced to hurt the children of this country.

Deputies: Hear, hear.

Deputy Denis Naughten: I welcome the opportunity to speak in this debate and thank the Labour Party for tabling the motion. The decision to target the education cuts at one of the most vulnerable groups in our school system, migrant children, is appalling. It targets those who cannot speak for themselves by a Government that does not want them to speak. It is focused on a group that cannot vote in the general elections. The Government ignores the fact that these people are here for the long haul. They are not going home. They have moved to Ireland with their families and are committing themselves for their long-term future here in this country.

Deputy Ruairı´ Quinn: This is their new home.

Deputy Denis Naughten: According to the Department of Education and Science there are 48,000 newcomer pupils of 160 different nationalities in primary and post-primary school in Ireland. Approximately 60% of those do not have English as their first language. The INTO projects that 500 language support teachers out of 1,600 at primary level will be lost on the basis of the Minister’s announcement. That is a cut of one third. Based on the Minister’s figures making up the difference, it means a 50% cut in language support teachers at second level. As the Minister of State, Deputy Conor Lenihan, will tell the Minister, language is a major barrier for many migrants in this country and is becoming the single most significant key divisive factor in our country. If migrants cannot communicate, they cannot integrate into society. This policy decision will facilitate the development of ghettoes into the future. Not only will this cause social problems, but the cap on language support teachers, in conjunction with the increased class sizes, will result in teachers allocating inordinate amounts of time to some students with the rest of the class suffering. It will ensure that every child in a school with migrant pupils will suffer and as a result will foster resentment against immigrants which will damage society far into the future. Unless children of all nationalities can communicate and understand, they will be lost in the school setting and in the wider society.

Deputy Conor Lenihan: Deputy Varadkar wants to bus them out and segregate them.

Deputy Denis Naughten: I will come to the Minister of State in a minute.

Deputy Conor Lenihan: Deputy Naughten should talk to his colleague beside him. He wants to segregate them but denies this.

(Interruptions).

Deputy Denis Naughten: The Minister carried out this review and introduced these cuts. This is his review.

An Leas-Cheann Comhairle: The Minister of State will not ignore the Chair.

Deputies: Hear, hear.

Deputy Leo Varadkar: The Minister of State might need an injection.

Deputy Brian Hayes: He might need a kebab. 303 Education Cuts: 29 October 2008. Motion

Deputy Denis Naughten: This applies not only to foreign-born children but to our own chil- dren who have been denied adequate supports such as speech therapy and other classroom assistance.

Deputies: Hear, hear.

Deputy Denis Naughten: As a result of the watering down of the language support these children will compete with Irish-born pupils for limited learning support hours. This is a recipe for disaster and will promote discrimination.

Deputies: Hear, hear.

Deputy Denis Naughten: Where there is a growing demand for vital supports the answer is not to cap it and deprive all pupils of a fair education. Many parents of Irish-born children will move their children from schools with higher ratios of migrants amid concerns that teachers will have to slow progression to facilitate those with poor language skills. This situation is compounded by the Government’s U-turn on class sizes, commitments which were given to the people of this country in the last general election and which were signed up to by Government Members in their programme for Government just over 12 months ago.

Deputies: Hear, hear.

Deputy Denis Naughten: In the current economic climate there must be savings and we all accept that. However if the Minister wants to find money and resources to reinstate the langu- age support service he could examine the long delays in processing asylum applications. Sweep- ing cuts that have taken place in the immigration service budget for the year 2009 will end up costing taxpayers more money because it will take even longer to process asylum claims. This is a false economy and will drive up the cost of processing asylum applications. It takes eight years to process an asylum application at a cost of approximately \1.4 million per applicant. Taxpayers already fork out \521.25 per asylum seeker on social welfare and accommodation per week. That does not include the costs related to the Department of Education and Science. The Minister could look closer to home. He has a Minister with responsibility for integration who has no budget.

Deputy Brian Hayes: That is right.

Deputy Denis Naughten: He has seen his budget cut by 25%. In the past 12 months the only thing he has done is to carry out a review of language education which will sound the death knell for providing integration for our society. It will make the situation worse. Studies have clearly shown that migrant children in classes have the potential to improve the outturn of all pupils regardless of background. This can happen only if our children can fully participate in the class. Whether it is language or learning support, our children, no matter where they were born, have the right to reach their full potential. The Minister must reverse the decisions.

Debate adjourned.

An Leas-Cheann Comhairle: The debate is adjourned.

Deputy Simon Coveney: On a point of information——

An Leas-Cheann Comhairle: There is no such thing as a point of information. I presume the Deputy wishes to raise a point of order. 304 Education Cuts: 29 October 2008. Motion

Deputy Simon Coveney: On a point of order, I would like the Leas-Cheann Comhairle to ask the Minister of State, Deputy Conor Lenihan, to withdraw the term fascist, which he used in the debate this evening——

An Leas-Cheann Comhairle: I did not hear the word——

Deputy Simon Coveney: The Minister of State’s name calling——

Deputy Conor Lenihan: I did not call anyone a fascist.

Deputy Simon Coveney: I ask that I be allowed to finish my point.

Deputy Conor Lenihan: I said his policies were associated with the British Fascist Party.

Deputy Simon Coveney: The Minister of State did not say that.

Deputy Fergus O’Dowd: The term fascist should be withdrawn.

Deputy Denis Naughten: The Minister of State should withdraw that allegation.

Deputy Simon Coveney: I would like the Leas-Cheann Comhairle to ask——

Deputy Conor Lenihan: I said the policies were fascist.

Deputy Simon Coveney: I would like the Leas-Cheann Comhairle to ask the Minister of State to withdraw that comment——

An Leas-Cheann Comhairle: I ask that the Minister of State allow me to restore order to the House.

Deputy Simon Coveney: ——which brings the debate to a new low.

An Leas-Cheann Comhairle: The debate is adjourned. I will now explain the ruling. The general charge against any individual of a term like fascist is not allowable. A general charge, not specific to an individual, is acceptable.

Deputy Fergus O’Dowd: On a point of order, a Nazi salute was given in this Chamber.

An Leas-Cheann Comhairle: If there is a charge——

(Interruptions).

An Leas-Cheann Comhairle: I did not hear the charge.

Deputy Paul Kehoe: We all heard the charge.

An Leas-Cheann Comhairle: I will review——

Deputy Simon Coveney: I can tell the Leas-Cheann Comhairle what the charge was.

Deputy Fergus O’Dowd: There was a Nazi salute too. Deputies cannot make Nazi salutes in this Chamber.

An Leas-Cheann Comhairle: Deputies Coveney and O’Dowd should resume their seats.

Deputy Fergus O’Dowd: A Nazi salute is not acceptable. 305 Tax 29 October 2008. Code

An Leas-Cheann Comhairle: Both Deputies will resume their seats. The Chair is on his feet.

Deputy Fergus O’Dowd: One cannot give a Nazi salute in this Chamber.

An Leas-Cheann Comhairle: The Chair is on his feet. I will——

Deputy Paul Kehoe: I urge the Minister of State to do the honourable thing and apologise.

An Leas-Cheann Comhairle: I will review——

Deputy Conor Lenihan: I have nothing to apologise for. I referred to policies.

An Leas-Cheann Comhairle: I will review the record of the House and bring the matter to the attention of the Ceann Comhairle.

Deputy Denis Naughten: The Minister of State made a scurrilous remark.

Deputy Paul Kehoe: The remark should be withdrawn.

An Leas-Cheann Comhairle: We will now move on to Matters on the Adjournment. Deputy Pat Breen has been given permission to raise the following matter——

A Deputy: Shameful.

Deputy Simon Coveney: The Minister for integration — nice one.

An Leas-Cheann Comhairle: ——the impact of the \10 air travel tax on Shannon and other airports in the west and south.

Adjournment Debate.

————

Tax Code. Deputy Pat Breen: I wish to share my time with my colleague, Deputy Joe Carey, who has an interest in this matter. I welcome the opportunity to raise this very important issue. Since the Minister for Finance’s call to patriotic duty, proposals contained in his budget have been unravelling one by one. Last week we witnessed the grey revolution, today we witnessed the teachers’ revolution and the farmers’ revolution is on the way. The ramifications of an ill- thought out budget are coming home to roost. Another of the Government’s pie in the sky proposals is the introduction of a \10 air travel tax for all departing passengers from Irish airports. It is estimated that this taxation measure will raise \150 million in a full year. However, like other budget proposals, no thought was put into the implementation of this levy. The structure of the proposed tax discriminates against airports outside of Dublin. It does not take a rocket scientist to figure out that passengers departing from Shannon, Cork or Knock Airports will have to travel a greater distance to the UK than those passengers flying from Dublin Airport. However, as we all know, when aviation policy is being decided by the Department of Transport, Shannon Airport is not on the radar. Furthermore, the Government jet is not subject to this tax. The measure is being implemented as a blunt instrument, in an unfair and inequitable fashion which is not acceptable, particularly at a time when Shannon Airport is already in the spotlight 306 Tax 29 October 2008. Code over proposals by Aer Lingus to shed 280 jobs and the tourism industry in the region is in free fall following the axing of the Shannon to Heathrow service. It is baffling as to why Shannon Airport is now expected to take a further hit. The proposed tax has also placed a cloud over the retention of some of Ryanair’s current routes at the airport. This week, Ryanair announced that the tax will reduce passenger numbers from 2 million to 700,000 if imposed in its current format. While Ryanair’s motives may have more to do with the fact that its contract at Shannon Airport is up for negotiation in the next 18 months, the fact is that the tax is anti-competitive and must be reviewed. Ten UK destinations are serviced from Shannon Airport by Ryanair. Approximately 302,000 passengers travelled from Shannon to London in the first six months of this year, a drop of 16% on the same period last year, while a further 254,000 passengers travelled to UK provincial destinations from Shannon during the same period. In comparison, 6.5 million passengers used Dublin Airport to travel to and from various airports in the UK. The majority of these passen- gers will now only have to pay \2, while passengers who depart from Shannon and other regional airports will have to pay \10. There is no logic to this from an economic or regional development point of view. While it is unfair for Ryanair to hold Shannon Airport to ransom in this fashion, it is particularly unfair to the travelling public who have to vote with their feet and travel from Dublin Airport. This tax must be altered and I support the suggestion of my colleague, Deputy Michael Noonan, that if the Minister is insisting on introducing this tax, it should be a 300 km coastline tax. Travel to UK destinations from any airport in Ireland should be treated in the same fashion. In other words, the tax should only apply once the flight leaves the Irish coastline. Others have suggested the introduction of a flat rate tax but that would be detrimental to the development of long-haul travel. I urge the Minister to review the tax. Dublin Airport already has an unfair advantage. There should be a level playing pitch at all airports. Our tourism sector is in free fall and for the sake of the west of Ireland, I urge the Minister to rethink this proposal.

Deputy Joe Carey: The Minister for Finance, in his wisdom, is trying to tax the airline industry out of existence with a \10 air travel tax. To make matters worse, he is placing Shannon Airport at a disadvantage vis-a`-vis Dublin Airport on a number of routes, including Liverpool, Manchester and East Midlands. Ryanair accounts for 60% of traffic at Shannon Airport, with 35 different routes and almost 2 million passengers. The average Ryanair fare is \10 in the winter months and at the stroke of a pen, the Minister has increased such fares by 100% with his proposed new tax. As a direct result of this tax, Ryanair has stated that its \400 million investment in Shannon Airport is in jeopardy. The new air travel tax is yet another shambolic charge in a shambolic budget. The Minister’s travel tax does nothing for tourism, business or job creation. In fact, the tax will weigh heavily on the tourism industry and will cause major job losses in the mid-west. I plead with the Minister not to implement the air travel tax on passengers using Shannon Airport. It will cause utter devastation in Shannon and the mid-west. I ask the Minister to use his common sense on this issue.

Minister of State at the Department of Finance (Deputy Martin Mansergh): I am pleased to take this opportunity to clarify matters relating to the introduction of an air travel tax that the Minister for Finance announced in the budget, which will come into force for passengers 307 Tax 29 October 2008. Code

[Deputy Martin Mansergh.] departing Irish airports on and from 30 March 2009. The Minister for Finance has answered parliamentary questions on this issue as recently as today. As has been stated previously, the general rate it is proposed to apply will be \10 per passen- ger, with a lower rate of \2 for shorter air journeys, that is, those not in excess of 300 kilometres. The Minister decided that a relatively short air journey should attract a lower charge. It is not unusual for the price of fares for longer journeys to be higher than those for shorter journeys and the tax reflects that position. The Minister was also conscious that the tax would apply to both the outward and return journey in respect of domestic flights. In addition, the Minister was cognisant of the greater competition that exists from other forms of travel for that sector, relative to longer flights. Ireland is not unique in applying a tax on air travel. Many countries within the EU and worldwide apply similar taxes. For example, our nearest neighbour, the UK, has applied a similar tax for over 20 years. The UK applies an air passenger duty of £10 or \12.65 for a standard ticket for any destination in the UK or Europe. For all other destinations the rate is £20 or \25.30. Both these rates double for tickets other than economy class. A new Dutch aviation tax entered into force in July this year. The tax is charged at \11.50 for EU destinations and \45 for other destinations. In France civil aviation tax is charged at approximately \4 for EU destinations and \7 for other destinations. The Belgian Government recently announced its intention to introduce an air travel tax, however the details are not yet available. Further afield, Australia and New Zealand, which like Ireland are very dependent on air travel, also apply departure taxes. The proposed rates for the Irish air travel tax are not unreasonable both for shorter and longer journeys, when compared to rates in other countries.

Deputy Kieran O’Donnell: Passengers are still at a disadvantage.

Deputy Martin Mansergh: A person travelling within the UK, for example, will be liable to pay the UK air passenger duty of £10 or \12.65 on each leg of the journey. For example, a passenger departing from Manchester to London will be subject to the £10 tax and on the return journey departing from London to Manchester that passenger will also be subject to the £10 tax, giving a total tax liability of £20 or approximately \25. In Ireland, a person travelling within the State will be liable to pay \2 in tax on each leg of the journey, giving a total tax liability of \4. Furthermore, both the UK and Dutch rates in respect of longer flights are more than two and four times higher respectively than the Irish rate. The Government acknowledges that low cost travel has been good for Ireland. The pioneers in this area deserve to be commended. However, we must, in analysing the new tax, not over- play its impact. For the purpose of illustration, at present a fare from Shannon to London Stansted Airport that is initially presented as \10 with a similar \10 return fare will actually cost a passenger \85 when all charges are included. This assumes no luggage is checked in, which would cost more. Included in the \85 is a \5 credit card handling fee per flight segment. This latter practice has been the subject of much criticism by consumer bodies. Assuming fares remained the same the price of this trip would rise to \95 on foot of the new tax. A person flying from London Stansted to Shannon, or indeed from any airport in the UK to Ireland, is already paying, through the airlines, £10 or \12.65 in air passenger duty to the UK Exchequer. Airlines do not appear to have any difficulty in applying the UK air passenger duty.

Deputy Pat Breen: What about the Dublin to Liverpool route? The Minister of State is being selective. 308 Mental Health 29 October 2008. Services

Deputy Martin Mansergh: I am not aware of any airline that has threatened to pull out of the airports at London Stansted, Manchester or Birmingham because of the UK tax. I do not believe those threats should be applied to Irish airports when a more modest charge is applied.

An Leas-Cheann Comhairle: The Minister of State is already over time.

Deputy Joe Carey: The Government is messing with something that works well.

Deputy Martin Mansergh: I am not convinced that the new tax would have a dramatic effect on passenger levels and the suggestion by some that the tax would see fares double for prospec- tive passengers does not present the full picture. In any event, for visitors to Ireland the price of travelling to and from Ireland is only one of the costs they will consider before choosing their holiday destination. General price levels and the availability of reasonably priced quality accommodation will be just as important. I see no competitive displacement. No one who would otherwise use the airports at Cork or Shannon will go to Dublin to save \8. That argument does not stand up.

Deputy Joe Carey: What if there were four people in a car, 16 people in a minibus or 52 people in a big bus?

Deputy Martin Mansergh: The recent spate of failures in the airline sector were the result of the sizable spike in oil prices. Price pressures are now subsiding and fuel costs, which had increased to as much as 50% of some airlines’ cost base, are falling dramatically. Airlines benefit from an international tax exemption on jet fuel. The extent of this benefit is illustrated by the fact that tax as a percentage of the price of litre of petrol is up to 60%. The new tax is estimated to yield some \95 million in 2009 and \150 million in a full year. In the context of the difficult fiscal position the Government now faces, this measure is neces- sary, not unreasonable and fully justifiable.

Deputy Joe Carey: The Minister is being selective again. He should could come out of the clouds.

Mental Health Services. An Leas-Cheann Comhairle: Deputy Kieran O’Donnell has permission to raise the matter of the provision of adult day service places at the Daughters of Charity centre for the intellectu- ally disabled in Lisnagry, County Limerick.

Deputy Kieran O’Donnell: It is pronounced Lisnagry — an “i” rather than an “e” sound. I do not wish in any way to——

An Leas-Cheann Comhairle: It is a learning experience to be in the Chair.

Deputy Joe Carey: The Deputy received many votes in that area.

Deputy Kieran O’Donnell: I should not need to raise this matter again as I first raised it on 1 July 2008. The Minister of State at the Department of Health and Children with responsibility for the disability sector, Deputy John Moloney, was in the House at that time. I mean no disrespect to the Minister of State at the Department of Health and Children, Deputy Ma´ire Hoctor, but I am disappointed she is present. The Minister of State, Deputy Moloney, should have been in the House this evening. I have made various representations on this matter. The Minister of State, Deputy Moloney, made a commitment during the debate that funding for 309 Mental Health 29 October 2008. Services

[Deputy Kieran O’Donnell.] nine adult day care places for nine school leavers at the Daughters of Charity, Lisnagry, Limerick would be dealt with within ten days, that is by 11 July 2008. Some 120 days later the funding still has not been paid. On 1 July the Minister of State, Deputy John Moloney, stated:

I understand the Health Service Executive will be able to finalise the position in respect of the commencement of developments including those required to meet the needs of school leavers with disabilities in the next 10 days. I suggest this should be sufficiently strong com- mitment to reassure the Deputy and all concerned.

I took the Minister of State at his word. I have made various representations on this matter. What has happened with this Government? The service provider, namely, the Daughters of Charity, went ahead and brought in agency workers to provide the service from 1 September. They sought a capital grant of \120,000 to convert a building and make it suitable for providing the adult day care facilities. Work is already under way using funds from the Daughters of Charity mainstream budget which is under pressure. Some two nurses, one supervisor and 1.5 care staff, or 4.5 staff in total, were required. The Daughters of Charity have provided the staff and the facility has been up-and-running since 1 September. Credit is due to the Daughters of Charity and not to the Government. It is a disgrace that I should have to raise this matter again in the Da´il and hold the Minister of State to account, given that such a small amount of money is required. The Minister of State, Deputy John Moloney, is not even in the Chamber. It galls me that the parents of the children came to me as far back as late June to discuss the issue. They were concerned about who would look after their children. The Daughters of Charity were notified on 1 August, more than one month later, that they could proceed and take on the necessary staff. They still have not been told when they will be paid. They recruited the staff, but some three months or 89 days later, the funding is not in place. In the broader context of funding for the disabled my understanding is that no payment has been made nationally under the disability development fund 2008, for which the Government provided \50 million in 2008. We are into the 11th month of the year and no funding had been paid. The service providers are providing the services from mainstream funding, not from ring- fenced funding for disability services. These service providers are worried that the Government will not provide the funding and when 2009 comes their allocation will be based on actual payments in 2008, rather than the payment to which they were entitled. The actions of the Government relating to the disability allowance are horrendous and cal- lous. It has taken away the disability allowance and replaced it with a domiciliary care allow- ance for young adults between 16 and 18 years of age. Parents can ill afford this change and it will cost them more than \13,600. I wish to hear from the Minister of State if funding for the nine school leavers to attend the Daughters of Charity centre has been paid, and if not, that it will be paid immediately.

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I take this matter on behalf of my colleague the Minister for Health and Children, Deputy Mary Harney. I am pleased to take this opportunity to address the issue raised by the Deputy. It is particularly significant in terms of demonstrating the Government’s resolute assurance to sup- port and protect the needs of disadvantaged groups, including people with disabilities within Irish society, despite the impact of current economic restraints. At the outset, I reaffirm the Government’s confirmation and steadfast commitment to both people with disabilities in Ireland and to the national disability strategy and its long-term goals 310 Boundary 29 October 2008. Commission and objectives, which we will continue to pursue in the coming years in partnership with all the key stakeholders. The Government has further emphasised this pledge to people with disabilities by allocating additional funding to the continued development and enhancement of services in this area in 2009. The additional \10 million allocated to the Health Service Execu- tive in this year’s budget will provide for 125 additional therapy posts in the disability and mental health services, which will be targeted at children of school-going age. These funds will be ring-fenced for this purpose in the HSE’s letter of allocation for 2009. The commitment to the provision of additional resources in 2009 is reflective of the Govern- ment’s resolution to continue to build on the significant changes and improvements which have been realised in the sector. In recent years, the Government has provided considerable resources for services and supports in effecting real change in the development of services for people with disabilities. The multi-annual investment programme, which is a key component of the Government’s disability strategy, will by late 2008 have provided 980 new residential places, 313 new respite places and 2,505 new day places for the intellectual disability service. For services for people with physical and sensory disabilities, the programme will have provided 300 new residential places and 950,000 extra home care or personal assistance hours. As part of the national disability strategy’s multi-annual investment programme, the HSE has increased the number of day places for people with intellectual disability by almost 1,500 since 2005. In addition, almost 150 day places have had their services enhanced, with the pro- vision of additional supports to deal with school leavers or other adults with significant dis- abilities. The increase in new and enhanced health and personal social services in recent years has ensured that young people with intellectual disabilities have appropriate services in place, which allows for a smooth transition from secondary school. In some cases, the funding enables the school leavers to access appropriate day services, in line with a person-centred plan. In many cases, this funding provides places for individuals completing rehabilitative training, thereby creating training places for other school leavers. With regard to the specific matters raised by Deputy O’Donnell, the Minister for Health and Children understands from the HSE that funding for ten day places has been made available from 2008 development funding to the Daughters of Charity. Arrangements for the release of the funding to the Daughters of Charity are currently being finalised by the HSE. This sustained enhancement of service delivery to people with disabilities is confirmation of the Government’s objective to develop the disability agenda to a level which compares to the best in the world. Working together with all stakeholders, in a true spirit of partnership, we will continue to build on what has been achieved by the Government’s commitment to achieving the common goal of building a true and inclusive society for all.

Boundary Commission. Deputy Lucinda Creighton: I am very pleased to see the Minister here and I appreciate that he has taken the time to address this very important issue. However, I am disappointed that he did not attend the meeting organised by Fine Gael in the Mount Herbert Hotel, where we discussed this matter at length with local residents.

Deputy John Gormley: I was not invited.

Deputy Lucinda Creighton: An invitation was certainly issued. I am also disappointed he did not attend the public demonstration on Sandymount Green. Notwithstanding that, I appreciate the fact that he is here, because this is an extremely important issue. It relates specifically to a decision which will have the effect of driving a wedge through the heart of Sandymount, one 311 Boundary 29 October 2008. Commission

[Deputy Lucinda Creighton.] of the oldest, strongest and most vibrant communities in Dublin city. The decision made in this instance is erroneous and I hope that the Minister will listen to my point and reconsider it. I find it very disheartening to see terms of reference set out by a Cabinet Minister for a boundary commission which are flagrantly ignored. That is precisely what has happened in the local electoral boundary changes for the Dublin city area. Sandymount is one of the oldest communities in Dublin and epitomises all that is good in community life in an urban setting, especially in Dublin city. It has a great historical wealth that traces back to the Pembroke Estate and is a very important village in Dublin’s urban heritage and its cultural fabric. It is a very cohesive community, with a very distinctive geographical and social environment, centred around the green area and along Sandymount Strand. The reasons for the boundary commission were clear and my party supported them. There was a need to redress the imbalances in local representation around the country. The objective was to redraw the local electoral boundaries, with a view to ensuring a reasonable relationship between the 2006 population and representation within each local authority. My 9 o’clock party supports all of this. However, the Minister specifically ordered the Dublin city electoral area boundary committee to respect point No. 3 of the terms of reference. Point No. 3 states that in recommending changes to local electoral areas, the commit- tee should take due account of the desirability of preserving natural communities or the hinter- lands of population centres and of the desirability, where it may be possible to do so, of aligning local electoral area boundaries with Da´il constituency boundaries. I contend that the latter part of that point has been observed, but the first part has been flagrantly ignored by the boundary committee. The objective, as set out in the terms of reference, is to increase the number of public representatives in a particular ward area to no fewer than four and up to a maximum of seven. In exceptional circumstances, three-seat local electoral areas may be recommended where otherwise the geographical size of the electoral area would be disproportionately large. That is fair enough. The terms state that, subject to all this, the committee shall endeavour to maintain continuity in the arrangement of local electoral areas. Flagrantly ignoring these terms of reference set out by the Minister for the committee will split a community that has been so cohesive into two areas. The community will be represented by four councillors on one side and six councillors on the other side of the boundary. That makes for ten councillors in total, with different area representation for council officials and so on. The contention has been made that this was for cynical electoral reasons for the Green Party. I do not put forward that argument, but I do feel that this will be very divisive for the community in Sandymount. Terenure was divided into three areas, namely, Rathmines, Terenure-Rathfarnham and Tallaght Central. If the Minister read the submissions and looked at what the residents’ associ- ations were saying, he would know that this has been a very divisive experience for the Teren- ure area. I plead with him not to make the same mistake in the Sandymount area. The people who live there are the people who elected him. He would not be a Deputy, let alone a Minister, if it were not for the people of Sandymount. They have demonstrated on the streets about this and they have shown how badly this will affect them.

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): At the outset, it might be helpful if I set out the background to this matter for the House.

312 Boundary 29 October 2008. Commission

A review of local electoral areas was necessary prior to the 2009 local elections on account of population changes since the last review in 1998. Accordingly, on 8 January 2008, I announced that I had established two committees to review local electoral areas and I detailed the terms of reference. The committees are independent from the Minister. They do their work based on submissions received and based on their own analysis, and they make their indepen- dent recommendations accordingly. One committee was required to report on Dublin, Cork, Galway, Limerick and City Councils, and on Du´ n Laoghaire-Rathdown, Fingal and South Dublin County Councils. The other committee was required to report on the electoral areas in counties outside of Dublin, on the borough councils of Drogheda and Sligo and on the town councils of Bray and Dundalk. The committees were required to report as soon as possible, and not later than 20 June 2008.

Deputy Lucinda Creighton: The Minister should deal with Sandymount. This is claptrap.

An Leas-Cheann Comhairle: Please allow the Minister to continue.

Deputy John Gormley: Under the Local Government Act 1991, the Minister is required to publish a report furnished to him by a boundary committee. I received both reports on 16 June and published them the following day. A copy of each report was laid before each House and a copy was sent to each Member of the Oireachtas. In carrying out their work the committees undertook public consultation, which involved inviting submissions by way of notices in national and local newspapers, a dedicated website, and writing to Members of the Da´il and Seanad, as well as members of local authorities and the local authority associations. Sub- missions received by the committees, as well as their reports, can be viewed at: www.electoralareacommittees.ie. Should the Deputy review the submissions made, she will note that my own party made a submission which proposed that Sandymount be kept within a single electoral area.

Deputy Lucinda Creighton: That is like Fianna Fa´il — the Minister is speaking out of both sides of his mouth.

Deputy John Gormley: In fact, it was a member of the Labour Party who made the only submission which suggested that Sandymount should be split. When publishing the reports on 17 June 2008, I announced that, consistent with long-established practice in respect of constitu- ency formation at European, national and local levels in Ireland, I was accepting the recom- mendations contained in them. It is my view that to review or seek to amend the recom- mendations of the committees at this stage, or to seek to second guess their approach to their terms of reference, would undermine the independent and apolitical nature of the process. There is strong cross-party consensus on the need for an independent, non-partisan approach to constituency revision in Ireland.

Deputy Lucinda Creighton: If the terms of reference are observed.

An Leas-Cheann Comhairle: The Minister, without interruption.

Deputy John Gormley: Recently, the Deputy and her party readily agreed in this House to the recommendations of the constituency commission on Da´il and European constituencies, as set out in the Electoral (Amendment) Bill 2008. Is she now proposing that we abandon this 313 Water 29 October 2008. Quality

[Deputy John Gormley.] approach to constituency formation in Ireland and set off on the road back to a time when electoral boundaries appeared to be set according to party advantage?

Deputy Lucinda Creighton: That is the allegation to which the Minister now lies open. It only suits the Green Party, not the people of Sandymount.

Deputy John Gormley: On this side of the House, we are not prepared to do that. I will therefore be making the necessary orders to give effect to the recommendations in the reports as soon as possible. The local electoral areas established by these orders will apply at the 2009 local elections. Deputy Creighton was relatively measured this evening in her response, but I have seen some of the literature put out by her party. I am disappointed to see that her party has been playing politics with this issue. It was the height of political irresponsibility to organise a public meeting to stir up fears about the boundary change.

Deputy Lucinda Creighton: It is called democracy, which the Minister has clearly forgotten since he got into bed with Fianna Fa´il. Why did the Minister not come to the meeting?

An Leas-Cheann Comhairle: Allow the Minister to conclude.

Deputy John Gormley: Some of the comments made at that meeting were libellous. I do not recall any Minister in this House ever rejecting an independent boundary report.

Deputy Lucinda Creighton: No Minister has been made a fool of, as he has.

Deputy John Gormley: Either Fine Gael believes in independent boundary reviews, or it does not.

Deputy Lucinda Creighton: The Minister has no authority. He is redundant.

Water Quality. Deputy Tom Hayes: I thank the Ceann Comhairle for selecting this item, which is of major importance to the people I represent in South Tipperary. I am pleased the Minister for the Environment, Heritage and Local Government is taking this Adjournment matter. We have been seeking a hearing from the Department, so I am glad of this opportunity to raise the basic issue of a clean water supply for 80,000 people in households in South Tipperary. In a high tax paying economy such as ours, people have a right to clear water supplies. Several proposals have been put to the Minister’s Department concerning various projects around the county. I will start with the countywide conservation scheme of old pipes. People in my constituency have had to endure leaking pipes for a number of years. Invariably, year after year, the situation deteriorates. Week in and week out, my telephone and the telephones of other public representatives are ringing because the water supply has broken down. In places such as Mullinahone the supply has broken down several times a week, so people cannot access tap water. When they turn on their taps there is no water, which is a deplorable situation. The old water pipes need to be replaced. An application has been made by the county council to the Department, but the council is still awaiting a response. I understand the cost of water projects for the whole county is in the region of \10 million, but water is flowing freely through- out the county underground from leaking pipes. That is not good enough when people cannot access clean water. The Minister should examine this problem as a matter of urgency. 314 Water 29 October 2008. Quality

I also wish to raise the large water schemes which are before the Department. At the local elections before last, Fianna Fa´il candidates announced that Burncoat and Skehareenka would get a new water supply scheme, but that has still not been delivered. It has been amalgamated with another scheme that is now called the Fethard and Burncoat supply scheme, but those people are still waiting for that scheme to start. We are told by officials of South Tipperary County Council that they are still waiting for a response from the Department. How can people operate in such an environment, waiting for officials to tell them when the scheme can start? People in Burncoat, Skehareenka and Fethard have been waiting over nine years for such a scheme. I would like to have a response from the Minister on that issue. The Galtee regional water scheme is under major pressure, given the amount of new houses in the various villages that have been built in west Tipperary. People relying on old schemes cannot get tap water due to new housing schemes that have been built in recent years. People in older houses cannot get water due to the pressure caused by new housing. Why is that happening in this day and age? It is deplorable and unacceptable. I am glad the Minister is here to listen to what I have to say, at first hand, about how the people of South Tipperary are being affected. The Ardfinnan scheme is also awaiting sanction. The Minister has been quoted as saying he wants to cut through bureaucracy, but the red tape involved in the applications before his Department is deplorable. He should cut through that red tape so that next summer those involved will have a decent water supply.

Deputy John Gormley: I thank the Deputy for raising this issue. A significant range of water services projects are being progressed in South Tipperary at present, with the support of unprecedented Exchequer funding from my Department. I am pleased that a record provision of \560 million, an increase of 19% over 2008, will be available for water services in 2009. This is the clearest possible statement by the Government of the priority being given to ensuring that water quality and water supplies are of the highest standard throughout the country. In the case of South Tipperary County Council, my Department’s water services investment programme 2007-09 allows for the investment of \95 million in water and sewerage schemes in the county over the next few years. In addition, I have allocated \1.038 million to the council in the current year under the rural water programme, mainly to improve group water scheme supplies. Proposals for water supply infrastructure upgrades are being advanced by South Tipperary County Council for a number of locations around the county. These include the Fethard and Burncoat water supply scheme, the Clonmel town and rural water supply scheme, and the Ardfinnan, Galtee and the Dundrum regional water supply schemes. Funding for these projects has been allocated under the investment programme and my Department is committed to responding to the council’s proposals as quickly as possible. In its most recent drinking water report earlier this year, the Environmental Protection Agency identified seven public water supply schemes in South Tipperary that required detailed profiling from catchment to consumer, to determine whether the supplies needed to be replaced or upgraded, or where operational practices needed to be improved. I have already approved special funding for short-term upgrades the council has put forward for five of those part- icular schemes. Alongside the extra funding and new infrastructure, I have put in place a new and more rigorous supervisory framework to ensure that good quality drinking water is available and 315 The 29 October 2008. Adjournment

[Deputy John Gormley.] that problems are dealt with quickly and effectively where they arise. Local authority drinking water supplies are now subject to direct supervision by the EPA. All breaches of standards must be reported to the EPA, which will also oversee the local authority’s response. In addition to new enforcement powers, I have also given the agency the necessary financial and personnel resources to allow it to discharge its responsibilities vigorously. I am committed to ensuring that good drinking water quality is at the top of each local authority’s priority list. To back this up, I am providing local authorities with funding to upgrade their water supply infrastructure. I have also put in place a fully resourced supervisory framework to ensure that this infrastructure consistently yields the best possible results for the consumer.

The Da´il adjourned at 9.10 p.m. until 10.30 a.m. on Thursday, 30 October 2008.

316 Questions— 29 October 2008. Written Answers

Written Answers.

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

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Questions Nos. 18 to 104, inclusive, resubmitted.

Questions Nos. 105 to 114, inclusive, answered orally.

Electricity Transmission Network. 115. Deputy Dinny McGinley asked the Minister for Communications, Energy and Natural Resources the progress made regarding the east-west interconnector project; and if he will make a statement on the matter. [37217/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The East-West Interconnector is a 500 MegaWatt High Voltage Direct Current (HVDC) intercon- nector, which will link the electricity grids of Ireland and Britain. This project is of vital strategic importance to Ireland and its delivery to schedule by 2012 is a key Government priority. The East West Interconnector will significantly enhance security of supply and will facilitate increased competition in the single electricity market. It will also underpin Ireland’s progressive integration with the UK and European electricity market. EirGrid, the State Company responsible for Transmission, has been entrusted with the development and ownership of this interconnector by the Government. Working closely with the Commission for Energy Regulation (CER) and with my Department, EirGrid is progressing the project to schedule. The Electricity Regulation (Amendment) (EirGrid) Act 2008 provides the necessary legal basis for EirGrid to construct, own and operate an interconnector. I am advised that EirGrid expects the contract for design and construction of the interconnector to be completed in the coming months, when the successful bidder will be announced. EirGrid has secured Woodland in County Meath as the connection point for the interconnector on the Irish transmission system and Deeside in Wales on the UK side. EirGrid has undertaken a marine survey to determine the most suitable route for the undersea cable. Work is also pro- gressing on the various applications for authorisations and permissions required along the entire route of the interconnector. Late 2011 is the target for the completion of works and 2012 is the target for the completion of commissioning and testing and the start of commercial operations. The project remains on track to meet these target completion dates, subject to the outcome of the planning processes. 317 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] Financing options for this project are being finalised by EirGrid with the objective of achieving the most cost-effective and efficient financial package. The interconnector will, as a national strategic asset, remain in public ownership and will be owned and operated by EirGrid.

Energy Prices. 116. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources his views on amending legislation in order to establish a public hearings system in advance in an application by energy companies for a price increase to allow the vulnerable in society and their representatives to have their opinions heard; and if he will make a statement on the matter. [37218/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulation of ESB electricity tariffs and BGE´ gas tariffs is the statutory responsibility of the Commission for Energy Regulation (CER). I have no function in setting or regulating energy prices. In a departure from the normal annual cycle, the CER took early action this year to cushion energy consumers from the unprecedented volatility in international market prices for gas, coal and oil. CER announced a phased approach to price increases with the first phase interim increase to take effect from 1 August in respect of electricity and 1 September 2008 in respect of gas. The CER also announced at the time that it would be undertaking a second phase price review in the autumn. Phase two of the Commission’s price review of ESB and Bord Ga´is Energy Supply tariffs is under way and applications made to the CER by ESB and BGE´ will be published next week on the CER website. While oil prices have fallen considerably in recent months, global gas prices have not fallen to the same degree and are still higher than this time last year. Over 50% of electricity is currently generated from natural gas. Legislative change is not needed to enable the CER to hold public fora on energy prices. It has been standard practice for the CER, prior to making final decisions on tariffs, to seek public comment on proposed tariff decisions. On this occasion the CER has decided as part of the public consultation process to hold a public forum on 10 November with ESB and BGE´ , which all stakeholders and interest groups will be encouraged to attend. I very much welcome this initiative by CER as providing an important opportunity for con- sumers and interested groups to debate in public with CER, ESB and BGE´ on the complex issues around energy prices. CER have made it clear that all parties with a stake in energy matters are welcome to the public forum. These include the National Consumer Agency and those representing vulnerable and elderly consumers. Stakeholders will also be invited to make written submissions directly to the CER to inform the Commission in making its second phase decision on prices. The CER also has a statutory role in protecting vulnerable customers in the energy markets. Under the European Communities (Internal Market in Electricity) Regulations 2005 the CER is tasked with ensuring that there are adequate safeguards to protect vulnerable customers. The CER has set out guidelines for the protection of household electricity and natural gas customers, particularly the elderly, customers relying on life support equipment and those with disabilities. The CER also regularly meets with customer representative groups to discuss their concerns. The Government is fully committed to protecting the most vulnerable members of society from the impact of rising energy costs through a combination of social welfare supports and investment in structural improvements to enhance the energy efficiency of the housing stock. 318 Questions— 29 October 2008. Written Answers

I am working with the Minister for Social and Family Affairs to deliver a fully cohesive strategic approach in this regard across Government and Agencies.

Telecommunications Services. 117. Deputy Damien English asked the Minister for Communications, Energy and Natural Resources the way he will use Government purchasing power to stimulate demand, create economies of scale and develop better public services in the context of broadband provision; and if he will make a statement on the matter. [37193/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In July 2008, following Government approval, I launched a consultation paper on Next Generation Broadband. One of the proposed policy actions concerns demand stimulation. The advance- ment and development of eGovernment applications stimulates demand for broadband. In that way it can stimulate broadband investment on a regional basis given the regional reach of Government services. Primary responsibility for eGovernment rests with the Minister for Fin- ance. The Minister for Finance also has a role in public procurement and in devising framework agreements with telecoms companies for the provision of telecommunications services to Government Departments and agencies. I will be liaising closely with the Minister for Finance in this general area as I am anxious to see a proactive approach to utilising eGovernment to stimulate demand for broadband. All broadband requirements of Government bodies are procured through open procurement competitions. Over the past 4 years, the Government has implemented a dual carrier policy for the provision of high-quality broadband to the larger offices of public bodies in all parts of the country. Connectivity of 10Mbps or greater for each connection is specified. It works as follows: A procurement exercise is run to select a carrier. Once the initial carrier is chosen, a second procurement exercise is run seeking a second connection over an entirely different infrastructure. This has a number of outcomes. Firstly, the public body achieves connection resilience and is not dependent on a single carrier. Secondly, it ensures that no single carrier has a monopoly on Government business in any area. Thirdly, many parts of the country have traditionally been served by one carrier. This approach provides alternative carriers with a business opportunity to invest in new areas. Fourthly, any carrier serving a local connection to a public body must also provide backhaul to that area. Accordingly, this approach brings backhaul competition to new areas. This increased backhaul can be used by multiple carriers, of any size, to serve any kind of customer in that area at affordable price levels. As a result, wireless operators have availed of this greater backhaul provision and competition across the country to provide broadband connectivity and services to domestic and SME customers.

Ministerial Engagements. 118. Deputy Pat Rabbitte asked the Minister for Communications, Energy and Natural Resources the number of occasions he attended the Joint Committee on Climate Change and Energy Strategy; the amount of times it has met in 2008; and if he will make a statement on the matter. [37127/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I assume the Deputy is referring to the Joint Committee on Climate Change and Energy Security. I attended once on the 19th of December 2007 at the invitation of the Committee. I am informed by the Clerk of the Committee that it has met 15 times in 2008 and I am happy to attend again at any time at the invitation of the Committee. 319 Questions— 29 October 2008. Written Answers

Energy Conservation. 119. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources the reason smart metering has been launched as a pilot project in certain selected areas instead of making it available on a nationwide basis to those who want it; and if he will make a statement on the matter. [37201/08]

166. Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources the progress made in the trial phase scheme for smart electronic metres; the number of meters involved; when they will be fitted; the take-up of the trial scheme; the number of houses it will cover; when it will be completed; the cost of this scheme; the capabilities of the smart meters to be used; and if he will make a statement on the matter. [37119/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 119 and 166 together. The roll out of a national smart meter programme is progressing in line with the commitment in the Government’s Energy Policy Framework and in the Programme for Government. The Smart Meter programme is a central component of our strategy to significantly enhance man- agement of energy demand and to achieve greater energy efficiency through the use of cutting- edge technology. The pilot phase, the electricity element of which is being led by ESB, is essential to inform the launch of a national scheme. This is a highly complex technological project and trials are critically required to ensure that we have the right technology and systems for the full roll out. The pilot phase encompasses a technology trial which will test a number of advanced meter- ing systems and their associated IT and communications infrastructure and a customer behav- iour trial, which will determine the potential of smart meters to achieve measurable change in consumer behaviour. Participants for the customer behaviour trial are being selected to ensure that the sample is representative of Ireland’s electricity consumers both in terms of usage profiles and geographical spread. The incorporation of gas customers into the pilot phase is being progressed. The pilot phase was launched on 15 September last. The response to the first round of invitations to participate has been positive with 30% of customers contacted express- ing an interest in participating. The number of participants needed for the customer behaviour trial is 6,000. The technology trial will look at meter functionality and supporting information and communications systems. There are many challenges involved in developing a metering system for Ireland that will facilitate the dispersed nature of our population and by extension the electricity network. This trial will involve the installation of 15,000 meters. Installation of meters for the pilot phase is under way and is expected to be completed by mid next year. The functionality of the meters to be tested in this pilot phase includes half hourly meter reads instead of the current bi-monthly reads. This will enable a move to billing on the basis of time of use, which is far more cost effective. Advanced meters can be read remotely which does away with estimated bills. This will result in reduced costs for suppliers and improved service for consumers. Testing the capability of advanced meters to distinguish between the import and export of electricity will also form a key part of this pilot. This will facilitate the development of microgeneration where consumers generate their own electricity and sell sur- plus electricity back to the system. The pilot phase overall will last eighteen months in total. This will facilitate the introduction of smart metering initiatives and resulting electricity consumption behavioural changes measured. It is important to have a trial lasting a full year so that seasonal changes in usage are captured for peak demand management purposes. The results of the pilot will inform the 320 Questions— 29 October 2008. Written Answers timing of a national roll out. The costs of the pilot to end 2008 will be approximately \6m in total. As part of the preparation for the ‘go live’ of the pilot, the Commission for Energy Regulation (CER) is currently considering submissions from the ESB on the budget for the entire pilot phase.

Energy Resources. 120. Deputy Pa´draic McCormack asked the Minister for Communications, Energy and Natural Resources the rationale for increasing the percentage of energy generated from renew- able sources from 33% to 40%; and if he will make a statement on the matter. [37212/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government has announced that the target of 33% renewable energy in electricity by 2020 has been increased to 40%. The increased target sends a clear signal to all players of the Govern- ment’s commitment to accelerated delivery of renewable energy projects thus enhancing fuel diversity and reducing emissions. The All-Island Grid Study, which was published earlier this year and was commissioned jointly by my Department and the Department of Enterprise, Trade and Investment (Northern Ireland), provides a strong rationale for the new 40% target. It is recognised internationally as a ground-breaking study of its type, which examines a range of generation portfolios for Ireland, the ability of our power system to handle various amounts of electricity from renewable sources, the investment levels required and the climate change, and security of supply benefits that would accrue. The study concluded that it is technically feasible to generate in the region of 42% of our electricity from renewable energy sources across the island without a major additional cost to the economy. The new 40% target for Ireland is consistent with this conclusion. EirGrid has recently launched its Grid Development Strategy to 2025 which sets out overall plans for investment of \4 billion in the transmission system over the period. This essential strategic investment will underpin economic and regional development and will critically enable delivery of the Government’s renewable energy target. The announcement of the 40% target delivers certainty to EirGrid, the Commission for Energy Regulation and all players in relation to the imperative of delivering the necessary grid infrastructure, connections and authorisations to ensure the progressive penetration of renewable energy onto the system. It also sends a strong signal to the renewable energy sector itself as well as to investors and suppliers. The new target is also fully justified on security of supply and price grounds. Ireland is far too dependent on price volatile imported fossil based fuels for electricity generation. Renewables, especially wind, can provide an indigenous source of electricity generation. They can also ensure a greater degree of price stability as opposed to fossil based fuels.

Question No. 121 answered with Question No. 110.

Telecommunications Services. 122. Deputy Ciara´n Lynch asked the Minister for Communications, Energy and Natural Resources the costs and timeframe of the MANs project; and if he will make a statement on the matter. [37136/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Phase 1 of the Metropolitan Area Networks (MANs) programme completed delivery of open access, high-speed broadband networks to 27 towns and cities throughout the country. The MANs were constructed in partnership with the local and regional authorities and were co-financed 321 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] from the European Regional Development Fund. Construction of Phase 1 MANs commenced in 2002 and all 27 MANs were completed by 2005. They were successfully handed over to E|Net, whose role is to maintain, market and operate the MANs on behalf of the State. The cost of the Phase 1 MANs programme was approximately \85 million. Construction of Phase 2 of the MANs Programme commenced in 2005 and 64 towns are now complete with construction under way in two further towns. The estimated cost of the MANs for the 66 Phase 2 towns is approximately \90 million. Projects in a further 28 towns originally selected under Phase 2 have been suspended. A Value for Money and Policy Review of Phase I of the MANs Programme, which was published in July 2008 pointed to issues which warranted consideration in the context of future investment in MANs. Any future investment in new MANs will take account of the recommendations of the Value for Money and Policy Review and availability of resources.

Energy Prices. 123. Deputy Joan Burton asked the Minister for Communications, Energy and Natural Resources the steps he will take to address a warning from a group (details supplied) of the need to take action in view of fears that pensioners will face a choice between food and fuel in winter 2008/09; and if he will make a statement on the matter. [37145/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I share the Deputy’s concerns about the impact of rising energy costs on pensioners and vulnerable members of society. I am working closely with the Minister for Social and Family Affairs on energy affordability issues in line with our respective responsibilities. We have established an Inter-Departmental/Agency Group on Energy Affordability, to coordinate and oversee actions, under way and planned in relation to energy affordability. This intensive level of coordination among the relevant Departments, agencies and the utilities is crucial to ensuring the effective delivery of a comprehensive approach to tackling energy affordability. As we steadily increase the resources being directed by all concerned, to overcome the challenges, the oversight and coordinating role of the Inter-Departmental/Agency Group is ensuring cohesiveness and com- plementarity. One of the fundamental causes of vulnerable members of society being unable to afford to heat their home to a comfortable level is the legacy of older housing with poor energy efficiency standards. I have already increased the allocation for 2008 to the Low Income Housing Prog- ramme administered by Sustainable Energy Ireland (SEI) to \5 million. The Programme’s primary focus is the Warmer Homes Scheme which provides energy efficiency equipment including insulation and energy efficiency advice at little or no cost to eligible households. The increased allocation is enabling SEI to fund insulation upgrades for an additional 2,000 vulner- able homes in 2008 bringing the total to 5,000 homes this year. Budget 2009 provides for an allocation of \5 million for the Warmer Homes Scheme next year which will be complemented by additional funds from ESB and BGE´ . This will substantially increase the number of poorer homes that will benefit from improved energy efficiency in 2009. Government policy has focused in recent years on increasing primary social welfare rates to ensure that people on social welfare can meet their basic living costs, including heating costs throughout the year. Since December 2001, overall inflation has increased by 28% while energy product prices have increased by 74%. Over the same period increases in social welfare pay- ments have been between 71% and 88%. These payments are intended to cover general basic living costs, including some heating costs. In addition, the fuel allowance is paid to almost 322 Questions— 29 October 2008. Written Answers

300,000 people, while 357,000 receive electricity or gas allowances, at a combined cost of approximately \340 million this year. Significant enhancements have been made to both schemes in recent years;

• The value of the fuel allowance has been doubled since 2005 to \18 per week or \21.90 for recipients living in designated smokeless areas;

• The number of weeks for which the fuel allowance is paid has been extended to 30; and

• In January 2007 the number of units covered by the electricity allowance was increased from 1,800 to 2,400.

In August 2008 the value of the electricity and gas allowances under the household benefits package increased to \540 per annum and are payable throughout the year to over 357,000 pensioners, people with disabilities, and carer households towards their heating, light and cook- ing costs at an estimated overall scheme cost of \170m in 2008. Budget 2009 has increased the fuel allowance by a further \2 per week and extended the season by 2 weeks to 32 weeks. A number of groups, including Age Action had called for an increase in the Fuel Allowance. These enhancements will bring the annual cost of the scheme to \205m. The Budget also provided for further increases in basic social welfare payments next year. The supplementary welfare allowance scheme can also be used to assist people, in certain circumstances, with specific heating needs due to infirmity or a particular medical condition.

Natural Gas Grid. 124. Deputy Pat Rabbitte asked the Minister for Communications, Energy and Natural Resources his views on the possibility that further delays in the Corrib gas project will cause gas shortages in the winter of 2009; and if he will make a statement on the matter. [37128/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Cur- rently, over 90% of Ireland’s natural gas needs is met by imports from the British wholesale gas market via the two interconnectors. The remainder comes from storage and the Kinsale field which is in decline. The arrival of gas from the Corrib gas field will alleviate Ireland’s dependence on imports for its period of production. The field is expected to supply 60% of annual demand, and 40% of peak demand, for around 6 years before it begins to decline. Up to the start of production from Corrib as well as during and after that time the capacity to import gas from the British market through our two interconnectors will remain. The Commission for Energy Regulation (CER) has statutory responsibility for monitoring and ensuring security of natural gas supply. The CER is also required to produce an annual Gas Capacity Statement. This Statement provides a seven year rolling forecast of customer demand, network capacity and gas flows, in light of which the adequacy of Ireland’s gas trans- mission system is analysed. The most recent Statement was published at the end of July this year. The Statement assesses a range of possible scenarios regarding differing supply and demand levels. One such scenario is that of a delay to gas coming ashore from the Corrib field beyond 2009/10. The potential effects of a delay to the Corrib project have been recognised and have been under consideration by the CER for some time. Indeed, Gas Capacity Statements in recent years have raised the possibility that further investment in the interconnection system which links us to Scotland may be necessitated should Corrib be delayed. On foot of its latest analysis of the situation, the CER will continue to monitor developments regarding the timing of flows from Corrib, but at this stage does not consider that further investment in the onshore Scottish system is required. 323 Questions— 29 October 2008. Written Answers

Telecommunications Services. 125. Deputy Catherine Byrne asked the Minister for Communications, Energy and Natural Resources when he will instruct the regulator to open access to ducting, capable of carrying fibre optic cable, in public and private ownership; and if he will make a statement on the matter. [37169/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulation of the telecommunications industry is the responsibility of the Commission for Communications Regulation, ComReg, which regulates the industry in accordance with an EU regulatory framework for electronic communications networks and services. In regard to open- ing access to public sector ducting, this will be advanced by my proposal for a one stop shop, which my officials are currently working on with the relevant State agencies. The Deputy may be aware that there are currently discussions taking place at EU level regarding the powers of national regulators in relation to duct access. Ireland has strongly supported this initiative to strengthen the regulators powers.

126. Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources if he will confirm his assurance that Ireland will have universal access to broadband in 2009; and if he will make a statement on the matter. [37175/08]

153. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources, further to Parliamentary Question No. 110 of 23 April 2008, the progress made with the roll out of the national broadband scheme to provide broadband to areas in which commer- cial provision is not viable; the remaining areas of the country which remain unserved by broadband; when he expects to be able to offer all people, in particular those in rural areas, access to quality broadband; and if he will make a statement on the matter. [37245/08]

165. Deputy Ro´ isı´n Shortall asked the Minister for Communications, Energy and Natural Resources the position regarding the national broadband scheme; if the scheme will cover all areas not served by broadband suppliers here, excluding satellite providers; the areas that will not be covered by the scheme in view of the fact that the maps have been redrawn since the initial map was released which show an increase in the areas that are not being served by broadband; and if he will make a statement on the matter. [37147/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 126, 153 and 165 together. My Department has reached the evaluation stage of the National Broadband Scheme (NBS) procurement process. The evaluation of bids is scheduled for completion shortly and the con- tract is expected to be signed next month. Subject to agreement with the chosen service pro- vider, roll out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS will be met. Areas already covered by terrestrial broadband service providers will not be included in the NBS. The map showing the areas to be addressed by the NBS is available on my Department’s website: http://www.dcenr.gov.ie/Communications/Communications+Development/National+Broadband+ Scheme.htm

324 Questions— 29 October 2008. Written Answers

127. Deputy Jimmy Deenihan asked the Minister for Communications, Energy and Natural Resources his views on the way spectrum should be allocated in the context of broadband provision; and if he will make a statement on the matter. [37189/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As Minister with overall responsibility for spectrum policy, I am committed to ensuring that the spectrum resource is assigned and used effectively. This involves the efficient use of spectrum and also involves ensuring that spectrum policy is sufficiently flexible to accommodate techno- logical development and supports, and promotes innovation, research and development in new spectrum based technologies. Among the key enablers for meeting future wireless broadband demand will be a flexible and innovative spectrum policy, incorporating developing concepts such as open access to spectrum resources. One of my tasks in developing a radio spectrum policy to meet emerging needs is to make sure that the radio spectrum serves not only economic interests but also a range of public interests. In addition to these public interests, the radio spectrum supports development and innovation in the Information Technology sector. I have recently launched two documents for public consultation — a Report of a Working Group on Spectrum Policy and a Paper on Next Generation Broadband. Both of these documents recognise the importance of spectrum for the development and provision of wireless broadband services. Responses to these consultation documents will inform the development of policy in these areas. The switchover from analogue to digital television is expected to free up spectrum for other uses — the “digital dividend”. My consideration of the potential uses of spectrum after the switchover will include examining the feasibility of making additional spectrum available to support the deployment of high speed broadband networks in rural areas.

Question No. 128 answered with Question No. 110.

129. Deputy Ro´ isı´n Shortall asked the Minister for Communications, Energy and Natural Resources the number of people and the amount of resources that are allocated to working full-time on the national broadband scheme; the duties of same; and if he will make a statement on the matter. [37148/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The procurement process for the NBS is being led by an Assistant Secretary and a Principal Officer and staffed by 3 full time personnel at Assistant Principal, Higher Executive Officer and Cleri- cal Officer levels. ComReg, who are assisting with the development of the Scheme, also provide a full-time resource to the NBS Working Group. The person is providing project management and technical expertise. The NBS personnel are being supported by consultants Analysys Mason who provide technical, economic and commercial advice. McCann Fitzgerald are the legal advisors on the scheme. One other full time consultant is supporting the scheme in a technical and administrative capacity.

Knowledge Society Strategy. 130. Deputy Olwyn Enright asked the Minister for Communications, Energy and Natural Resources the status of the new e-Government project that was due to be launched in July 2008 following agreement with Opposition parties after an agreed Private Members’ motion; the reason such a delay has occurred; and if he will make a statement on the matter. [37194/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The motion referred to by the Deputy was taken on 30 April last. At that time responsibility for 325 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] the Knowledge Society and eGovernment was with the Department of the Taoiseach. In May, upon his appointment, the Taoiseach announced that he was assigning responsibility for eGov- ernment to the Department of Finance and for the Knowledge Society to my Department. In developing a Knowledge Society Strategy I decided to adopt a new approach involving a whole-of-Government effort across a number of sectors. My Department is in the process of developing a new Knowledge Society Strategy and details of the approach and scope of the initiative are currently under discussion with relevant Government Departments. I intend to have a comprehensive stakeholder consultation on the approach. The aim is to define a set of economic and social actions, which will make a significant impact on accelerating Ireland as a Knowledge Economy.

Energy Prices. 131. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources his views on the response from UK Prime Minister Mr. Gordon Brown in relation to the reluctance of fuel companies to reduce their prices in accordance with falling oil and gas prices worldwide; the response he will take in relation to fuel prices here; and if he will make a statement on the matter. [37133/08]

168. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the action he has taken or proposes to take nationally or in conjunction with his EU colleagues to ensure that the recent fall in oil prices in the world markets is passed on to the consumer here having particular regard to the expected negative impact, socially and economically, arising from ongoing and unnecessary gas and electricity price rises to the con- sumer; and if he will make a statement on the matter. [37243/08]

409. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the action he has taken unilaterally or in conjunction with his EU colleagues to prevent unregulated speculation in the oil industry which has resulted in inflated energy prices, nationally and internationally in the past 12 months; and if he will make a statement on the matter. [37575/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 131, 168 and 409 together. The Irish oil industry is fully privatised, liberalised and deregulated and there is no price control on petroleum products in Ireland. There is free entry to the market. Prices at the pump reflect global market price, transportation costs, Euro/Dollar fluctuations and other operating costs. Price differences are an ongoing feature of the market economy and it is a matter for retailers to explain price differences where they occur. The retail price of all carbon fuels, including oil products, increased significantly in the first half of this year, but in recent months prices have been falling. I am advised that the prices that Irish retailers charge for oil products relate to the refinery price rather than to the price of crude oil. The refinery price for oil products varies with demand and does not always move in line with crude oil prices. There is a time lag between movements in crude prices and refined prices. The dollar-euro exchange rate is also a significant factor as oil is traded internationally in dollars. The National Consumer Agency has specific responsibilities for protecting the rights of con- sumers. Under the Retail Price (Diesel and Petrol) Display Order, 1997, petrol stations are required to display their prices in a clear and prominent manner so that consumers can make 326 Questions— 29 October 2008. Written Answers an informed choice. The National Consumer Agency has responsibility for enforcing this Order. In addition, the Competition Authority is a statutory independent body with a specific role in the enforcement of competition law. Its function is to ensure that competition works optimally for the benefit of consumers throughout the country. Responsibility for the National Consumer Agency and the Competition Authority lies with my colleague, the Ta´naiste and Minister for Enterprise, Trade and Employment. The regulation of ESB electricity tariffs and BGE´ gas tariffs is the statutory responsibility of the Commission for Energy Regulation (CER) under the Electricity Regulation Act. I under- stand that the Commission has commenced phase two of its tariff review of ESB and Bord Ga´is Energy Supply. Any variation that may be applied to electricity and gas tariffs from 1 January 2009 is a matter for the Commission. The upward global trend in energy prices generally reinforces the imperative for Ireland to reduce its dependency on fossil fuels and to use energy wisely and efficiently. The Government is committed to accelerated delivery of our targets for renewable energy, which in the area of electricity has recently been increased to 40% by 2020, and energy efficiency which are essential to ensure a sustainable energy future for the economy and consumers. My Department is working with other key Government Departments on initiatives to accelerate the deployment of renewable energy in electricity, transport and heating, and to implement major energy efficiency and demand management programmes for both domestic and business consumers. The continued global volatility in energy prices is a cause for concern among EU Member States and I am working with my EU colleagues on strategies to enhance security of supply sustainability and competitiveness. These include the acceleration of renewable energy and energy efficiency measures, ongoing investment in energy infrastructure, increasing the trans- parency of oil and gas markets and enhanced dialogue with oil and gas producing countries.

Telecommunications Services. 132. Deputy Bernard Allen asked the Minister for Communications, Energy and Natural Resources his plans for 2009, in the context of the 25% cut in the information and communi- cations technology programme, outside of the national broadband scheme, to invest in promot- ing next generation broadband networks; and if he will make a statement on the matter. [37155/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I would stress that the primary source of investment in Next Generation Broadband Networks is the private sector. Exchequer funded investment is in targeted interventions where the private sector is unlikely to invest. The total 2009 estimate for expenditure on Information and Communications Technology Programme is \40.4m. The main projects for investment under this Programme include the National Broadband Scheme (NBS), completion of Phase II of the MANs programme, international connectivity in partnership with the Department of Enterprise, Trade and Industry in Northern Ireland (Project Kelvin) and 100mbps broadband to post primary schools. Other decisions on investment in electronic communications infrastructure will be guided by the Value for Money Policy Review (VFMPR) on Phase I of the MANs programme, the final policy paper on Next Generation Broadband and any other analyses as appropriate.

133. Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources when he expects to publish a report on the recommendations of the international broadband advisory forum; and if he will make a statement on the matter. [37162/08] 327 Questions— 29 October 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The International Advisory Forum met on the 26th and 27th February to advise me on the optimum role for Government in the development of Next Generation Broadband in Ireland. The members of the forum brought a diverse range of knowledge and experience from around the world and critiqued a draft policy paper on Next Generation Broadband (NGB), which was prepared by my Department. The insight and views of the Advisory Forum were considered in the policy paper on NGB that was published in July 2008 for public consultation. A one day Forum on the draft policy paper was held on the 30th September. This brought together representatives from the Telecoms and Broadcasting industries, policy makers and broadband users to discuss options on the optimal role of Government in the development of NGB in Ireland. In addition, an on-line consultation process was conducted. The consultation period has now ended for receipt of written submissions and my Department is considering these and the results from the Forum. I intend to publish a final report before the end of the year.

Electricity Generation. 134. Deputy Sea´n Barrett asked the Minister for Communications, Energy and Natural Resources if there is a pricing tariff available for a person who wants to sell energy back to the national grid as a result of microgeneration and smart metering technology; and if he will make a statement on the matter. [37159/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Facilit- ating the development of micro generations is a key priority and my Department is working with Sustainable Energy Ireland and the Commission for Energy Regulation as well as ESB Networks to address all barriers to microgenerations deployment. Developments of an export tariff for micro generation is being progressed by the CER. I am advised that the CER will shortly be conducting a consultation on the matter following receipt of a proposal from ESB. In parallel with this process, the facilitation of micro generation will be a key element of the technology trial to be carried out as part of the pilot phase of the national smart metering plan.

Research Funding. 135. Deputy Brian Hayes asked the Minister for Communications, Energy and Natural Resources his views on whether the cut in energy research funding in budget 2009 is a retro- grade step in advancing Ireland’s economic competitiveness and in promoting Ireland as a centre of energy research excellence; and if he will make a statement on the matter. [37203/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Energy Policy Framework and the Programme for Government underline the Government’s priority commitment to energy research development and innovation in line also with EU priorities. The Science, Technology and Innovation Strategy and the National Development Plan both reflect the vital importance of energy research and innovation to underpin the energy sector and the imperative to deliver sustainable, competitive and secure energy supplies for the economy and society. Our ambitious renewable energy and energy efficiency targets in part- icular require a significant ramping up of basic and applied energy research and innovation. I am satisfied that the resources in the 2009 Vote of my Department for energy research and development, and funding available for Science Foundation Ireland (SFI), will enable the deliv- ery on key priorities notwithstanding the difficult economic and budgetary circumstances. Building national energy research capacity and capability has been identified as an area for priority attention. The Charles Parsons Awards, launched in 2006, will see \20 million in public 328 Questions— 29 October 2008. Written Answers funding over the period 2007 to 2012 to progressively develop energy research capacity in third level institutions. I have also announced a major programme to develop ocean energy in Ireland for which funding will continue to be provided for in 2009. This programme supports research, applied research and grants for commercialisation. It includes a feed-in-tariff price offering a guaran- teed return to producers for electricity produced in due course from ocean energy. The newly established Ocean Energy Development Unit in SEI will have a central role in overseeing this Programme, operating with the support of the Marine Institute and ESB International. In March this year the Government expanded the remit of Science Foundation Ireland to include a third research pillar on sustainable energy and energy-efficient technologies as stra- tegic areas of scientific endeavour, as promised in the Programme for Government. This fol- lowed on an agreement between myself and the Minister for Enterprise, Trade and Employ- ment to combine resources and to target a world-class research capacity investment of at least \90 million by SFI over the period to 2013. SFI has been very successful in building Ireland’s research capacity in the fields of information and communications technology and biotechnol- ogy. The expanded remit of SFI to embrace sustainable energy and efficient-energy technologies is a vital step for Irish Energy Research. All frontier and basic energy research will be brought under SFI’s remit, enabling it to build a world-class research capacity in these areas and in addition provide a solid basis to address Ireland’s challenges in the sustainable energy field. Taken together, the Charles Parsons awards and the SFI third pillar comprise the foundation stone for Ireland to become a centre of energy research excellence in certain key fields of high priority to our energy needs.

Energy Conservation. 136. Deputy Michael Noonan asked the Minister for Communications, Energy and Natural Resources his views on the way the market for green technologies has matured in view of the decision to cut the budget for the greener homes scheme; the criteria his Department used to make the market analysis of green technologies in coming to this opinion; and if he will make a statement on the matter. [37227/08]

155. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the reason he approved a cutback of \15 million to the greener homes scheme in budget 2009; and if he will make a statement on the matter. [37142/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 136 and 155 together. The Greener Homes Scheme, since its launch in March 2006, has provided support for home owners investing in renewable energy heating technologies. The scheme has evolved over that period, supported by appropriate budgetary allocations year on year. Phase III continues to support the installation of a variety of technologies in existing homes. Demand trends in light of the ongoing adjustments that have been made to the scheme, in light of market developments and changes to the building regulations, will be reflected in appropriate budgetary allocations for 2009. Any support scheme such as Greener Homes must evolve over time to a point where the industry is self sufficient and this overall approach has been reflected in the adjustments made to this scheme at appropriate junctures to date. The stimulus that the scheme has given to the development and maturity of the industry, with 16,000 systems already installed, has focussed primarily on improving the supply chain for the products, services and fuels. The application of product standards and installer training and quality framework has ensured that consumers are both informed and confident in their 329 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] choices. There are currently 940 products registered under the scheme. All these products meet minimum quality and efficiency criteria which allows for informed choice on the part of the consumer whether attracting financial support or not. Quality and training is an important aspect of supporting the development of a sustainable industry. Training courses have been developed for residential heating technologies. These courses are FETAC accredited and mandatory for registration under the Greener Homes Scheme since March 2008. There are currently 1,300 installers registered under the scheme who have completed these training courses and it will continue to be a requirement for any installer wishing to register under the scheme. The Greener Homes Scheme (and the REHeat scheme for the commercial sector) was also designed to enable a reliable supply chain for wood pellet fuels. Securing a significant installed base of appliances has created a demand that has resulted in increased and more geographically diverse supply and more competitive pricing. The Building Regulations 2008, which came into force on July 1st, make the inclusion of renewable energy in new homes mandatory. Therefore, it is no longer appropriate to grant aid installation of renewable technologies in new homes with consequent impact on the budgetary requirement for the scheme. Also, the Building Regulations mandatory requirement will of itself significantly stimulate demand for renewable energy products and services. The instal- lation of renewable heating systems in existing homes, which is typically more complex and more expensive, warrants continued support in the short to medium term while the market reaches maturity. The existence in the market of 1,300 installers who have successfully com- pleted nationally accredited training will underpin this regulatory requirement.

Greenhouse Gas Emissions. 137. Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources his target as part of the objective of a 3% cut in carbon emissions per annum as per the programme for Government; the way he will meet this target; and if he will make a state- ment on the matter. [37144/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Programme for Government target refers to a 3% reduction per year on average in greenhouse gas emissions. The energy sector for which I have policy responsibility will make a leading contribution towards reducing green house gas emissions through a range of measures designed to improve energy efficiency and increase the penetration of renewable energy across the elec- tricity, heat and transport sectors. Among the significant energy efficiency initiatives introduced already this year are the exten- sion of the accelerated capital allowance scheme, which allows companies to write off for tax purposes the full capital cost of certain classes of energy efficient equipment in the year of purchase and the Pilot Home Energy Savings Scheme. The 2009 Budget indicated that the range of tax allowance qualifying energy efficient equipment is being widened to include energy efficient data server systems and on site electricity generation equipment. I am allocating significant resources of \20 million to the Home Energy Saving Scheme in 2009, an increase of \15 million on 2008, in order to provide grants of up to 30% of the cost of retro-fitting homes. This scheme will increase energy efficiency and lead to CO2 savings and complements the Warmer Homes Scheme, which provides insulation and energy advice to low income households. The Minister for the Environment, Heritage and Local Government is introducing a new scheme to examine the potential for energy savings in local authority housing stock through the retrofitting of older heating systems with new green energies. 330 Questions— 29 October 2008. Written Answers

The National Energy Efficiency Action Plan, which I intend to publish before the end of the year, will set out the Government’s comprehensive programme of action to be implemented across all sectors to deliver on our national and EU targets for energy efficiency, along with resulting reductions in green house gas emissions. The Government has recently increased the target for renewable electricity to 40% by 2020. The target is underpinned by analysis conduc- ted in the recent All Island Grid Study, which found that a 40% penetration is technically feasible, subject to upgrading our electricity grid and ensuring the development of flexible generating plant on the electricity system. The study concluded that achieving this higher level of renewable electricity would reduce our carbon emissions from electricity by 25% over the business-as-usual scenario, a saving of around 5 million tonnes. Other energy initiatives funded by my Department and designed to move us towards lower carbon emissions include the major ocean energy research and development programme and SEI’s heating sector programmes (the Greener Homes Scheme and the Reheat and Combined Heat and Power programmes).

Telecommunications Services. 138. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when it is expected that broadband access and quality here will become comparable with that available in other best practice European countries; if his attention has been drawn to the necessity to bring such service up to the highly competitive standards available elsewhere; when this will be achieved; and if he will make a statement on the matter. [37242/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of telecommunications services, including broadband, is a matter for the private sec- tor. Broadband service providers operate in a fully liberalised market, regulated, where appro- priate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. The widespread provision of broadband services continues to be a priority for the Govern- ment. In that regard my Department has undertaken initiatives to address the gaps in broad- band coverage. These included providing grant-aid under the now concluded Group Broadband Scheme and ongoing investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. Accordingly, the procurement process for a National Broadband Scheme (NBS) is nearing completion. The NBS is designed to deliver broadband to areas where the market has failed to provide services. The NBS contract is scheduled to be signed next month. Subject to agreement with the chosen service provider, roll out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS will be met. As regards broadband quality and speeds, ComReg’s latest Quarterly Report highlights that, as of March 2008, 57% of Irish households had a broadband connection. 52% of those house- holds are subscribed to higher speed packages of between 2 mbps and 10 mbps. Moreover, the consultation paper on Next Generation Broadband which was launched for public consultation earlier this year considered the optimum role for Government in facilitating the roll out of high speed broadband networks and sets out the Government’s commitments in that regard. A central commitment is that there will be universal access to broadband by 2010 and that by 2012 our broadband speeds will equal or exceed those in comparator EU regions. The consul- 331 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] tation period on the paper has now concluded and my officials are evaluating the submissions received. I will publish the final policy paper shortly.

Postal Services. 139. Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources his views on the introduction of a new post code system here; and if he will make a statement on the matter. [37238/08]

171. Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources his policy on post codes; the cost of implementation; the cost of consultancy on this issue to date; his views on whether the growth of GPS will make post codes redundant; and if he will make a statement on the matter. [37122/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 139 and 171 together. The National Postcode Project Board (NPPB) presented its recommendation in July 2006 as to the most appropriate postcode system for Ireland, the costs and benefits arising from its introduction along with a detailed implementation, promotion and maintenance plan. The board was assisted by technical and economic consultants, recruited by ComReg. The proposal of the NPPB was to proceed with an alpha-numeric postal sector postcode model and that each postcode would have a geo-coordinate at its centre and consequently would be compatible with GPS and other Global Navigation Satellite Systems. Whilst there are areas of overlap between the two systems, in my view, because of the different uses to which they can be put, satellite technologies will not make postcodes redun- dant. Indeed with the launch of the Galileo navigation system in 2011 the demand for postcodes should increase. This is because applications based on such systems become much more readily accessible to the public through the use of a postcode. The report of the board estimates that the cost of implementing, promoting and maintaining the postcode would be approximately \15 million. A proposal concerning the introduction of postcodes went to Government in May 2007 and Government decided that, prior to the introduction of postcodes, further analysis to quantify the wider economic and societal benefits should be carried out. This analysis was recently updated and it will assist me to decide on how best to take the proposal forward. In this regard I fully accept that a postcode system can convey economic and social benefits, assist future competition in the postal sector and assist delivery of certain public services. I expect to bring a further proposal to Government in relation to the introduction of postcodes.

Nuclear Power. 140. Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources his views on recent comments from the chief executive officer of ESB regarding nuclear power; if he will remove the ban on nuclear power; and if he will make a statement on the matter. [37121/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I have consistently encouraged a debate on nuclear power in Ireland and it is clear that there is a range of views and perspectives on the matter. Informed debate on nuclear energy, as indeed with all dimensions of energy policy, is fundamental to ensuring informed policy making. 332 Questions— 29 October 2008. Written Answers

The Government maintains, as have successive Governments over many years, that nuclear power is neither sustainable nor the answer to meeting Ireland’s energy needs. The use of nuclear fission for the generation of electricity in Ireland is statutorily prohibited under Section 18(6) of the Electricity Regulation Act 1999. Furthermore, Section 3 of the Planning and Development (Strategic Infrastructure) Act 2006 states that “Nothing in this Act shall be con- strued as enabling the authorisation of development consisting of an installation for the gener- ation of electricity by nuclear fission”.

Energy Prices. 141. Deputy P. J. Sheehan asked the Minister for Communications, Energy and Natural Resources his views on setting a price ceiling for energy prices instead of the regulator determining a set price; and if he will make a statement on the matter. [37223/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Statu- tory responsibility for the regulation of electricity and gas prices resides with the independent Commission for Energy Regulation (CER) under the Electricity Regulation Act as amended. I can confirm that the Act is not prescriptive in terms of the methodology to be used by CER in its regulation of charges by ESB Customer Supply and BGE Supply. The legislation does not, by definition, preclude the maximum tariff approach. The Act does require CER, in exam- ining the proposed tariffs to examine the costs underlying the proposals. The necessity for regulated energy prices to be cost reflective is therefore built in to the process. As CER itself has noted, there are a number of economic arguments for and against applying the maximum tariff, or price ceiling, approach at particular stages of market development. I am of the view that the price ceiling approach could be kept under review by CER in light of developments in other EU markets and in particular as we see more competition develop in the retail energy market with the welcome entry of new players both domestic and international. I do not, however, give directions to CER in these matters.

Departmental Expenditure. 142. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources if, in relation to the budget 2009 Estimates, he will justify the \1.2 million increase in the salaries and wages of his Department in the context of the commitment to find savings in expenditure; and if he will make a statement on the matter. [37234/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The additional salary requirements set out in my Department’s 2009 estimates reflect the once off transfer of the Information Society and inclusion functions from the Department of the Taoiseach with the consequent increase in Department of Communications, Energy and Natural Resources staff numbers and a technical once off adjustment arising from the transfer of functions to the Department of Agriculture, Fisheries and Food in 2007. The 2009 salary estimate also includes provision in respect of the 3% payroll cut required by Government.

Question No. 143 answered with Question No. 112.

Electricity Generation. 144. Deputy Jan O’Sullivan asked the Minister for Communications, Energy and Natural Resources his policy on the future of the ESB in regard to privatisation; his policy to transfer assets from the ESB to EirGrid; the findings of the independent analysis carried out on this issue; when he will publish findings from that independent analysis; and if he will make a statement on the matter. [37129/08] 333 Questions— 29 October 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There is no proposal to privatise ESB or EirGrid. It is stated Government policy that strategic elec- tricity and gas assets should be retained in State ownership in perpetuity. The decision to transfer the transmission assets to EirGrid, as the State-owned independent system operator, is fully in line with that position. Implementation of the transmission assets decision will be progressed in a way that ensures the strategic future of both EirGrid and ESB as strong viable Semi State entities, as well as reflecting the position of the State and the ESOT as shareholders. In relation to the proposed independent analysis to be undertaken on the transmission issue, I refer the Deputy to my statement of 13th March on the future of Ireland’s electricity sector. In that statement I affirmed the Government’s decision in the Energy Policy White Paper and the Programme for Government, to transfer the ownership of the electricity transmission assets from ESB to EirGrid. The unbundling of the transmission assets involves the resolution of complex technical, financial and operational issues as well as the introduction of legislation. The commissioning of independent analysis will inform that process. The independent analysis which will underpin the process of engagement with stakeholders on the transfer issues will examine the costs, benefits and a regulatory impact assessment and will be set in the context of wide-ranging challenging priorities for ESB and EirGrid and in the context also of EU developments and the all island single electricity market. I have consistently underlined the need for transparent and inclusive engagement with all relevant stakeholders in the process of implementing Government policy in relation to the electricity transmission assets. Input to the process of independent analysis will accordingly be invited from the direct key stakeholders. These are the management and unions of ESB and EirGrid, the ESB Employee Share Ownership Trust, as well as the Commission for Energy Regulation and the Department of Finance. All the direct stakeholders have key roles to play in the process of engagement and analysis and in achieving outcomes that are good for EirGrid and ESB, which are satisfactory for all parties concerned, and which are in the best interests of the economy and consumers. I look forward to getting this collective process of engagement and analysis under way follow- ing my appointment of the senior independent chair, which I intend to finalise shortly. The process will take us beyond the original target date of the end of 2008. I would intend to publish the findings from the independent analysis in due course.

Telecommunications Services. 145. Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources the broadband situation in each of the counties of Cavan, Monaghan, Leitrim and Donegal; his views on the fact that many areas, including quite significant business structures, still cannot avail of a proper service; and if he will make a statement on the matter. [36906/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Broad- band service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. The widespread provision of broadband services continues to be a priority for the Government. In that regard my Department has undertaken initiatives to address the gaps in broadband cover- age. These included providing grant-aid under the now concluded Group Broadband Scheme (GBS) and ongoing investment in Metropolitan Area Networks (MANs). Under the Group Broadband Scheme the following projects were approved in respect of the counties specified: 334 Questions— 29 October 2008. Written Answers

Cavan: Lough Gawna, Ballyjamesduff/Kilnaleck, Butlersbridge, Ballyhaise, Belturbet and Ballyconnell.

Monaghan: Carrickmacross, Donaghmoy, Lisdoonan, Iniskeen, Corcaghan and Ardaghy, Lough Egish and Tullynamalra.

Leitrim: Kiltyclogher, Ballinamore, Manorhamilton-Glenfarne, Keadue-Drumshambo area.

Donegal: Dungloe, Killybegs, Raphoe, Manor Cunningham, Rural Letterkenny, Newtowncunningham, North-Central Donegal and Ardara.

Under the MANs Programme 19 networks have been constructed in respect of the counties specified:

Cavan: Cavan Town, Kingscourt, Bailieborough, and Cootehill.

Monaghan: Monaghan town, Carrickmacross, Castleblayney and Clones.

Leitrim: Carrick-on-Shannon and Manorhamilton.

Donegal: Letterkenny, Gweedore, Ballybofey/Stranorlar, Ballyshannon, Buncrana, Bundoran, Carndonagh and Donegal Town.

There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. Accordingly, the procurement process for a National Broadband Scheme (NBS) is nearing completion. The NBS is designed to deliver broadband to areas where the market has failed to provide services. The NBS contract is scheduled to be signed next month. Subject to agreement with the chosen service provider, roll out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS, including any unserved areas in counties Cavan, Monaghan, Leitrim and Donegal, will be met.

Energy Prices. 146. Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources his plans to provide extra funding for people following the second increase in gas prices of up to 8% from January 2009; the reason for the price hike in view of the fact that gas prices are falling on world markets; his further plans to deal with this increase; and if he will make a statement on the matter. [37247/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Responsibility for the regulation of electricity and gas prices is a matter for the Commission for Energy Regulation (CER) which is an independent statutory body. I have no function in setting or regulating energy prices. I am, however, advised that the Commission has commenced phase two of its tariff review of Bord Ga´is Energy Supply. Any variation that may be applied to gas tariffs from 1 January 2009 is a matter for the CER based on the tariff setting method- ology applied by the Commission which will take account of all relevant global and market factors. I share the Deputy’s concerns about the impact of energy costs on vulnerable members of society. Government policy has focused in recent years on increasing primary social welfare rates to ensure that people on social welfare can meet their basic living costs, including heating costs throughout the year. Since December 2001, overall inflation has increased by 28% while energy product prices have increased by 74%. Over the same period increases in social welfare payments have been between 71% and 88%. Budget 2009 increased the fuel allowance by a 335 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] further \2 per week and extended the season by 2 weeks to 32 weeks. These improvements will bring the annual cost of the scheme to \205 million. The fuel allowance is paid to almost 300,000 people, while 357,000 receive electricity or gas allowances at an estimated cost of \170 million this year i.e. a total cost of \375m. Increasing the social welfare payments is one strand of Government policy that is tackling the root causes of energy affordability. Improving the thermal efficiency of the housing stock is just as important, and seeks to resolve the underlying or long-term affordability issues. I have increased the allocation for this year to the Low Income Housing Programme administered by Sustainable Energy Ireland (SEI) to \5 million. The Programme’s primary focus is the Warmer Homes Scheme which provides energy efficiency equipment including insulation and energy efficiency advice at little or no cost to eligible households. The increased allocation will enable SEI to fund insulation upgrades for an additional 2,000 homes in 2008 bringing the total to 5,000 homes this year. Budget 2009 provides for a funding of \5 million for the Warmer Homes Scheme which will be complemented by additional funds from ESB and BGE. This will substantially increase the number of homes that will receive energy efficient measures in 2009. I launched a pilot Home Energy Saving Scheme earlier this year which is grant-assisting homeowners to improve the energy efficiency of their dwellings. Budget 2009 provides \20 million for a national roll out of the scheme.

Alternative Energy Projects. 147. Deputy Sea´n Sherlock asked the Minister for Communications, Energy and Natural Resources if he has indicated to the EU that the targets on biofuels should be halted due to the ethical implications of importing biofuels from developing countries to reach these targets; and if he will make a statement on the matter. [37137/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The EU has set a target of 10% of renewable energy in transport by 2020. Biofuels will make a contribution to the achievement of this target. This contribution will be reviewed on an ongoing basis as more evidence comes to light on the effects of biofuels in the world food markets and as new technologies come on stream. We are committed to the development of an Irish biofuels industry and to the sustainable development and deployment of indigenous bioenergy resources. It is imperative, however, that biofuels in Ireland are entirely compliant with EU Sustainability Criteria which are currently being finalised in discussion at EU level. My Department has recently published a public consultation document on a proposed bio- fuels obligation. The consultation process allows all interested stakeholders to submit their views on the proposal by the closing date of 24 November 2008. Specific details of the obligation will be developed including sustainability imperatives in light of the consultation process and informed by EU developments.

Question No. 148 answered with Question No. 112.

Electricity Generation. 149. Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources his plans to meet the raised target of 40% renewable; his views on calls from EirGrid for more to be done to construct the 250MW per annum needed to reach the renewable targets; and if he will make a statement on the matter. [37140/08]

336 Questions— 29 October 2008. Written Answers

151. Deputy Sea´n Sherlock asked the Minister for Communications, Energy and Natural Resources the amount and percentage of wind power with access to the national grid; the number of applications awaiting access to the grid; and if he will make a statement on the matter. [37138/08]

157. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if he will make a statement on the development of wind energy as a source of renewable energy. [35938/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 149, 151 and 157 together. The Government has set targets to increase the contribution from renewable energy resources to electricity consumption to 15% by 2010 and 40% by 2020. There are approximately 1200 MWs of renewable energy powered capacity already connected and a further 100 MWs is expected to be connected by the end of Winter 2008. There is in excess of a further 1000 MWs already accepted into the tariff support system, REFIT, which have both planning permissions and connection offers. This will result in a high build rate capable of exceeding the 15% target of approximately 1650 MWs capacity installed and contributing significantly to the subsequent 2020 target. In excess of 900 MWs of the connected capacity is wind-powered plant which will increase beyond 1000 MWs when additional capacity is commissioned in the coming months. A further 7600 MWs of capacity is awaiting entry into the connection offer process with wind-powered technology dominant. The Commission for Energy Regulation (CER) is currently engaged in a public consultation process to progress at least 3000 MWs for offers within a ‘Gate 3’ process. Wind energy projects will continue to make the most significant contribution towards the 2020 target. EirGrid has recently launched its Grid Development Strategy to 2025 which sets out overall plans for investment of \4 billion in the transmission system over the period. This essential strategic investment will underpin economic and regional development and will criti- cally enable delivery of the Government’s renewable energy target. The announcement of the 40% target delivers certainty to EirGrid, the Commission for Energy Regulation and all players in relation to the imperative of delivering the necessary grid infrastructure, connections and authorisations to ensure the progressive penetration of renew- able energy onto the system. It also sends a strong signal to the renewable energy sector itself as well as to investors and suppliers.

Mining Operations. 150. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources his policy in relation to the closure of a mine (details supplied); and if he will make a statement on the matter. [37141/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Sea´n Power): The Galmoy mine commenced operations in 1995 and is coming to the end of its economic life. My Department is working in close co-operation with the Environmen- tal Protection Agency, the appropriate Local Authorities, and the mining company to ensure the orderly closure of the mine in accordance with statutory permits, including the State Mining Licences, and that adequate provision is made for post-closure monitoring and after-care.

Question No. 151 answered with Question No. 149.

337 Questions— 29 October 2008. Written Answers

Alternative Energy Projects. 152. Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources the timeframe for implementation of the new REFIT tariff scheme for offshore wind; when this tariff scheme for offshore wind was announced by him; if he has received EU sanction for it; and if he will make a statement on the matter. [37120/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In February of this year I announced a tariff of \140 MW hour for offshore wind energy projects within the Renewable Energy Feed In Tariff (REFIT) support scheme. This is a new category within the REFIT support scheme which would previously have been subject to EU State aids clearance. However last August the European Commission adopted a new General Block Exemption Regulation which gives automatic approval for a range of aid measures and thus allows Member States to provide such aid without prior notification to the Commission. The new Regulations includes the promotion of energy from renewable energy sources. I welcome this development which simplifies and speeds up our own actions in relation to targeted aid for the renewable sector. Details of the terms and conditions of the REFIT support structure for offshore wind will be finalised and announced in the near future.

Question No. 153 answered with Question No. 126.

154. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if he will make a statement on future strategy for the development of the wood energy market as a source of renewable energy. [35937/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Biomass energy offers undoubted potential in the context of strategies to develop indigenous energy supplies from renewable resources, thereby contributing to security of supply, lower emissions and alternative sources of income for the forestry sector as well as the agriculture and waste management sectors. It also has the potential to provide a source of low-cost energy across all sectors of the economy. A Bioenergy Working Group (BWG) was established by my Department in April this year with the aim of charting the sustainable path to achieve the 2020 bioenergy targets and to develop strategies to deliver on these targets. The Bioenergy Working Group will act as a gateway to relevant knowledge and expertise within the member Departments and agencies, commission studies as required and consult with interested parties during the development of a Sustainable Bioenergy Supply Roadmap. In order to be effective, and recognising that bioenergy impacts upon various sectors, including energy, agriculture and environment, it was recognised that it is critical that the development of the roadmap is tackled by a cross sectoral collaboration group. In this regard the group is representative of Government Departments, Government Agencies and relevant stakeholders. It is anticipated that the group will have a draft roadmap prepared by the end of 2008.

Question No. 155 answered with Question No. 136.

Telecommunications Services. 156. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources his views on the growing digital divide across rural and urban Ireland as outlined in a recent report by the Central Statistics Office; and if he will make a statement on the matter. [37134/08]

338 Questions— 29 October 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Broad- band services are crucial in bridging digital divide. The provision of telecommunications services including broadband is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The widespread provision of broadband services continues to be a priority for the Govern- ment. In that regard my Department has undertaken initiatives to address the gaps in broad- band coverage. These included providing grant-aid under the now concluded Group Broadband Scheme (GBS) and ongoing investment in Metropolitan Area Networks (MANs). Although broadband is now widely available in Ireland there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. These areas are being addressed by the National Broadband Scheme (NBS), which will ensure that all requests for a broadband service in the areas to be addressed by the NBS will be met. My Department has reached the evaluation stage of the NBS procurement process. The evaluation of bids is scheduled for completion shortly and the contract is expected to be signed next month. Subject to agreement with the chosen service provider, roll out of services is expected to begin shortly thereafter. Implementation of the NBS will greatly assist in rolling out broadband to rural areas and thereby help address the digital divide.

Question No. 157 answered with Question No. 149.

Electricity Generation. 158. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he is taking to ensure the availability of quality electricity supply through- out the country; and if he will make a statement on the matter. [36905/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Statu- tory responsibility for monitoring and ensuring quality of electricity supply rests with the Com- mission for Energy Regulation (CER). The performance of the electricity networks has signifi- cantly improved in recent years. This reflects the considerable investment of approximately \3 billion in both the transmission and distribution networks that has taken place in the period 2001 to 2005, with another \3 billion planned for investment up to 2010. In allowing for capital expenditure in its revenue determination, the CER sets challenging performance standards and monitors performance to ensure that these are achieved. As distribution system operator, ESB Networks is required by the CER to maintain certain levels of quality of supply and to report annually on the criteria set out by the CER. These service level requirements are reinforced with financial incentives, rewards for achieving better service and penalties for failure. I have been advised by the CER that available data for 2007 shows positive downward trends continuing in the two key metrics for quality of supply, which are Customer Minutes Lost and Verified Voltage complaints. In addition, specific guarantees of quality of service delivery are set out in the Distribution Services Guarantees section of the ESB customer charter.

Mining Operations. 159. Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources the timeframe for the completion of the remediation of a mine (details supplied); and if he will make a statement on the matter. [37143/08]

339 Questions— 29 October 2008. Written Answers

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Sea´n Power): As I indicated in my reply to Parliamentary Question 38 of 10th July 2008, this project is being carried out on a phased basis. The contractor employed by North Tipperary County Council commenced work in mid-July 2008 on the first phase of the reme- diation works at the Gortmore Tailings Management Facility (TMF) and this initial phase of the works has almost been completed. It has proved possible to have certain elements of the works planned for phase 2 carried forward and these will now be completed before the end of the year. These works involve the covering of further bare areas on the TMF and road access improvement. This will facilitate traffic access to spread the topsoil layer during the next phase. Work will also begin on the associated reinstatement of public roads in the Gortmore area. Future works planned for 2009 and 2010 at the Gortmore site include further capping and associated works as well as vegetation and upgrading of wetland areas. It is expected that the works will be substantially completed in 2011.

Telecommunications Services. 160. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he is taking to ensure the roll out of broadband in rural areas; and if he will make a statement on the matter. [36904/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of broadband services is, in the first instance, a matter for the private sector. Broad- band service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services by competing private sector service providers. The widespread provision of broadband services continues to be a priority for the Govern- ment. In that regard, my Department has undertaken initiatives to address the gaps in broad- band coverage. These included providing grant-aid under the now concluded Group Broadband Scheme (GBS), investment in Metropolitan Area Networks (MANs) and the National Broad- band Scheme (NBS) which has been designed to deliver broadband to areas where the market has failed to provide services. The NBS contract is scheduled to be signed next month. Subject to agreement with the chosen service provider, roll out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS will be met.

Alternative Energy Projects. 161. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources his views on the harnessing of wave and tidal energy and its viability as a power source; and if he will make a statement on the matter. [37246/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There is significant global investment in the development of ocean energy technologies to harness the substantial offshore wave and tidal resources. I have articulated my intention that Ireland will be a world leader in this technology. I have published a R&D programme operated by Sus- tainable Energy Ireland (SEI) to enable Ireland to win the race of developing a full-scale, commercially viable ocean energy device for generating electricity. In addition, the Energy White Paper has set a target of at least 500MW of installed ocean energy capacity to be deliv- ered by 2020.

340 Questions— 29 October 2008. Written Answers

To deliver on this, we have established a dedicated Ocean Energy Development unit within SEI. This unit will oversee the development and roll out of an integrated system offering support from the initial development stages right through to commercial sale of the electricity produced. This year the unit will provide funding towards a world class, state-of-the-art National Ocean Energy facility in UCC. The Facility will now have an advanced wave basin for the development and testing of early ocean energy devices. It will also support the develop- ment of a grid-connected wave energy test site at Annagh/French Point near Belmullet, County Mayo. The unit has also launched an Ocean Energy Prototype Fund which will help developers move through the various stages of device research, development and demonstration with a view towards making their devices commercial. To back this up, my Department has signalled a new feed in tariff rate of 22 cent per KiloWatt hour for wave and tidal devices.

Broadcasting Services. 162. Deputy Ruairı´ Quinn asked the Minister for Communications, Energy and Natural Resources the reason he chose not to ban alcohol advertising in the Broadcasting Bill 2008; and if he will make a statement on the matter. [37132/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulation of alcohol in the State is a matter which falls to be addressed across a number of Departments, particularly by the Department of Health, who are the lead Department on the health-related issues of alcohol, but also by the Department of Justice Equality and Law Reform through the Intoxicating Liquor legislation. At a European level the framework for the regulation of alcohol advertising in audiovisual media is set out under the Audiovisual Media Services Directive. The Directive provides that adverts by media service providers for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoder- ate consumption. The Broadcasting Act 2001 provides, under Section 19, for the Broadcasting Commission of Ireland to draw up codes and standards in respect of advertising, including alcohol advertising. The regulation of alcohol advertising is addressed in the Broadcasting Commission of Ireland’s General Advertising Code. The General Advertising Code was published in 2007 following a lengthy consultative process. The code provides for the detailed regulation of alcohol advertis- ing including prohibiting commercial communications for drinks which contain alcohol content of 25% or above. This means that advertising drinks such as vodka, whiskey, rum, tequila, gin and brandy is prohibited. The same applies in respect of alcopops. I have provided under Section 42(9) of the Broadcasting Bill for the continuation of this code.

Energy Prices. 163. Deputy Ciara´n Lynch asked the Minister for Communications, Energy and Natural Resources the steps he is taking to combat the growing numbers of people in fuel poverty; and if he will make a statement on the matter. [37135/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government is committed to protecting vulnerable consumers from the impact of rising energy costs through a combination of institutional supports and investment in improving the energy efficiency of the housing stock. I am working with the Minister for Social and Family Affairs to deliver a fully cohesive strategic approach across Government and Agencies. We have estab- lished an Inter Departmental/Agency Group led by our two Departments, which include the Departments of Finance, Taoiseach, Environment, Heritage and Local Government and Health

341 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] and Children, the Commission for Energy Regulation, Sustainable Energy Ireland (SEI), ESB and BGE´ . The Group is exchanging information on the various actions to address the energy efficiency and affordability challenges for vulnerable consumers. One of the root causes of fuel poverty is the legacy of older housing with poor energy efficiency standards. I have increased the allocation for 2008 to the Low Income Housing Programme administered by SEI to \5 million. The Programme’s primary focus is the Warmer Homes Scheme, which provides energy efficiency equipment including insulation and energy efficiency advice at little or no cost to eligible households. The increased allocation will enable SEI to fund insulation upgrades for an additional 2,000 vulnerable homes in 2008 bringing the total to 5,000 homes this year. Budget 2009 provides for a further \5 million for the Warmer Homes Scheme, which will be complemented by additional funds from ESB and BGE´ . This will substantially increase the number of homes that will receive energy efficient measures in 2009. The Minister for Social and Family Affairs provides a range of supplements and allowances, including the Electricity/Gas Allowance and the National Fuel Allowance, to assist those most in need with their heating costs. The Department of Social and Family Affairs estimates that expenditure on these packages will be in the region of \340 million this year. The Commission for Energy Regulation (CER) also has a role in protecting vulnerable customers in the energy markets. Under the European Communities (Internal Market in Electricity) Regulations 2005 the CER is tasked with ensuring that there are adequate safeguards to protect vulnerable customers, including measures to help customers avoid disconnection. The CER has set out guidelines for the protection of household electricity and natural gas customers, particularly the elderly, customers relying on life support equipment and those with disabilities. The Housing Aid for Older People Scheme was introduced last November by my colleague the Minister for the Environment, Heritage and Local Government. The Scheme provides targeted support of up to 100% of cost to improve conditions in the houses of older people. The Scheme provides grants for a wide range of structural repair and improvements including rewiring, water, sanitary services, heating, windows, as well as central heating and insulation. The Central Heating Scheme has been allocated some \26 million in 2008 by the Minister for the Environment, Heritage and Local Government. The Scheme provides funding to housing authorities to upgrade their rented homes including attic insulation to Building Regulations standards and draught proofing to windows and doors. It is estimated that an additional 5,000 Local Authority households will benefit from improved conditions and lower energy bills this year as a result of this year’s investment.

Broadcasting Services. 164. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources his policy on the impact of the digital terrestrial television switch over on Border counties and on the east coast; if agreement has been reached to provide RTE services to people in Northern Ireland following the switch over; and if he will make a statement on the matter. [37118/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): It is my intention that Digital Terrestrial Television (DTT) services will be available nationally by 2011 and that the analogue TV services will cease in 2012. The UK has a schedule to switch off analogue TV in different regions from 2008 to 2012 in favour of DTT. The switch off of the UK analogue services will impact on those in Ireland who receive the UK TV services via overspill from the UK. UK overspill is received along the South East of Ireland from Wales

342 Questions— 29 October 2008. Written Answers and in border areas from Northern Ireland. The UK Analogue Terrestrial TV services are expected to switch off in Wales in 2009 and in Northern Ireland in 2012. In Ireland the development of DTT is under way. In 2007, the Broadcasting (Amendment) Act was enacted and this provides for RTE´ to develop a public broadcasting DTT service with space to carry RTE´ , TG4 and TV3. In addition, the Broadcasting Commission of Ireland (BCI) ran a competition to provide commercial DTT services. Boxer DTT Ltd has won this compe- tition and contracts are being finalised. It is expected that by the time the analogue services are switched off in Wales, Ireland will have launched Irish DTT services in the south east of the country. Northern Ireland is due to switch to digital services in 2012. In this context the Irish and UK Governments have been discussing the issues of digital switch over and in particular, the poten- tial for adopting a coordinated approach to switchover on both sides of the border. Good progress has been made in this regard and discussions are ongoing.

Question No. 165 answered with Question No. 126.

Question No. 166 answered with Question No. 119.

Mobile Telephony. 167. Deputy Kathleen Lynch asked the Minister for Communications, Energy and Natural Resources the measures he will put in place to safeguard children against mobile phone bully- ing; and if he will make a statement on the matter. [37244/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As Minister for Communications, Energy and Natural Resources, I have overall responsibility for electronic communications policy but I have no responsibility in relation to the actions of persons conducting bullying or intimidation activities over electronic communications networks. I am conscious however, that bullying in any form can be distressing, especially for children. The Irish Cellular Industry Association has published A Parents Guide to Mobile Phones which has some key safety tips for parents to help encourage the safe and responsible use of mobile phones by their children. This is useful as an important line of control rests with parents. Their supervisory role is key to safeguarding their children from the perils of abuse of communications technology. The Deputy may be aware also that legislation is already in place to address the sending of indecent or offensive material by phone, and the harassment of people by phone and anyone who has information in relation to these matters should bring it immediately to the attention of the Garda Sı´ocha´na for criminal investigation.

Question No. 168 answered with Question No. 131.

Departmental Agencies. 169. Deputy Emmet Stagg asked the Minister for Communications, Energy and Natural Resources his views on Ordnance Survey Ireland sharing mapping information with a company (details supplied). [37123/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Sea´n Power): This is an operational matter for Ordnance Survey Ireland for which I have no day-to-day responsibility.

343 Questions— 29 October 2008. Written Answers

Telecommunications Services. 170. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources if areas have been identified under the national broadband scheme as suitable for satellite Internet access only; the percentage of the contract covered by this; the areas under the national broadband scheme that have been identified as being suitable for satellite Internet access only; and if he will make a statement on the matter. [37150/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department has reached the evaluation stage of the National Broadband Scheme (NBS) pro- curement process. The evaluation of bids is scheduled for completion shortly and the contract is expected to be signed next month. Subject to agreement with the chosen service provider, roll out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS will be met. The areas already covered by terrestrial broadband service providers will not be included in the NBS. The map showing the areas to be addressed by the NBS is available on my Depart- ment’s website www.dcenr.gov.ie. No specific areas have been identified as being suitable for satellite internet access. However, it is expected that some areas will be impossible to reach using terrestrial broadband platforms. The winning service provider will be allowed to serve up to 8% of the buildings in the NBS coverage area using satellite.

Question No. 171 answered with Question No. 139.

Broadcasting Services. 172. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources his views on reports that the Minister for Finance contacted the director-general of RTE to complain about the State broadcaster’s coverage of the global banking crisis; his views on such intervention; and if he will make a statement on the matter. [37117/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Minister for Finance did contact the Director-General of RTE in relation to aspects of RTE’s coverage of the global banking crisis. I understand that it was a cordial discussion and the Minister for Finance also briefed me on the matter.

Telecommunications Services. 173. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources the outside organisations working on the national broadband scheme; the amount that has been paid out to them since the start of the scheme; the reports and advice they have provided; and if he will make a statement on the matter. [37149/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The procurement process for the NBS is being led by an Assistant Secretary and a Principal Officer and staffed by 3 full time personnel at Assistant Principal, Higher Executive Officer and Cleri- cal Officer levels. ComReg, who are assisting with the development of the Scheme, also provide a full-time resource to the NBS Working Group. The person is providing project management and technical expertise.

344 Questions— 29 October 2008. Written Answers

The NBS Working Group is aided by additional specialist resources from both ComReg and the Department when required. In addition the Department engaged the following external legal, technical, financial and administrative advisory services:

• Analysys Mason who provide technical, economic and commercial advice including prep- aration of numerous reports.

• McCann Fitzgerald who provide legal advice on procurement matters relating to the scheme and are involved in the preparation of the procurement documentation and legal advices as required.

• ERSI Ltd provided technical input relating to the preparation of the maps showing exist- ing broadband coverage by service providers and the maps used in the procurement docu- mentation.

• Aneta Scieplek who provides administrative support to the NBS Working Group.

• Prof. Jim Norton who is a member of the NBS Steering Committee responsible for decision making in relation to the NBS scheme.

• Coyle Hamilton Willis who provided advice in relation to insurance provisions in the NBS procurement documentation.

Consultant Paid to 24/10/2008

\

Analysys Mason 238,314.58 McCann Fitzgerald 255,195.59 ERSI 67,897.93 Aneta Scieplek 71,651.25 Prof. Jim Norton 12,269.18 Coyle Hamilton Willis 0.00

Energy Resources. 174. Deputy Emmet Stagg asked the Minister for Communications, Energy and Natural Resources the amount in relation to the proposed increased payments to the Exchequer from ESB, Bord Ga´is and Bord na Mo´ na, to be transferred; if he will guarantee that cost will not be borne by customers; and if he will make a statement on the matter. [37124/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The annual dividend payable by the State companies referred to in the question is a function of the after tax profits of each company and the dividend policy in respect of each company. This policy is commercially sensitive information. Dividends paid by the companies to the Exchequer each year are published in the companies’ Annual Reports and Accounts. There is no link between regulated or unregulated electricity and gas tariffs and the ability of ESB and Bord Ga´is to pay dividends. Regulated tariffs are a matter for the Commission for Energy Regulation. In the case of Bord na Mo´ na, pricing policy is a day-to-day matter for the company and is set in the context of the competitive nature of the market in which the company operates.

345 Questions— 29 October 2008. Written Answers

Energy Prices. 175. Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the action he will take to minimise further gas and electricity price increases for households and businesses; and if he will make a statement on the matter. [37125/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Responsibility for the regulation of electricity and gas prices is a matter for the Commission for Energy Regulation (CER) which is an independent statutory body. I have no function in the matter. Every action of Government policy in this area aims to bring secure, clean and competitively priced energy to the Irish public.

Ministerial Staff. 176. Deputy Michael Creed asked the Taoiseach the number of special advisers appointed by him since his appointment as Taoiseach; if he will tabulate their annual salaries; and if he will make a statement on the matter. [36908/08]

The Taoiseach: I appointed seven Special Advisers since my appointment as Taoiseach. Their total annual salaries, including pension contributions, are detailed in the attached table.

Title Annual Salary including pension contributions

\

Programme Manager/Special Adviser 221,929 Special Adviser 131,748 Special Adviser 131,748 Special Adviser 94,785 Special Adviser 204,952 Special Adviser (to the Minister for Health and Children) 177,547 Special Adviser (to the Government Chief Whip) 92,730

All seven appointments were made in compliance with relevant legislation including the terms of the Civil Service (Regulation) Act, 2006 and with Department of Finance directions on Ministerial Staff appointments.

Departmental Staff. 177. Deputy Leo Varadkar asked the Taoiseach the estimated cost of incremental pay increases awarded to existing staff in his Department and the agencies under its aegis in 2008 and 2009; and if he will make a statement on the matter. [36915/08]

178. Deputy Leo Varadkar asked the Taoiseach the estimated annual cost to his Department of the 2.5% Towards 2016 pay increase from its implementation in September 2008 and the 3.5% pay increase planned for September 2009 in respect of wages paid to staff in his Depart- ment and its agencies; and if he will make a statement on the matter. [36916/08]

The Taoiseach: I propose to take Questions Nos. 177 and 178 together. The estimated cost of incremental pay increases awarded to existing staff in this Department and the agencies under its aegis in 2008 and 2009 is detailed in the table.

346 Questions— 29 October 2008. Written Answers

Table: Estimated cost of increments

Department/Agencies Estimated cost 2008 Estimated Cost 2009 \\

Department of the Taoiseach 202,000.00 201,000.00 National Economic Social Council 17,248.00 14,570.00 Office (NESDO)

The estimated cost to my Department of the 2.5% pay increase with effect from 1st September, 2008 is \127,370 for 4 months and \382,110 for a full year. The estimated cost to my Depart- ment of the 3.5% pay increase with effect from 1st September 2009, arising under the recently negotiated draft pay agreement under Towards 2016, is \174,520 in 2009 and \523,550 in a full year. The estimated cost of incremental pay increases awarded to existing staff in the Central Statistics Office in 2008 and 2009 is detailed in the table.

2008 2009 \\

Central Statistics Office 420,000 440,000

The estimated annual cost to the Central Statistics Office of the 2.5% Towards 2016 pay increase from its implementation in September 2008 is \235,000 in 2008, and \900,000 in 2009. The estimated cost to the Central Statistics Office of the 3.5% pay increase with effect from 1 September, 2009 arising under the recently negotiated draft pay agreement under Towards 2016 is \403,000 and \1,209,000 in a full year.

Proposed Legislation. 179. Deputy Ruairı´ Quinn asked the Taoiseach if he plans to introduce amending legislation to the Statistics Act 1993 in order to reduce the closure period applying to the 1926 census data of 100 years in section 35 to a new level of either 50 or 70 years in the interests of social research; and if he will make a statement on the matter. [36951/08]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Censuses of Population between 1926 and 1991 inclusive were carried out under the 1926 Statistics Act which did not permit any access to Census records, at any time. However, the 1993 Statistics Act repealed the 1926 and 1946 Statistics Acts and provided for the release of census forms for these Censuses 100 years after the date of the relevant Census. This is also the situation for censuses held from 1996 onwards. When this provision was debated in the Seanad at the time, the view was expressed that the proposed 100 years period should be reduced to 75, or even 50 years in the interests of genea- logical research. However, while the retrospective introduction of the 100 years exemption was seen by some as undermining the original guarantee given to householders, it was generally accepted that 100 years was a reasonable compromise in all the circumstances, including having regard to life expectancy considerations. It is important to bear in mind that the confidentiality of all statistical returns from individuals, households and business is guaranteed by law, and this guarantee is the cornerstone of all CSO surveys, not least Censuses of Population. I am satisfied that the 100 years period provided for in the 1993 Act strikes the right balance in facilitating legitimate historical and sociological research on the one hand, while the protect- 347 Questions— 29 October 2008. Written Answers

[Deputy Pat Carey.] ing the confidentiality of Census data and the integrity of CSO procedures on the other. Accordingly I have no plans to amend the Statistics Act 1993 in relation to this provision.

National Statistics. 180. Deputy Charles Flanagan asked the Taoiseach the population, classified by Garda dis- trict, of the Dublin metropolitan area, Cork, Limerick, Galway, Meath, Louth and Kildare at both the 2002 and 2006 census. [37050/08]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The most recent information in respect of Garda Districts is from the 2006 census. The table provides data on the Dublin metropolitan area, Cork, Limerick, Galway, Meath, Louth and Kildare districts. An equivalent population breakdown by Garda District for the 2002 census is not available.

Population of listed Garda Districts, 2006

Garda Districts Population

0223 — Galway West 180,338

02235250G — Clifden 10,051 02235300G — Loughrea 19,454 02235240L — Galway 87,543 02235400C — Gort 16,631 02235357M — Salthill Bothar Na Tra 46,659

0317 — Cork City 217,075

03173900D — Anglesea Street 37,339 03174020G — Gurranabraher 47,783 03173980B — Mayfield 39,677 03173930F — Togher 92,276

0318 — Cork North 141,869

03184070C — Cobh 41,188 03184100K — Fermoy 30,209 03184170L — Mallow 32,072 03184200E — Midleton 38,400

0319 — Cork West 129,529

03194300A — Bandon 34,549 03194370B — Bantry 20,051 03194400H — Clonakilty 28,096 03194500D — Kanturk 21,221 03194470K — Macroom 25,612

0321 — Limerick 190,189

03214880A — Askeaton 23,419 03214900L — Bruff 22,533 03214800C — Henry Street 74,542 03214870D — Roxboro Road 44,348 03214970M — Newcastle West 25,347

348 Questions— 29 October 2008. Written Answers

Garda Districts Population

0404 — Louth/Meath 324,999

04042040M — Ashbourne 45,249 04042200D — Balbriggan 47,384 04042000A — Drogheda 69,996 04042070B — Dundalk 51,138 04042100H — Kells Ceanannus Mo´ r 25,656 04042270E — Navan 57,641 04042170K — Trim 27,935

0401 — Carlow/Kildare 231,179

04012900K — Baltinglass 35,799 04012800B — Carlow 54,859 04012770G — Kildare 62,876 04012700F — Naas 77,645

06 — Dublin Metropolitan Region Total 1,207,934

0605 — Eastern DMR 232,322

06051970D — Blackrock Co Dublin 88,584 06051930E — Bray 74,999 06051900C — Dun Laoghaire 68,739

0606 — North Central DMR 79,525

06061870H — Bridewell Co Dublin 22,182 06061830K — Fitzgibbon Street 41,390 06061800G — Store Street 15,953

0607 — Northern DMR 260,965

06071530L — Coolock 121,693 06071570K — Raheny 82,221 06071500H — Santry 57,051

0608 — South Central DMR 114,816

06081200K — Donnybrook 49,772 06081070G — Kevin Street 48,383 06081000F — Pearse Street 16,661

0609 — Southern DMR 234,843

06091300E — Crumlin 52,064 06091372B — Tallaght 130,905 06091470B — Terenure 51,874

0610 — Western DMR 285,463

06101700M — Blanchardstown 141,830 06101710H — Lucan 76,931 06101721C — Clondalkin 66,702

181. Deputy Martin Ferris asked the Taoiseach the proportion of the labour force employed by fully owned Irish enterprises. [36802/08] 349 Questions— 29 October 2008. Written Answers

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The exact infor- mation that the Deputy has requested is not available. It is not possible to determine the number of fully owned Irish enterprises in the State from the information made available to the CSO. However in a number of CSO annual business surveys, enterprises are asked to outline the location of the ultimate beneficial owner. The corresponding information is pro- vided below for enterprises with 20 or more employees for the Industry, Services and Construc- tion Sectors for 2005 (the most recent year for which information is available). The Services Sector excludes enterprises in the financial, public, health and education sectors. In a number of CSO annual business surveys, enterprises are asked to outline the location of the ultimate beneficial owner of the enterprise. The corresponding information is provided below for enterprises with 20 or more employees for the Industry, Services and Construction Sectors for 2005 (the most recent year for which information is available).

Sector

Industry Services Construction

Irish owned Enterprises 1,282 4,200 708 Persons Engaged 101,214 340,640 63,221

Foreign owned Enterprises 462 588 20 Persons Engaged 107,925 107,748 3,468

The Services Sector excludes enterprises in the financial, public, health and education sectors.

Tribunals of Inquiry. 182. Deputy Seamus Kirk asked the Taoiseach the date the Moriarty tribunal was established; the intended date of completion; the cost to the Exchequer; and if he will make a statement on the matter. [37349/08]

The Taoiseach: The Moriarty Tribunal was established in September 1997 and is expected to complete its final report by the end of this year. The total cost incurred by my Department in respect of it up to 30 September 2008 (the latest date for which figures are available) is \33,530,713. The full cost to the Exchequer will, of course, only be known after publication of the Tribunal’s final Report and any rulings on, and eventual settlement of, any third party costs.

Departmental Staff. 183. Deputy Joe Carey asked the Taoiseach the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37364/08]

The Taoiseach: Civil service posts at the levels of Assistant Secretary and Deputy Secretary are covered by a scheme of performance related awards. The operation of the scheme is over- seen by the Committee for Performance Awards. The funding for awards is based on 10% of the payroll for the posts covered by the scheme. Within this overall limit, payments of up to 20% can be made to individuals. Details of the procedures, the numbers covered by the scheme, the range of awards and the total amounts paid in Departments are outlined in the annual reports of the Committee (available on the website www.finance.gov.ie). 350 Questions— 29 October 2008. Written Answers

The amount paid out under this scheme at the Department of the Taoiseach is detailed below:-

Year Total amount paid \

2006 46,750 2007 51,200 2008 62,400

In addition, under the Employee Recognition Awards Scheme, which is used to acknowledge and reward exceptional performance on the part of individuals and teams, merit payments were made as follows:

Year Total value of awards \

2006 8,500 2007 10,500 2008 Nil paid to date

Trade Missions. 184. Deputy Jack Wall asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the number of people from Kildare South that recently took part in a trade mission (details supplied); the importance of such missions in view of the issues raised in a recent article in a local newspaper; and if she will make a statement on the matter. [36919/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): As stated in question number 62 and 63 last week, IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland and its regions. The marketing of individual areas, including Kildare, for new or expansion FDI investments and jobs is a day-to-day operational matter for the Agency. While I may give general policy directives to the Agency, I am precluded under the Acts from giving directives regarding indi- vidual undertakings or from giving preference to one area over others. A central goal for IDA Ireland is the achievement of balanced regional development and, in line with the National Spatial Strategy, IDA Ireland is focused on delivering investments to all of the Gateway and Hub locations. In the case of County Kildare, IDA’s strategy is to promote the whole county as part of an integrated East Region. In addition, the Agency con- tinues to work with its existing client base in an effort to get them to grow and expand their existing operations. At present there are 25 IDA Ireland supported companies in Kildare employing 10,356 people. In the current competitive global market, as Ireland competes for new investments at the highest end of the value chain, the concept of scale is crucial to our economic destiny. Leading corporations require a significant population of highly qualified talent, effective physical and digital infrastructure coupled with availability of sophisticated professional support services. If we are to continue being successful in realising a large proportion of our investments outside of the larger cities, all economic and social stakeholders will need to adhere to the framework on which the NSS is constructed. Future thinking and action must have a regional rather than a local bias and this requires a significant change in mindset. 351 Questions— 29 October 2008. Written Answers

[Deputy Mary Coughlan.]

The development of trade is a primary objective of Ireland’s Asia Strategy, 1999-2009. China is key focus of this strategy, given its economy’s significant and growing potential both as a consumer of Irish produced goods and services, and as a source of Foreign Direct Investment into Ireland. In this regard, it is vital that Ireland continues to deepen its relationship with Chinese business interests and with other key economic and political decision-makers in China. As part of the Asia Strategy, visits to countries such as China by the President, the Taoiseach, the Ta´naiste and other Government Ministers, with consequential reciprocal high-level political visits, have heightened political, cultural and economic awareness on both sides. They have also provided the basis for the further development of relationships between businesses leaders in both Ireland and China. Exports to China continue to grow. In 2007, Irish merchandise exports were \1.3bn which is a 50pc increase on the previous year. For the first six months of this year, Irish exports to China recorded a further increase of 67%, compared with the same period in 2007. More than 80 Irish companies now have operations established in China. Clearly, China will also present significant inward investment opportunities for Ireland as its economy grows and develops. I understand from Enterprise Ireland that a total of 11 people, representing 5 companies based in Co. Kildare, participated in the recent trade mission to China. The value of such trade missions to the Irish economy as a whole cannot be overstated, and are of even more import- ance now as we seek to position the Irish economy to deal with, and emerge strongly from, the challenges facing the global economy.

Departmental Agencies. 185. Deputy Joe Costello asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the reason a State company (details supplied) in Dublin 3 moved from a State owned premises to rented accommodation; the future plans for the vacated premises; the cost of the annual rental of the new premises; and if she will make a statement on the matter. [36877/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): While this is broadly an operational matter for Enterprise Ireland (EI), I understand that the primary benefit of locating Dublin based staff in a single location will be to significantly increase the level of collaboration and efficiency within the organisation which will enable Enterprise Ireland to deliver a more effective service to client companies. There are likely to be consider- able benefits to the Exchequer following the move to East Point in terms of the decrease in rent EI will pay in East Point compared to its previous overall rental costs and the transfer or sale of the Glasnevin site. I also understand that it has been a key strategic objective for Enterprise Ireland (EI) to bring all Dublin based staff together in one location since the Agency was established in 1998. Enterprise Ireland had previously occupied four office locations in Dublin, primarily as a result of the amalgamation of various state agencies into a single organisation over a number of years. The lease on two of these buildings is expiring in Quarter 4, 2008 (necessitating the search for alternative accommodation). From an operational perspective, occupying four separate locations in Dublin was undesirable especially for an agency mandated to provide a range of services and expertise across several critical business functions in a holistic fashion. Having explored a number of possible solutions, including the development of the Glasnevin site, the Board of Enterprise Ireland decided that the single site office solution offered in the East Point Business Park was the most appropriate from a number of perspectives, including location, value for money and flexibility. In September of 2006, following the Board decision,

352 Questions— 29 October 2008. Written Answers

Enterprise Ireland signed a commercial 25-year lease on office accommodation in East Point. Enterprise Ireland moved their operations to the East Point Business Park and vacated the Glasnevin Site at the end of September 2008. The future of the vacated site is currently the focus of discussions between Enterprise Ireland, my Department, the Department of the Envir- onment, Heritage and Local Government and Dublin City Council.

Community Employment Schemes. 186. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of people on community employment schemes; the number of whom were previously employed on community employment schemes; and if she will make a state- ment on the matter. [36937/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): 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 programme helps unemployed people to progress to the open labour market by breaking their experience of unemployment through a return to work routine and assists them in enhancing/developing both their technical and personal skills. I am advised by FA´ S that the number of people employed on Community Employment schemes as at the end of September 2008 was 22,297 (20,879 participants and 1,418 supervisors). CE participant contracts are of one year duration. However, participants may be eligible to participate up to 3 years in total on CE if they are under 55 years of age, or 6 years in total on CE if they are 55 to 65 years of age. Persons in receipt of a disability-linked Social Welfare payment can avail of one additional year on CE above these participation limits. To cater for older workers in particular, in November 2004 the 3 year CE capping was revised to allow those of 55 years of age and over to avail of a 6-year period on CE (based on participation since 3rd April, 2000). This was introduced in recognition of the fact that older participants may find it more difficult to progress into the open labour market. At the end of September 2008 6,496 participants were on their first one year contract on CE. 14,383 were on further contracts on CE.

Departmental Investigations. 187. Deputy Richard Bruton asked the Ta´naiste and Minister for Enterprise, Trade and Employment if the Office of Corporate Enforcement has investigated failings in duty of care within the financial services sector in which poor practices and poor incentive structures encour- aged poor lending practices. [36983/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy John McGuinness): The statutory remit of the Director of Corporate Enforcement is to encourage adherence to the requirements of the Companies Acts and, where appropriate, to investigate and bring to account those who are suspected of non-compliance with that legislative code. The Director is statutorily independent in the performance of those functions. Company law is not particularly relevant to the suitability of any lending practices which may operate in the financial services sector. The Financial Regulator is now responsible for the supervision and regulation of the financial services sector. As such it is the Regulator that is best placed to address the issues raised by the Deputy.

353 Questions— 29 October 2008. Written Answers

Industrial Development. 188. Deputy Pat Breen asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment her proposals to reduce the grant-aid to Shannon Development in 2009 for grants payable to industry; the implications of this decision for Shannon Development and for industries located in the mid-west region; and if she will make a statement on the matter. [37017/08]

189. Deputy Pat Breen asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment her proposals to reduce the grant-aid to Shannon Development in 2009 for administration and general expenses; the implications of this decision for Shannon Development; and if she will make a statement on the matter. [37018/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 188 and 189 together. Shannon Development, in common with all Government Departments and state agencies, were required to effect specified levels of savings in their Pay and Administration expenditure for 2009. All of Shannon Development’s Pay and Administration costs are met from the Com- pany’s own resource income, generated mainly from its management of state property assets in the mid-west region. While there is a nominal provision in my Department’s Estimate for Shannon Development Pay and Administration there has been no requirement to draw down funding from this source for the past ten years or so. Shannon Development has nevertheless been asked to implement necessary savings in relation to pay costs, consultancy/advertising etc. The benefit of these savings, estimated at \1.3m would, in the normal course, accrue to Shannon Development rather than the Exchequer. The Company has accordingly been asked to use these savings to fund grants to industry which would otherwise require funding from the Exchequer. My Department is in consultation with the Company with regard to how the necessary savings can be achieved. My Department’s Estimate provides for funding for Shannon Development to grant aid industry in Shannon Free Zone. Expenditure for this purpose in 2009 had been forecast at \2m in the Capital Envelopes exercise and the Exchequer provision for 2009 has been now reduced to \700k. Given that Shannon Development has been asked to make up this amount from own resource income, there will be no reduction in the level of funding available for this purpose. In the event that a major new project or expansion requiring significant levels of funding comes on stream, my Department, in consultation with Shannon Development will, of course, explore ways to meet this need. In the circumstances, I am satisfied that these measures will not impact adversely on Shannon Development’s ability to deliver on its mandate or on industries located in the region.

Decentralisation Programme. 190. Deputy Pat Breen asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment her proposals to postpone, pending a review in 2011, the decentralisation of Enterprise Ireland to Shannon; the implications of this decision for the staff transferred to Shannon; and if she will make a statement on the matter. [37019/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Enterprise Ireland (EI) is to move almost 300 posts to Shannon under the decentralisation programme. Progress on the full transfer of EI’s HQ to Shannon, within the Government decentralization programme, will be influenced by factors (many external to EI) such as; the level of interest in the Shannon location expressed by CAF applicants and by progress made

354 Questions— 29 October 2008. Written Answers in discussions at a central level on various issues central to agency decentralization. As indi- cated in the Budget speech, this position will be reviewed in 2011. EI, working closely with the Office of Public Works (OPW), has identified, but not yet acquired, a site for the construction of a suitably sized new HQ building in Shannon. Shannon Development owns the site. In co-operation with Shannon Development and the OPW, the site was valued and a feasibility study carried out. The site occupies a prime position in Shannon and is considered suitable for a major landmark building or civic structure. In parallel with the decentralisation process, EI strengthened its regional focus in recent years and now has a major presence in the Shannon Region in addition to its nine other regional offices. Certain functions previously carried out by Shannon Development under del- egated authority from Enterprise Ireland reverted to Enterprise Ireland on 1st January 2007. The transfer of functions also involved the transfer of a number of posts from Shannon Development to Enterprise Ireland. The agency strengthened its regional presence by estab- lishing its new Regional Development Headquarters in Shannon and also houses the County Enterprise Support Unit there. A senior manager has been appointed as Head of Regions and Entrepreneurship to oversee the establishment of the EI presence in the Mid-West Region. EI managers with responsibility for the County Enterprise Coordination Unit and EI Regional Development strategy as well as the Regional Director with responsibility for the Mid West Regional are now in place in leased high-spec office space in Westpark, Shannon. As part of EI’s regional strategy, these six posts were assigned to the new office in Shannon from Dublin, to manage this new Regional HQ. Currently there are 63 staff working in the EI Shannon office. There are no implications for these regionalised staff as a result of the recent postponement of the decentralisation of EI to Shannon.

Community Employment Schemes. 191. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment her views on reducing the requirement for entry to a community employment scheme from one year on the live register to a lesser time period in view of the increasing numbers on the live register. [37077/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons (including those with a disability) with an opportunity to engage in useful work within their communities on a fixed term basis. The eligibility criteria and participation limits for CE are set by the Department of Enterprise, Trade and Employment (DETE). The qualifying criteria for participation are intended to facilitate the movement of participants through CE, allowing new participants who may not otherwise have such an opportunity, to avail of the programme. The aim of CE still remains as an active labour market programme with the emphasis on progression into employment. The programme is managed within this context, with consider- ation to the availability of resources and the needs of participants and the community. FA´ S makes every effort to ensure that differing levels of demand between neighbouring schemes are equalised. FA´ S also operates the programme flexibly as far as possible to ensure the con- tinuation of community projects. In conclusion then, I would say that 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 have no plans to amend the eligibility criteria for

355 Questions— 29 October 2008. Written Answers

[Deputy Mary Coughlan.] participation on Community Employment Schemes; however, the operation of the Scheme is kept under constant review.

Employment Support Services. 192. Deputy Joan Burton asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the active labour market or back-to-work measures in operation here; the funding allo- cated to each of these measures and the total funding allocation for each of the years 2007, 2008 projected and 2009 budgeted; and if she will make a statement on the matter. [37280/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): My Department operates a range of active labour market programmes and back to work measures, mainly through FA´ S and Skillnets. The total programme allocation under the main measures in 2007 was \892 million. The projected programme budget for 2008 is \922.3 million and a breakdown of measures is set out in the table. A detailed breakdown, by measure, of the budget for 2009 is currently under discussion with FA´ S and Skillnets.

2008 Programme Measure 2008 Budget

\000s

Employment Services 55,500 Employment Programmes 415,300 Employment and Training Programmes for People with Disabilities 74,300 Training for Employment 174,000 Apprenticeship 128,800 Training in Employment 48,400 Skillnets (Training Network Programme) 26,000

Total 922,300

193. Deputy Joan Burton asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the active labour market or back-to-work measures which have been introduced by her Department since May 2007 to date in 2008; and if she will make a statement on the matter. [37281/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government, with the National Training and Employment Authority, FA´ S constantly reviews its labour market programme provision, taking into account client demand, placement, labour market trends and stakeholder feedback. Since 2007, my Department and FA´ S have continued to implement a suite of active labour market and back to work measures with a particular focus on job-search, training and employment programmes. In addition, since May 2007 the following training programmes, covering a broad range of industrial sectors, have been introduced:

• Bio-Pharmaceutical process operations;

• Sustainable energy training for qualified workers in Solar heating, Geothermal heating and Biomass heating;

• Digital media skills; 356 Questions— 29 October 2008. Written Answers

• Computer-aided engineering;

• Seafaring skills;

• Financial services;

• Retail skills;

• Medical Secretary Traineeship;

• Service Sales Fitter;

• Introductory IT Skills and Personal Skills;

• English language for migrant workers;

• Television and Video Production.

In the context of other supports, FA´ S further extended the Technical Employment Service Grant in 2007 in order to provide FA´ S Employment Service Officers (ESOs) with a flexible fund to provide a tailored response to meet the needs of individual clients. A fund of up to \2,500 per client can be made available and is used to meet a need that has been identified, through the guidance process, in order to support the individual in entering or re-entering the labour market. For instance, by way of:

• Funding a short training/education programme;

• Providing assistance in purchasing clothing to attend a job interview or assistance with travel costs to attend an interview;

• Providing assistance in purchasing tools to allow a person to take up particular employment.

In response to the sharp downturn in the construction sector FA´ S has put in place measures to assist redundant Apprentices in finding alternative employment. It has agreed with the Department of Social and Family Affairs that Apprentices, on making a claim for Jobseeker Allowance/Benefits, are immediately referred to FA´ S for assistance. Following this immediate referral, FA´ S works closely with the apprentice to support them in obtaining suitable employ- ment in order to allow them to complete their apprenticeship. FA´ S has also provided a ring-fenced \500,000 budget under the Technical Employment Sup- port Grant to fund customised and flexible training programmes for redundant construction workers to enable them to return to employment as soon as possible.

194. Deputy Joan Burton asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the active labour market or back-to-work measures under development by her Depart- ment; and if she will make a statement on the matter. [37282/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): An additional \9.5 million has been provided from the National Training Fund in the 2009 FA´ S budget to provide additional training for the unemployed. My Department, through its National Employment and Training Authority, FA´ S has a number of measures currently under develop- ment that are designed to assist both those who have recently been made redundant as well as those who have become distanced from the labour market.

357 Questions— 29 October 2008. Written Answers

[Deputy Mary Coughlan.]

Approximately 50 short duration courses are in development covering a broad range of specific skills related to a cross section of business and industry sectors encompassing logistics and warehousing, sales, marketing, information technology, industrial maintenance, engineer- ing, construction, security, entrepreneurship, healthcare and sustainable energy. The courses are typically 6-8 weeks duration and lead to formal qualifications under the National Frame- work of Qualifications. They are tailored for recently unemployed persons who require short focused training intervention related to specific skill areas. FA´ S intends to broaden its evening course provision and make these courses available to unemployed persons on a non-fee paying basis. A number of long duration specific skills courses are also in development in the categor- ies of Sound Engineering, Interactive Media, Electro Mechanical Automation, Retail Banking Services and Childcare Supervision. In the context of the recent job losses within the construction sector, a new training facility is scheduled to open this year to cater for the needs of unemployed construction workers. Courses will be offered to allow these workers to up-skill and broaden their existing skills. My Department has also provided for FA´ S in 2009 to support the employment of redundant apprentices so that those apprentices can finish their training. For 18-20 year olds who are on the live register FA´ S is developing a programme designed to prevent them from drifting into long-term unemployment. For those who are more distanced from the labour market, a new programme for the long-term unemployed and early school leavers, with high support men- toring and targeted interventions, will be launched in December 2008. In relation to other support measures, FA´ S has recently concluded a major review of the suite of Job Clubs currently funded by FA´ S. As a result, responsibility for the monitoring and administration of Job Clubs will transfer within FA´ S to its Employment Services Division in order to strengthen the range of supports and back to work measures for unemployed people. The Job Club model is being augmented to provide a more focused support to ‘job-ready’ clients with a view to assisting them in returning to work in the shortest possible time. Further- more, each of FA´ S’ Training Centres will have a dedicated Job Club as part of an overall enhancement to its services.

195. Deputy Sea´n Connick asked the Ta´naiste and Minister for Enterprise, Trade and Employment the training and other supports her Department has developed to assist workers who are unable to secure employment due to the downturn in the construction industry. [37326/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): FA´ S has provided a ring-fenced \500,000 budget under the Technical Employment Support Grant to fund customised and flexible training programmes for redundant construction workers to enable them to return to employment as soon as possible. The fund is targeted on the provision of retraining opportunities for redundant construction workers in emerging areas such as the installation of energy efficient and renewable technologies within the construction sector. My Department and FA´ S have also put in place a series of actions to facilitate redundant apprentices within the construction industry in completing their studies:

FA´ S, through their Employment Services Division, are focusing on assisting redundant apprentices to source employment, in order that they can complete their apprenticeship by receiving the appropriate on-the-job training and undertaking the associated competence- based assessments;

358 Questions— 29 October 2008. Written Answers

Apprentices who are made redundant are now allowed to progress to their next off-the- job training phase of their apprenticeship, without having to do the next on-the-job phase beforehand.

My Department and FA´ S will continue to monitor the trends and activities in the construction industry and will work with all of the relevant stakeholders to ensure timely and satisfactory responses to assist redundant apprentices to complete their apprenticeships. In addition FA´ S is also assisting individuals in anyway they can in seeking employment abroad in construction in other EU countries. In this context FA´ S has held successful European construction jobs fairs for employers from other EU countries this year in both Dublin and Cork.

Departmental Staff. 196. Deputy Joe Carey asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the amount paid in bonuses to anyone under the jurisdiction of her Department for the years 2006, 2007 and 2008; and if she will make a statement on the matter. [37358/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The scheme of performance-related awards in the civil service applies to Deputy and Assistant Secretaries and equivalent grades. Details of awards to individual officers under the perform- ance related scheme are not disclosed on the basis that they are confidential to the officer concerned. A total of \168,000 was paid to 14 officers of my Department and associated Offices under the scheme for the year 2006 while a total of \196,000 was paid in respect of 14 officers in 2007. No awards have been paid to date in respect of 2008.

Employment Rights. 197. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the breakdown of the number of enforcement actions carried out by her Depart- ment from 2000 to date in 2008 to the establishment of the National Employment Rights Authority in relation to employment regulation orders for the catering industry; and if she will make a statement on the matter. [37401/08]

198. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the breakdown of the number of enforcement actions since the establishment of the National Employment Rights Authority in relation to employment regulation orders for the catering industry; and if she will make a statement on the matter. [37402/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I propose to take Questions Nos. 197 and 198 together. Table 1 sets out details of the number of inspections carried out since 2005 in the Catering Sector by the former Labour Inspectorate of the Department of Enterprise, Trade and Employ- ment and, since 2007, by the National Employment Rights Authority’s Inspection Services. To date, no prosecutions have been initiated in the Catering Sector. A detailed breakdown of inspection activity by sector is not readily available for the years 2000 to 2004. However, Table 2 sets out the arrears recovered arising from employment rights inspections in the Catering Sector for the years 2002 to 2004. To illustrate the proportion of inspections in the Catering Industry in the context of the work undertaken by the Labour Inspectorate and NERA, Table 3 below sets out details of the total number of inspections, prosecutions initiated and arrears recovered across all sectors on an annual basis since 2001. Full details regarding inspection activity are not available for the year 2000. The primary role of the National Employment Rights Authority (NERA) in the case of breaches of employment rights legislation is to seek compliance and rectification of any

359 Questions— 29 October 2008. Written Answers

[Deputy Billy Kelleher.] breaches identified, including redress for the employees concerned and payment of any arrears due to those employees. It should be noted that in the majority of cases employers rectify breaches of employment law and pay underpayments of wages due to employees without recourse to prosecution. However, the National Employment Rights Authority reserves the right to initiate prosecutions in respect of breaches of certain employment legislation. The significant increase in inspection activity in the Catering Sector in 2008 was as a result of NERA’s targeted campaign, which ran between 16 June and 17 August 2008, and focused on compliance with the Catering Employment Regulation Orders. It was also influenced by the increased number of Inspectors provided in accordance with commitments given under Towards 2016, the Social Partnership Agreement.

Table 1: Details of Employment Rights Inspections in the catering Sector

Year Inspections Cases in which Cases in which Arrears Recovered Breaches were not Breaches were Detected Detected

\s

2005 141 69 72 36,700 2006 529 183 346 429,985 2007 205 79 126 267,182 2008 to date 948 236 712 340,226* *The arrears figure \340,226 for 2008 does not include cases where the amount due has yet to be finalised, or those cases where the amount due has been established, but the employer has yet to confirm that payment has been made to the employees concerned.

Table 2: Arrears recovered arising from Employment Rights Inspections in the Catering Sector in the period 2002 to 2004

Year Arrears Recovered

\s

2002 30,890 2003 22,800 2004 56,885

Table 3: No. of Inspections, Prosecutions and Arrears Recovered arising from Employment Rights Inspections in period 2001 to 2008

Year Inspections Prosecutions Initiated Arrears Recovered

\s

2001 6,474 23 518,000 2002 8,323 25 354,000 2003 7,168 25 226,000 2004 5,160 54 486,000 2005 5,719 59 476,000 2006 15,855 62 1,400,000 2007 14,425 98 2,503,892 2008* 24,755 82 2,034,227 *To 28th October, 2008.

360 Questions— 29 October 2008. Written Answers

Tax Code. 199. Deputy Thomas P. Broughan asked the Minister for Finance if he will report on the proposed annual \200 levy for car parking by employees in urban areas; if this measure will be part of his forthcoming sustainable travel and transport action plan; if he will define an urban area under this levy; the workers who will be exempt from this levy; if this parking levy will be proportionately applied to employees who are on the minimum wage, low wage earners or who have access to parking for only part of the week; the estimated annual revenue generated by the proposed urban parking tax; the estimated annual administration costs of the new levy; the way the levy will be collected; and if he will make a statement on the matter. [36958/08]

Minister for Finance (Deputy Brian Lenihan): The detailed provisions of the car parking levy are currently being finalised and will be included in the Finance (No. 2) Bill 2008, which will be published on 20 November next. The Sustainable Travel and Transport Action Plan is the responsibility of the Department of Transport.

200. Deputy Brian Hayes asked the Minister for Finance if the parking levy to be introduced in business premises in urban areas will apply to school grounds or school car parks; if so, the number of schools that will be affected by the levy; and if he will make a statement on the matter. [37001/08]

Minister for Finance (Deputy Brian Lenihan): The detailed provisions of the car parking levy are currently being finalised and will be included in the Finance (No. 2) Bill 2008, which will be published on 20 November next.

201. Deputy Mary Upton asked the Minister for Finance if he plans to take heed of the recent ruling in the EU Court of Justice on 16 October 2008 (details supplied); if there are plans to transpose this information into Irish law; and if he will make a statement on the matter. [37076/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that it is assumed that the Deputy is referring to the Judgment of the European Court of Justice in Case C-253/07 — Canterbury Hockey Club and Canterbury Ladies Hockey Club v The Commissioners for H.M. Revenue and Customs. In that case the European Court of Justice considered the scope of the exemption from VAT provided by Article 13A(1)(m) of the EU Sixth VAT Directive, now Article 132(1)(m) of the EU VAT Directive 2006. That provision provides for exemption from VAT for certain services closely linked to sport or physical edu- cation supplied by non-profit making organisations to persons taking part in sport or physical education. The European Court of Justice has ruled that the provision is to be interpreted as meaning that, in the context of persons taking part in sport, it includes services supplied to corporate persons and to unincorporated associations, provided that those services are closely linked and essential to sport, that they are supplied by non-profit-making organisations and that their true beneficiaries are persons taking part in sport. The Court also ruled that Member States are not permitted to limit the exemption under that provision by reference to the recipients of the services in question. I am further advised by the Revenue Commissioners that Irish VAT law and practice in this area is already fully in conformity with the decision in the case and the services concerned are exempt from VAT in Ireland.

202. Deputy Ro´ isı´n Shortall asked the Minister for Finance the way the proposed parking tax announced in budget 2009 will be applied in practice; and the way he proposes to legislate for such a tax. [37258/08]

361 Questions— 29 October 2008. Written Answers

Minister for Finance (Deputy Brian Lenihan): The detailed provisions of the car parking levy are currently being finalised and will be included in the Finance (No. 2) Bill 2008, which will be published on 20 November next.

Financial Services. 203. Deputy Terence Flanagan asked the Minister for Finance the guidelines regarding the arrears figure a borrower has to be in before a home lone provider can issue repossession proceedings; and if he will make a statement on the matter. [36863/08]

Minister for Finance (Deputy Brian Lenihan): The Financial Regulator’s Consumer Protec- tion Code (the CPC), which applies to all home loan providers operating in the State, requires mortgage lenders to undertake suitability assessments before offering a product or service to consumers and requires that a regulated entity must contact the consumer as soon as it becomes aware that a mortgage account is in arrears irrespective of the amount of the arrears. It also specifies that the regulated entity must have in place a procedure for handling accounts in arrears and the Financial Regulator’s CEO has pointed out that the Financial Regulator con- siders this to include a requirement that lenders agree a remedial action plan with a borrower as soon as it detects arrears starting to emerge and to try to assist the borrower to manage his or her financial commitments and not allow the situation to worsen. (For details see www.financialregulator.ie). The Deputy may wish to note that the provisions of the Scheme made under the Credit Institutions (Financial Support) Act, 2008, requires institutions covered by the guarantee in Ireland to confirm their compliance not only with the CPC but also with the Irish Banking Federation’s (IBF) Code of Practice on Mortgage Arrears (the IBF’s Code). In accordance with the IBF’s Code borrowers are advised to contact their lender about any problems they may be experiencing regarding meeting their repayments schedule. It recommends that the borrower contact the lender after one missed scheduled payment (again irrespective of the amount) in order to prevent a situation of mounting arrears arising with negative consequences for both the borrower and lender. No value amount is set on the arrears. Lenders are committed under the Code to facilitating the individual circumstances of each borrower, and assessing each case on its own merits. Once the borrower has contacted the lender, the latter will consider all viable options and develop a plan for clearing the mortgage arrears. In accordance with the IBF’s Code, the lender may not issue a formal demand until three payments are missed. Home repossession should be the last resort for the lender and the preferred method of dealing with arrears cases should be early intervention.

Credit Institutions Support Scheme. 204. Deputy Joe Costello asked the Minister for Finance the reason the credit institutions financial support scheme was not open to amendment when debated in Da´il E´ ireann on 17 October 2008; if the advice of the Attorney General has been sought on the matter; and if he will make a statement on the matter. [36876/08]

Minister for Finance (Deputy Brian Lenihan): The Department was advised by the AGO that the scheme presented for approval by the Houses of the Oireachtas was the scheme approved by the European Commission as constituting a State Aid compatible with the EC Treaty. The EC Treaty requires that the State Aid be approved by the Commission and Ireland is not entitled to unilaterally alter the terms of the State Aid so approved. Any material amend- ment to the scheme would therefore have resulted in the Da´il/Seanad approving a scheme which had not been declared by the European Commission to be compatible with the EC

362 Questions— 29 October 2008. Written Answers

Treaty. This would have required the presentation of the revised scheme to the European Commission for approval and it would, in any event have delayed the introduction of the scheme and thus the granting of the guarantees.

Tax Code. 205. Deputy Phil Hogan asked the Minister for Finance the tax reliefs that continue in the tax code in respect of construction work with particular reference to commercial, residential and nursing home tax breaks; and if he will make a statement on the matter. [36886/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the following property based tax incentive schemes remain in the tax code and, in general, provide capital allowances at the rate of 15% for the first 6 years and 10% in year 7 for the construction or refurbishment of qualifying premises:

• Convalescent Homes

• Qualifying (Private) Hospitals

• Qualifying Mental Health Centres

• Qualifying Specialist Palliative Care Units (subject to Commencement Order)

• Buildings used for Childcare Purposes — Alternatively 100% relief may be claimed in year 1.

• Registered Nursing Homes

• Qualifying (Nursing Home) Residential Units, and

• Certain tourism infrastructure under the Mid-Shannon Scheme — Only 80% of expendi- ture can qualify in certain areas.

All other property based tax incentive schemes terminated on, or before, 31 July 2008. Apart from the foregoing schemes, therefore, there are no schemes extant in the tax code providing tax incentives for commercial or residential developments.

206. Deputy Mary Upton asked the Minister for Finance if an arrangement will be put in place for the payment of VAT and PRSI by a business (details supplied) to avoid closure of the business; and if he will make a statement on the matter. [36914/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by Revenue that they expect taxpayers and businesses to organise their financial affairs to ensure that they pay their tax debts as they fall due. Where occasional cash flow difficulties arise Revenue is prepared to work with a business to ensure full resumption of timely payment of tax debts as quickly as possible. In this particular instance there have been a number of interventions by Revenue but the terms of agreements entered into have not been met. Revenue will undertake one final engagement in the case concerned, before enforcement action is commenced, with a view to reaching a satisfactory payment arrangement, which will include interest.

207. Deputy Leo Varadkar asked the Minister for Finance the expected tax revenue in 2009 from the 1% levy on taxpayers whose gross earnings are less than \10,000, \10,001 to \15,000, \15,001 to \20,000 and \20,001 to \25,000; and if he will make a statement on the matter. [36938/08]

363 Questions— 29 October 2008. Written Answers

208. Deputy Leo Varadkar asked the Minister for Finance the number of individuals who will be paying the 1% levy whose gross income is less than \10,000 a year, \10,001 to \15,000, \15,001 to \20,000 and \20,001 to \25,000; and if he will make a statement on the matter. [36939/08]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 207 and 208 together. As the Deputy will be aware, it is proposed to include a threshold which will exempt the minimum wage from the income levy. More detailed provisions, in relation to the collection, recovery, inspection of records, and other provisions required will be set out in the Finance Bill.

209. Deputy Thomas P. Broughan asked the Minister for Finance if he will report on the proposed annual \200 levy for car parking for employees in urban areas; if he will define an urban area under this levy; the workers who will be exempt from this levy; if this parking levy will be proportionately applied to employees who are on the minimum wage, low wage earners or who have access to parking for only part of the week; the estimated annual revenue gener- ated by the proposed urban parking tax; the estimated annual administration costs of the new levy; the way the levy will be collected; and if he will make a statement on the matter. [36960/08]

Minister for Finance (Deputy Brian Lenihan): The detailed provisions of the car parking levy are currently being finalised and will be included in the Finance (No. 2) Bill 2008, which will be published on 20 November next.

210. Deputy Thomas P. Broughan asked the Minister for Finance if he will report on the proposed new air travel tax; the reason a 300 kilometre cut-off point was established in terms of the lower \2 air travel tax; if he will review the 300 kilometre limit of the lower \2 air travel tax in the context of Shannon Airport and its routes to critical UK destinations; if he undertook any reviews of the impact of a new air travel departure tax on connectivity levels of Shannon Airport before this tax was introduced; the reason private jets of less than 20 seats will be exempt from the new tax; the estimated annual revenue generated by the proposed new tax; the estimated annual administration costs of the new tax; the way the tax will be collected; and if he will make a statement on the matter. [36962/08]

Minister for Finance (Deputy Brian Lenihan): I announced in Budget 2009 that an Air Travel Tax will come into force in respect of passengers departing from Irish airports on and from 30 March 2009. The general rate applying will be \10 per passenger, with a lower rate of \2 for shorter air journeys i.e. those not in excess of 300 kms. I decided that a relatively short air journey should reflect a lower charge. It is not unusual for the price of fares for longer journeys to be higher than those for shorter journeys and the tax reflects that position. I was also conscious that the tax would apply to both the outward and return journey in respect of domestic flights. In addition, I was cognisant of the greater competition that exists from other forms of travel for that sector, relative to longer flights. All aircraft with less than 20 passenger seats are exempt from the tax. This is one of the practical measures designed to exclude those small aerodromes that exist around the country where it would be administratively difficult to impose or collect the tax. However, in the case of larger airports, collection systems are already in place and any additional administration costs for those airports should be marginal. As I signalled in the Budget, it is proposed that the tax will be payable by the appropriate airport authority to the Revenue Commissioners. This measure is estimated to yield \95 million in 2009 and \150 million in a full year.

364 Questions— 29 October 2008. Written Answers

Garda Stations. 211. Deputy Michael Creed asked the Minister for Finance the status of the proposed development of a Garda station (details supplied) in County Cork; and if he will make a statement on the matter. [36997/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Tenders for the construction of a new Garda Station at Ballincollig, Co. Cork are under consideration at present. Commencement of this project will depend on the availability of resources and the priority accorded to the project by the Garda Sı´ocha´na and the Department of Justice, Equality and Law Reform.

Tax Code. 212. Deputy Leo Varadkar asked the Minister for Finance if his attention has been drawn to the potential cash flow implications for sub-contractors on account of the movement of many sub-contractors to a four month VAT reporting cycle coupled with the new VAT regimes for sub-contractors; if sub-contractors can be moved back to bi-monthly reporting cycles; if so, if he is satisfied that this is well known within the industry; and if he will make a statement on the matter. [37000/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that currently, some 66,000 smaller traders benefit from four or six monthly filing arrangements for their VAT returns as distinct from the normal bi-monthly returns. These arrangements are an important contribution to reducing the compliance burden on smaller businesses and to making it as easy as possible for taxpayers to do business with the Revenue Commissioners. The extension of these simplified filing arrangements at an individual trader level is the subject of advance notification by the Revenue Commissioners and a trader may opt to con- tinue with bi-monthly filing if that is the preferred arrangement. Where a trader is already filing less frequently than every two months and wishes to revert to bi-monthly filing, then contact should be made with the Revenue Commissioners. I am advised by the Revenue Com- missioners that such a request can be facilitated from the start of the trader’s next VAT period.

Proposed Legislation. 213. Deputy Mary Upton asked the Minister for Finance if he has plans to reform betting legislation in order to increase the Revenue Commissioners’ tax take from gambling and there- fore providing support to the horse and greyhound fund as a revenue neutral perspective for the central Exchequer; and if he will make a statement on the matter. [37043/08]

Minister for Finance (Deputy Brian Lenihan): I announced in the Budget that the betting duty rate, which relates to all off-course betting on all sports, will be increased from 1% to 2% with effect from 1 January 2009. To provide for this, the relevant legislation, the Betting Act, 1931 will be amended via the Finance Bill. The decision to increase the betting duty is unrelated and separate to the issue of the maintenance of the Horse and Greyhound Racing Fund. In that regard it was also made clear in the Budget that the arrangements were being ended whereby the annual payment to the Fund is automatically calculated by reference to the pre- vious year’s betting duty or the contribution to the Fund in the year 2000 adjusted for inflation.

Tax Code. 214. Deputy Ro´ isı´n Shortall asked the Minister for Finance the position in relation to the

365 Questions— 29 October 2008. Written Answers

[Deputy Ro´ isı´n Shortall.] thresholds for the income levy; and the revised thresholds, bands, and rates applying to each band. [37256/08]

Minister for Finance (Deputy Brian Lenihan): The position is that the minimum wage will be exempted from the income levy of 1%. More detailed provisions, in relation to the thres- holds, bands and rates applying to each band, and other provisions required will be set out in the Finance Bill.

Garda Stations. 215. Deputy Jimmy Deenihan asked the Minister for Finance if work will commence on the new Castleisland Garda station, County Kerry in 2009; if a contractor has been appointed at this stage; and if he will make a statement on the matter. [37287/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Tenders for the construction of a new Garda Station at Castleisland, Co. Kerry are under consideration at present. Commencement of this project will depend on the availability of resources and the priority accorded to the project by the Garda Sı´ocha´na and the Department of Justice, Equality and Law Reform.

Flood Relief. 216. Deputy Michael Creed asked the Minister for Finance the status of the Lee catchment flood risk assessment and management study; when it is due for publication; when works will commence in order to alleviate the flooding problem in the River Lee catchment area; and if he will make a statement on the matter. [37338/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The evaluation of possible mitigation options for each area of potential significant flood risk is currently being carried out as part of the Lee Catchment Flood Risk Assessment and Management Study. It is expected that public consultation in relation to the preferred options will take place in early 2009 and that a draft of the Catchment Flood Risk Assessment and Management Plan will be published in the middle of the year. Options for addressing the flood risk may include a combi- nation of works and non-structural measures. Until options have been agreed for each area, it is not possible to say when any works that may be required will commence.

Tax Collection. 217. Deputy Michael Creed asked the Minister for Finance if he will expedite an assessment of tax liability for 2007 in respect of a person (details supplied) in County Cork in view of the fact that the assessment is required to facilitate a higher education grant application; and if he will make a statement on the matter. [37339/08]

Minister for Finance (Deputy Brian Lenihan): I have been informed by the Revenue Com- missioners that a Notice of Assessment issued to the person concerned on 17 October 2008. If a duplicate is required please contact Mr Gerry Collins at 021 6027516.

Departmental Staff. 218. Deputy Joe Carey asked the Minister for Finance the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37359/08]

366 Questions— 29 October 2008. Written Answers

Minister for Finance (Deputy Brian Lenihan): I refer the Deputy to a reply given to Deputy Joan Burton on 30 September 2008 (No. 232), in which the details of bonus payments received in my Department were provided for the years 2006 and 2007. In addition, the following are the details of bonus payments in my Department to date in 2008:

Assistant Secretary Awards:

• 13 people received a total of \177,000 (this includes the Chief Medical Officer; the CEO of the Public Appointments Service and the Commissioner of Valuation).

Merit Awards:

• 208 Individuals and 9 groups received a total of \64,448.

Ex-Gratia Payments:

• 2 people received a total of \9,200.

Exchequer Expenditure. 219. Deputy Leo Varadkar asked the Minister for Finance if he will explain the apparent conflict between his statement in Da´il E´ ireann on 14 October 2008 that in relation to savings of \440 million in 2008 those savings have been achieved and his reply to Parliamentary Ques- tion No. 234 of 21 October 2008 where he stated that specific information on the achievement of these savings in 2008 will have to await the end of the year when provisional out turn figures will first become available. [37374/08]

Minister for Finance (Deputy Brian Lenihan): There is no conflict in these replies. As I indicated in my reply to Parliamentary Question No. 234 of 21 October, 2008 on the basis of aggregate forecast outturns published in the 2009 Budget Volume, and taking into account specific offsetting expenditure pressures in some areas, I anticipate that the underlying savings targets for 2008 announced last July will be realised in full. This is quite consistent with my Financial Statement to Da´il E´ ireann on 14 October 2008. I also indicated in my reply that specific subhead-by-subhead outturn data reflecting the actual achievement of these savings will not be available until after the end of the year. Provisional outturn data will be published as normal in the 2009 Revised Estimates Volume.

220. Deputy Leo Varadkar asked the Minister for Finance if he will provide a detailed breakdown of the \260 million payroll savings which he referred to in his Da´il E´ ireann state- ment of 14 October 2008; and if he will make a statement on the matter. [37375/08]

Minister for Finance (Deputy Brian Lenihan): The \1 billion target for efficiency and other savings in 2009, as announced by the Government on 8 July 2008, included savings of \190 million in civil and public service pay. In my Budget Statement, I stated that pay savings of \260 million would in fact be achieved. This is demonstrated in Table A, which shows, in the first column of figures, the 2008 Revised Estimates Volume pay baseline as adjusted for the cost of pay increases due under the Towards 2016 Partnership Agreement in 2009, and in the second column, the actual 2009 allocation for each Ministerial Vote Group as set out in the 2009 Budget Estimates, exclusive of certain pay pressures. The third column shows the payroll saving of \262.265 million on this basis.

367 Questions— 29 October 2008. Written Answers

[Deputy Brian Lenihan.]

The specific 2009 pay pressures, which were also outlined in my Budget Statement, consist of some \224 million for the full year cost of additional teachers and Special Needs Assistants taken on this year and some \170 million in the Health area made up of \140 million for the new consultants contract and \30 million that is required for Industrial Relations settlements. Adding back these pay pressures gives the total Pay allocations for each Ministerial Vote Group consistent with the 2009 Budget Estimates.

2009 Payroll Saving

2008 REV Pay 2009 Pay Payroll Saving Add back 2009 Pay Baseline — Allocations excl. specific pressures Allocations in Adjusted specific pressures Budget

\000 \000 \000 \000 \000 VOTE GROUP (1) (2) (3)=(1)−(2)

Finance 555,116 533,588 21,528 533,588 Taoiseach’s 103,199 102,413 786 102,413 Justice 1,677,417 1,627,009 50,408 1,627,009 Environment 119,510 115,204 4,306 115,204 Education 5,677,726 5,593,235 84,491 224,000 5,817,235 CR&GA 49,129 47,073 2,056 47,073 Foreign Affairs 110,791 107,391 3,400 107,391 CE&NR 54,720 55,354 −634 55,354 Agriculture 345,143 333,785 11,358 333,785 Transport 69,818 68,040 1,778 68,040 Health 8,065,847 8,019,263 46,584 170,340 8,189,603 E,T&E 351,320 340,592 10,728 340,592 AS&T 88,353 85,653 2,700 85,653 Defence 610,561 589,158 21,403 589,158 SFA 226,096 224,724 1,372 224,724

Total 18,104,747 17,842,482 262,265 394,340 18,236,822

Voluntary Sector Funding. 221. Deputy Dan Neville asked the Minister for Health and Children if she will make a statement on a matter (details supplied). [37024/08]

229. Deputy Dan Neville asked the Minister for Health and Children if she will make a statement on a matter (details supplied). [37025/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I pro- pose to take Questions Nos. 221 and 229 together. The Deputy will be aware that funding for health services has been provided as part of the Executive’s overall vote for health and personal social services in 2008. The allocation of resources is a matter for the Executive in accordance with the overall priorities for particular services as set out in its Service Plan and the organisation the Deputy refers to should contact the Local Health Office to discuss this matter. My Department also provides funding to voluntary organisations under a National Lottery funded grant scheme. This funding is discretionary. Applications for funding are received from individuals, groups, and organisations with an involvement in the provision of health services 368 Questions— 29 October 2008. Written Answers to specific client groups and national groups providing information and support. Following assessment, evaluation and recommendation applications are considered in the context of the overall level of funds available. The Alzheimer Society of Ireland has been supported by my Department in the past. To date we have not received an application for Lottery Funding from Alzheimer’s Society in West Limerick. Any organisation wishing to avail of funding should complete the standard application form available from my Department.

Services for People with Disabilities. 222. Deputy Jack Wall asked the Minister for Health and Children her views on a submission (details supplied); her plans to address this submission; and if she will make a statement on the matter. [37035/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy is aware, it is custom and practice for a number of organisations, including those in the disability sector, to forward submissions to the relevant Ministers and their Departments both in the run up to and following each Budget. Budget 2009 was framed against the background of challenging economic circumstances. Almost \1 billion is provided each year to non-statutory providers of disability services. In line with the efficiency measures being taken elsewhere in the health system, an efficiency reduction of 1% will be applied to the allocations of non- statutory disability agencies for 2009. It is envisaged that efficiencies will be achieved in non- frontline areas such as advertising, PR, travel and subsistence and management/administrative payroll costs. The Office for Disability and Mental Health will also be conducting a review in 2009 of non- statutory agencies which provide services for persons with disabilities, which will consider issues of structure, overheads, and coherence of and synergies within the sector with a view to assessing the scope for further efficiencies. This exercise will be undertaken with our focus at all times on the needs of those that we serve. In Budget 2009, an additional \10m was allocated to the HSE. This funding will provide for 125 additional therapy posts in the disability and mental health services, targeted at children of school going age. 90 of these additional 125 posts will be provided in the disability service area.

Medical Cards. 223. Deputy Jack Wall asked the Minister for Health and Children her views on a submission (details supplied); her plans to address this submission; and if she will make a statement on the matter. [37036/08]

Minister for Health and Children (Deputy Mary Harney): The Government recently announced, as part of its budget proposals, the withdrawal of automatic entitlement to the medical card from people aged 70 years and over and the introduction of new income thres- holds for entitlement to a medical card for those aged 70 and over of \700 (gross) per week for a single person and \1,400 (gross) per week for a couple. Where an applicant’s income is over the income thresholds, they may still qualify for a medical card if their personal circum- stances cause undue financial hardship. I firmly believe that the Government’s proposals on this issue represent a major improvement on the situation, in the context of the current econ- omic climate and given that under this measure approximately 95% of people aged 70 and over will continue to hold a medical card.

Assisted Human Reproduction. 224. Deputy Joan Burton asked the Minister for Health and Children if she will exempt IVF

369 Questions— 29 October 2008. Written Answers

[Deputy Joan Burton.] treatments from the proposed reduction in tax relief on medical expenses from 41% to 20%; if she has proposals to establish a scheme of State financial assistance for IVF treatments; and if she will make a statement on the matter. [36865/08]

Minister for Health and Children (Deputy Mary Harney): My colleague Mr Brian Lenihan TD, Minister for Finance is responsible for issues that concern tax relief on medical expenses such as those incurred on IVF treatment. Assisted Human Reproduction treatment for medical card holders is not presently funded under a specific national scheme. I am conscious though of the financial burden that such treatment can place on couples, and I have asked my Depart- ment to consider policy in this regard — as part of the process of developing an appropriate regulatory framework for this area.

Ambulance Service. 225. Deputy John O’Mahony asked the Minister for Health and Children the cost to the Health Service Executive of the ambulance service in Dublin provided by Dublin City Council; her views on whether it is value for money; and if she will make a statement on the matter. [36911/08]

Minister for Health and Children (Deputy Mary Harney): For many years Dublin City Council, through Dublin Fire Brigade, has provided the emergency ambulance service in Dublin City on behalf of the statutory health authorities. The relevant authority since 2005 is the Health Service Executive. The HSE provides mainly the non-emergency patient transport in the Dublin area under the auspices of its National Ambulance Service. I am committed to ensuring that ambulance services throughout the country are both safe and effective and that they provide value for money. The arrangements in the Dublin area have been in place for many years. There are potential benefits to be gained from a close alignment of ambulance and fire services, as occurs in Dublin. Equally, a case can be made for applying the model that operates in the rest of the country, where ambulance services are provided separately from the fire service. Work is at present being undertaken by the health and local government sectors to consider the best long-term approach to the provision of emergency ambulance services in Dublin. This includes examination of the potential for improved efficiency in the delivery of these services, to ensure that the best value for money is obtained. Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all services, including ambulance services, has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to advise the Deputy on the cost of the service provided on its behalf by Dublin City Council. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy.

Medical Cards. 226. Deputy Deirdre Clune asked the Minister for Health and Children the criteria she uses to establish eligibility for a medical card based on medical reasons; and if she will make a statement on the matter. [36933/08]

Minister for Health and Children (Deputy Mary Harney): When a person’s means are in excess of the relevant income guidelines, the Health Service Executive may issue a medical card on a discretionary basis, having considered if the applicant would otherwise be caused

370 Questions— 29 October 2008. Written Answers undue hardship in providing general medical and surgical services for themselves and their dependants.

227. Deputy Bernard J. Durkan asked the Minister for Health and Children the position in relation to an application for a medical card in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [36965/08]

Minister for Health and Children (Deputy Mary Harney): As the Health Service Executive has the operational and funding responsibility for the medical card benefit, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Voluntary Sector Funding. 228. Deputy Brian Hayes asked the Minister for Health and Children if her attention has been drawn to the fact that the budget of an association (details supplied) was cut by the Health Service Executive in 2008; and if she has proposals to remedy this funding shortfall; and if she will make a statement on the matter. [37013/08]

Minister for Health and Children (Deputy Mary Harney): Under the Health Act 2004, responsibility for the funding of voluntary organisations which are involved in the provision of health and personal social services rests with the Health Service Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the specific matter investigated and to have a reply issued directly to the Deputy.

Question No. 229 answered with Question No. 221.

Adoption Services. 230. Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for inter-country adoption by persons (details supplied) in County Kildare; and if she will make a statement on the matter. [37032/08]

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

Medical Cards. 231. Deputy Jack Wall asked the Minister for Health and Children the reason a child (details supplied) in County Kildare with Down’s syndrome is not entitled to a medical card; and if she will make a statement on the matter. [37038/08]

Minister for Health and Children (Deputy Mary Harney): The assessment of eligibility for medical cards is statutorily a matter for the Health Service Executive (HSE) and is determined following an examination of the means of the applicant and his/her dependants. Under Section 45 of the Health Act, 1970 medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants.

371 Questions— 29 October 2008. Written Answers

[Deputy Mary Harney.]

In assessing an application for a medical card on behalf of a child, the HSE uses guidelines based on the means of the child’s parent(s)/guardian(s), which includes their income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to work. The assessment process also takes account of other factors, such as medical or social need, which may impact on their ability to meet the cost of GP services. As the Health Service Executive has the operational and funding responsibility for the medi- cal card benefit, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Child Care Services. 232. Deputy Jan O’Sullivan asked the Minister for Health and Children the way a person can avail of child care subvention if there is no community child care facility in their neighbour- hood or within a reasonable distance from their home; if, in those circumstances, they can use the subvention in a private facility which is willing to accept it; and if she will make a statement on the matter. [37040/08]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware, I have responsibility for the National Childcare Investment Prog- ramme 2006-2010 (NCIP) under which the Community Childcare Subvention Scheme (CCSS) is being implemented. The CCSS, which has an allocation of \154.2 million over 2008 — 2010, came into effect in January this year replacing the previous support scheme which was implemented under the Equal Opportunities Childcare Programme 2000-2006 (EOCP). The main supports which are made available to parents to support them with their childcare costs are Child Benefit and the Early Childcare Supplement. These payments are universal and benefit all parents, regardless of their income, labour market status or the type of childcare they choose. The CCSS and the previous EOCP support scheme target additional funds to support community-based childcare services to enable them to charge reduced childcare fees to parents who qualify as disadvantaged or low income. Services qualify for grant aid on the basis of the level of service they provide and the profile of the parents benefiting from their service. There are no proposals at present to extend the scheme to private childcare providers. The Government is continuing to support the further development of childcare services, in particular community-based services. \358 million has been allocated to the NCIP capital programme and, since its introduction in January 2006 more than 370 capital grants have been approved in respect of 337 community-based childcare services throughout the country.

Medical Cards. 233. Deputy Richard Bruton asked the Minister for Health and Children if persons over 70 years who lose their medical card as a result of the means test will be required to pay the 2% health levy. [37055/08]

Minister for Health and Children (Deputy Mary Harney): The Health Contribution was introduced by virtue of the Health Contributions Act 1979 and came into effect on 6 April of that year. The contributions are levied on income at a percentage rate set in pursuance of the Health Contributions Act and are paid over to the Minister for Health and Children in respect of the Vote for the Health Service Executive. The current rate of contribution is 2% of gross income up to \1,925 per week or \100,100 per annum and 2.5 % on the balance of income in

372 Questions— 29 October 2008. Written Answers excess of those amounts in a contribution year. Subject to exemptions, the rate of contribution is applicable to all persons over the age of sixteen with reckonable income, earnings or emoluments. The exemptions, as outlined in Section 11 of the Act, are those whose income does not exceed \26,000 per annum, those who are fully eligible for health services as set out in Section 45 of the Health Act 1970 (i.e. medical cardholders in this State, including those workers covered under EC Regulation 1408/71), recipients of a Social Welfare Widow’s/Widower’s Pension, One-parent Family Payment or Deserted Wife’s Benefit/Allowance, as well as those in receipt of a Widow’/Widower’s pension acquired under the social security legislation of an EU member State. I have already made a commitment to exempt all persons over 70 years of age from paying the health contribution and I will be bringing forward legislation in the near future to give effect to that commitment.

Health Services. 234. Deputy Paul Connaughton asked the Minister for Health and Children if her attention has been drawn to the anxieties felt by a group (details supplied) in County Galway regarding the effect that some of the budget 2009 cutbacks will have on the provision of speech and language therapists, the insufficient respite care services and other such matters; and if she will make a statement on the matter. [37059/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): In Budget 2009, an additional \10m was allocated to the HSE. This funding will provide for 125 additional therapy posts in the disability and mental health services, targeted at children of school going age. 90 of these additional 125 posts will be provided in the disability service area. The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Service Staff. 235. Deputy Enda Kenny asked the Minister for Health and Children the number of area medical officers in the Dublin area; the number of vacancies for such positions that exist; and if she will make a statement on the matter. [37068/08]

Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is therefore the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Service Allowances. 236. Deputy Enda Kenny asked the Minister for Health and Children the waiting list time for applications for domiciliary care allowance to be assessed; and if she will make a statement on the matter. [37069/08]

373 Questions— 29 October 2008. Written Answers

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

Health Services. 237. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she will ensure that the Health Service Executive authorises the release of the funding necessary to allow the parents of a person (details supplied) in , a patient in Our Lady’s Hospital for Sick Children in Crumlin, to care for them at home with all necessary assistance from the health services. [37085/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

238. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the health service entitlements, including hospital services, of a child of a parent working and paying tax and PRSI in this jurisdiction but living in the Six Counties; and if she will make a statement on the matter. [37086/08]

Minister for Health and Children (Deputy Mary Harney): Regulation (EC) 1408/71 provides for the coordination of social security systems, including healthcare, among EU member states, with the aim of ensuring the free movement of persons. It provides, inter alia, that persons and their dependents, who are employed in one member state and residing in another are entitled to receive healthcare provided by the state of residence, as though they were covered by that member state’s health system, with the cost to be borne by the member state of employment. Persons residing in Northern Ireland but who are employed in this state and who return to Northern Ireland every day or at least once a week are classed as frontier workers under the Regulation. The Regulation entitles such persons to access healthcare in either jurisdiction. However, their dependents are treated in the same way as the dependents of other persons employed in one member state and residing in another, i.e. they are entitled to receive healthcare in their country of residence only.

Medical Cards. 239. Deputy John Deasy asked the Minister for Health and Children the steps she will take to determine the income level of current holders of the over 70 years medical card after 1 January 2009; her plans to instigate sanctions against those who refuse to give up their card and are above the income threshold but have not informed the Health Service Executive; and if she will make a statement on the matter. [37249/08]

Minister for Health and Children (Deputy Mary Harney): The Government recently announced, as part of its budget proposals, the withdrawal of automatic entitlement to the medical card from people aged 70 years and over and the introduction of new income thres- holds for entitlement to a medical card for those aged 70 and over of \700 (gross) per week

374 Questions— 29 October 2008. Written Answers for a single person and \1,400 (gross) per week for a couple. Legislation, which will give effect to these changes, will be enacted before the end of 2008 and will come into effect on 1st January 2009. The arrangements set out in the legislation will provide that persons aged 70 and over who automatically acquired their medical card on age grounds before 31st December 2008 will self- assess for medical card eligibility. I consider it important that the eligibility criteria are as user friendly as possible so for that reason gross rather than net income will be used for self- assessment purposes. The legislation will include appropriate provisions in respect of persons who do not advise the HSE that their income is above the specified thresholds.

240. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children the full income guidelines that will apply to applicants for a medical card in 2009. [37257/08]

Minister for Health and Children (Deputy Mary Harney): The full income guidelines that will apply to applicants for a medical card as of the 1st January 2009 in respect of persons under 70 years of age and persons aged 70 and over are set out in tabular form below. It should be noted that my Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this exercise, a review of the assessment criteria for medical cards in the context of financial, medical and social need is being undertaken and is expected to be com- pleted within the next few months.

Medical Card Income Thresholds for Applicants aged 70 & Over (Effective from 01-01-2009)

Medical Card Weekly Rate 01/01/2009

\

Single Person Aged 70 and over 700.00 Married Couple Aged 70 and over 1,400.00

Persons whose income is above \700 per week (gross) for a single person and \1,400 per week (gross) for a married couple and whose circumstances are such that it would cause them undue hardship to provide medical and surgical services for themselves, may be considered for a medical card on a discretionary basis. Income from Savings/Investments/Property Any savings up to \36,000 (single) / \72,000 (couple) will be disregarded and only interest from savings above these figures will be considered as income for means testing purposes. Income will not be imputed from property (whether a family home, a holiday home or any other property) for means testing purposes, unless it is rented and only the net rental income will be included as income. The income to be assessed will be the gross income, less any cost necessarily incurred associated with the property and such cost may include insurance premia, loan/mortgage repayments, maintenance, etc. Only dividend payments will be considered as income for means testing purposes in the context of shares and investments.

375 Questions— 29 October 2008. Written Answers

[Deputy Mary Harney.] Medical Card / GP Visit Card Income Thresholds for Applicants under 70 Years of Age

Medical Card Weekly GP Visit Card Rate 01/01/2009 Weekly Rate 01/01/2009

\\

Single Person Living Alone Aged up to 65 years 184.00 276.00 Aged between 66-69 years 201.50 302.00

Single Person Living with Family Aged up to 65 years 164.00 246.00 Aged between 66-69 years 173.50 260.00

Married Couple Aged up to 65 years 266.50 400.00 Aged between 66-69 years 298.00 447.00

Allowances Allowance for first 2 children under 16 years financially 38.00 57.00 dependent on applicant For 3rd and subsequent children under 16 years financially 41.00 61.50 dependent on applicant Allowance for first 2 children over 16 years financially dependant 39.00 58.50 on applicant For 3rd and subsequent children over 16 years financially 42.50 64.00 dependent on applicant For a dependant over 16 years in full-time education and not 78.00 117.00 grant-aided

OTHER ITEMS CONSIDERED In assessing if a person qualifies for a Medical Card or a GP Visit Card, the HSE must have regard to the person’s overall financial situation and not just their income. The assessment of eligibility for medical cards will be based on the combined income of the applicant and spouse (if any) after tax and PRSI have been deducted Applicants whose weekly incomes are derived solely from Social Welfare or Health Service Executive allowances/payments, which are in excess of the Financial Guidelines (either at first application or renewal) will be granted a medical card. Additional guideline allowances will be given for:

• Reasonable expenses incurred in respect of rent/mortgage payments;

• Reasonable expenses incurred in respect of childcare costs;

• Reasonable expenses incurred in travel to work.

Expenditure in relation to medical costs will be considered. In respect of savings and investments, the first 36,000 for a single person and 72,000 in respect of a couple is disregarded when determining income. If an applicant’s income is over the guidelines they may still qualify if their personal circum- stances cause undue financial hardship. 376 Questions— 29 October 2008. Written Answers

241. 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. [37271/08]

Minister for Health and Children (Deputy Mary Harney): As the Health Service Executive has the operational and funding responsibility for the medical card benefit, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

242. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [37272/08]

Minister for Health and Children (Deputy Mary Harney): As the Health Service Executive has the operational and funding responsibility for the medical card benefit, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Services. 243. Deputy Mary O’Rourke asked the Minister for Health and Children if she will review the case of a person (details supplied) in County Westmeath. [37289/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Nursing Home Subventions. 244. Deputy James Reilly asked the Minister for Health and Children the details of the different types of subvention available to people in nursing home care; and if she will make a statement on the matter. [37291/08]

246. Deputy James Reilly asked the Minister for Health and Children the number of people on waiting lists for enhanced subvention per county; if she will put forward a new scheme for enhanced subvention; and if she will make a statement on the matter. [37293/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I pro- pose to take Questions Nos. 244 and 246 together. The existing Nursing Home Subvention Scheme is governed by the Health (Nursing Homes) (Amendment) Act, 2007. The Act provides for two different types of subvention, a) basic subvention and b) enhanced subvention. Under the Act, the maximum amount for basic sub- vention is \300 per week. However, there is no maximum amount set for enhanced subvention. The amount paid is at the discretion of the Health Service Executive (HSE) and will vary depending on the following criteria:

• the assessed means of the applicant,

377 Questions— 29 October 2008. Written Answers

[Deputy Ma´ire Hoctor.]

• the cost of care in the individual case compared to the level of fees in the locality,

• the amount of basic subvention payable,

• the amount of resources available for the scheme,

• the need for the HSE to ensure that the available resources are distributed in a way that supports applicants as evenly as possible across the country.

In order to qualify for a subvention, an individual must be:

(a) sufficiently dependent to require maintenance in a nursing home, and

(b) unable to pay any or part of the cost of maintenance in the home.

In order to determine this, they must undergo a means assessment which takes account of their income and assets. On the 9th October last, the Minister published the Nursing Homes Support Scheme Bill 2008. It is her intention to bring the legislation through the Houses of the Oireachtas as soon as possible with a view to implementing the scheme in 2009. The Nursing Homes Support Scheme will ultimately replace the existing Subvention Scheme. There are no plans to alter the system of enhanced subvention in the interim. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to answer the Deputy’s query on the number of people on waiting lists for enhanced subvention per county. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

245. Deputy James Reilly asked the Minister for Health and Children the number of people receiving subvention per county; the number of people receiving enhanced subvention per county; and if she will make a statement on the matter. [37292/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 246 answered with question No. 244.

247. Deputy James Reilly asked the Minister for Health and Children the number of people in public nursing home care and private nursing home care; and if she will make a statement on the matter. [37294/08]

248. Deputy James Reilly asked the Minister for Health and Children the number of public and private long-term care nursing home beds; and if she will make a statement on the matter. [37295/08]

378 Questions— 29 October 2008. Written Answers

249. Deputy James Reilly asked the Minister for Health and Children the number and per- centage of people in private nursing home care who receive subvention; the number of people in private nursing home care who pay for private care wholly themselves; the number of people in private nursing home care in private beds paid for by the Health Service Executive; and if she will make a statement on the matter. [37296/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I pro- pose to take Questions Nos. 247 to 249, inclusive, together. There are almost 8,500 public long-term residential care beds and approximately 17,600 private long-term residential care beds at present. Taking occupancy rates into account, this equates to approximately 7,700 public long-term residents and approximately 15,200 private long-term care residents. Of the private long-term care residents, approximately 8,700 are in receipt of basic subvention and approximately 5,000 of these people are also in receipt of enhanced subvention. A further 3,000 private long-term care residents are in beds that have been contracted by the Health Service Executive. The balance pay their nursing home fees privately.

250. Deputy James Reilly asked the Minister for Health and Children the amount of money allocated to the implementation of the fair deal in 2008; the amount of money allocated in 2009 once funding redirected from the fair deal to meet competing budgetary pressures in the Health Service Executive is considered; the funding available to the implementation of the fair deal; the number of people catered for under this financial allocation; and if she will make a state- ment on the matter. [37297/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Budget 2008 provided \110 million for the implementation of the Nursing Homes Support Scheme, A Fair Deal. My colleague, the Minister for Health and Children, and I are conscious of the effect that the unavoidable and unforeseen delays in implementing Fair Deal are causing to some older people and their families. In order to alleviate the financial pressure for older people and their families, \13 million has been allocated from the additional monies provided in Budget 2008 for the provision of 200 contract beds. Approval has also been given to the HSE to utilise a further \12 million in meeting costs associated with nursing home subventions and existing contract beds. This brings to \25 million the total funding redirected from the Nursing Homes Support Scheme and committed to nursing home supports in 2008. The intention is that the balance of the \110 million will be used to meet certain other additional costs facing the health services this year, as part of the budgetary consolidation measures announced by the Government last July. Budget 2009 provided \55 million for the implementation of the Nursing Homes Support Scheme next year. This brings the total funding in the subhead for long-term residential care to \909 million. The scheme will be introduced, in the context of this funding allocation, once the legislation has been passed and the Act commenced. With regard to the number of people that this allocation will cater for, this will be contingent on several factors including the timeframe for the passing of the legislation underpinning the scheme and commencement of the Act, the cost of nursing home care, the number of new nursing homes that open and the number of existing residents that opt to switch from the Subvention Scheme to the Nursing Homes Support Scheme.

Food Safety. 251. Deputy Denis Naughten asked the Minister for Health and Children when the Food

379 Questions— 29 October 2008. Written Answers

[Deputy Denis Naughten.] Safety Authority of Ireland last performed an audit to determine compliance with food label- ling and traceability requirements; the conclusions drawn from such an audit; the plans to perform a further audit; and if she will make a statement on the matter. [37305/08]

Minister of State at the Department of Health and Children (Deputy Mary Wallace): Responsibility for the enforcement of labelling and traceability legislation rests with the Food Safety Authority of Ireland (FSAI) and its official agents, which include the Health Service Executive, the Department of Agriculture, Fisheries and Food, the Local Authorities and the Sea Fisheries Protection Authority. The Food Safety Authority of Ireland conducted an audit to determine compliance with food labelling and traceability in a number of food businesses in 2006. The audit identified non-compliance of the labelling and traceability legislation ranging from single breaches to breaches of a number of specific requirements. In order to address these non-compliances, the food business operators were requested to take corrective action. In addition, the official agencies responsible for supervision of these food businesses undertook additional visits and inspections to ensure that the breaches of the legislation were corrected. Serious breaches of legislation resulted in prosecutions being initiated by the FSAI, or the official agency in conjunction with the FSAI. A number of legal actions are currently before the Courts. The Food Safety Authority of Ireland has confirmed that as checks on labelling and traceability take place regularly as part of the routine inspection of food businesses carried out by the official agents no further audit by the FSAI is planned at this time.

Nursing Homes Repayment Scheme. 252. Deputy Noel J. Coonan asked the Minister for Health and Children when an application for the health repayment scheme will be issued to a person (details supplied) in County Tipperary; the reason for the delay in processing this application; and if she will make a state- ment on the matter. [37332/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

253. Deputy Noel J. Coonan asked the Minister for Health and Children when an application for the health repayment scheme will be issued to a person (details supplied) in County Tipperary; the reason for the delay in processing this application; and if she will make a state- ment on the matter. [37333/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Vaccination Programme. 254. Deputy Michael Creed asked the Minister for Health and Children the position regard- ing the Oireachtas report on child immunisation of July 2001 which recommended that a com- pensation scheme be established; the number of submissions received on this subject arising

380 Questions— 29 October 2008. Written Answers from the public invitation issued in August 2007 and the report of the steering committee established by her to look at and examine the link between vaccination and brain damage; and if she will make a statement on the matter. [37340/08]

Minister for Health and Children (Deputy Mary Harney): The Vaccine Damage Steering Group was established by my Department to examine this issue. The Group includes represen- tatives from the Department of Health and Children, the Health Service Executive, the Irish Medicines Board and the State Claims Agency. 125 submissions were received following a public invitation in the national press in August 2007. I understand that the Vaccine Damage Steering Group is at an advanced stage of finalising its consideration of this matter and I expect to receive its report and recommendations very shortly.

Departmental Staff. 255. Deputy Joe Carey asked the Minister for Health and Children the amount paid in bonuses to anyone under the jurisdiction of her Department for the years 2006, 2007 and 2008; and if she will make a statement on the matter. [37361/08]

Minister for Health and Children (Deputy Mary Harney): The following is the position in relation to my Department. The Performance Related Awards Scheme (PRA) was introduced following a decision by the Government on the implementation of the Review Body on Higher Remuneration in the Public Sector. Performance awards are made by my Department under the PRA to Deputy and Assistant Secretaries and equivalent grades. The operation of the scheme is overseen by the Committee for Performance Awards (CPA) and its latest report (2007), detailing the background and operation of the scheme, is available at htttp://www.finance.gov.ie/documents/publications/reports/2008/cpareport07final.pdf. At the end of a review period (year end) the Secretary General assesses the performance of each officer against the agreed objectives and makes a recommendation to the CPA in relation to payment of an award. In addition an Exceptional Performance Award scheme is open to staff at Principal Officer level and below. The information requested by the Deputy, relating to staff in my Department, under the schemes mentioned above, is set out in the following table.

Year Performance Related Exceptional Performance Exceptional Performance Award (Individual) (Group)

\\\ 2006 100,000 4,000 2,100 2007 123,000 No awards made No awards made 2008 * Scheme under review Scheme under review *The awards for 2008 will not be made until after year end.

The following is the position in relation to bodies under the jurisdiction of my Department. Performance related award schemes are currently in operation in respect of chief executive officer posts in five non-commercial state sponsored bodies under the auspices of my Depart- ment, senior management grades in the Health Service Executive, the chief executive officers and deputy chief executive officers in the Dublin Area Teaching Hospitals and the chief execu- tive officers of the voluntary hospitals. The awards made to eligible individuals are solely a matter for the Board of the particular agency, and must be in accordance with the principles set out by the Review Body. In this regard, awards should be related to the achievement of highly demanding and challenging targets and stretched objectives which are difficult, but not 381 Questions— 29 October 2008. Written Answers

[Deputy Mary Harney.] impossible, to achieve. These targets should be set beyond what is seen as the normal ongoing requirements of the job. A total of \1.42 million in 2006 and \1.67 million in 2007 was awarded to those eligible to participate in the scheme. The scheme provides for the payment of awards after the year end, when it has been demonstrated that the prior agreed stretched objectives have been met. Accordingly, and as is the case with the scheme operated within my Department, no awards have yet been made in respect of 2008. The chief executive officer of the Health Service Execu- tive is eligible, under his contract of employment, for an annual bonus of up to 25% of his basic salary. In accordance with normal governance arrangements, the HSE Board’s Remuner- ation and Organisation Committee of the HSE is responsible for the operation of the CEO’s bonus. The CEO received \80,000 in relation to 2006. I understand from the HSE, that the award for the CEO in relation to 2007 is still under consideration by the Board of the HSE. The award in relation to 2008 will be considered by the Board in 2009. In addition to the above, a performance related pay scheme for Directors of Nursing Band 1 Hospitals and Directors of Nursing Mental Health Services is also in operation. Total pay- ments made under this particular scheme amounted to \341,232 in respect of 2006 and \348,596 in respect of 2007.

Health Services. 256. Deputy Michael McGrath asked the Minister for Health and Children if a public nursing home bed will be provided for a person (details supplied) in County Cork. [37399/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular case raised by the Deputy. The Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Mental Health Services. 257. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that not one of the 14 recommendations of A Vision for Change, the blueprint for reform of mental health services published in 2006, has been progressed; and if she will make a statement on the matter. [37415/08]

260. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the progress made to date of each of the recommendations made in A Vision for Change, the blueprint for reform of mental health services published in 2006; and if she will make a statement on the matter. [37418/08]

262. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if the Health Service Executive has produced to her the delivery plan for the recommendations contained in A Vision for Change, the blueprint for reform of mental health services published in 2006, as was to happen in June 2008; and the reason for the delay. [37420/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 257, 260 and 262 together.

382 Questions— 29 October 2008. Written Answers

Implementation of the Report of the Expert Group on Mental Health Policy, ‘A Vision for Change’ is primarily the responsibility of the Health Service Executive. Earlier this year, the HSE approved an Implementation Plan which sets out six key priorities for 2008 and 2009. They include:

• Catchment Area Definition and Clarification

• Modernisation of the Mental Health Infrastructure

• Community Based Mental Health Teams

• Child and Adolescent Mental Health Teams

• Mental Health Services for People with Intellectual Disability

• Mental Health Information Systems

A more detailed implementation plan for the period 2009 and beyond is being developed by the HSE and will be submitted to me before the end of this year. In January 2008, the Office for Disability and Mental Health was established. The Office will bring a new impetus to the implementation of the Report through working in partnership with the HSE and other stake- holders to achieve implementation of agreed targets.

258. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the person in the Health Service Executive who has budgetary responsibility for mental health services. [37416/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The budget for services is determined in accordance with the National Service Plan which is approved by the Board of the Health Service Executive and submitted to the Minister for Health and Children for approval. It is a matter for the management of the HSE to implement the service plan which would include the management of the budget for the mental health service.

259. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the way decisions regarding funding of mental health services are reached in the Health Service Execu- tive. [37417/08]

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

Question No. 260 answered with Question No. 257.

261. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children when the roll- out of community based and people centred mental health services will be fully complete; and if she will make a statement on the matter. [37419/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): Oper- ational responsibility for the management and delivery of health and personal social services

383 Questions— 29 October 2008. Written Answers

[Deputy John Moloney.] was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 262 answered with Question No. 257.

Suicide Incidence. 263. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if she will guarantee that the suicide prevention national strategy Reach Out is properly funded to deliver on the commitments in that report to begin to properly tackle suicide incidence here, believed to be nearly 600 a year. [37421/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): Since the establishment in 2005 of the National Office for Suicide Prevention (NOSP), additional funding of \3.55 million has been provided for the implementation of ‘Reach Out’, the National Strategy for Action on Suicide Prevention. This brings the total funding available to support suicide prevention initiatives to \8 million in 2008. The NOSP has an annual budget of \4.5 million which is used to develop and implement national training programmes, implement awareness campaigns and progress actions identified in the All-Island Action Plan for Suicide Prevention. Other suicide prevention initiatives, which include the funding for dedicated suicide resources officers, deliberate self-harm response nurses in A&E departments, funding to local voluntary groups etc, are delivered and funded directly by the HSE. In addition, Dormant Accounts Fund, which is managed by the Department of Community, Rural and Gaeltacht Affairs, allocated \1 million in 2008 for community-based initiatives in the area of suicide prevention. Funding of \1 million will also be provided in 2009 for suicide prevention initiatives.

Mental Health Services. 264. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children when a direc- torate of mental health will be established. [37422/08]

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 recommends the establishment of a National Mental Health Service Directorate. The Health Service Execu- tive has primary responsibility for implementing the recommendations of ‘A Vision for Change’ and is therefore the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

265. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the reason only two of the promised 300 mental health centres State-wide have their full complement of staff; and the steps she is taking to address this shortfall in staffing levels. [37423/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the

384 Questions— 29 October 2008. Written Answers appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

266. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that 50% of the psychology posts in mental health services remain unfilled due to the Health Service Executive embargo; and if she will make a statement on the matter. [37424/08]

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

267. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if her attention has been drawn to the recent mental gap action programme, October 2008, from the World Health Organisation (details supplied); and if she will make a statement on the matter. [37425/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The WHO programme to which the Deputy refers is concerned with the treatment gap for mental disorders in the developing world. In this country, substantial resources have been invested in mental health in recent years. Since 1997, expenditure on mental health services has trebled from \326 million to \984 million in 2006. In 2007, an estimated \1 billion was spent on these services, which equates to 7.7% of total health expenditure. This amount only reflects expendi- ture on specialist mental health services. Some 90% of public mental health services are pro- vided at primary care level. Expenditure on these services is not captured in the figure of 7.7%. Our policy for mental health is outlined in ‘A Vision for Change,the Report of the Expert Group on Mental Health Policy, which was launched in January 2006 and which provides a framework for action to develop modern, high quality mental health services over a seven to ten year period. A total of \51.2 million has been allocated since 2006 for the development of mental health services in line with the Report. Implementation of ‘A Vision for Change’ is dependent to a much greater extent on the remodelling of existing resources than on new additional funds. Additional investment must be phased in parallel with the reorganisation of mental health services and resources. Funding will be provided in 2009 for 35 additional therapy posts for child and adolescent mental health services. In addition, once-off funding of \1.75m in total is being provided for suicide prevention initiatives and for mental health projects supporting service users and carers.

Health Services. 268. Deputy David Stanton asked the Minister for Health and Children if she will arrange for a home care package to be put in place in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [37447/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall

385 Questions— 29 October 2008. Written Answers

[Deputy Mary Harney.] Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

269. Deputy Bernard J. Durkan asked the Minister for Health and Children when provision will be made for night-time nursing home care to enable the parents of a person (details supplied) in County Kildare to bring them home from hospital; and if she will make a statement on the matter. [37565/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Service Allowances. 270. Deputy Bernard J. Durkan asked the Minister for Health and Children if domiciliary care allowance or carer’s allowance is payable in the case of a person (details supplied) in County Kildare. [37585/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): Carer’s Allowance is administered by the Department of Social and Family Affairs. Domiciliary Care Allowance (DCA) is a monthly allowance administered by the Health Service Executive (HSE). Eligible children who are living at home and who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age may qualify for DCA. The condition must be likely to last for at least one year. Eligibility is determined primarily by reference to the degree of additional care and attention required by the child rather than to the type of disability involved, subject to the means test. While no condition is debarred, conditions such as Asthma, Diabetes or Epilepsy are not normally considered unless there is a very high degree of additional care and attention required. The parent concerned can make enquiries and apply for the allowance at their local HSE office Poplar House, Poplar Square, Naas, County Kildare.

Health Services. 271. Deputy Bernard J. Durkan asked the Minister for Health and Children when physio- therapy will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37586/08]

Minister for Health and Children (Deputy Mary Harney): As the Health Service Executive has the operational and funding responsibility for Primary Care services, including physio- therapy services, it is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Road Network. 272. Deputy Billy Timmins asked the Minister for Transport if he has received an application

386 Questions— 29 October 2008. Written Answers for funds from Wicklow County Council in respect of a project (details supplied) in County Wicklow; and if he will provide the funding as a matter or urgency. [36864/08]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads in its area is a matter for the relevant local authority, to be funded from its own resources supplemented by State grants. The selection of works to be funded from these grants is also a matter for the local authority. In August this year applications were invited for consideration for funding under the 2009 Specific Grant Scheme. The initial selec- tion of projects to be submitted for consideration for funding under this scheme is solely a matter for local authorities. The proposals submitted by Wicklow County Council did not include an application for grant aid for Ballysmuttan Bridge.

Public Transport. 273. Deputy Fergus O’Dowd asked the Minister for Transport the nature of complaints received by his Department from a company (details supplied) into competition issues with a State operator; the steps his Department has taken since receiving the complaints; the action he will take to address the complaints; and if he will make a statement on the matter. [36949/08]

280. Deputy Ciara´n Lynch asked the Minister for Transport if his attention has been drawn to the imminent cessation of a bus route (details supplied) between Galway and Cork via Limerick; his views on the allegations of unfair competition by the operation of unscheduled Bus E´ ireann services on the same route; and if he will make a statement on the matter. [37301/08]

286. Deputy Michael Noonan asked the Minister for Transport if his attention has been drawn to the fact that the Galway to Cork bus route via Limerick which is operated by a company (details supplied) is being discontinued; the steps he is taking to ensure competition on this route; and if he will make a statement on the matter. [37563/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 273, 280 and 286 together. The Road Transport Act, 1932, provides the statutory basis for regulating the provision of public bus services by private bus operators. In accordance with the legislation, private bus operators apply to my Department for licences to operate scheduled bus passenger services within the State. Bus Eireann is not subject to licensing in accordance with the 1932 Act. However, the initiation or alteration of a bus service by the Company is subject to compliance with the necessary regulatory requirement of giving advance notice to my Department and to compliance with the provisions of Section 25 of the Transport Act 1958 concerning competition with licensed private operators. My Department received a complaint from the operator to whom the Deputy refers on 9th September 2008. The details of the nature of the complaint are confidential between the oper- ator and the Department. On receipt of the complaint my Department wrote to the parties relevant to the complaint seeking their observations. That engagement with the parties is ongoing and it would be premature at this stage to make a determination as to the outcome of this matter. It is open to any private operator or either Bus Eireann or Dublin Bus to submit proposals to my Department seeking authorisation to operate bus passenger services. Such proposals are considered on a case by case basis having regard to the relevant legislative code referred to above.

387 Questions— 29 October 2008. Written Answers

274. Deputy Fergus O’Dowd asked the Minister for Transport the number of complaints received from private operators relating to unfair competition from State funded transport companies since 2000; and if he will make a statement on the matter. [36950/08]

Minister for Transport (Deputy Noel Dempsey): Since 2000 my Department has received 22 complaints from licensed private operators in relation to claims of unfair competition by Dublin Bus and Bus Eireann in regard to the operation of their services. Of these 3 are the subject of ongoing correspondence between the Department and the parties involved. All of the other cases have been resolved.

275. Deputy Thomas P. Broughan asked the Minister for Transport the reason he is not seeking to implement the Meath master plan in view of the fact that it is based on an efficient, multimodal transport network that is a lower cost solution and will reduce car use, oil depen- dence and C02 emissions; and if he will make a statement on the matter. [36981/08]

Minister for Transport (Deputy Noel Dempsey): I am aware of the privately produced docu- ment to which the Deputy refers. All such documents are, of course, considered in the develop- ment of transport proposals. In the Meath and surrounding areas, Transport 21, the Govern- ment’s 10 year financial framework for investment in transport infrastructure, provides for two important projects. Both projects will enhance the public transport options for people travelling to or from County Meath. The M3 motorway from Clonee to North of Kells is currently under construction. With a route length of nearly 60 kilometres, it is the longest stretch of new road to be constructed in the State to date and will certainly be of benefit to bus services operating in the corridor. The Navan rail project provides for the re-opening of the rail line from Dublin to Navan in two phases. Phase 1 involves reopening 7.5 kilometres of track from Clonsilla to Pace and the development of a major park + ride facility. An Bord Pleana´la granted a Railway Order in respect of this phase earlier this year and construction is expected to commence by the end of 2008. In addition, Iarnro´ dE´ ireann is currently studying route options in respect of the second phase which will extend the line from Pace to Navan. My Department is also in the process of completing a Sustainable Transport and Travel Action Plan that will, among other things, address the measures necessary to reduce carbon emissions in the transport sector.

Decentralisation Programme. 276. Deputy Pat Breen asked the Minister for Transport his proposals to postpone, pending a review in 2011, the decentralisation of the Irish Aviation Authority headquarters to Shannon; the implications of this decision for the staff transferred to Shannon; and if he will make a statement on the matter. [37020/08]

Minister for Transport (Deputy Noel Dempsey): My Department is due to meet the Depart- ment of Finance in early November to discuss the implications of the recent Government Budget announcement on decentralisation for both this Department and the relevant agencies. No Irish Aviation Authority staff have transferred to Shannon in the context of proposals to decentralise the IAA headquarters to that location.

Rail Services. 277. Deputy Andrew Doyle asked the Minister for Transport if his attention has been drawn to the continuing overcrowding on trains travelling the Dublin to Wexford commuter railway line despite assurances by Iarnro´ dE´ ireann that new trains and additional carriages were avail- able since April 2008; the action he has requested be taken by Iarnro´ dE´ ireann; and if he will

388 Questions— 29 October 2008. Written Answers assure the commitment of his Department and Iarnro´ dE´ ireann to the equitable development of rural rail transport. [37021/08]

Minister for Transport (Deputy Noel Dempsey): The day-to-day operation of train services is a matter for Irish Rail and I have no function in the matter.

EU Directives. 278. Deputy Thomas P. Broughan asked the Minister for Transport if he will report on the proposed changes to the EU sulphur directive especially in terms of proposed changes to regu- lation MARPOL Annex VI; the impact that this change will have on sea transportation between Britain and Ireland; the contacts he has had with his UK and EU counterparts on this issue; and if he will make a statement on the matter. [37054/08]

Minister of State at the Department of Transport (Deputy Noel Ahern): The EU Sulphur Directive, 1999/32/EC as amended by 2005/33/EC, was transposed into Irish law under the Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations, 2008 which were made earlier this year by the Minister for the Environment, Heritage and Local Government. With regard to marine fuels these Regulations prohibit the use or marketing of fuels of sulphur content above prescribed levels, for protection of health and the environment. From 1 January 2010, the tolerance level for marketing of marine gas oil will become stricter. I am not aware of any proposed changes to this Directive which will affect international shipping. Separately, the International Maritime Organization, earlier this month, agreed significant changes to permissible emissions into the air from ships, including sulphur emissions, with provision for a gradual reduction in allowable ship emissions of sulphur oxides (SOx) to be incorporated in a revised MARPOL Annex VI. The revised Annex will bring in global stan- dards that will significantly reduce harmful emissions from ships and will impose some costs on international shipping, including that between the UK and Ireland. It is due to enter into force on July 1, 2010. Regular contact is maintained at official level with UK and EU counter- parts with regard to the managing of all marine pollution prevention matters.

State Airports. 279. Deputy Niall Collins asked the Minister for Transport the position in relation to nego- tiations regarding customs and border patrol pre-clearance between the Irish and US auth- orities; when he will give the go-ahead to Shannon Airport to begin building the new facility for US pre-clearance; if he expects the new facility in Shannon to be operational for the start of summer 2009; and if he will make a statement on the matter. [37267/08]

Minister for Transport (Deputy Noel Dempsey): Significant progress continues to be made between Irish and U.S. officials towards the conclusion of an Inter-Governmental Agreement between our two countries on the introduction of pre-clearance facilities at Dublin and Shannon Airports. When the agreement is in place work will then commence on drafting the necessary legislation, which will be introduced as soon as possible. As I have stated previously it is my hope that the timing of construction of the new CBP facility at Shannon can be aligned with the passage of the legislation to the extent that it is practical and feasible to do so.

Question No. 280 answered with Question No. 273.

Taxi Regulations. 281. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Transport his plans to apply the

389 Questions— 29 October 2008. Written Answers

[Deputy Caoimhghı´nO´ Caola´in.] same criteria for operating a taxi or a hackney to vehicles with more than eight seats and to make them accountable to the taxi regulator. [37317/08]

Minister for Transport (Deputy Noel Dempsey): The licensing of a large public service vehicle, i.e. a public service vehicle having seating passenger accommodation for more than eight persons, exclusive of the driver, is governed by an existing code of regulations made under the Road Traffic Acts. The vehicle licensing regime for large public service vehicles is administered by An Garda Sı´ocha´na. Under the regulations, applicants for large public service vehicles must satisfy the Gardaı´ in relation to a range of criteria including the character and previous conduct of the applicant, the safety and roadworthiness of the vehicle and that the use of the vehicle as a public service vehicle is covered by insurance. The licensing of small public service vehicles, i.e. taxis, hackneys and limousines, is governed by regulations made under the Road Traffic Acts and under the Taxi Regulation Act 2003. The Commission for Taxi Regulation is the licensing authority under that Code. There are no plans to extend the existing remit of the Commission for Taxi Regulation to include large public service vehicles.

Public Transport. 282. Deputy Simon Coveney asked the Minister for Transport if there is funding in the current budget 2009 for a route (details supplied) in County Cork; if so, when he expects work to commence; and if he will make a statement on the matter. [37335/08]

284. Deputy Deirdre Clune asked the Minister for Transport the funding he has provided for green routes, on an itemised basis, under the Cork area strategic plan; the funding he proposes to provide to these schemes; and if he will make a statement on the matter. [37367/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 282 and 284 together. My Department will be seeking proposals from the local authorities in Cork, Galway, Limerick and Waterford for the allocation of Exchequer funds in 2009 towards the cost of bus priority and park and ride measures. I will decide on the allocation of funding to specific projects following discussions with the local authorities. To date, my Department has provided the following funding for Green Routes in Cork.

\

Grange/Frankfield to City Centre 6,997,504 Curraheen/Wilton to City Centre 4,325,756 Mayfield to City Centre 4,329,600 Ballincollig to City Centre 4,500,277 Airport to City Centre 5,094,219 Knocknaheeny/Gurranabraher 3,100,190 Farranree/Blackpool 604,860 Mahon 170,827 Carrigaline /Ringaskiddy 406,522

In regard to these figures I would like to point out that the Airport to City Centre route consists of two Green Routes, according to the CASP, but that these were implemented through one contract. 390 Questions— 29 October 2008. Written Answers

Departmental Staff. 283. Deputy Joe Carey asked the Minister for Transport the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37365/08]

Minister for Transport (Deputy Noel Dempsey): The scheme for performance-related awards in the Civil Service applies to Deputy and Assistant Secretaries and equivalent grades. Details of awards to individual officers under the performance-related scheme are not disclosed on the basis that they are confidential to the officer concerned. However total amounts paid under this scheme to Officers in my Department for the years in question are:

• 2006: \46,800 (in respect of 2005);

• 2007: \64,000 (in respect of 2006);

• 2008: \63,500 (in respect of 2007).

Details of the operation of the scheme, the numbers covered by the scheme and the total amounts paid in Departments, are available in the annual reports of the Committee for Per- formance Awards which can be accessed on the website of the Department of Finance www.fin- ance.gov.ie. Staff remuneration in Commercial and non-Commercial State bodies is a day-to- day matter for each body.

Question No. 284 answered with Question No. 282.

Traffic Management. 285. Deputy Lucinda Creighton asked the Minister for Transport the action that will be taken to decrease the amount of time DART level crossings are closed and blocking traffic (details supplied); and if he will make a statement on the matter. [37560/08]

Minister for Transport (Deputy Noel Dempsey): The management of road traffic at level crossings is a matter for the relevant local authorities in conjunction with Irish Rail and is one in which I have no function.

Question No. 286 answered with Question No. 273.

Visa Applications. 287. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when a decision will be made on a visa application by a person (details supplied). [36884/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The visa application referred to by the Deputy was received in the Visa Office, Dublin on 28 October 2008. It was refused by the Visa Officer on 28 October 2008 for a number of reasons:

1. There was insufficient documentation submitted in support of the application in that the application form had not been fully completed;

2. The evidence of finances shown was deemed insufficient;

3. The obligations to return to the home country were not deemed sufficient;

4. It was the opinion of the Visa Officer that the applicant may not observe the conditions of the visa if granted.

391 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.]

The decision of the Visa Officer may be appealed within two months of the date of decision, in this case before 28 December 2008. Guidelines on making an appeal can be found on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie

Ministerial Transport. 288. Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of State cars in use by Government Ministers and by former Government Ministers; the estimated cost per annum of this service; and if he will make a statement on the matter. [37262/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have requested this information from the Garda authorities and I will contact the Deputy when it is to hand.

Asylum Applications. 289. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied); and if he will make a statement on the matter. [36870/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned applied for asylum in the State on 12 May 2003. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immi- gration Act, 1999 (as amended), the person concerned was informed, by letter dated 6 December 2004, 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 volun- tarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were received from the person concerned at that time. The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When con- sideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been com- pleted, the case file of the person concerned is passed to me for decision.

Prison Committals. 290. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the number of people who have been imprisoned in each of the past ten years for failure to pay a civil debt; his plans to introduce legislation to end this sanction; and if he will make a statement on the matter. [36872/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Statistics on the number of committals to prison custody as a result of failure to comply with a court order in

392 Questions— 29 October 2008. Written Answers relation to the non-payment of a debt are set out in the table. The table covers the years from 2001 to 2007 as figures are not available for the years 1998 to 2000.

Year Total

2001 134 2002 184 2003 221 2004 206 2005 226 2006 194 2007 201

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, figures relating to 24 October, 2008 indicate that less than one third of one percent of the numbers in prison custody fell into this category. Imprisonment for non-payment of debt was abolished by the Debtors (Ireland) Act 1872. However, refusal to pay a contractual debt may amount to civil contempt of court, for which imprisonment may be imposed. This is a civil law matter and the primary remedies available to a complainant, through the Courts, would be enforced performance of the contract or damages. Where a person refuses to obey a court order relating to providing a remedy for contractual default to another person or organisation, imprisonment may be one of a number of remedies ultimately for non-compliance. The imprisonment of such defaulters is very much a last resort. The person will, generally, have been given every opportunity to fulfil the contract or to discharge the debt. There are no proposals in the current Government Legislative Prog- ramme to reform the law in regard to civil contempt and how it might be applied to default of contractual obligations or failure to pay a civil debt.

Residency Permits. 291. Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for long-term residency in respect of persons (details supplied) in County Wexford; and the period of time it will take to complete the processing of same. [36878/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Long Term Resi- dency is an administrative scheme introduced in May 2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authoris- ation / work visa conditions. Such persons may apply to my Department for a five year resi- dency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term resi- dency. While applications for long term residency are under consideration, the person con- cerned should ensure that their permission to remain in the State is kept up to date. An application for long term residency from the first person referred to by the Deputy was received in March 2007. I understand that applications received in January 2007 are currently being 393 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] dealt with. As soon as a decision is made in his case, the person concerned will be notified. The application from his spouse, the second person referred to by the Deputy, will be considered at the same time.

Courts Service. 292. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the introduction of a debt rescheduling service to take debt enforcement cases from the courts; and if he has conducted feasibility studies in relation to same. [36880/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are no immediate proposals to amend the law in relation to recovery of a civil debt, the procedure under which persons may be examined as to their means in the District Court, the system under which the Court may order payment to be made in full or by way of instalment, or the procedure regarding refusal of a court order to pay a civil debt. However, operation of the law is being kept under review in my Department. Moreover, debt enforcement forms part of the work programme of the Law Reform Commission. Government policy in this area is reflected in the significant funding made available to the Money Advice and Budgeting Service (MABS) which provides assistance to people on low incomes who need help to cope with debt problems. There are 53 independent companies nationwide with over 240 money advice staff operating the service. MABS National Telephone Helpline has operated since October 2007. Many voluntary and statutory bodies such as the Society of St Vincent de Paul, the Community Welfare Service, the Credit Union Movement, Citizens Information Centres, Centres for the unemployed and local authorities work closely with the programme.

Citizenship Applications. 293. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform his views on the recent application for naturalisation in the name of a person (details supplied) in County Waterford in view of the fact that the first application in this case was made in May 2004; and if he will make a statement on the matter. [36887/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was first received in the Citizenship Section of my Department in May 2004. On examination of the application it was determined that the person in question did not meet the residency require- ments as set out in the Irish Nationality and Citizenship Act, 1956, as amended. A letter informing her of this was issued on 30 November, 2006. A second application for a certificate of naturalisation from the person concerned was received in the Citizenship Section of my Department in September, 2008. Officials in that Section inform me that the person in question does now meet the statutory residency require- ment. The Citizenship Section are currently processing applications received in June 2006. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The current processing time for applications for certificates of naturalisation is approximately 28 months.

Immigration Statistics. 294. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform

394 Questions— 29 October 2008. Written Answers if he will provide a breakdown of the numbers of the top 20 nationalities registered with the Garda National Immigration Bureau. [36889/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A register of Non- Nationals is maintained by An Garda Sı´ocha´na under Section 9 of the Immigration Act 2004. The following is a break-down of the numbers recorded.

Country Persons

India 16,750 China 14,009 Nigeria 13,930 Philippines 11,905 USA 10,267 Brazil 9,305 Pakistan 6,865 South Africa 5,612 Australia 5,025 Mauritius 4,582 Malaysia 4,048 Ukraine 3,805 Canada 2,800 Bangladesh 2,681 Korea 2,503 Russia 2,443 New Zealand 2,420 Moldova 2,307 Japan 1,603 Congo 1,411

Citizenship Applications. 295. 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. [36940/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials in the Citizenship Section of my Department inform me that, having checked their records, no trace of an application for a certificate of naturalisation from the person referred to in the Deputy’s Question has been found.

Residency Permits. 296. 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 Dublin 11; and if he will make a statement on the matter. [36967/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the Reply to Parliamentary Question No 203 of 25 September, 2008. Representations under Section 3 of the Immigration Act, 1999 are being considered by the relevant officials in my Department, and the person concerned will be advised of the outcome of these considerations in due course. 395 Questions— 29 October 2008. Written Answers

297. 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 Dublin 1; and if he will make a statement on the matter. [36968/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 817 of Wednesday 24 September 2008, and the written Reply to that Question. The person concerned applied for asylum on 27 November 2002. His appli- cation 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 Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 20 September 2004, 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 he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Refugee Status. 298. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for refugee status in the case of a person (details supplied) in Dublin 8; if they can apply for residency at this time; and if he will make a statement on the matter. [36969/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, appli- cations for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Asylum Applications. 299. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in ; and if he will make a statement on the matter. [36970/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, appli- cations for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Residency Permits. 300. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform

396 Questions— 29 October 2008. Written Answers the position in relation to an application for residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [36971/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am pleased to inform the Deputy that a letter was issued to the person in question on 23 October 2008, renewing their permission to remain in the State for an initial 12 month period with effect from 23 October 2008.

301. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the correct procedure to regularise the residency position in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [36972/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials within my Department have conducted an extensive search of the relevant immigration databases, and have been unable to locate any records for the persons concerned. The persons are advised to write to my Department at INIS, PO Box 10003, Dublin 2 setting out their current residency arrangements so that the issue of the regularisation of that position can be examined.

302. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [36973/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named person concerned was granted temporary permission to remain in the State on 14 November 2006, following the consideration of his case under Section 3 of the Immigration Act, 1999 (as amended). This permission was subsequently renewed for one year to 18 November 2008 and the first named person concerned was informed of this decision by letter dated 19 November 2007. This position still obtains. There are no records in my Department of the second, third and fourth named persons concerned having entered or resided in the State. Neither is there any record of the first named person concerned having submitted an application for family reunification. The Deputy might wish to note that the position in the State of the first named person concerned is not such as would confer any statutory entitlement under family reunification provisions.

303. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when stamp four documentation will be returned to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [36974/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am pleased to inform the Deputy that the permission of the person concerned to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, known as the IBC/05 Scheme, has been renewed until 10th August, 2010. This permission to remain only comes into effect following registration with the Garda National Immigration Bureau. I have arranged for officials within my Department to re-issue the letter informing the person of this decision to the address provided by the Deputy.

304. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [36975/08]

397 Questions— 29 October 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named person concerned applied for asylum in the State on 29 July 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. The first named person concerned initiated Judicial Review Proceedings in the , challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the first named person concerned was informed, by letter dated 22 August 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 she should be allowed to remain temporarily in the State. 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 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 Subsidiary Protection application is refused, the case file of the first named person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the first named person concerned is passed to me for decision. The second named person concerned is the infant son of the first named person concerned. An application for asylum was submitted on behalf of the second named person concerned on 6 March 2008. It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Deportation Orders. 305. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the circumstances regarding a person (details supplied); and if he will make a statement on the matter. [36976/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Provision is made in section 4 of the Immigration Act, 2004 for an Immigration Officer to authorise a non- national to land in the State. However section 4(3) enumerates fourteen circumstances in which an Immigration Officer may, on behalf of the Minister, refuse to give a person permission to land in the State. The circumstances, any one of which may give rise to a permission to land being refused, include, the fact that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national. In performing his or her functions under the Immigration Act, 2004, an Immigration Officer is obliged, pursuant to the provisions of the Act, to have regard to all the circumstances of the non-national con- cerned known to the officer or represented to the officer by him or her.

398 Questions— 29 October 2008. Written Answers

I have been informed by the Immigration Division of my Department that the Garda National Immigration Bureau dealt with the person referred to by the Deputy in accordance with these provisions. The person referred to presented at Dublin Airport on Friday 29th August 2008 seeking permission to enter the State pursuant to section 4 of the Immigration Act 2004. He produced a Travel Document issued under the Geneva Convention of 1951 indicating that he was a person who holds refugee status in Germany and that he was a citizen of the Democratic Republic of the Congo. As such he is permitted to enter the State without a visa only if he is a visitor for a period not exceeding 90 days. A visa is required for any other purpose. The person is also subject to examination under section 4 of the Immigration Act 2004 and must comply with the criteria set out in the Statute in order to qualify for a permission to enter the State. I have been advised that at no stage during this process did the person claim to be a German citizen. On examination, the person sought permission to enter the State to visit a friend. However he did not know the name or address of the friend. He supplied the Immigration Officer with a telephone number for his friend. When contact was made with this telephone number a female stated that the person was her brother, who was living in Germany, but that she did not know his name. She declined to identify herself to the Immigration Officer. The person was, accordingly, refused permission to enter the State, pursuant to section 4(3)(k) of the Immigration Act, 2004, as there was reason to believe that he intended to enter the State for reasons other than those expressed by him. He was then removed from the State on the first available flight to the Airport at which his journey originated, namely Karlsruhe- baden in Germany, on Sunday the 31st August 2008. In the intervening period the person was detained in a prescribed place for the purpose of the Immigration Acts, namely Cloverhill Prison.

306. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a review will be undertaken in the case of a person (details supplied) in County Limerick who has been issued with a deportation order; and if he will make a statement on the matter. [36977/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the Reply I gave to Parliamentary Question No. 905 on Wednesday 24 September 2008. The status of the person concerned remains as set out in that Reply. The person concerned has continued to meet his presentation requirements with the Garda National Immigration Bureau (GNIB). He is due to present again shortly. The enforcement of the Deportation Order is an operational matter for the GNIB.

307. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a review will be undertaken in the case of a person (details supplied) in County Limerick who has been issued with a deportation order. [36978/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my Reply to Parliamentary Question No. 182 on Tuesday, 14th October, 2008. The status of the person concerned remains as set out in that Reply.

Citizenship Applications. 308. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37033/08]

399 Questions— 29 October 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in August, 2006. Officials in that Section are currently processing applications received in June 2006. It is expected that further processing of this application will commence in December 2008.

Garda Strength. 309. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of gardaı´ in each Garda division nationally and annually for the past five years; and the number of gardaı´ attached to each specialist unit annually for the past five years. [37048/08]

310. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of gardaı´ in each Garda district in the Dublin metropolitan area, Cork, Limerick, Galway, Meath, Louth and Kildare annually for the past five years; and the number of gardaı´ attached to each specialist unit in these districts annually for the past five years. [37049/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 309 and 310 together. I have been informed by the Garda Commissioner that the personnel strength of each Garda district throughout the country for the past five years, and of the specialist units for the last three years, is as set out in the tables.

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

D.M.R.South Central District “A” Kevin St. 117 119 122 127 139 Kilmainham 73 81 81 87 87

District “B” Pearse St 238 252 253 260 268 Harcourt Tce. 75 77 74 85 87

District “E” Donnybrook 123 125 121 125 136 Irishtown 55 57 56 54 56

TOTAL 681 711 707 738 773

D.M.R. North Central District “C” Store St. 261 269 271 281 296

District “D” Bridewell 163 166 162 165 180 Fixed Penalty Office 2

District “U” Fitzgibbon St. 119 119 119 118 117 Mountjoy 85 91 90 92 99

TOTAL 628 645 642 656 694

400 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

D.M.R.South District “G” Crumlin 82 87 87 98 108 Sundrive Rd. 61 65 65 73 78

District “M” Rathfarnham 71 76 70 72 80 Tallaght 166 173 167 178 181

District “P” Rathmines 71 72 70 76 75 Terenure 87 91 97 98 101

TOTAL 538 564 556 595 623

D.M.R.North District “H” Santry 105 107 119 130 121 Whitehall 40 35 34 40 48 Ballymun 63 65 62 56 75 Dublin Airport 63 65 21 21 21

District “R” Coolock 87 84 88 98 117 Malahide 40 40 40 45 46 Swords 56 68 65 68 79

District “J” Raheny 60 66 59 69 68 Clontarf 62 69 63 71 71 Howth 42 44 49 42 42

District “Y” Balbriggan 32 34 32 32 50 Skerries 10 11 10 11 11 Lusk 44443 Rush 55676 Garristown 33333

TOTAL 618 643 600 640 761

District “K” Blanchardstown 142 152 167 174 180 Cabra 65 63 69 68 71 Finglas 68 74 76 87 97

District “Q” Lucan 65 74 68 70 84 Leixlip 26 28 25 25 24 Ronanstown 81 82 88 92 87

401 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District “L” Ballyfermot 78 81 80 88 87 Clondalkin 78 76 81 92 104 Rathcoole 23 28 25 23 24

TOTAL 626 658 679 719 758

D.M.R.East District “F” Dun Laoghaire 90 104 99 96 109 Dalkey 28 26 26 26 32 Kill-O-Grange 37 35 33 35 33 Cabinteeley 40 41 39 38 36

District “N” Bray 75 85 88 103 103 Enniskerry 55557 Shankhill 53 55 61 63 62 Greystones 28 29 28 35 42

District “W” Blackrock 66 68 75 79 83 Dundrum 65 68 75 76 79 Stepaside 32 31 29 35 32

TOTAL 519 547 558 591 618

Eastern Region Louth/Meath District: Drogheda Drogheda 90 89 93 93 97 Castlebellingham 44443 Clougherhead 22122 Dunleer 44444 Laytown 7 8 8 10 12

District: Dundalk Dundalk 97 101 101 109 115 Carlingford 33333 Hackballscross 14 13 12 11 11 Dromad 12 11977 Omeath 14 15 10 7 5 Louth 21222 Blackrock 44554

District: Kells Kells 34 31 32 37 45 Crossakeel 00000 Athboy 66666 Oldcastle 44344

402 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Nobber 33333 District: Trim Trim 25 25 23 25 30 Kilmessan 00001 Summerhill 22212 Longwood 00121 Enfield 17 16 13 14 12 Ballivor 23223

District: Ashbourne Ashbourne 37 40 37 49 44 Dunboyne 13 12 14 14 16 Dunshaughlin 11 10 9 9 21 Kilcock 55555

District: Navan Navan 49 46 45 48 57 Ardee 10 10 10 9 9 Collon 22222 Duleek 44333 Slane 44434

TOTAL 481 478 466 493 533

Carlow/Kildare District: Naas Naas 80 78 80 89 98 Celbridge 19 17 19 20 21 Clane 66587 Kill 33333 Maynooth 15 15 15 17 16

District: Kildare Kildare 27 27 26 31 30 Robertstown 23335 Kilcullen 33334 Monasterevan 33335 Newbridge 29 29 32 33 33 Rathangan 33324 Carbury/Derrinturn 22224

District: Carlow Carlow 50 53 54 60 71 Leighlinbridge 11111 Ballon 11111 Myshall 11111 Muinebheag 776710 Athy 16 16 18 19 18 Castledermot 22222

403 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District: Baltinglass Baltinglass 21 21 23 24 30 Blessington 13 14 14 18 16 Dunlavin 11111 Hollywood 11111 Donard 10011 Shillelagh 11111 Tinahely 22222 Hacketstown 11122 Rathvilly 11111 Ballymore Eustace 11011 Tullow 999911 Ballytore 11111

TOTAL 323 323 331 367 402

Laois/Offaly District: Portlaoise Portlaoise 97 99 98 103 106 Mountmellick 55666 Mountrath 33344 Portarlington 9 10 11 9 11 Stradbally 22222 Clonaslee 33331

District: Abbeyleix Abbeyleix 24 27 25 23 29 Ballacolla 11111 Durrow 21222 Rathdowney 43344 Ballylinan 33444 Arles 21111 Ballinakill 11111 Borris-On-Ossory 22222

District: Birr Birr 26 28 27 25 24 Banagher 55556 Cloghan 11111 Ferbane 55555 Kilcormac 32222 Kinnitty 21222 Shinrone 11112 Shannonbridge 11111 Lorrha 11112

404 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District: Tullamore Tullamore 45 47 48 58 68 Clara 55556 Clonbologue 11111 Daingean 32333 Edenderry 13 13 13 13 12 Rhode 11122 Geashill 11111

TOTAL 272 276 279 291 312

Longford/Westmeath District: Mullingar Mullingar 71 72 71 87 100 Killucan 33223 Kinnegad 66677 Rochfortbridge 33444 Castletowngeoghegan 11111 Delvin 33324

District: Athlone Athlone 46 47 48 53 61 Ballinahown 11111 Ballymore 22211 Glasson 11111 Kilbeggan 33323 Moate 544512 Ballymahon 33345

District: Longford Longford 45 44 44 52 60 Ardagh 11111 Drumlish 11111 Kenagh 11111 Newtowncashel 11111 Lanesboro 67677 Tarmonbarry 11111

District: Granard Granard 24 24 30 30 30 Ballinalee 11111 Edgeworthstown 55554 Smear 11111 Ballynacargy 22222 Castlepollard 33333 Multyfarnham 21111 Rathowen 11111

TOTAL 243 243 248 278 318

405 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

South Eastern Region Wicklow/Wexford District: Wexford Wexford 71 69 72 83 88 Taghmon 33333 Baldwinstown 01111 Castlebridge 11111 Kilmore Quay 21222 Glynn 11111 Rosslare Strand 22233 Rosslare Pier 98875

District: Gorey Gorey 41 39 39 45 48 Bunclody 55566 Courtown Harbour 44444 Arklow 27 28 30 31 31 Carnew 11211

District: Enniscorthy Enniscorthy 31 32 32 34 37 Blackwater 66666 Ferns 22222 Kiltealy 11111 Oylegate 11111 Oulart 11111 Clonroche 22222

District: New Ross 31 32 33 37 40 Ballycullane 21122 Carrick-On-Bannow 22222 Duncannon 22333 Carrickbyrne 22222 Campile 22222

District: Wicklow Wicklow 39 36 36 44 49 Ashford 33337 Rathdrum 44333 Newtownmountkennedy 43221 Avoca 32333 Roundwood 44545 Aughrim 33222

TOTAL 312 304 312 344 365

406 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Waterford/Kilkenny District: Waterford Waterford 136 135 134 149 161 Dunmore East 33333 Ferrybank 66644 Passage East 11111 Mooncoin 22222 Glenmore 11011 Kilmacow 11111

District: Dungarvan Dungarvan 35 35 33 39 45 Cappoquin 22222 Tallow 22333 Ballymacarberry 22222 Aglish 11111 Ring 22222 Lismore 34445

District: Tramore Tramore 27 30 31 34 35 Kill 11111 Kilmacthomas 44444 Kilmeaden 22212 Portlaw 22223 Rathgormack 01111 Leamybrien 11111

District: Kilkenny Kilkenny 66 65 61 72 97 Freshford 11111 Callan 44444 Castlecomer 77674 Ballyragget 11111

District: Thomastown Thomastown 20 20 20 21 26 Goresbridge 00011 Bennetsbridge 11111 Graiguenamanagh 56676 Stonyford 11111 Ballyhale 11111 Inistioge 11111 Kilmoganny 11111 Mullinavat 11111 Borris 22222

TOTAL 346 350 343 380 428

407 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Tipperary District: Thurles Thurles 59 63 67 65 70 Ballingarry South 11111 Holycross 21111 Killenaule 32222 Ballinure 00010 Johnstown 22121 Urlingford 22212 Littleton 11141 G.C.V.U. N/A N/A N/A 4 5

District: Clonmel Clonmel 40 39 41 48 51 Kilsheelan 11111 Mullinahone 22222 Grangemockler 11111 Fethard 22212 Carrick-On-Suir 16 17 16 16 15 Piltown 22222

District: Cahir Cahir 25 27 27 36 40 Ardfinnan 11112 Ballyporeen 11111 NewInn 11111 Cashel 13 14 14 13 12 Clogheen 00111

District: Nenagh Nenagh 32 32 30 33 37 Ballingarry North 11000 Borrisokane 55443 Cloughjordan 11111 Dolla 11111 Portroe 22222 Toomevara 22222 Terryglass/Ballinderry 11111

District: Templemore Templemore 26 25 24 27 34 Templetuohy 11111 Roscrea 19 18 19 19 20 Moyne 22222 Templederry 11110 Borrisoleigh 21111 Shevry 11100 Moneygall 11111

408 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District: Tipperary Town Tipperary Town 32 25 30 32 32 Dundrum 11111 Emly 11111 Golden 11111 Cappawhite 21122 Bansha 11111 Oola 11111 Doon 11111 Galbally 11111

TOTAL 313 307 314 342 361

Southern Region Cork City District: Anglesea Street Anglesea Street 219 221 224 239 255 Barrack Street 22 22 20 20 25 Bridewell 23 24 23 22 22 Blackrock 29 28 32 28 33

District: Gurranabraher Gurranabraher 51 53 51 55 51 Blarney 15 15 15 15 15 Ballincollig 23 23 21 21 22 Rathduff 22222

District: Mayfield Mayfield 40 45 45 41 46 McCurtain Street 00000 Watercourse Road 60 58 52 61 55 Mallow Road 96544

District: Togher Togher 55 58 59 55 53 Douglas 21 24 22 24 23 Bishopstown 25 26 23 23 24 Carrigaline 16 16 17 20 19 Passage West 45534 Crosshaven 32353

TOTAL 617 628 619 638 656

Cork North District: Fermoy Fermoy 47 47 46 5 59 Mitchelstown 18 15 17 2 20 Ballynoe 11111 Kilworth 11111 Kildorrery 11111

409 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Castletownroche 2 2 2 19 2 Rathcormack 21221 Ballyduff 11112

District: Cobh Cobh 28 27 27 28 33 Carrig na Bhfear 33331 Carrigtwohill 3 3 3 20 3 Glanmire 16 18 19 1 17 Watergrasshill 11121 Glenville 11111

District: Midleton Midleton 40 39 40 45 49 Ardmore 22111 Youghal 2 2 18 18 22 Cloyne 11011 Whitegate 19 19111 Killeagh 11222 Ballycotton 32211

District: Mallow Mallow 31 31 32 34 44 Buttevant 33322 Doneraile 11111 Milford 14631 Charleville 14 14 14 14 15 Glantane 11111 Liscarroll 11111

TOTAL 245 243 247 212 285

Cork West District: Bandon Bandon 63 65 64 76 87 Ballineen 22210 Ballinhassig 12222 Ballinspittle 11100 Ballyfeard 11111 Innishannon 11110 Kilbrittan 11111 Kinsale 13 14 14 14 15 Timoleague 11111

District: Bantry Bantry 23 24 26 30 34 Adrigole 11101 Ballydehob 11111 Castletownbere 54524

410 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Drimoleague 11111 Durrus 11111 Glengarrif 22211 Goleen 11111 Kealkil 11111 Schull 44334 District: Clonakilty Clonakilty 22 23 23 24 27 Ballygurteen 00000 Baltimore 11001 Castletownsend 11111 Drinagh 10000 Dunmanway 57779 Roscarbery 22222 Skibereen 10 10 10 10 9 District: Kanturk Kanturk 22 24 24 25 28 Ballydesmond 11110 Boherbue 11111 Knocknagree 11111 Meelin 11111 Millstreet 78889 Newmarket 33444 Rathmore 21111 District: Macroom Macroom 23 26 25 27 30 Ballingeary 11111 Ballyvourney 22222 Coachford 32222 Crookstown 55556 Inchigeela 11111 Stuake 11111 Tarelton 11111

TOTAL 241 251 251 264 294

Kerry District: Tralee Tralee 83 83 89 98 109 Ardfert 22233 Fenit 11011 Abbeydorney 11110 Dingle 99989 Clochan 11111 Castlegregory 22222 Annascaul 11111 Ballyferriter 11011 Camp 11111

411 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District: Caherciveen Caherciveen 22 22 21 23 23 Ballinskelligs 11111 Valentia Island 11111 Glenbeigh 22222 Portmagee 11111 Killorglin 11 10 10 10 10 Waterville 22222 Sneem 22222 Castlemaine 11111

District: Killarney Killarney 48 47 49 58 66 Kilgarvan 11111 Kenmare 87788 Castleisland 10 10 9 11 11 Farranfore 22222 Barraduff 11111 Beaufort 11111 Lauragh 11111

District: Listowel Listowel 30 30 29 32 37 Ballyheigue 22222 Ballylongford 11111 Ballybunion 76788 Ballyduff 33221 Brosna 11111 Knocknagoshall 11111 Lixnaw 11111 Moyvane 11222 Tarbert 22222

TOTAL 266 262 266 295 318

Limerick District: Henry Street Henry St 189 198 191 212 226 Mary St 444414 Castleconnell 44455 Ardnacrusha 33344 Mayorstone Pk. 46 49 49 60 81

District: Roxboro Road Roxboro Rd 94 91 99 105 127 Patrickswell 43333 Ballyneety 22222 Caherconlish 22122

412 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District: Askeaton Askeaton 20 22 22 24 22 Adare 43333 Pallaskenry 22222 Croom 34444 Foynes 33322 Glin 11111 Shanagolden 11111 Rathkeale 66666

District: Bruff Bruff 18 18 21 25 25 Kilfinane 22211 Ballylanders 21111 Hospital 33322 Bruree 22111 Kilmallock 55553 Pallas 44433 Cappamore 33333 Murroe 11122

District: Newcastlewest Drumcollogher 11222 Newcastlewest 26 27 27 29 29 Abbeyfeale 12 12 12 13 11 Ballingarry 11111 Tournafulla 11111 Athea 1 1 11 1 1 Kilmeedy 11111 Castletown 11111

TOTAL 472 482 495 532 593

Western Region Clare

District: Ennis Ennis 73 84 84 95 118 Crusheen 11111 Lissycasey 11111 Newmarket On Fergus 33334 Quin 11111 Shannon 64 64 63 94 64 Sixmilebridge 33243 Immigration Office 7

District: Kilrush Kilrush 24 26 27 27 28 Carrigaholt 11111 Doonbeg 11111

413 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Kilmihil 11111 Labasheeda 11111 Kildysart 33332 Kilkee 32333

District: Killaloe Killaloe 22 22 21 25 30 Broadford 11111 Newport 34556 Scariff 56666 Mountshannon 11111 Tulla 21122 Rearcross 11111

District: Ennistymon Ennistymon 21 22 24 22 21 Ballyvaughan 11111 Corofin 11111 Inagh 11111 Lahinch 22232 Lisdoonvarna 22222 Miltown Malbay 22233

TOTAL 245 259 261 310 314

Galway West District: Galway Galway 163 175 177 199 210 Oranmore 557616 Carndolla 21111 Lough George 33333 Headford 55555 Athenry 44555 Monivea 22222 Kiltullagh 11111

District: Clifden Clifden 18 21 22 25 24 Recess 11111 Letterfrack 11210 Lennaun 01121 Carna 22222 Maam 11111 Roundstone 11111

District: Loughrea Loughrea 29 31 32 33 36 Tynagh 11111 Killimor 11111

414 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Woodford 11111 NewInn 11111 Eyrecourt 11111 Portumna 98898 Kilrickle 11110

District: Salthill Uachtarard 77766 Moycullen 21122 Carraroe 55666 RosMuc 11111 Inverin 01111 Spiddle 33333 Leitir Mor 11111 Salthill 39 41 43 44 43 Cill Ronain 33333

District: Gort Gort 21 23 25 25 28 Ardrahan 22111 Craughwell 22222 Kinvara 32222 Peterswell 11000 Kilchreest 00111 Kilcolgan 10011 Shanaglish 11111

TOTAL 345 363 375 403 424

Roscommon/Galway East District: Roscommon Roscommon 49 50 54 56 66 Athleague 22222 Knockcroghery 11111 Strokestown 33333 Ballyforan 11101 Creggs 11111 Ballygar 33334

District: Ballinasloe Ballinasloe 37 36 37 39 39 Ahascragh 11111 Kilconnel 11111 Kiltormer 11100 Menlough 11111 Mountbellew 8 9 9 10 10 Taughmaconnel 11111 Clonark 11000 Moylough 11111

415 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District: Boyle Boyle 28 28 28 27 29 Ballyfarnan 21222 Cootehall 11111 Elphin 32233 Frenchpark 12233 Keadue 11111 Tulsk 22111 District: Castlerea Castlerea 30 28 30 31 33 Ballaghadereen 66677 Ballinlough 22222 Loughlynn 21211 Ballintubber 11111 Ballymoe 11111 District: Tuam Tuam 42 43 42 47 51 Williamstown 11111 Milltown 21111 Kilconly 11111 Glenamaddy 33222 Dunmore 44334 Corofin 22222 Barnadearg 11111

TOTAL 248 245 249 259 280

Mayo District: Castlebar Castlebar 62 58 57 66 76 Ballyvary 11111 Ballyglass 11111 Balla 22222 Partry 22222 Glenisland 11111 Tourmakeady 11131 Garda Info Services 4 District: Ballina Ballina 37 37 38 41 47 Killala 22222 Ballycastle 11111 Bonnicconlon 11111 Crossmolina 42334 Lahardane 11111 Enniscrone 33323 Easkey 33333

416 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District:Belmullet Belmullet 19 19 19 21 22 Blacksod 21111 Bellacorrick 11111 Bangor Erris 33333 Ballycroy 11111 Glenamoy 12210

District: Claremorris Claremorris 23 21 21 23 27 Kilmaine 01111 Ballindine 11111 Knock 44434 Ballinrobe 11 11 11 9 10 Cong 01111 Shrule 11111 Hollymount 11101

District: Swinford Swinford 24 24 22 26 28 Kiltimagh 44333 Charlestown 44246 Kilkelly 22222 Ballyhaunis 109899 Foxford 22222

District:Westport Westport 27 27 25 26 30 Newport 22222 Achill Sound 54443 Mulranny 11111 Louisburgh 22222 Keel 11111

TOTAL 274 266 259 279 313

Northern Region Sligo/Leitrim District: Sligo Sligo 118 116 123 135 144 Collooney 44444 Skreen 22221 Coolaney 22122 Cliffoney 22212 Rosses Point 22222 Grange 33333

District: Ballymote Ballymote 20 20 21 21 23 Tubbercurry 55545

417 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Gurteen 12222 Riverstown 22122 Aclare 22212 Bunnanadden 11111

District: Carrick On Shannon Carrick-On-Shannon 33 34 31 40 42 Cloone 11111 Dromod 11111 Drumshambo 43444 Keshcarrigan 11101 Mohill 55665 Roosky 33333

District: Manorhamilton Manorhamilton 25 26 26 28 26 Kiltyclogher 21222 Drumkerrin 32323 Kinlough 98877 Glenfarne 11111 Dromahair 23333 Dowra 32333 Blacklion 109965

TOTAL 267 263 271 287 300

Donegal District: Letterkenny Letterkenny 101 94 97 119 129 Carrigans 76555 Castlefin 44334 Brocach 11111 Newtowncunningham 33322 Raphoe 64644 Lifford 17 15 14 15 15 Ballybofey 23 24 21 21 22 Convoy 43334

District: Buncrana Buncrana 35 38 41 51 48 Burnfoot 15 13 11 12 14 Carndonagh 45656 Clonmanny 33322 Malin 33237 Culdaff 11001 Moville 98999 Muff 44643

418 Questions— 29 October 2008. Written Answers

Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

District: Milford Milford 23 23 23 24 27 Carrigart 32333 Kerrykeel 32223 Kilmacrennan 21222 Churchill 01111 Dunfanaghy 34344 Craosloch 11111 Falcarragh 66766 Ramelton 44444 Rathmullen 11111

District: Glenties Glenties 24 24 21 22 27 Annagry 22222 Ardara 33333 Bunbeag 66678 Burtonport 22312 Clougher 11111 Doochary 10000 Dungloe 56798 Carrick 11222 Gleann Cholmcille 11111

District: Ballyshannon Ballyshannon 32 33 34 36 35 Ballintra 12222 Bundoran 11 11 12 12 12 Donegal Town 34 33 34 32 34 Pettigo 22111 Dunkineely 21111 Na Cealla Beaga 78777 Mountcharles 32222

TOTAL 424 412 417 448 476

Cavan/Monaghan District: Monaghan Monaghan 106 101 99 101 108 Clones 14 14 12 11 9 Newbliss 22211 Clontibret 21111 Scotstown 45555 Emyvale 54444 Smithboro 11111

District: Carrickmacross Carrickmacross 42 43 40 43 44 Ballybay 55444 Castleblaney 25 26 25 29 31

419 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Year Strength Strength Strength Strength Strength 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Shantonagh 22222 Corrinshigagh 22222 Rockcorry 11111

District: Cavan Cavan 59 59 60 67 69 Ballinagh 22223 Arva 22223 Stradone 22112 Redhills 11111 Kilnaleck 22222 Finea 22213

District: Baileboro Baileboro 27 30 29 35 40 Kingscourt 45556 Mullagh 22222 Shercock 22212 Tullyvin 11111 Virginia 55554 Cootehill 78878 Ballyjamesduff 33344

District: Ballyconnell Ballyconnell 27 23 27 25 23 Belturbet 34332 Swanlinbar 33333 Killeshandra 22222 Bawnboy 11111 Ballinamore 76665 Carrigallen 22222

TOTAL 377 374 367 383 401

The figures for the specialist units are not readily available pre 2005 and could only be obtained by the disproportionate expenditure of Garda time and resources.

Divisional Drugs Units

Division 31/12/2005 31/12/2006 31/12/2007

Carlow/Kildare 9 9 8 Cavan/Monaghan 10 10 9 Clare 4 4 5 Cork City 20 20 17 Cork North 6 6 8 Cork West 5 5 6 D.M.R. East 17 17 16 D.M.R. North Central 14 16 16

420 Questions— 29 October 2008. Written Answers

Division 31/12/2005 31/12/2006 31/12/2007

D.M.R. North 25 22 31 D.M.R. South Central 19 22 24 D.M.R. South 22 21 24 D.M.R. West 22 28 34 Donegal 8 9 6 Galway West 7 7 7 Kerry 4 7 9 Laois/Offaly 7 7 5 Limerick 10 10 14 Longford/Westmeath 4 6 11 Louth/Meath 13 20 8 Mayo 0 0 4 Roscommon/ Galway East 2 2 4 Sligo/Leitrim 8 8 8 Tipperary 7 7 8 Waterford/Kilkenny 8 10 16 Wexford/Wicklow 13 13 13

TOTAL 253 286 311

Immigration Unit

Division 31/12/2005 31/12/2006 31/12/2007

Carlow/Kildare 3 3 3 Cavan/Monaghan 1 1 1 Clare 16 16 16 Cork City 15 14 16 Cork North 0 0 0 Cork West 1 1 1 D.M.R. East 0 0 0 D.M.R. North Central 18 18 15 D.M.R. North 1 1 1 D.M.R. South Central 0 0 0 D.M.R. South 0 0 0 D.M.R. West 0 0 0 Donegal 3 3 3 Galway West 3 8 8 Kerry 2 2 2 Laois/Offaly 2 2 2 Limerick 3 3 3 Longford/Westmeath 4 4 4 Louth/Meath 10 10 10 Mayo 0 0 0 Roscommon/Galway East 5 5 5 Sligo/Leitrim 1 1 1 Tipperary 1 1 1 Waterford/Kilkenny 2 2 3 Wexford/Wicklow 6 6 5

TOTAL 97 101 100

421 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Scenes of Crime Unit

Division 31/12/2005 31/12/2006 31/12/2007

Carlow/Kildare 5 5 5 Cavan/Monaghan 5 5 5 Clare 2 4 4 Cork City 3 4 7 Cork North 2 2 2 Cork West 2 2 4 D.M.R. East 7 7 7 D.M.R. North Central 5 4 6 D.M.R. North 5 5 5 D.M.R. South Central 6 8 8 D.M.R. South 6 6 7 D.M.R. West 5 5 5 Donegal 5 5 5 Galway West 4 4 4 Kerry 3 3 3 Laois/Offaly 5 5 5 Limerick 4 4 4 Longford/Westmeath 5 5 5 Louth/Meath 0 0 0 Mayo 4 4 4 Roscommon/Galway East 0 0 0 Sligo/Leitrim 5 5 5 Tipperary 6 6 6 Waterford/Kilkenny 5 5 8 Wexford/Wicklow 0 0 4

TOTAL 99 103 118

Public Service Vehicle Inspectors

Division 31/12/2005 31/12/2006 31/12/2007

Carlow/Kildare 2 2 2 Cavan/Monaghan 1 1 1 Clare 1 1 1 Cork City 2 2 2 Cork North 1 1 1 Cork West 1 1 1 *D.M.R. East 0 0 0 *D.M.R. North Central 0 0 0 *D.M.R. North 0 0 0 *D.M.R. South Central 0 0 0 *D.M.R. South 0 0 0 *D.M.R. West 0 0 0 Donegal 2 2 2 Galway West 1 1 1

422 Questions— 29 October 2008. Written Answers

Division 31/12/2005 31/12/2006 31/12/2007

Kerry 1 1 1 Laois/Offaly 1 1 1 Limerick 2 2 2 Longford/Westmeath 1 1 1 Louth/Meath 2 2 2 Mayo 1 0 1 Roscommon/Galway East 1 1 1 Sligo/Leitrim 2 2 2 Tipperary 1 1 0 Waterford/Kilkenny 1 1 1 Wexford/Wicklow 1 1 1

TOTAL 25 24 24 *There are 3 PSV Inspectors attached to Traffic Unit at Dublin Castle, who cover The Dublin Metropolitan Region.

Traffic Unit

Division 31/12/2005 31/12/2006 31/12/2007

Carlow/Kildare 21 28 47 Cavan/Monaghan 16 25 33 Clare 13 19 29 Cork City 25 39 49 Cork North 14 26 36 Cork West 11 18 23 D.M.R. East 17 19 22 D.M.R. North Central 16 18 23 D.M.R. North 18 18 18 D.M.R. South Central 17 28 25 D.M.R. South 19 20 22 D.M.R. West 18 20 20 DMR Traffic 138 139 154 Donegal 23 30 30 Galway West 23 30 34 Kerry 15 23 30 Laois/Offaly 15 27 39 Limerick 17 25 32 Longford/Westmeath 14 26 36 Louth/Meath 28 46 57 Mayo 16 23 26 Roscommon/Galway East 16 22 27 Sligo/Leitrim 15 24 25 Tipperary 13 22 27 Waterford/Kilkenny 16 31 44 Wexford/Wicklow 16 29 41 Regional Traffic Units 0 0 5

TOTAL 570 775 954

423 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] Other Specialist Units

Unit 31/12/2005 31/12/2006 31/12/2007

Technical Bureau 96 94 91 National Bureau Criminal Investigations (NBCI) 99 94 105 Garda Bureau of Fraud Investigations (GBFI) 63 58 67 Garda National Drugs Unit (GNDU) 56 52 65 Operational Support Unit 70 76 70 Garda National Immigration Bureau (GNIB) 170 158 169 Criminal Assets Bureau (CAB) 28 30 30 National Traffic Bureau (GNTB) 7 13 12 *Detective Branch 1,803 1,876 1,911 *These figures include all Detective Personnel attached to District Detective Units, the Units listed above and a number of other Units such as Special Detective Unit and ERU.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account.

Liquor Licensing Laws. 311. Deputy Dara Calleary asked the Minister for Justice, Equality and Law Reform the progress of discussions between his Department and retailers on the implementation of a code of practice on the display and sale of alcohol in a confined area as per the Intoxicating Liquor Act 2008. [37078/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Discussions between my Department and the bodies representing retailers in the mixed trading sector on the Code of Practice are at an advanced stage and I intend to make an announcement on this matter in the near future.

Data Protection. 312. Deputy Dara Calleary asked the Minister for Justice, Equality and Law Reform if the provisions of data protection legislation apply to the issuing of angling licences; and if there is a restriction on the boards charged with issuing such licences sharing the information provided in each licence application. [37255/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the provisions of the Data Protection Acts 1988 and 2003 apply to all personal data which are held in the form of automated data and to manual data held in relevant filing systems. In this context, ‘relevant filing system’ means any set of information relating to individ- uals to the extent that, although the information is not processed by automated means, the set is structured either by reference to individuals or by criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible. The conditions under which such personal data may be processed, including use or disclosure of the data, are set out in the same legislation. The conditions applicable to personal data which are not sensitive data are contained in section 2A of the 1988 Act, while those applicable to sensitive personal data are contained in section 2B of the same Act. While both sections provide for the processing of such data with the consent of the individual concerned, they also provide for the processing of the data without such consent in certain circumstances. 424 Questions— 29 October 2008. Written Answers

Residency Permits. 313. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency and naturalisation in the case of a person (details supplied) in ; and if he will make a statement on the matter. [37273/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned was invited on 16 July 2008 to submit updated representations under Section 3 of the Immigration Act, 1999. A response in this regard has been received in my Department and is being considered by the relevant officials. The person was requested by letter of 8 October 2008 to submit original documents. When the requested documents have been received a decision will be made regarding the person’s status in the State and the person will be noti- fied accordingly.

314. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [37274/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the Reply to Parliamentary Question, No. 205 of Thursday, 25 September 2008, in the matter. The position in the State of the two persons concerned, a husband and wife, is as set out in that Reply.

315. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [37275/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned applied for asylum on 18 February 2005. His application was refused following consider- ation of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 16 January 2006, 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 he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Visa Applications. 316. Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the local immigration officer has stated, in relation to a person (details supplied) whose visitor visa is due to expire on 8 November 2008, that they are not authorised to sanction a visa extension; if his Department will accept an application for visa extension in respect of this person; if due account will be taken of the fact that the exten- sion of visa is required to give the family adequate time to make appropriate care arrangements in India for this person, before they return to their home country; and if he will make a statement on the matter. [37308/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A C Visit Visa is granted for visits of less than 90 days. As a consequence it is not the general policy to extend

425 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] permission to remain to persons who are admitted initially for a period of 90 days or less on a C Visit Visa, save in very exceptional and unforeseen circumstances. I have been informed by the Immigration Division of my Department that they have no record of an application for an extension of permission to remain from the person referred to by the Deputy. It is open to the person concerned to write to the General Immigration Division of my Department where her application for an extension of her permission to remain will be considered.

Northern Ireland Issues. 317. Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform if he will report on contacts he is maintaining, within the remit of his Department, with the British authorities in respect of the Omagh bombing on 15 August 1998; if his attention has been drawn to the decision of the British-Irish Interparliamentary Body on 20 October 2008, to support a motion on the subject and to strong views of many people here that issues relating to Omagh, and the Dublin and Monaghan bombings, must be resolved; and if he will make a statement on the matter. [37314/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In answering the Deputy’s Question I would first like to say that I do not think any of us will ever forget the horrific events perpetrated in Omagh, and in Dublin and Monaghan, or the pain that is still being felt as a result. The Deputy will be aware that I and my officials have regular contacts with our British counterparts to discuss a wide range of issues of mutual interest in the area of security co-operation and these have included issues arising from the investigation into the Omagh bombing. I am also aware that the matter was the subject of a motion adopted at the recent meeting of the British-Irish Parliamentary Assembly. In the context of the remit of my Department, the Garda Sı´ocha´na maintains close contact with the Police Service of Northern Ireland in relation to all matters of cross-border crime, including the investigation into Omagh. I would remind the Deputy that criminal proceedings continue in this jurisdiction in connection with the bombing and it would therefore not be appropriate for me to comment in detail. It is also the case that Garda officers recently made themselves available to give evidence to the civil action being undertaken in Northern Ireland in relation to the Omagh bombing, which was facilitated by the hearing of this evidence in Dublin. The wider question of dealing with the past is among the issues being considered by the Consultative Group on the Past, co-chaired by Archbishop Robin Eames and Denis Bradley. The Government welcomed the establishment of the Consultative Group and has remained in close contact with it.

Asylum Applications. 318. Deputy Ciara´n Lynch asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Cork ; if further applications or appeals are open to them; and if he will make a statement on the matter. [37322/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): This applicant applied for asylum on 14th September, 2004. Her application was refused and a Deportation Order was made on 6 September, 2005. The applicant instituted Judicial Review proceedings on 18 October, 2005 challenging the Deportation Order made in respect of her on 6 September, 2005. These proceedings were settled on the 17 December 2007 and her Deportation Order made in respect of her on 6 September, 2005 was revoked on 15 January, 2008. As part of the

426 Questions— 29 October 2008. Written Answers settlement terms the applicant was invited to submit fresh representations under section 3(3)(b) of the Immigration Act 1999. The person concerned also made an application for Subsidiary Protection under the Euro- pean Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) on 19 July 2007. This application was considered but it was determined on the 23 January, 2008 that the applicant is not a person eligible for subsidiary protection. Represen- tations were submitted by the applicant and considered under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended). A further Deport- ation Order was subsequently made in respect of the applicant on 24 January, 2008. The appli- cant instituted Judicial Review proceedings on 29 January, 2008 challenging the new Deport- ation Order and her Subsidiary Protection refusal and accordingly, as the matter is sub judice, I do not propose to comment further.

Garda Complaints Procedures. 319. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if he received correspondence in July 2008 from a person (details supplied) in County Dublin regard- ing grievances concerning the investigation and resolution of a complaint against the gardaı´; the avenues of redress available in a case such as this; and if he will make a statement on the matter. [37344/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can confirm that correspondence has been received from the person to whom the Deputy refers and that the letter in question forms part of that correspondence. I can also confirm that all of the correspon- dence was returned to the complainant at his own request. The Garda Sı´ocha´na Ombudsman Commission is the statutory body charged with the inde- pendent oversight of policing in this jurisdiction. In this case it would appear from the corre- spondence which was received in my Department that whilst the Ombudsman Commission considered the person’s complaint it did not consider that there was good reason to extend the six month time limit in order to process it — as it is empowered to do under section 84(2) of the Garda Sı´ocha´na Act 2005. I am afraid that it is not open to me as Minister for Justice, Equality and Law Reform to intervene with the Commission on any case.

Tribunals of Inquiry. 320. Deputy Seamus Kirk asked the Minister for Justice, Equality and Law Reform the date the Barr tribunal was established; the intended date of completion; the cost to the Exchequer; and if he will make a statement on the matter. [37346/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Barr Tribunal was established in July 2002 to inquire into the facts and circumstances surrounding the fatal shooting of John Carthy at Abbeylara, County Longford on 20 April 2000. The Tribunal reported in July 2006, thereby completing its work. To date the cost of the Tribunal to the Exchequer totals \20,074,004.96.

321. Deputy Seamus Kirk asked the Minister for Justice, Equality and Law Reform the date the Smithwick tribunal was established; the intended date of completion; the cost to the Exchequer; and if he will make a statement on the matter. [37347/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Smithwick Tribunal was established in May 2005. The Tribunal is in an investigative phase at present and,

427 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.] although it is not possible to indicate a completion date, I have no doubt that the Tribunal is fully cognisant of the need to fulfil its mandate as expeditiously as possible. The cost of the Tribunal (to end-August 2008) is \4,339,475.03.

322. Deputy Seamus Kirk asked the Minister for Justice, Equality and Law Reform the date the Morris tribunal was established; the intended date of completion; the cost to the Exchequer; and if he will make a statement on the matter. [37348/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The resolution providing for the establishment of the Morris Tribunal was passed by both Houses of the Oireachtas on 28 March 2002 and the Instrument establishing it was signed by the Minister for Justice, Equality and Law Reform on 24 April 2002. Its two final reports were laid before the Houses of the Oireachtas on 7 October 2008. The Tribunal is currently in the process of dealing with applications for costs in respect of those final reports. However it has already begun reducing its staffing, equipment and accommodation and the destruction of a large amount of documentation it has gathered during its existence. I expect all of these ancillary but necessary activities to cease shortly after Christmas. To date, the cost of the Tribunal amounts to \50 million approximately. However the eventual overall cost of the Tribunal is expected to be in the region of \70 million.

Departmental Staff. 323. Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37362/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my answer to Parliamentary Question number 367 of 30th September 2008 where the infor- mation sought by him in respect of the years 2005 to 2007 is set out. No bonus payments have been made in respect of 2008.

Departmental Agencies. 324. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to ensure that a representative of an association (details supplied) is elected to the board of the PSA; if same requires an amendment of the Private Security Act 2004; if he will take steps to do so; and if he will make a statement on the matter. [37386/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Private Secur- ity Authority was established by the Private Security Services Act 2004 as an independent statutory authority under the aegis of my Department, and is charged with regulating and licensing the private security industry. The membership of the PSA Board is set down in the legislation and allows for representation from a number of different areas. The term of the Board has now expired. I am currently engaged in making arrangements to appoint a new Board and I am considering all of the options available to me in this regard. I am confident that the Board, when appointed, will reflect a range of different interests and viewpoints, to the benefit of the work of the Authority as a whole. I have no plans at present to amend the Act in relation to membership of the Board.

Prison Building Programme. 325. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the

428 Questions— 29 October 2008. Written Answers prisoner capacity of the proposed Thornton Hall prison; the number of cells within the prison; when he plans to sign the contract with a company (details supplied) for the development of Thornton Hall; the new scheduled date of completion for Thornton Hall; and if he will make a statement on the matter. [37446/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The new prison development at Thornton Hall, County Dublin is designed to accommodate 1,400 prisoners, based on single cell occupancy over a range of accommodation facilities all enclosed inside a secure perimeter wall. The design has the capacity, for operational flexibility reasons, to accommodate up to 2,200 prisoners in multiple occupancy which is reflected in the design of the cell and the relevant services. Contract negotiations are currently at an advanced stage with a commercial consortium, which was selected following an E.U. tender procedure, as the preferred tenderer for the design, construction, finance and maintenance of the proposed prison facilities at Thornton Hall as a Public Private Partnership. The construction of the new prison is expected to take three years from contract award. It is not possible at this particular time to give a precise date for contract award as this will obviously be subject to the satisfactory outcome of the current contract negotiations with the preferred tenderer. If for any reason the current negotiations are not successfully concluded there are other tenderers and other options which can still be considered.

Refugee Legal Services. 326. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the funding allocated to the Refugee Legal Service annually for the past five years; the funding allocated for 2009; the services it is expected to offer for that funding; and the number of staff in the Refugee Legal Service for each of the past five years. [37553/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Refugee Legal Service (RLS) is a specialised office established by the Legal Aid Board to provide confidential and independent legal services to persons applying for asylum in Ireland. Legal aid and advice is provided in relation to:

• Information on completion of the initial Asylum questionnaire which is required to be lodged with the Office of Refugee Applications Commissioner (ORAC).

• Interview at ORAC.

• Cases involving asylum seeking minors. (This is provided through a dedicated Chil- dren’s Unit).

• Dublin Convention cases where an applicant for asylum has, or is alleged to have made inter alia an asylum application in another Convention State.

• Appeals to the Refugee Appeals Tribunal (RAT).

• Applications for re-admission into the asylum system.

• Representation in the District Court in respect of cases arising under Section 9 (8) of the Refugee Act 1996.

• Applications for Leave to Remain on, inter alia, humanitarian considerations.

• Subsidiary Protection applications.

429 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.]

• Deportation decisions.

• Judicial Review in relation to ORAC, RAT, Leave to Remain, Subsidiary Protection and Deportation matters. The funding allocated to the Refugee Legal Service (RLS) between 2004 and 2009 is contained in the table.

Year Allocated Funding

\m

2004 9.071 2005 9.424 2006 9.271 2007 9.117 2008 9.897 2009 9.480

The staffing numbers for the RLS sought by the Deputy are contained in the table.

Year Number of Staff

December 2003 128 December 2004 116 December 2005 112 December 2006 118 December 2007 116

Asylum Applications. 327. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the details of the language testing system used for verifying language and country of origin for asylum applicants; and if his attention has been drawn to the fact that there are concerns over the accuracy of some decisions being made based on these tests and that some testers are not familiar enough with the languages being tested. [37554/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy is aware the processing of asylum applications is done within the framework of the Refugee Act, 1996 (as amended) under which every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Office of the Refugee Applications Commissioner (ORAC). I presume the Deputy is referring in his question to the language analysis testing facility which has been availed of by ORAC. There is ongoing evidence of persistent efforts to undermine Ireland’s asylum system by persons making bogus applications, including persons claiming to be of a nationality or from an ethnic group other than their true nationality or ethnic group, in efforts to obtain status as a refugee in the State. The experience is that a significant number of asylum applicants produce no satisfactory, if in fact any, documentary evidence of their stated identity or nationality or method of travel to the State despite claiming in many instances to have flown here. This raises obvious concerns that the process may possibly be abused by persons seeking to establish a false identity for purposes unknown. In endeavouring to establish the veracity of asylum appli- cations, while at the same time trying to uphold the integrity of the asylum system from abuse 430 Questions— 29 October 2008. Written Answers and to protect the interests of the State, it was decided to avail of the services of reputable and professional international language analysis companies. Language analysis testing involves applicants attending at ORAC for an interview. There are two types of language analysis testing used by ORAC: direct and indirect. Direct language testing involves an interview being recorded and sent to the language analysis provider. Indirect language testing involves the applicant speaking directly over the phone to the language analy- sis provider. This conversation is also recorded. The recorded interview is then analysed by the language analysis provider to determine, as specifically as possible, the geographic origin of the applicant’s language. A report is then submitted to ORAC. ORAC provides a copy of this report to the applicant and his/her legal representative. I am advised by the Refugee Appli- cations Commissioner that he is satisfied with the professional standard and quality of the language analysis services being provided. Regardless of any language analysis testing, every applicant for asylum is given a full oppor- tunity of presenting his or her case at a substantive interview in accordance with the provisions of the Refugee Act 1996, as amended. These interviews are conducted by highly trained officers authorised by the Refugee Applications Commissioner for that purpose. The language analysis report, where requested, is used to assist with the overall evaluation of the asylum application and is considered in conjunction with all other elements of the asylum claim.

328. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the details on the questionnaire that asylum applicants fill out; and if it is in the language of origin of the applicant or in English. [37555/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am advised by the Office of the Refugee Applications Commissioner (ORAC) that the questionnaire referred to by the Deputy comprises of 13 pages containing some 48 questions relating to the applicant’s personal details and the basic reasons for the making of a claim for asylum. In the circumstances it is not practicable to list out the full contents of the questionnaire in this reply. In view of this I have arranged for the Deputy to be provided with a copy of the questionnaire, along with a copy of the ‘Information Leaflet for Applicants for Refugee Status in Ireland’ and other documentation provided to applicants when they make their application. Applicants are also advised of their entitlement to seek legal assistance with the making of their application. I am informed by ORAC that where possible, the questionnaire is provided in the applicant’s language of choice. ORAC currently have the asylum application questionnaire form available in 31 different languages.

329. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of interview cancellations for asylum applicants, broken down by first and second interviews, for each year for the past two years and for each month of the past 12 months; and the average time-frame for rescheduling an interview for each of the past two years and for each month for the past 12 months. [37556/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy is aware the processing of asylum applications is done within the framework of the Refugee Act, 1996 (as amended) under which every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner (ORAC). There are a variety of reasons resulting in the need to cancel the scheduled interviews arranged by ORAC. For example, cancellations can arise at the applicant’s own request; interpreters not available; outbreak of infectious diseases such as chicken pox at accom- modation centres; interviews brought forward, etc.

431 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.]

It is the policy of ORAC that all cancelled cases are re-scheduled for interview as soon as is practicable unless there are medical or other extenuating reasons. ORAC’s scheduling policy is also kept under constant review. The length of time taken to reschedule an interview can vary widely depending on the original reason for cancellation. Records are not maintained in such a way so as to provide details on the time frames for rescheduling interviews or on whether cancellations are based on first or second interviews. Where an interview is cancelled, every effort is made by ORAC to substitute another applicant for interview instead. Figures for the number of interview cancellations for the past 12 months and for the previous two years are outlined in the following tables. Cancellation of Interviews October 2007 — September 2008

Month Total

Oct-07 73 Nov-07 36 Dec-07 45 Jan-08 64 Feb-08 48 Mar-08 77 Apr-08 65 May-08 110 Jun-08 80 Jul-08 133 Aug-08 125 Sep-08 99

Cancellation of Interviews 2006-2008 (30/9)

Year 2006 2007 2008 (30/9)

Total 587 564 801

330. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the time-frame for asylum applicants to receive their first interviews, and in some cases, the second interview with his Department from arrival here for each of the past three years. [37557/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy is aware the processing of asylum applications is done within the framework of the Refugee Act, 1996 (as amended) under which every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Office of the Refugee Applications Commissioner (ORAC). The length of time taken to schedule applicants for interview differs depending on whether an applicant is dealt with under prioritised arrangements or not. With effect from the 25 January 2005, new arrangements for the speedier processing of applications from certain countries were implemented. These arrangements apply in the main to nationals of Nigeria, Croatia and South Africa. They also applied to Romania and Bulgaria prior to their accession to the EU on 1 January 2007. Currently, the interview date for prioritised cases is scheduled within 9-12 days from the date of initial application. In the case of non-prioritised cases, the interview date is usually scheduled 432 Questions— 29 October 2008. Written Answers approximately 16 -18 working weeks from the date of the initial application. ORAC continues to schedule applicants for interview on the date of application unless there are medical or other compelling reasons. If it is necessary for an applicant to provide further material or clarification following the initial interview, a second interview is arranged, generally within 3-6 weeks of the initial interview depending on the nature of the material involved. The Refugee Applications Commissioner continues to keep the procedure for scheduling applications under ongoing review with a view to limiting the amount of time applicants have to wait for interview, without compromising an applicant’s right to a fair and balanced examination of their case. The average timescales for scheduling interviews in 2006 and 2007 are set out as follows. In 2007, non-prioritised cases were normally scheduled for interview between 10 and 18 weeks from date of application. In 2006, in relation to non-prioritised cases, the interview was nor- mally within 4 weeks of application. For prioritised cases, in 2006 and 2007 the interview date was usually scheduled within 9 to 12 working days from the date of the initial application. Statistics are not maintained in a way that would make it possible to provide an exact timeframe for the scheduling of interviews in 2005.

331. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the method by which his Department and the Health Service Executive age assess a minor when arriving unaccompanied here seeking asylum; the number of asylum applications that have been made in each of the past five years in respect of unaccompanied children; the number which have been successful; and the number of arrivees who state they are unaccompanied minors. [37558/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 8(5)(a) of the Refugee Act 1996 (as amended) provides that, where it appears to an immigration officer or an authorised officer that a child under the age of 18 years who has arrived in the State and is not in the custody of any person, that child must, as soon as is practicable be referred to the Health Service Executive (HSE) and thereupon the provisions of the Child Care Act, 1991 apply to the child. As regards the HSE and the issue of age assessment, I am informed that the HSE has regard to the Separated Children in Europe Programme (SCEP) Statement of Good Practice, 2004 and the extract relating to ‘Age Assessment’ when dealing with cases of unaccompanied minors. The SCEP is a joint initiative of the International Save the Children Alliance and the United Nations High Commissioner for Refugees. For further details in this regard I would have to refer the Deputy to my colleague the Minister for Health and Children. It is a matter for the HSE to determine whether it is in the child’s interest to have an application for asylum made on their behalf. In the event that an application is made, the HSE then assists the minor throughout the asylum process, including accompanying the minor during the course of their interview. The HSE takes all necessary steps to ensure the safety and welfare of these young people. The ORAC has ongoing experience of persons falsely claiming to be a minor. Where an authorised officer has concerns that the stated age of a person presenting as a minor is not their true age the person is interviewed with a view to assessing their likely age. This interview is carried out by staff who have been specially trained in dealing with unaccompanied minors. The applicant is told in simple terms (with the aid of an interpreter, if necessary) the purpose of the interview and the interview is carried out in an informal manner, with the applicant being reassured that the interview is not an examination of his/her asylum claim. The applicant is also requested to produce any verifiable documentation they may have to support their stated identity and age.

433 Questions— 29 October 2008. Written Answers

[Deputy Dermot Ahern.]

If, after the interview, the opinion is formed that the person may be an unaccompanied minor, a referral to the HSE will be made immediately in accordance with Section 8(5) (a) of the Refugee Act 1996 (as amended). Where a decision is made not to treat the applicant as a minor, this decision, and the reasons underpinning it, is communicated to the applicant in simple terms. This is promptly confirmed in writing to the applicant and, where relevant, his/her legal representative. It is also explained to the applicant that they may request an age reassess- ment. This second assessment is carried out by a more senior officer. If, as a result of the reassessment, an opinion is formed that the applicant is a minor, then he/she will be referred to the HSE. Otherwise, the applicant will be deemed an adult, and his/her progress through the asylum process will be on that basis. Where there is doubt as to age, the benefit of the doubt is given to the applicant. The processing of applications for refugee status from unaccompanied minors has a number of child-specific features and has regard to a number of distinct factors including the UNHCR’s Guidelines. The statistics requested by the Deputy on the number of applications for asylum from unaccompanied minors and the number which have been successful in each of the last five years (2003-2007) and in 2008 are set out in the tabular format.

Applications for Asylum from Unaccompanied Minors 2003-2008 (30/9)

Year 2003 2004 2005 2006 2007 2008 (30/9)

Total 271 128 131 131 94 73

Recommendations to grant Refugee Status to Unaccompanied Minors at first Instance and Appeal Stage 2003-2008 (30/9)*

Year 2003 2004 2005 2006 2007 2008 (30/9)

Total 81 92 75 41 30 13 *Please note that the figures refer to the year in which the decision was made not the year in which the application was lodged.

Statistics are not maintained in relation to the number of persons who claim asylum initially as minors who are subsequently deemed to be adults.

Citizenship Applications. 332. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for naturalisation in the case of persons (details supplied) in County Kildare; when these applications are expected to be finalised; and if he will make a statement on the matter. [37580/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my Reply to Question No. 135 given on Wednesday 22 October, 2008. The position is as stated.

333. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [37581/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received 434 Questions— 29 October 2008. Written Answers in the Citizenship Section of my Department in November 2007. Officials in that Section are currently processing applications received in June 2006. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The current processing time for certificates of naturalisation is approximately 28 months. However, I understand that the applicant in this case is a refugee and in accordance with the Government’s obligations under the United Nations Convention relating to the Status of Refugees every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible.

Asylum Applications. 334. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if all appeal procedures have been exhausted in the case of a person (details supplied) in County Westmeath in view of the fact that the family faces threats to life and well-being if returned to their homeland; and if he will make a statement on the matter. [37582/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, appli- cations for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Citizenship Applications. 335. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of an application for naturalisation in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [37583/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Applications for certificates of naturalisation were received from the persons referred to in the Deputy’s Ques- tion in April 2008 and I decided to refuse the applications. The reason for this decision was disclosed to the applicants in letters dated 9th October 2008. There is no appeals process under the Irish Nationality and Citizenship Act 1956, as amended. It is open to the persons in question to lodge a new application if and when they are in a position to satisfy the statutory require- ments applicable at that time.

Human Rights Issues. 336. Deputy Joe Costello asked the Minister for Foreign Affairs if he raised the issue of human rights with the Chinese authorities during his recent visit; if, in particular, he questioned the persecution of Falun Gong practitioners and the harvesting of organs from persons; and if he will make a statement on the matter. [36871/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): Human rights issues are a standard element in all discussions with the Government of China, including during the Taoiseach’s meeting last week with the Chinese Prime Minister. I did not accompany the Taoiseach to China on this occasion. On a bilateral level, senior officials from the Department of Foreign Affairs engage in regular meetings with the Chinese Embassy in Dublin on human rights issues, at which all major issues of concern — including issues relating to the Falun Gong — are discussed. Our Embassy in Beijing also raises issues and cases involving human rights with the Chinese Government. Likewise, officials from the Department of Foreign Affairs meet Falun

435 Questions— 29 October 2008. Written Answers

[Deputy Michea´l Martin.] Gong representatives, as well as representatives of human rights organisations dealing with China. The Government continues to stress during meetings at all levels the importance that Ireland attaches to human rights, fundamental freedoms and the rule of law. In this context, I welcome the positive developments which have taken place recently in China. I would strongly encour- age the Chinese authorities to continue with these reforms, including ratification of the Inter- national Covenant on Civil and Political Rights (ICCPR). In relation to the allegations of the harvesting of organs from persons, whilst Chinese national legislation now bans organ commercialization, the practice of harvesting organs from executed prisoners remains for us a serious matter of concern. Human rights issues also continue to be a constant and important point of dialogue with the Chinese authorities for the European Union, through the framework of the EU-China Human Rights Dialogue. This broad-ranging dialogue has allowed the EU to engage with China on such issues as freedom of expression, the death penalty, the independence of the judiciary, freedom of religion and minority rights, including the Falun Gong, as well as to urge the Chinese authorities to abolish the “re-education through labour” system. Individual human rights cases, including those of Falun Gong practitioners, are also raised. The next round of the dialogue will take place in Beijing on 28 November.

Visa Applications. 337. Deputy Pat Breen asked the Minister for Foreign Affairs the charges payable by persons (details supplied) in respect of visitor visas to this country; if he has plans to review these charges; and if he will make a statement on the matter. [37327/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): If the Deputy provides further details on the individual applicant who is the subject of this question my Department would be happy to look into the circumstances of the case. Embassies abroad charge visa application fees in accordance with the Diplomatic and Consular Fees (Amendment) Regulations 2004. The fee for a single entry visa application is \60. Fees for translation of documents are charged in accordance with the Diplomatic and Consular Fees (Amendment) Regulations 2005. However, I would like to clarify that in general our Embassy in Ankara is not involved in the translation of documents for visa applicants. It is more likely therefore that the fees referred to by the Deputy were charged by a local notary. In order to assist applicants, and to try to minimise the amount paid by applicants for notar- ised translations, the website of our Embassy in Ankara makes clear that it is not essential to have every word of a document translated, but rather that a summary of what the document is, and the main details in it, will be sufficient. This is noted on the Embassy website in Turkish. I am also pleased to inform the Deputy that comprehensive information on completing the visa application form is also available on my Department’s website in Turkish and 6 other languages — Arabic, Chinese, French, Russian, Spanish and Urdu — which reflect the languages spoken by large numbers of visa applicants. It would not be feasible to have all information translated into every applicant’s own language. Fees for Consular Services are reviewed periodically and I would expect that they will be reviewed before the end of this year given that they were last increased in 2005.

International Agreements. 338. Deputy Brendan Howlin asked the Minister for Foreign Affairs the steps taken by his Department, through diplomatic or other channels, to ensure that children from Belarus can

436 Questions— 29 October 2008. Written Answers continue to make visits to Ireland under sponsorship by a group (details supplied); and if he will make a statement on the matter. [36868/08]

339. Deputy Dan Neville asked the Minister for Foreign Affairs if he will make a statement on a matter regarding persons (details supplied) in County Limerick. [36999/08]

340. Deputy Dan Neville asked the Minister for Foreign Affairs if discussions have taken place with the Belarus Government regarding the travel to Ireland of children under the Chernobyl Children’s Fund; the outcome of such discussions; and the agreements which have been entered into by his officials and the Belorussian authorities. [37277/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): I propose to take Questions Nos. 338 to 340, inclusive, together. I have long been aware of the tremendous contribution of charities and individuals who have worked to help the children of Chernobyl. Once I became aware of possible restrictions on the children’s travel, I arranged a meeting with Adi Roche of Chernobyl Children’s Project International on 8 September to review the situation. I also immediately invited the Charge´ d’Affaires of the Belorussian Embassy in London to Dublin to make clear the Irish Govern- ment’s willingness to arrive at an agreement to provide a framework for visits by Chernobyl children and to open discussions on such an agreement. There followed an intensive series of meetings and a number of exchanges at official level in September and early October, and a draft Agreement was forwarded by my Department to the Belorussian authorities on 6 October. A response to this, requesting further information, was received from Belarus on 16 October. On 13 October, I discussed progress with Belorussian Foreign Minister Martynov in Luxembourg and expressed the Government’s strong hope that — even if negotiations with the Belorussian Government were not fully concluded — visits by the Chernobyl children to Ireland could be allowed to go ahead over Christmas. In a separate but related development, Ireland’s Ambassador to Belarus received a call from the Belorussian Ministry of Humanitarian Affairs on 16 October notifying him that a Presiden- tial Decree had been signed on 13 October relating to travel by Belorussian children overseas. Following further consultations with Adi Roche and a number of other Chernobyl NGOs, and given its potential impact on future visits by children from Chernobyl, it was decided that the Presidential decree had to be addressed in terms of the draft agreement. On 24 October, my Department replied to the Belorussian note of 16 October and proposed a method of doing this. An Irish delegation will visit Minsk in the near future and, depending on the Belorussian response, I hope it will be able to complete negotiations and conclude an agreement which will allow the visits by Chernobyl children to continue.

Debt Relief. 341. Deputy Billy Timmins asked the Minister for Foreign Affairs if he will commit to the points made in a declaration (details supplied); and if he will make a statement on the matter. [37310/08]

342. Deputy Sea´n Barrett asked the Minister for Foreign Affairs if he will commit to the points made in a declaration (details supplied); and if he will make a statement on the matter. [37311/08]

343. Deputy Billy Timmins asked the Minister for Foreign Affairs if he will commit to points made in a declaration (details supplied); and if he will make a statement on the matter. [37312/08]

437 Questions— 29 October 2008. Written Answers

344. Deputy Sea´n Barrett asked the Minister for Foreign Affairs if he will commit to points made in a declaration (details supplied); and if he will make a statement on the matter. [37313/08]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I propose to take Questions Nos. 341 to 344, inclusive, together. Ireland has played an important role internationally on the issue of alleviation of the debt burden on developing countries. Crucially, Ireland’s bilateral assistance to the developing world has always been exclusively in the form of grants rather than loans. The Government has provided very significant resources for initiatives to ease or cancel the debt burden. There are two main international instruments which address the problem of the debt burden, the Multilateral Debt Relief Initiative (MDRI) and the Heavily Indebted Poor Countries (HIPC) Initiative. The MDRI came into effect on 1 July 2006, and provides for cancellation of eligible debt from the World Bank, the African Development Bank and the International Monetary Fund for many of the world’s poorest and most indebted countries. The aim is to relieve these countries from the burden of servicing debt and assist them in making progress on the UN Millennium Development Goals, with the overall objective of halving global poverty by 2015. Ireland’s share of the total cost of debt relief provided by the World Bank under MDRI is \58.64 million. The Government contributed this amount in full in 2006. Ireland has also con- tributed over \20 million to the HIPC Initiative, which is implemented by the World Bank and the IMF, with the objective of reducing the debt burden of qualifying countries to sustainable levels. Overall, the Government position is that we support the development of an international consensus on responsible lending and borrowing procedures and, in this regard, we welcome the dialogue which the World Bank has opened with civil society groups on the complex issues involved. Ireland will continue to adopt a progressive approach on the debt issue, which will be further addressed next month at the UN Conference on Financing for Development in Doha.

Northern Ireland Issues. 345. Deputy Charlie O’Connor asked the Minister for Foreign Affairs if he will report on contacts he is maintaining, within the remit of his Department, with the British authorities in respect of the Omagh bombing on 15 August 1998; if his attention has been drawn to the decision of the British-Irish Interparliamentary Body on 20 October 2008, to support a motion on the subject and to strong views of many people here that issues relating to Omagh, and the Dublin and Monaghan bombings, must be resolved; and if he will make a statement on the matter. [37315/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): The Government consistently raises with the British Government ongoing issues which are the legacy of the Troubles. This includes issues arising from the bombing in Omagh in August 1998 which resulted in appalling loss of life and injury. Following the recent revelations made by a BBC documentary relating to the Omagh bombing, I again raised our concerns with the Secretary of State for Northern Ireland. I am also aware that the matter was the subject of a motion adopted at the recent meeting of the British- Irish Parliamentary Assembly. I will continue to monitor closely developments in this case and to remain in close touch with the British authorities. The wider question of dealing with the past, including the Omagh and Dublin and Monaghan bombings, is among the issues being considered by the Consultative Group on the Past, co-

438 Questions— 29 October 2008. Written Answers chaired by Archbishop Robin Eames and Denis Bradley. The Government welcomed the estab- lishment of the Consultative Group and has remained in close contact with it. In this regard, I will continue to work closely with all those seeking to bring closure to victims and survivors, and thereby assist community confidence in the wider process.

Departmental Staff. 346. Deputy Joe Carey asked the Minister for Foreign Affairs the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37360/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): The Department of Foreign Affairs implements the following schemes involving awards to staff: the Scheme of Performance Related Pay Awards and the Exceptional Performance Awards Scheme. Scheme of Perform- ance Related Pay Awards. The Scheme of Performance Related Pay Awards in the Civil Service applies to Deputy and Assistant Secretaries and equivalent grades. It does not apply to Secretaries General. The following table sets out the amounts paid during the years in question:

Year Amount \

2006 532,000 2007 609,000 2008 656,000

These payments were subject to tax and PRSI. The awards were made by the Committee for Performance Awards, chaired by the Secretary General for Public Service Management and Development in the Department of Finance, following recommendations by the Secretary General of the Department of Foreign Affairs. Payments made in each year related to officers’ performance during the preceding calendar year. Details of the operation of the Performance Related Pay Awards scheme are available in the reports of the Committee for Performance Awards for the years concerned, and can be accessed on the website of the Department of Finance at the following links: http://www.finance.gov.ie/documents/civilservice/civilservice/CPA2005.pdf http://www.finance.gov.ie/documents/publications/reports/CPArep2006.pdf http://www.finance.gov.ie/documents/publications/reports/2008/cpareport07final.pdf

Exceptional Performance Awards Under the Department of Foreign Affairs’ Administrative Budget Agreement with the Department of Finance, a fund amounting to 0.2% of the Department’s salaries budget is available each year to the Secretary General in respect of ex-gratia payments or other awards to individual staff members or groups of staff, by way of recognition of exceptional performance of duty. The following table sets out the amounts paid during the years in question:

Year Amount \

2006 120,150 2007 88,500 2008 82,900

439 Questions— 29 October 2008. Written Answers

[Deputy Michea´l Martin.]

This scheme is administered by a sub-group of the Department’s Partnership Committee, which assesses nominations for merit awards and makes recommendations to the Secretary General of the Department. The objective of the scheme is to reward cases of genuinely exceptional performance by officers in grades up to and including Counsellor/Principal Officer level. The Exceptional Performance fund also provides for officers in the Department with at least 25 years’ experience to receive an award in recognition of their long service. This award com- prises a gift of \250 along with a special commemorative coin. The following table sets out the amounts paid in respect of such long service awards during 2006 and 2007. Awards for 2008 have not yet been given.

Year Amount \

2006 18,559 2007 75,275

Sports Funding. 347. Deputy Mary Upton: asked the Minister for Arts, Sport and Tourism the status of the Gaelic players grant scheme; if this will continue to be funded in 2009; if this funding is ring- fenced or if it is being deducted from the total funding of the Irish Sports Council; and if he will make a statement on the matter. [37042/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The funding of the Gaelic players grant scheme is a matter for the Irish Sports Council in the context of its distribution of its budget of \53.026m for 2009.

Official Engagements. 348. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if any Members of the Oireachtas represented the Government at the Rugby World Cup in France in 2007 or at the Heineken Cup final in May 2008. [37350/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): My Department does not coordinate Government representation at any international sporting events. However, I can confirm that I attended the Heineken Cup Final in May 2008 at the invitation of the ERC.

Departmental Staff. 349. Deputy Joe Carey asked the Minister for Arts, Sport and Tourism the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37353/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The scheme of performance- related awards in the civil service applies to Deputy and Assistant Secretaries and equivalent grades. On the basis that the awards are confidential to the officer concerned, details of individ- ual awards are not disclosed nor is the total amount awarded under the scheme made known in respect of Departments where there are less than 5 officers covered by the scheme which would allow them to be identified, which is the case in the Department. Details of the operation of the scheme are available in the report of the Committee for Performance Awards which can be accessed on the website of the Department of Finance at: 440 Questions— 29 October 2008. Written Answers

www.finance.gov.ie/documents/publications/reports/CPArep2006.pdf. The payment of bonuses by the agencies under the aegis of the Department is a matter for the agencies themselves.

Voluntary Sector Funding. 350. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the amount his Department has allocated to an organisation (details supplied) for the years 2007 and 2008; and if he will make a statement on the matter. [37392/08]

351. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if a publicly funded body (details supplied) is obliged to publish annual accounts; if such accounts have been published; and if he will make a statement on the matter. [37394/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I propose to take Questions Nos. 350 and 351 together. The body in question is a voluntary non-profit-making organisation. It is not a limited com- pany and, as such, is not covered by the requirement of the Companies Act, 1963, as amended, to publish accounts. In 2007 the body was allocated \5 million and a further \6 million in 2008 by the Department towards its Capital Development Programme. Expenditure under this programme for 2007 and 2008 is fully accounted for. The Annual Report and Accounts for Comhaltas are submitted to and debated at its Annual Congress and made available to its 400 branches. Copies are also submitted annually to the Department of Arts, Sport and Tourism and the Department of Community, Rural and Gaeltacht Affairs which provides the organis- ation with funding towards its programme.

352. Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs if a publicly funded body (details supplied) is obliged to publish annual accounts; if such accounts have been published; and if he will make a statement on the matter. [37393/08]

354. Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs the amount his Department has allocated to an organisation (details supplied) for the years 2007 and 2008; and if he will make a statement on the matter. [37391/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 352 and 354 together. The funding provided by my Department to the organisation concerned for the years 2007 and 2008 is set out in the following table.

Year \m

2008 1.58 2009 1.91

With regard to the organisation being obliged to publish annual accounts I understand that it is registered with the Registry of Friendly Societies. The Registry maintains public files, which contain details such as rules, members’ names and annual audited accounts for each organis- ation registered. These files are open to public inspection.

Departmental Staff. 353. Deputy Joe Carey asked the Minister for Community, Rural and Gaeltacht Affairs the 441 Questions— 29 October 2008. Written Answers

[Deputy Joe Carey.] amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37355/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I assume that the Deputy is referring to the scheme of performance-related awards for posts at the level of Deputy Secretary and Assistant Secretary. Under this scheme operated by the Department of Finance, the Central Committee for Performance Awards considers recommendations made by Secretaries General. The table below shows the amount paid from 2006 to date under this performance related scheme to staff in my Department.

Year Total

2006 \35,200 (in respect of 2005) 2007 \38,400 (in respect of 2006) 2008 \41,000 (in respect of 2007)

In addition other bodies under the aegis and agencies under the jurisdiction of my Depart- ment operate various bonus schemes. I am informed that the amounts paid from 2006 to date under these schemes are included in the table below.

Year Total

2006 STG £12,317.15 \20,590 (in respect of 2005 / 2006) 2007 \24,654 (in respect of 2006 / 2007) 2008 \25,684 (in respect of 2007 / 2008)

For the sake of completeness, I should add that under the provisions of this Department’s scheme of exceptional performance, 0.2% of the administrative budget may be made available to staff in recognition of exceptional contribution or performance by individuals or teams. The following table sets out the payments made in each of the years in question:

Year Total

2006 \26,810 2007 \24,945 2008 Nil to date

I understand that \29,750 is the amount available in respect of 2008, but that no payments have been made to date.

Question No. 354 answered with Question No. 352.

Inland Waterways. 355. Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs when the Royal Canal will be made fully navigable from Island Bridge through to the Shannon; the amount that has been provided by his Department to allow the remaining section of the canal to the Shannon to be completed; and if he will make a statement on the matter. [37410/08] 442 Questions— 29 October 2008. Written Answers

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I understand that in July 2008 Waterways Ireland let the contract for the replacement of Lyneen Bridge, the last of the 9 bridges required to facilitate the reopening of the Royal Canal. Completion of Lyneen Bridge is scheduled for early 2009, followed by commissioning of the entire length of restored canal. It is anticipated that the formal opening of the Royal Canal may take place at the start of the new boating season in 2010. It is estimated that some \3.8 million will be spent in 2009 under the National Development Plan 2007-2013 from funding provided through my Department’s Vote to complete the remaining works on the Royal Canal.

Departmental Programmes. 356. Deputy Michael Ring asked the Minister for Social and Family Affairs the schools in County Mayo that currently benefit from a scheme (details supplied); the cost of operating this scheme in County Mayo; the way the scheme is tendered and operated locally; and if she will make a statement on the matter. [37114/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The school meals programme gives funding towards the provision of food services for disadvantaged school children through two schemes. The first is the long-standing statutory urban school meals scheme, operated by local authorities and part-financed by the Department of Social & Family Affairs. The second is the School Meals Local projects scheme through which funding is provided directly by the Department to participating schools and local and voluntary community groups who are run- ning their own school meals projects. Priority for funding under the school meals local projects scheme is given to schools which are part of the Department of Education & Science’s initiative for disadvantaged schools, ‘Delivering Equality of Opportunity in Schools’ (DEIS). Funding under the School Meals Local Projects Scheme is available for a variety of school meals projects, including breakfast clubs, snack clubs, lunch clubs, dinner clubs and homework clubs. The decision to operate a school meals project and responsibility for the actual operation of the project, including the supply of food to the school, rests entirely with the school or organisation concerned. Funding under the scheme is to assist participating schools/ organis- ations with food costs only. In Co. Mayo, 106 schools, preschools and organisations have benefited under the school meals programme to date. This includes a variety of different types of school food projects, including schools who receive funding directly from the Department for either the full school population or for targeted pupils and also school food projects operated by local and voluntary organisations. In the school year 2007/2008, \2.5 million in funding issued to schools and organ- isations located in Co Mayo in respect of the school meals programme. The school meals programme has expanded significantly in recent years. Total expenditure on the urban and local projects school meals schemes increased from \13.6 million in 2006 to \28.2 million in 2007, and is expected to be in the region of \32 million in 2008. In 2006, 1,389 schools and 125,000 pupils benefited from the programme and this increased to over 189,000 pupils from over 1,900 schools in 2007.

Social Welfare Benefits. 357. Deputy Joe Costello asked the Minister for Social and Family Affairs if she will restore the right to child benefit to all children here; the number of children who have been refused the benefit in each of the past five years; the number being refused at present; and if she will make a statement on the matter. [36873/08]

443 Questions— 29 October 2008. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): Child benefit may be paid in respect of a qualified child who must be under the age of 16 years and ordinarily resident in the State. The vast majority of children satisfy the qualifying conditions. The benefit is paid to the qualified person with whom the child normally resides. Since May 2004, the qualified person must satisfy the Habitual Residence Condition. The purpose of the Habitual Residence Con- dition is to allow access to social welfare schemes to people who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State. It was introduced because Ireland at that time was one of only three Member States of the EU to open its borders without restriction to nationals of the new EU States in May 2004. EU Regulations provide that European Economic Area (EEA) nationals who are migrant workers, i.e. who are employed or self-employed in this country, or who are receiving Irish Jobseekers benefit since being in employment here, are entitled to payment of family benefits in respect of their families. This applies whether the families are resident with them in Ireland or in another Member State. Under these Regulations, the family members are treated as if they are resident in Ireland for the purpose of child benefit. Approximately 2,780 claims to Child Benefit for some 5,800 children have been refused since May 2004 as the applicant did not satisfy the habitual residence condition. However a number of claims have subsequently been awarded as the customer’s residency status or employment circumstances have changed; currently there are some 1,660 claims (in respect of 2,280 children) disallowed due to the Habitual Residency Condition not being met. In the same period, a total of over 390,000 new claims for Child Benefit was received. The number of disallowances on HRC grounds since 2004 is as follows:

Year New claims Disallowed

2004 (from May) 51,444 437 2005 81,715 754 2006 97,707 349 2007 95,723 577 2008 (to end Sept) 70,252 663

Those who are refused child benefit on the grounds of failing to satisfy the HRC are mainly people whose claims to asylum have not yet been decided, others who have not obtained a work permit, or persons who have had only a minimal or no attachment to the workforce since coming to Ireland. Those who do not satisfy the condition because they are in the asylum process have direct provision available to them; in certain cases they may also avail of exceptional needs payments from the local Health Board while their asylum applications are being processed and in this manner the rights and welfare of the child are protected. As soon as refugee status is granted to such people, they are accepted as habitually resident and they would therefore be entitled to child benefit in respect of their qualifying children. The operation of the habitual residence condition in the Department continues to be monitored on an ongoing basis.

358. Deputy Jack Wall asked the Minister for Social and Family Affairs if her attention has been drawn to the 16 week waiting time for processing carer’s allowance applications; the actions that she will take to reduce the timescale involved; and if she will make a statement on the matter. [36917/08] 444 Questions— 29 October 2008. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The average time to award a claim for carer’s allowance is currently just over 14 weeks. Entitlement to carer’s allowance is based on an applicant satisfying medical, means and residency conditions. In determining entitlement to the allowance there are, in certain cases, unavoidable time lags involved in making the necessary investigations and enquiries to enable accurate decisions to be made. Delays can also arise if people applying for the allowance are not in a position to supply all the necessary information in support of their claim. Many applicants for carer’s allowance are already in receipt of another social welfare payment while their claim is being processed. The number of claims for carers allowance submitted in 2007 was 18,000 compared to 10,700 in 2006, an increase of 68%. A total of 16,000 new applications for Carer’s Allowance has been received this year to date (week end 17 October 2008). The large increase in applications received is mainly due to the introduction of the half rate carer’s allowance payment which came into effect from 27 September 2007. A total of 17,300 claims has been decided this year to date. This is compared to 13,900 claims decided in 2007, an increase of 53%. The staff and other resources available to the Department are regularly reviewed having regard to the workload arising and other competing demands. The Department monitors avail- able resources against workload on an ongoing basis with a view to ensuring optimum pro- cessing times for claims. A review of the existing processes and procedures has been completed by the Department for Carer’s Allowance with the objective of reducing claim processing times, and improvements have been implemented. The position continues to be kept under close review.

359. Deputy Michael Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has been refused jobseekers benefit, in view of the fact that they have contributions for the past ten years. [36952/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned applied for jobseekers benefit on 9 September 2008 and received payment at the maximum weekly rate of \197.80 until 8 October 2008 when he signed off the unemployment register to return to full-time education. 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.

360. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and granted disability allowance. [36953/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Disability Allowance is a weekly allowance which is currently paid to people with a specified disability who are aged 16 or over and under age 66. With effect from January 2009, as part of the Budget 2009 measures, the minimum age for receipt of Disability Allowance has been raised to 18 years of age for new claimants. The disability must be expected to last for at least one year and the allowance is subject to both medical assessment and a means test. The person concerned made an application for disability allowance on 15 September 2008. His application was assessed by this Department’s medical assessor and was found to be medi- cally suitable for Disability Allowance. In order to assess his means he is due to be interviewed by the Social Welfare Inspector over the next 5 working days. The Social Welfare Inspector will then complete a report and the applicant’s file will be forwarded to the Disability Allow- ance Section in Longford. A final decision will be given on this person’s application for Dis-

445 Questions— 29 October 2008. Written Answers

[Deputy Mary Hanafin.] ability Allowance upon receipt of the Social Welfare Inspector’s report. He will be notified directly of the outcome.

361. Deputy Michael Ring asked the Minister for Social and Family Affairs the way a person (details supplied) in County Mayo was assessed for farm assist; and if this person will be re- assessed for farm assist. [36955/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned is in receipt of farm assist at \19.10 per week, which is the appropriate rate in his case. A Deciding Officer determined that he has weekly means of \310.00, derived from income from a holding, self-employment as an agricultural contractor and leasing of land. The means decision was subsequently upheld by an Appeals Officer on 28 July 2008. An Appeals Officers decision is final in the absence of new facts, or fresh evidence. If his circumstances have changed since the last means assessment, it is open to the person concerned to apply for a review and forms for this purpose have been issued to him. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Code. 362. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the policy in place regarding the decision on the types of compensation payments which are disregarded in the means test for the disability allowance; the reason not all compensation payments are treated the same; and if she will make a statement on the matter. [37066/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In assessing means for social assistance purposes, including disability allowance, account is taken of any cash income the person may have, together with the value of capital and property (except the home). In general, capital acquired as a consequence of a compensation award is assessed in the same manner as capital derived from other sources e.g. through saving or by way of inheritance. However, there are a limited number of exceptions to this rule. The income from capital is not assessed for the purposes of all social assistance schemes, including disability allowance, where it was awarded as compensation:

(a) by the relevant compensation tribunals or by a court of competent jurisdiction to compen- sate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin — Anti-D, whole blood or other blood products,

(b) by the Residential Institutions Redress Board;

(c) to persons who have disabilities caused by Thalidomide, or

(d) under the provisions of the Health (Repayment Scheme) Act 2006 to a relevant person within the meaning of that Act.

These limited exceptions were introduced over the years in recognition of the unique back- ground to these awards and to ensure that social assistance recipients did not experience a potential reduction in entitlement as a result of receiving such an award. For the purposes of social assistance schemes, an initial amount of capital is disregarded for means test purposes. This was increased from \12,697 to \20,000 in 2005. With effect from

446 Questions— 29 October 2008. Written Answers

June 2007, this was further increased to \50,000 for disability allowance purposes only. The current arrangements mean that a single recipient of Disability Allowance, with no other means, can have capital of up to \52,999 and still qualify for a payment at the maximum rate while a reduced rate can be payable where capital of up to \81,999 is owned. Any further changes to the current capital assessment arrangements would fall to be considered in a Budget- ary context.

Social Welfare Benefits. 363. Deputy Bernard Allen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Cork is receiving no social welfare benefit or assistance from the State; and if there will be a reassessment of their case. [37251/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). Apart from a number of excluded categories, anyone in the State who satisfies a means test, has applied for any other benefit or allowance to which they may be entitled, has registered for work with FA´ S, if they are of working age, or is incapable of work by reason of some specific disease or physical or mental disability and satisfies a habitual residency test, may qualify for a weekly payment of SWA. The person concerned claimed Illness Benefit (IB) in the past but his claim was disallowed as he failed the qualifying contribution conditions. He was however awarded credited PRSI contributions in respect of medical evidence of incapacity for work submitted but was found capable of work by a Medical Assessor in 2006. The IB claim for the person concerned was closed from 26th July 2008 as he submitted a final certificate of incapacity for work. He then applied for Jobseekers Allowance (JA) on 29 July 2008. The JA claim was disallowed by a Deciding Officer with effect from 29 July 2008 on the grounds that he was not available for employment and he was also not seeking full-time employment. He recently lodged an appeal against the decision to refuse JA. The person concerned was in receipt of SWA and rent supplement until early October 2008 at which stage both payments were temporarily suspended pending a full examination of his claim by the HSE. Following this examination, the southern area of the HSE has advised that SWA and rent supplement payments have been reinstated pending the outcome of his appeal for JA. Payment of arrears is also being made for the period in October when his claim was temporarily suspended.

364. Deputy Michael Ring asked the Minister for Social and Family Affairs if she will provide a total and complete breakdown of the way arrears were calculated for a person (details supplied) in County Mayo. [37254/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned applied for jobseekers allowance on 11 Feb 2008. Until a decision was given on his claim in April, 2008, he received supplementary welfare allowance based on a nil means assessment. In April, 2008, a Deciding Officer assessed his means at \194.00 per week, giving him a jobseekers allowance entitlement of \183.10 per week. The amount of supplementary welfare allowance he received in the period exceeded his jobseekers allowance entitlement by \2,153.60. On 10 October, 2008, a Deciding Officer revised his means assessment to nil with effect from 1 May, 2008, giving him a jobseekers allowance entitlement of \401.10 per week, from that date. Arrears of \4,203.33 were due to him as a result of this decision. However, this amount was reduced by \2,153.60 to recover the excess of supplementary welfare allowance paid to

447 Questions— 29 October 2008. Written Answers

[Deputy Mary Hanafin.] him. The net amount of arrears due to him was \2,049.70. An arrears payment of this amount issued to him on 17 October, 2008. 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.

Pension Provisions. 365. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the rates for reduced rate pensions that will apply in 2009. [37263/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The rates applicable to State Pension (Contributory), State Pension Transition and Widow/er’s Contributory Pension from January 2009 are outlined in the table. The maximum personal rate of State Pension (Non- Contributory) will increase to \219.00 from January 2009 and this rate will be payable to people with means of less than \30.00 per week. State Pension (Non-Contributory) reduces by \2.50 per week for each increase in weekly means of \2.50. The minimum personal rate in 2009 will be \4.00 per week, payable to people with means of \245.00 per week. The new payment rates for all social welfare schemes will be made available shortly on the Department’s website and will be published in the “Social Welfare Rates of Payment 2009” booklet in due course.

Scheme Yearly average contributions Rate per week

\

State Pension (Contributory) Personal Rate 48+ 230.30 20 – 47 225.80 15 – 19 172.70 10 – 14 115.20 5 – 9 57.60

State Pension (Transition) Personal Rate 48+ 230.30 24 – 47 225.80

Widow/er’s Pension Personal Rate under age 66 48+ 209.80 36 – 47 206.80 24 – 35 204.30 18 – 23 150.90 12 – 17 99.50 5 – 11 50.40

Personal Rate over age 66 48+ 230.30 36 – 47 225.80 24 – 35 220.40 18 – 23 165.20 12 – 17 109.70 5 – 11 54.90

448 Questions— 29 October 2008. Written Answers

Social Welfare Benefits. 366. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs if she will waive the overpayment being sought from a person (details supplied) in Dublin 3. [37266/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned was in receipt of Carer’s Allowance in respect of her mother. Following investigation it came to the Department’s attention that the care recipient was in full time nursing care from 17 May 2006. A carer may continue to be regarded as providing full-time care and attention while the care recipient is undergoing medical treatment in a hospital or other institution for a period not longer than 13 weeks in a year. Therefore, having regard for Section 302(b) of the Social Welfare (Consolidation) Act 2005 (SWCA93), a deciding officer found that the person con- cerned was not entitled to Carer’s Allowance for the period 17 August 2006 to 5 September 2007. Accordingly she was overpaid by \10,832.80 and this sum is recoverable by the Department. The person concerned was notified of this decision, the reasons for it and of her right of appeal to the Independent Social Welfare Appeal’s Office. She was also notified of the over- payment recovery payment methods. Under Social Welfare legislation, decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Appeals. 367. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the position of an appeal in relation to an application for social welfare payment in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [37276/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The claims for jobseekers allowance by the persons concerned were refused by a Deciding Officer on the 29 July 2008 on the grounds that they did not satisfy the habitual residence conditions. An appeal was opened on 17 September and I am advised by the Social Welfare Appeals Office that, in accordance with the statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. These are now to hand 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.

Employment Support Services. 368. Deputy Joan Burton asked the Minister for Social and Family Affairs the active labour market or back-to-work measures which have been introduced by her Department since May 2007 to date in 2008; and if she will make a statement on the matter. [37283/08]

369. Deputy Joan Burton asked the Minister for Social and Family Affairs the active labour market or back-to-work measures under development by her Department; and if she will make a statement on the matter. [37284/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 368 and 369 together. There is a range of education and employment supports available to people in receipt of welfare payments. These initiatives include the back to work allowance and the back to edu-

449 Questions— 29 October 2008. Written Answers

[Deputy Mary Hanafin.] cation allowance and are designed to assist and facilitate people on social welfare payments to return to the active labour force. The back to education allowance (BTEA) is designed to encourage people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. It enables qualified people who have been getting a social welfare payment to continue to receive a payment while pursu- ing an approved full-time education course. The following improvements to the back to education scheme came into effect from the beginning of the September 2007 academic year: people who are awarded statutory redundancy may access the BTEA scheme immediately provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study; and the qualifying period for illness benefit recipients was reduced from three to two years. In addition the cost of education allowance was increased to \500 from the beginning of the current academic year. Access to the scheme was also extended to people who are not receiving a weekly social welfare payment but who either sign the Live Register or submit medical certificates primarily in order to receive PRSI credits. The people concerned continue to receive PRSI credits and also qualify for the cost of education allowance. The back to work allowance scheme (BTWA) is designed to assist the long term unemployed, and other social welfare recipients to return to work. The scheme is designed to support people who would not otherwise be able to return to the workforce for financial reasons. There have been no changes to the conditions for the BTWA in the period referred to by the Deputy. The National Development Plan (NDP) 2007 -2013 provides for the Social and Economic Participation Programme involving an investment of \50 million in a new initiative specifically targeted at encouraging and supporting those on social welfare to make the transition from passive welfare payments to active participation in employment. The objective of the prog- ramme is to promote participation and social inclusion through activation measures aimed at people of working age on welfare, and to facilitate progression regardless of the circumstances that led the person to require income maintenance. This is a new service, delivered through the Department’s facilitator network working in co-operation with other relevant service pro- viders such as FA´ S, VECs, HSE and other local agencies. The programme complements exist- ing services, such as the back to work and back to education schemes, as well as services offered by other agencies in agreed circumstances, where necessary. The Department’s facilitator service is being expanded to provide for a one to one service to people who need intensive support to access education, training or employment. Ten additional facilitators have been appointed, a further 20 will be appointed in the coming year to bring the total in place to 70. In the first 3 years \13 million will be invested, following which the prog- ramme will be reviewed to ensure it is reaching the target groups. In response to the downturn in the construction industry sector and in recognition of the special difficulties faced by apprentices who are being laid off, the Department and FA´ S are working together to facilitate such apprentices in finishing their apprenticeships by placing them in employment where possible to enable them to obtain necessary certification thereby enhancing employment prospects at home and abroad. A particular priority is being placed on younger people signing on for the first time and people who have completed the Employment Action Plan process but who are still on the Live Register. Over the summer months the Department conducted a targeted programme to encourage young people between 18 and 25 years of age who were signing on the Live Register for more than six months to gain additional skills and qualifications through participation in further education.

450 Questions— 29 October 2008. Written Answers

All of these initiatives are being undertaken as the Department recognises that unemploy- ment payments need to supplemented by activation measures to encourage and support social welfare recipients of working age to reduce their dependency on social welfare payments. The measures build on the co-operation and co-ordination that exists between the Department of Social and Family Affairs and FA´ S. The Department continues to monitor and review the conditionality and operation of the employment support schemes with a view to providing the best possible service to its customers and to targeting limited resources at those who are most in need.

Anti-Poverty Strategy. 370. Deputy Joan Burton asked the Minister for Social and Family Affairs her views on the OECD’s recently published report entitled Growing Unequal Income Distribution and Poverty in OECD countries; her further views on its findings with respect to income poverty and persist- ent poverty trends in Ireland vis-a`-vis other OECD countries; and if she will make a statement on the matter. [37286/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The recently published OECD report ‘Growing Unequal? Income Distribution and Poverty in OECD Countries’ examines whether income inequality has increased over time in the 30 developed countries of the OECD. The report concludes that the gap between rich and poor has grown in more than three-quarters of OECD countries over the past two decades. Although income inequality in Ireland, as measured by the Gini Coefficient, is slightly above the OECD average, there was a decline in this measure during the period under review. This decrease contrasts with the domi- nant pattern across the OECD, which was one of a fairly widespread increase in inequality in two-thirds of all OECD countries. Relative income or the ‘at risk of poverty’ indicators are also examined in the report. These are relatively high for Ireland due to a number of factors. The indicator is based on incomes generally and these improved substantially since the early 1990s. This was due, in particular, to the major increases in the labour force, in employment, in the proportion of more highly paid jobs, and in female participation in the workforce, leading to considerably more two income households. These developments are reflected in the increase in the ‘at risk of poverty’ income threshold, based on incomes generally, from \102.44 per week in 1997 to \202.49 in 2006 — an increase of 98 per cent (This threshold is set at 60 per cent of average median income by the EU). The impact of the major increase in average incomes masked, for example, the substantial improvements for those on lower incomes. For example, over the period 1997 to 2006, basic social welfare payments increased by 99.7%, compared to price increases (Consumer Price Index) of 35.8 % and average industrial earnings of 61.8%. The impact of both the high levels of employment and substantial increases in welfare pay- ments can be seen in recent poverty trends. The percentage ‘at risk of poverty’ reduced from 19.7% in 2003 to 17% in 2006. The decline is most marked among the elderly for whom the percentage at risk of poverty more than halved from 29.8% in 2003 to 13.6% in 2006. One outcome of these developments is that Ireland’s comparative position with other EU Member States has reduced from the third highest ‘at risk of poverty’ rate in 2005 to tenth highest in 2006. The overall poverty goal in the National Action Plan for Social Inclusion 2007 to 2016 (NAPinclusion) is to reduce basic deprivation or ‘consistent poverty’ to between 2% and 4% by 2012, with the aim of eliminating it by 2016. Since 2003 the percentage experiencing consist-

451 Questions— 29 October 2008. Written Answers

[Deputy Mary Hanafin.] ent poverty has reduced from 8.8% in 2003 to 6.9% in 2006 — an almost 2 percentage points reduction, which is on target to meet the overall goal of the strategy. The comprehensive strategy set out in the NAPinclusion and in the Chapter on social inclusion in the National Development Plan is designed to reduce poverty and inequality in the period up to 2016.

Departmental Staff. 371. Deputy Joe Carey asked the Minister for Social and Family Affairs the amount paid in bonuses to anyone under the jurisdiction of her Department for the years 2006, 2007 and 2008; and if she will make a statement on the matter. [37363/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Civil service posts at the levels of Assistant Secretary and Deputy Secretary are covered by a scheme of performance related awards. Recommendations in relation to awards are made by the Secretary General of each department and the operation of the scheme is overseen by the Committee for Perform- ance Awards. The funding for awards is based on 10% of the payroll for the posts covered by the scheme. Within this overall limit, payments of up to 20% can be made to individuals. Details of the procedures, the numbers covered by the scheme, the range of awards and the total amounts paid in Departments are outlined in the annual reports of the Committee (available on the website www.finance.gov.ie). The Committee does not identify the amount paid to individuals as this is regarded as personal information. In addition, there is a scheme for Recognition of Exceptional Performance by Staff which operates across the Civil Service. This scheme has been in operation since 1996 and allows Secretaries-General to make awards for sustained exceptional performance to staff. Awards may be made in respect of performance above the level which would reasonably be expected in the normal course from the grade of staff involved. All staff in the Department, irrespective of grade, can nominate another staff member or a team for an award, at any time during the year. The total expenditure on the scheme, which in my Department is called the Fiu´ ntas scheme, may not exceed 0.2% of payroll costs. Expenditure on the scheme, including any tax and PRSI liability covered by the Department’s pay budget was \425,420 in 2006, \324,690 in 2007 and \110,510 to date in 2008. The State Agencies currently operating under the aegis of the Department are the Pensions Board, the Citizens Information Board, the Family Support Agency and the Combat Poverty Agency. Schemes of performance-related pay can apply to the Chief Executive Officers of non- commercial State sponsored bodies. The Chief Executive Officers of the Agencies outlined above are eligible to be considered for a performance related bonus payment of up to a maximum of 20% of basic salary. Decisions regarding the level of payments to be awarded in individual cases are the responsibility of the Board of the body concerned.

Social Welfare Benefits. 372. Deputy Joe Costello asked the Minister for Social and Family Affairs the number of applications for child benefit received by her Department in each of the past five years; the number of cases outstanding for each year; the average length of time for processing cases for child benefit; and if she will make a statement on the matter. [37430/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The number of claims for Child Benefit received in the last 5 years is as follows:

452 Questions— 29 October 2008. Written Answers

Year Number of claims

2003 74,392 2004 77,166 2005 81,715 2006 97,707 2007 95,723 2008 70,252 (to end Sept)

There is currently a total of 8,600 claims for non-resident children of EU migrant workers, dating from late 2006 to September 2007, to be finalised. Of these, some 1,200 were received in 2006, and 7,400 in 2007. In a further 2,700 non-resident claims received in 2008, additional information has been requested to enable the claims to be finalised. There are in addition some 9,100 claims in respect of non-Irish born children, now resident in Ireland, at various stages of processing prior to finalisation. 600 of these claims were received in December 2007, the balance of 8,500 having been received in 2008. For children born in Ireland, approximately 65,000 each year, their claims are processed in either an automated or semi-automated manner using information received from the General Registrar’s office when their births are registered. These claims are paid within an average of 10 days of the birth registration. For non-Irish born, but resident children, the average processing time is currently 10 months. These cases are slower to process as the customer must satisfy the Habitual Residency condition test and this may entail contacting employers, Department of Justice and other relevant bodies to confirm their status in the state. This additional complexity combined with an increase in the volume of applications received in recent years, have lead to an arrears of claims to be processed, which is currently being addressed by the additional 9 staff that have been allocated to clear the arrears of these cases over the next 6 months. Claims for non-resident children paid under EU regulations are normally processed in 3-6 months, depending on the additional information that has to be obtained. Before payment of Child Benefit is made for non-resident children it is necessary to contact the authorities in the country of residence of the children to confirm details and establish what, if any, family benefits are payable in the home country as this will determine entitlement to Irish payments. The volume of these claims received during 2006 and 2007 increased from 50 per week to over 300 per week at one point, with over 25,000 such claims being received in this period. This has resulted in the significant arrears of claims to be processed. These arrears of claims are cur- rently being dealt with; the average processing time is 18 months. Some 16 additional staff have been assigned to this area and it is anticipated that all arrears will be cleared during the first half of 2009.

Departmental Staff. 373. Deputy Joe Carey asked the Minister for Defence the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006 to 2008, inclusive; and if he will make a statement on the matter. [37356/08]

Minister for Defence (Deputy Willie O’Dea): Civil Service posts at the levels of Assistant Secretary and Deputy Secretary are covered by a scheme of performance related awards. The operation of the scheme is overseen by the Committee for Performance Awards (CPA). Details 453 Questions— 29 October 2008. Written Answers

[Deputy Willie O’Dea.] of awards to individual officers under the scheme are not disclosed on the basis that they are confidential to the officer concerned. However, I can say that during 2006, 2007 and 2008 awards totalling \21,200, \22,400 and \22,000 respectively were made to two officers in my Department. Performance awards for other civil service grades are made to individual staff members and to groups of staff by way of recognition for exceptional performance of duty. In assessing eligibility for awards, regard is given to the nature and quality of the activities involved and to the circumstances under which they were carried out. Attention is also paid to the grade level of the staff members concerned and to what would be regarded as high quality performance from staff in such grades. In 2006 a total of \41,118 was awarded under the Scheme for Recog- nition of Exceptional Performance, comprising 35 individual awards ranging from \50 to \2,000, and 26 group awards ranging from \80 to \1,080. In 2006 there were 388 members of staff across all grades up to and including Principal Officer level who were eligible for consideration for an award under the above scheme. In 2007 a total of \22,421 was awarded under the Scheme for the Recognition of Exceptional Performance, comprising 2 individual awards of \600 and \1,000 and 34 group awards ranging from \100 to \1,500. In 2007 there were 400 members of staff across all grades up to and including Principal Officer level who were eligible for consideration for an award under the above scheme. To date in 2008 under the scheme for Recognition of Exceptional Performance, two individual awards of \700 and 7 individual awards of \200 have been made. In 2008 there were 419 members of staff across all grades up to and including Principal Officer level eligible for consideration for an award under the scheme. The Scheme for Performance Related Awards also applies to officers of the Permanent Defence Force at the level of Brigadier General and Major General. The following awards were made under this scheme:

• In 2006 an amount of \119,500 was awarded to a total of 12 personnel.

• In 2007 an amount of \106,800 was awarded to a total of 10 personnel.

• In 2008 an amount of \125,900 was awarded to a total of 11 personnel.

Army Barracks. 374. Deputy Willie Penrose asked the Minister for Defence the basis on which the Govern- ment took the decision to close Connolly Barracks, in Longford; if, in the context of the public concern being expressed about this decision, he will take steps to review and reverse same due to its impact; and if he will make a statement on the matter. [37411/08]

Minister for Defence (Deputy Willie O’Dea): The consolidation of the Defence Forces for- mations into a smaller number of locations is a key objective of the White Paper on Defence. The dispersal of personnel over an extended number of locations is a major impediment to essential collective training. It also imposes increased and unnecessary overheads on the Defence Forces in terms of barrack management, administration, maintenance and security. The consolidation process is designed to facilitate higher training standards, while also freeing up under-utilised resources and personnel for operational duties. The funding previously realised from the disposal of surplus barracks and properties has, together with pay savings, provided some of the resources required for infrastructure, training-

454 Questions— 29 October 2008. Written Answers area development and equipment procurement. In this regard, the White Paper states: “the thrust of the Government decisions in the White Paper is based on their recognition of the necessity to enhance the equipment and infrastructure available to the Defence Forces”. The withdrawal of the British Army deployments coupled with reduced paramilitary activity follow- ing the Good Friday Agreement has removed the rationale for having seven barracks/posts along the border. These will now be consolidated into three posts. Connolly Barracks, Longford is one of four military posts along the border being consolidated. These closures will progress the achievement of the vision of the Defence Forces set out in the White Paper. Based on previous experience it is anticipated that the impact on the local community will be negligible on the basis that most of the personnel serving in this installation live in the area and will probably continue to do so in the future. The current plan has been put together in close consultation and cooperation with the Defence Forces General Staff. It provides an over- all package that will serve the needs of the Defence Forces into the future.

Defence Forces Recruitment. 375. Deputy Jack Wall asked the Minister for Defence the position for recruitment into the Air Corps, in view of the fact that 30 recruits and five apprentices were notified that they were successful in their applications and they would commence their training and to date they have not been given a start date; if his attention has been drawn to the disappointment and distress that this is causing to persons particularly a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37559/08]

Minister for Defence (Deputy Willie O’Dea): Earlier this year the projected figure for recruitment to the Permanent Defence Force in 2008 was in the region of 690 general service recruits, 30 apprentices and 45 Cadets. To date in 2008 a total of 506 general service recruits have been enlisted of which 440 were to the Army and 66 to the Naval Service. Following the Cadetship Competition 41 Cadets commenced their cadet training on 29 September, 2008. While the military authorities had planned to enlist, in December 2008, general service recruits and apprentices to fill vacancies in the Air Corps I have been assured that no candidate for these positions has been notified that their application has been successful. The individual to whom you refer is an applicant for general service enlistment in to the Air Corps. The position is that there will be no general service enlistment to the Permanent Defence Force between now and the end of the year. In common with other areas of the public service a payroll cut of 3% has been applied to the Defence Forces for 2009. Recruitment to the Permanent Defence Force will be rescheduled in order to meet the revised allocation; however the recruitment schedule for 2009 is not yet available.

Planning Issues. 376. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation to enable planning permission to be refused to a developer who has been injuncted or convicted for a serious breach of planning legislation; and if he will make a statement on the matter. [36874/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 35 of the Planning and Development Act 2000 provides that a planning authority may decide to refuse to grant planning permission to an applicant where, in the view of that auth- ority, the person or company concerned is not in compliance with a previous planning per-

455 Questions— 29 October 2008. Written Answers

[Deputy John Gormley.] mission. The applicant concerned may apply to the High Court which may by order confirm or annul the decision of the planning authority or direct the planning authority to consider the application for planning permission.

377. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if he will increase the fine available to the court in accordance with the gravity of the offence; and if he will make a statement on the matter. [36875/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I will give careful consideration to this matter in the context of the forthcoming Planning and Development (Amendment) Bill, the General Scheme of which I will shortly be bringing to Government for approval.

Turbary Rights. 378. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment, further to Parliamentary Question No. 1427 of 24 September 2008, when an application will be processed for persons (details supplied) in County Clare; and if he will make a statement on the matter. [36943/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that a cheque for \830 has been issued to the vendor’s solicitor as a deposit for the purchase of the initial plot of land. The Chief State Solicitor’s Office requested additional documentation from the vendor’s solicitors on 23 October 2008, and this has yet to be received. On receipt of satisfactory documentation, the Chief State Solicitor will arrange for the close of the sale and will issue a cheque for the balance of monies involved. On completion of the legal process regarding the sale of an additional plot of land, my Department will pay the agreed price and the incentive bonus for which the vendors qualify.

County Development Plans. 379. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the progress made in implementing the sustainable Meath master plan which modifies the M3 project and will reduce CO2 emissions and significantly improve the quality of life for people in Meath in view of the recent Environmental Protection Agency warning that based on current policy, the transport sector’s contribution to Ireland’s green- house gases emissions total is expected to rise to 22% by 2020; and if he will make a statement on the matter. [36980/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Meath County Development Plan 2007-2013 sets out a framework for the proper planning and sustainable development of the county, taking account of a range of national and regional policy objectives and priorities. It envisages a holistic and integrated approach to the delivery of the necessary infrastructure and services for the county, while also preserving and enhancing the archaeological and natural heritage. This approach accords with my Department’s Planning Guidelines on Development Plans (June 2007) and draft Guidelines on Sustainable Residential Development in Urban Areas (February 2008), which emphasise that development plans should focus on creating sustainable communities. The specific proposals in the Meath Master Plan concerning the M3 project are a matter for the Minister for Transport.

456 Questions— 29 October 2008. Written Answers

Housing Aid for the Elderly. 380. Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the grants available to older people for roof insulation; and if he will make a statement on the matter. [36998/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department’s Housing Aid for Older People Scheme, which is administered by local authorities, provides targeted support to improve conditions in the existing housing of older people. The types of works which may be grant aided under the Scheme are varied and may include the provision of insulation works. In addition, older people living in local authority housing may benefit from the central heating programme introduced by my Department in July 2004. The programme assists local authorities in providing central heating facilities in their rented dwellings and, where necessary, in implementing measures to ensure the energy efficiency of the dwelling. Sustainable Energy Ireland, under the auspices of the Department of Communications, Energy and Natural Resources, operates a Low Income Housing Programme, set up to help establish and implement a national plan of action to address the problem of fuel poverty. Core delivery is through the Warmer Homes Scheme, which aims at improving the energy efficiency and comfort conditions of homes occupied by low-income households, and at establishing the systems and growing the capacity in Ireland to install measures including attic insulation, draught proofing, lagging jackets, energy efficient lighting, and cavity wall insulation, and to provide energy advice. Furthermore, the Department of Communications, Energy and Natural Resources launched a pilot Home Energy Saving Scheme on 24 April 2008. The scheme is designed to encourage owners of older homes to improve the energy efficiency of their homes, including through improved insulation measures. The regional pilot is designed to inform the roll-out of the full scale \100 million national scheme envisaged in the Programme for Government. The scheme will provide different incentives in each of the regional pilot areas in order to test their impact and effectiveness in encouraging householders to undertake energy efficiency investment works. The incentives will include varying levels of capital grants, advice on works required and information on banks offering reduced rate loans to scheme participants.

Departmental Programmes. 381. Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will ensure the proposed works under the precinct improvements programme in an area (details supplied) in Dublin 8 commence before the end of 2008 as originally agreed by him in his correspondence to residents on 29 August 2008; and if he will make a statement on the matter. [37022/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department gave approval to Dublin City Council to proceed with this project, in January 2008, to be funded from the authority’s internal capital receipts. Accordingly, the City Council included the project under its 2008 Improvement Works Prog- ramme. I understand that the tender documentation is currently being prepared and the project will be advertised shortly.

457 Questions— 29 October 2008. Written Answers

382. Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will ensure that the proposed works under the precinct improvements prog- ramme in an area (details supplied) in Dublin 8 commence as originally agreed; and if he will make a statement on the matter. [37023/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Dublin City Council received approval from my Department to undertake planned maintenance works at the two locations in question as part of its 2007 Improvement Works Programme. While no further proposals have as yet been received, I understand that the City Council is examining options for additional works to these flat complexes.

Waste Management. 383. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he has received the report of an investigation of the waste waiver schemes administered by local authorities; if on foot thereof, he will instruct his Department to take a lead role in helping and encouraging local authorities by carrying out a review of the adminis- trative inconsistencies and anomalies that exist in waiver schemes throughout the country, devising guidelines for local authorities that will assist them in achieving fairness, equity, and consistency in the administration of waiver schemes, addressing the legal position relating to the provision of waiver schemes where the waste collection has been fully privatised, and expediting consideration of the regulation of the waste management sector with particular reference to the needs of low-income households with a view to ensuring that all households availing of such services, from whatever source, are facilitated with a waste waiver scheme; and if he will make a statement on the matter. [37051/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department has received the report by the Ombudsman Waste Waiver Schemes Administered by Local Authorities and will be giving the report, and in particular the recommendations contained within it, full consideration. Waste management services have traditionally been provided at a local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework, as determined by the Oireachtas, reflects this. In accordance with section 52 of the Protection of the Environment Act 2003, the determi- nation of waste management charges, and any associated waiver scheme, is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private oper- ator provides the collection service, it is a matter for that operator. Significant regulatory issues have emerged as waste management services have rapidly evolved in recent years. These issues, which have been the subject of a formal public consul- tation, include the need to ensure that necessary public service criteria in relation to the pro- vision of services in particular areas or in respect of specific households are properly addressed. The existing regulatory framework requires modernisation. The identification of the changes necessary will be greatly assisted by the recent OECD report on the review of the public service, which includes a specific case study on waste management. It is also the case that the revised approach to the collection of household waste being taken by the Dublin local authorities will further inform what measures may be necessary to underpin sustainable waste collection services, whether delivered by the private or public sectors. In these contexts the appropriate policy responses will be developed and elaborated to address the concerns raised.

458 Questions— 29 October 2008. Written Answers

Local Authority Housing. 384. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if, under legislation in which a house purchased under a shared ownership scheme drops in value from the purchase price and the buyer wishes to buy out the council share, the local authorities share of the house also drops as a percentage of the reduced valuation; and if he will make a statement on the matter. [37082/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I refer to the reply to Question No. 478 of 21 October 2008. For Shared Ownership transactions commenced from 1 January 2003, the cost of purchasing an additional share or the redemption value of the outstanding share is based on its initial cost adjusted annually to compensate for differences between the rent paid on the local authority’s share and the interest calculated by reference to the prevailing variable interest rates. The rent payments under the Shared Ownership Scheme are intended largely to meet the cost of funding provided by the Housing Finance Agency to local authorities to finance the rented share in the equity of the house. For transactions commenced before 1 January 2003, the cost of purchasing an additional share, or the redemption value of the outstanding share, is its initial cost updated in line with the most recently published Consumer Price Index to the time of purchase. Accordingly, the scheme is structured on the basis that, on redemption, the price of the outstanding share is not determined on the basis of a percentage of current market value, but is, rather, a function primarily of its initial capital cost.

Local Authority Funding. 385. Deputy Dara Calleary asked the Minister for the Environment, Heritage and Local Government the amount of moneys outstanding from his Department to a local authority (details supplied); the heading under which each amount is outstanding; and the stage the payment process is at. [37253/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that the question relates to the Water Services Investment Programme. Expendi- ture in respect of individual schemes under the Programme is recouped by my Department following examination of the local authority’s payment claim to determine the amount of eli- gible expenditure due to the authority in accordance with the approved budget for the part- icular scheme. Claims may include ineligible expenditure, for example, in respect of certain works, such as road upgrades, provision of new footpaths or telecommunication cables etc, which, although undertaken in conjunction with a water services scheme, may not qualify for Departmental funding as part of that scheme. Details of payments claims received from Mayo County Council that are under examination by my Department are being compiled and will be forwarded to the Deputy as soon as possible.

Planning Issues. 386. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the status of the Environmental Protection Agency waste water treatment manual, Treatment Systems for Single Houses, published in 2000; if there are guidelines or statutory requests; and if he will make a statement on the matter. [37270/08]

459 Questions— 29 October 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 1423 of 24 September 2008 in which I set out the position in regard to this matter.

Local Authority Housing. 387. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the number of evictions from local authority housing in 2003, 2004, 2005, 2006, 2007 and 2008 respectively; the breakdown of the number of evictions by local authority area; and if he will make a statement on the matter. [37307/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Local Authorities are responsible under the Housing Acts for the management and maintenance of their housing stock and the management of their estates. The requested information on evictions is not available in my Department. It is proposed to com- mence collection of such data on an annual basis from the end of 2008.

Planning Issues. 388. Deputy Sea´n Connick asked the Minister for the Environment, Heritage and Local Government his views on whether delays by An Bord Pleana´la in issuing decisions are having an adverse effect on infrastructural development in many parts of Ireland; and his further views on limiting the amount of time An Bord Pleana´la can take to issue a decision. [37324/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): As an independent planning appeals body, An Bord Pleana´la has a key role in ensuring that physical development, in particular major infrastructure projects, respect the principles of sus- tainable development and are planned in an efficient, fair and open manner. With effect from January 2007, the Strategic Infrastructure Act 2006 substantially extended the remit of the Board. The key policy objective of this Act is to provide for a streamlined, single stage consent process for certain classes of infrastructure of national importance, being developed by statu- tory bodies and private promoters. In addition to motorways and local authority projects, which were already handled by An Bord Pleana´la, this process now includes heavy and light rail and metro, other infrastructure requiring environmental impact assessments such as significant airport or port developments, waste infrastructure, and major energy infrastructure such as electricity transmission lines, stra- tegic upstream and downstream gas pipelines, liquefied natural gas facilities, oil refineries and large onshore wind farms. It is the duty of the Board, having regard to the special importance of applications relating to strategic infrastructure development, to ensure that consultations are held and decisions are taken as expeditiously as is consistent with proper planning and sus- tainable development, and for that purpose to take all practicable steps to avoid delays in the decision making process. Since January 2007, the Board received 98 requests for pre-application consultations with promoters, involving 150 meetings; 68 such consultations have been concluded. The Board has received 18 formal applications for approval of strategic infrastructure under the new legislative process and to date, six applications have been decided upon, four within the statutory objective period of 26 weeks. All of these cases were the subject of an oral hearing. During 2007, the Board received 57 appeals in respect of other major infrastructure projects and 55 were dis-

460 Questions— 29 October 2008. Written Answers posed of, 13% within the statutory objective period of 18 weeks applying to the determination of appeals. The size and complexity of strategic and major infrastructure projects has implications for the timescale within which relevant consent applications can be determined. Account must also be taken of the overall record intake of new cases by the Board in the period since 2004. In 2007 6,664 new cases were received, up 12% on 2006 while 6,163 cases were determined, an increase of 10% on 2006. In the period to end-September 2008, the number of planning appeals received by the Board fell by over 5% compared to the same period in 2007, and this trend may be expected to continue. Overall, I am hopeful that with a reduction in the number of new appeals coming before the Board, significantly increased staff resources to deal with strategic infrastructure cases, greater experience with the operation of the Strategic Infrastructure Act, the recent appointment of a temporary Board member, and other measures to improve throughput, good progress will be made over 2009 towards achievement of the statutory objective periods for dealing with appeals, applications and referrals, as the case may be. I do not consider it appropriate to introduce binding time limits for relevant decisions by the Board.

Housing Grants. 389. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the reason funding is no longer available to the disabled persons grant scheme in both Cork city and county councils; and if he will make a statement on the matter. [37331/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Demand under the housing adaptation grant schemes for older people and people with a disability has been accelerating year on year, with annual expenditure in recent years rising from \13 million in 1997 to an initial expenditure estimate of over \71 million in 2008. The launch of the revised suite of grant schemes in November 2007 and the associated publicity has led to a heightened level of demand across all local authority areas. My Department made capital allocations of \1,962,090, \2,545,140 and \1,008,930 to the North, South and West Divisions, respectively, of Cork County Council and \1,855,620 to Cork City Council, in May 2008, for the operation of the Housing Adaptation Grant Schemes for Older People and People with a Disability. The schemes are funded by 80% recoupment avail- able from my Department together with 20% contribution from the resources of the local authority. It is a matter for local authorities to decide on the specific level of funding to be directed towards each of the schemes, from within the combined allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within this allocation. My Department has received a request from Cork County and City Councils for additional funding under the Housing Adaptation Grants Schemes to take account of the particularly significant levels of activity experienced in 2008. These Councils were recently notified of a combined additional Exchequer allocation of \1,200,000, (that is \300,000 for Cork City Council and \300,000 for each of the County Council’s three Divisions), towards the operation of these schemes this year.

Fire Stations. 390. Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government when funding will be made available to build the new fire station in Belturbet,

461 Questions— 29 October 2008. Written Answers

[Deputy Seymour Crawford.] County Cavan; the progress made on this project; and if he will make a statement on the matter. [37336/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael P. Kitt): Provision was made under the 2006 fire service capital programme to recoup the costs in respect of the construction of a replacement fire station at Belturbet, Co Cavan. In August 2008, following an assessment of tenders received in respect of the project, Cavan County Council wrote to the Department requesting sanction to accept a recommended tender. The associated contract documents were prepared on the basis of the Government Departments and Local Authorities (GDLA ‘82) standard contract format. The Department, following consultation with the Department of Finance on the use of fixed price contracts, subsequently advised the fire authority that it was a requirement that new standard forms of construction contracts were to be utilised in respect of all public works. The Department informed the fire authority that the GDLA format had been withdrawn from use, requested that a new tender competition be conducted and contract documents prepared in accordance with relevant Department of Finance Circulars ( Circular 33/06 and Circular 04/08) on construction procurement reform.

Tribunals of Inquiry. 391. Deputy Seamus Kirk asked the Minister for the Environment, Heritage and Local Government the date the Mahon tribunal was established; the intended date of completion; the cost to the Exchequer to date; and if he will make a statement on the matter. [37345/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Tribunal of Inquiry into Certain Planning Matters and Payments was established on 4 November 1997. I understand that the Tribunal has substantially concluded its public hearings. Accordingly, it is now a matter for the three members to prepare the Tribunal’s final report in an expeditious manner. The cost of the inquiry to date is \81.75 million.

Departmental Staff. 392. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment the amount paid in bonuses to anyone under the jurisdiction of his Department including local authorities for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37366/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 481 of 30 September, 2008. Payments under the scheme have not yet been made in respect of 2008. Day to day operational matters, including bonus pay- ments, in the agencies reporting to my Department, are matters for the individual agencies concerned. The Committee for Performance Awards in the Local Government Sector was established to deal with the assessment of performance awards for senior managers in local authorities. The Committee’s reports are available in the Oireachtas library.

Local Authority Funding. 393. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will confirm having received correspondence from a person (details supplied); if he will take cognisance of the views expressed therein, and in particular the impact

462 Questions— 29 October 2008. Written Answers a decision by him would have if it was decided to apply uniform percentage reduction in the local government fund grant to all councils and the adverse impact that would have for smaller local authorities with a small rating basis; his views on whether such a proposal will mean an end to equalisation and a return to the age when people would have a significant level of services in some authorities contrasting with poor and very low level services in others; if he will ensure that same does not occur; and if he will make a statement on the matter. [37390/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department has received the correspondence referred to in the question. 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. Local variations in expenditure and in income sources are an inherent feature of the local government system and reflect local circumstances and priorities and the decisions of local authorities. General purpose grants from the Local Government Fund are structured to bring about equalisation, over time, so that each authority will have sufficient resources, either from central grants or from its local income base, to provide an acceptable level of day to day services to its customers. For the purposes of allocations, a range of factors is taken into account, including each local authority’s expenditure on, and income from, each service, the overall amount of funding available for distribution and the need to provide each local authority with a reasonable allocation towards achieving an acceptable level of services for its customers. The Needs and Resources Model has been used in determining these grants since the year 2000. While the Model has been refined and adjusted since it was introduced, there have been a number of significant changes to local authorities’ expenditure and income patterns and financial systems over this period. It is intended therefore that the Model will be kept under review with a view to maintaining the process of equalisation. 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 through general purpose grants makes a significant contribution towards enabling all local authorities to provide a reasonable level of services to the public. Longford County Council’s general purpose grant allocation for 2009 is \14,587,948. General purpose grants to Longford County Council have increased by some 243% since 1997, which is more than a third higher than the average increase to local authorities over that period.

Appointments to State Boards. 394. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government if he is satisfied that all members appointed to An Comhairle Leabharlanna in 2008 were appointed legally and in conformity with precedent; and if he will make a statement on the matter. [37409/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I am satisfied that the appointment of members to An Chomhairle Leabharlanna in 2008 was in accordance with the Local Government (An Chomhairle Leabharlanna) Regulations 1997 and amendments thereto.

Election Management System. 395. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local

463 Questions— 29 October 2008. Written Answers

[Deputy Phil Hogan.] Government the locations at which the electronic voting machines are stored; the cost per annum; the owners of the premises at which the machines are being stored; and if he will make a statement on the matter. [37431/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The following table sets out the information requested in respect of local storage arrangements, based on returns received in my Department from Returning Officers.

Storage of Electronic Voting Equipment

Location of Storage Storage Owners of the Premises Premises Costs 2007 (incl. VAT)

\

Cavan-Monaghan Monaghan Town 21,608.32 Martin Duffy

Clare Ennis 3,600.00 Voting Machines stored in courthouse. Premises for ancillary equipment owned by Tony Mulqueen

Donegal Letterkenny 13,987.80 Niall McIvors, Secure Storage

Galway Galway City 5,000 Voting Machines stored in courthouse

Kerry Tralee 28,003.00 John Dillane

Laois-Offaly Portlaoise 27,647.60 KG Warehousing Ltd.

Longford Longford Town 20,003.28 Returning Officer requested that this information not be released publicly for security reasons

Roscommon Roscommon Town 10,664.82 Gerry Kelly

Louth Dundalk 595.06 Dundalk Town Council

Meath Navan 26,354.72 Paul McDonnell

Sligo Sligo Town Nil Voting Machines Stored in courthouse

Leitrim Carrick-on-Shannon 3,200.00 Voting Machines stored in courthouse. Premises for ancillary equipment owned by Drumshanbo Enterprise Centre

Wexford Drinagh 18,934.46 McGuinness Enterprises Ltd.

In 2007, over 60% of the electronic voting machines (some 4,762 in total) were moved to a central storage facility located at Gormanston Army Camp.

Telecommunications Services. 396. Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources if there is a grant aid available for entrepreneurs who wish to provide broadband in remote areas in order to ensure that residents of such rural areas have an opportunity of receiving the most up-to-date technology; and if he will make a statement on the matter. [36893/08] 464 Questions— 29 October 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There is no grant aid available for entrepreneurs who wish to provide a broadband service in remote areas. However, the widespread provision of broadband services continues to be a priority for the Government. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These included providing grant-aid under the now concluded Group Broadband Scheme and ongoing investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. In this regard my Department has undertaken to implement the National Broadband Scheme (NBS). The NBS is designed to deliver broad- band to areas where the market has failed to provide services. It will bridge the digital divide, create greater equality and remove the disadvantage caused by a lack of broadband services. It will also facilitate competition in the broadband market in the regions leading to greater choice, quality and value for money to the consumer. Two bids from eircom Ltd and Hutchison 3G Ireland have been received in response to the NBS Invitation to Tender. These bids are currently being evaluated and the evaluation process is scheduled for completion shortly. The contract is expected to be signed in November 2008. Subject to agreement with the chosen service provider, roll out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS will be met.

EU Directives. 397. Deputy Deirdre Clune asked the Minister for Communications, Energy and Natural Resources, further to Parliamentary Question No. 498 of 21 October 2008, when he will publish legislation that will transpose the third postal directive; and if he will make a statement on the matter. [37079/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As the transposition process in relation to the Third Postal Directive is at an early stage, I am unable at this time to give a precise timeframe as to the publication of legislation transposing the Directive. While the Directive provides for the completion of the liberalisation of the postal sector EU-wide, a number of key decisions as to its transposition are being left to individual Member States. These relate to the financing of the Universal Service Obligation in a liberalised market, the regulatory regime to be put in place with respect to price and quality of service, issues relating to access to An Post’s network and matters relating to the promotion of com- petition. Following on from the recently held public consultation process, the next step will be an analysis of the submissions received in response to the consultation with a view to drafting proposals on the legal framework which will apply in a liberalised market. Such draft legislative proposals will be subject to a regulatory impact analysis and will include further engagement with interested stakeholders on issues arising from the process. Given the nature of many of the issues to be considered, primary legislation will be required to transpose the Directive into Irish law. In this regard and because most of the current postal legislation predates competition, a consolidation and review of the existing postal legislation is also being considered in the context of the transposition process.

Telecommunications Services. 398. Deputy Sea´n Connick asked the Minister for Communications, Energy and Natural

465 Questions— 29 October 2008. Written Answers

[Deputy Sea´n Connick.] Resources if a preferred bidder has been appointed for the national broadband scheme; and the timetable for the full roll out of the national broadband scheme. [37325/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department has reached the evaluation stage of the National Broadband Scheme (NBS) pro- curement process. Two bids have been received from eircom Ltd and Hutchison 3G Ireland. The evaluation of bids is scheduled for completion shortly and the contract is expected to be signed in November. Subject to agreement with the chosen service provider, roll out of services is expected to begin shortly after the contract is signed. The chosen service provider will be required to complete the roll out of services within 22 months of the contract award. All requests for a broadband service in the areas to be addressed by the NBS will be met.

Departmental Staff. 399. Deputy Joe Carey asked the Minister for Communications, Energy and Natural Resources the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37354/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I refer the Deputy to Parliamentary Question No. 510 of the 30th September 2008. The position has not changed and I have nothing further to add to that reply.

Electricity Generation. 400. Deputy Enda Kenny asked the Minister for Communications, Energy and Natural Resources further to a previous parliamentary question (details supplied), the type of technologies he proposes when he refers to flexible power generation plants in his reply; the efficiency of those technologies in terms of fuel use and emissions; the way these technologies compare to combined cycle gas turbines and the coal plant at Moneypoint; and if he will make a statement on the matter. [37398/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There are three main types of conventional or fossil fuel generation plant installed on international power systems, including the Irish power system. These are: Baseload generating plant: This type of plant is generally large (commonly 400 megawatt-plus) and are often relatively new in terms of years of operation. These plants operate most efficiently and economically when used for lengthy periods each day, as changing their output reduces their efficiency. Plants in this category typically include combined cycle gas turbines and coal plants. Flexible/marginal gener- ating plant: This type of power plant is generally not as large as a baseload unit. It has the advantage of being able to increase and reduce output reasonably quickly and therefore is a useful ingredient on a power system, bearing in mind the fact that demand can change and that the output of windfarms will change. In contrast to baseload plant, flexible generating plants maintain their level of efficiency even when they do not produce at full capacity. Plants in this category could include open cycle gas turbines and aero derivative gas turbines. Peaking gener- ating plant: This type of generation is more costly to operate on power systems, but has the advantage of being capable of switching on very quickly and therefore is used on power systems worldwide for short periods when demand peaks. Oil fired power plants are included in this category.

466 Questions— 29 October 2008. Written Answers

The efficiency of fossil fuel generating plants in terms of fuel use and emissions is a day to day matter for each individual generator, operating in the wholesale electricity market. My Department does not have available to it estimates as to efficiency of those technologies or comparisons with combined cycle gas turbines and the coal plant at Moneypoint. However, statistics publicly available on the Single Electricity Market Operator website (http://www.allislandmarket.com) will enable the Deputy to see the relative costs of power supplied into the wholesale power market by various generating units.

401. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if he will clarify his policy on peat as a fuel source in electricity generation, in the context of a recent An Bord Pleana´la refusal of a 100mw electricity generation station in Killala, County Mayo, in which the sole reason for refusal was that using peat as a power source contravenes policy; and if the consequence of this decision is that policy is to prevent peat fuel content in any new energy generating project. [37444/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Government Policy on the use of peat in electricity generation in Ireland is set out in the White Paper, “Delivering a Sustainable Energy Future for Ireland — The Energy Policy Framework 2007-2020”. The three pillars of Government energy policy are security of energy supply, environmental sustainability and delivery of real and effective competition in energy markets. In relation to environmental sustainability, it is the Government’s policy to reduce energy related emissions and the carbon intensity of electricity production through various initiatives, including changes to the fuel mix, one of which is the co-firing of the existing peat-fired plants with biomass. A target of 30% co-firing of the existing peat-fired power plants with biomass by 2015 has been set, which will reduce the amount of peat being used in these plants by about one million tonnes per annum. This is reflected in the projections in the Energy Policy Framework, which indicate a decrease in the amount of peat in the fuel mix up to 2020. The 30% co-firing target is in the context of the existing State-owned peat-fired power generating plant and does not imply that the Government would encourage new peat-fired plants. The Government’s clear focus is on the development of new renewable energy and energy-efficient measures to achieve its overall energy policy goals. Anyone who wishes to generate electricity or construct a generating station must apply for a licence or authorisation to the independent energy regulator, the Commission for Energy Regulation (CER). I have no function in the application or authorisation process under the terms of the governing legislation, the Electricity Regulation Act 1999. Other organisations involved in the licensing or approving of electricity generating stations include relevant Planning Authorities in relation to planning permission and the EPA for inte- grated pollution control. Planning Authorities must have regard for Government policy, includ- ing environmental policy, when considering applications for electricity generating projects. The recent decision in relation to the proposed electricity generating plant at Killala Co Mayo, is a matter for An Bord Pleana´la, which has an independent statutory function in respect of planning matters.

Alternative Energy Projects. 402. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural

467 Questions— 29 October 2008. Written Answers

[Deputy Bernard J. Durkan.] Resources the action he proposes to take to encourage the production of alternative energy; and if he will make a statement on the matter. [37566/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I have introduced and maintained a range of measure to incentivise the development and deployment of technologies harnessing our renewable sources of energy. These include the REFIT Scheme, the mineral oil tax exemption scheme, the Greener Homes, Bioheat and CHP Support Prog- rammes and support for RTDI in renewable technology and the use of agriculture products in the biofuels sector as well as energy crops and wood energy, together with funding for a range of work by Sustainable Energy Ireland.

Energy Resources. 403. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the position on north/south and east/west gas and electricity interconnectors; and if he will make a statement on the matter. [37567/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The building of transmission lines is an operational matter for EirGrid, as regulated by the Com- missions for Energy Regulation (CER), along with the relevant planning authorities, and not one in which I have a function. The East-West and North-South Interconnector projects are of strategic national importance to Ireland and are key Government priorities. The Meath-Cavan and North-South transmission lines are part of a major upgrade to supplies in the North East region and will bring critical infrastructure to the North East region, ensuring the delivery of high quality and highly reliable services into the future and facilitating competition as part of the All Island electricity market. EirGrid will be required in its Planning Application to An Bord Pleana´la to submit full details of its proposed route and technology selection. Consultations on the route selection are ongoing. As part of these consultations EirGrid has opened information centres in Navan and Monaghan on the route selection and has met with stakeholders including individuals, local interest groups and public interest groups. EirGrid expects to submit a planning application for the North/South interconnector to the planning authority, the Strategic Infrastructure Board of An Bord Pleana´la, in 2009 which will include a full Environmental Impact Statement. The target completion date is 2012. The East-West Interconnector is a 500MW High Voltage Direct Current (HVDC) intercon- nector, which will link the electricity grids of Ireland and Great Britain. The advantages that the development of the East West interconnector will bring include improved security of supply and increased competition in the single electricity market as well as significant environmental benefits such as assisting in achieving our ambitious renewable targets and reducing carbon credit payments. EirGrid has been entrusted with the development and ownership of this inter- connector by the Government. Working closely with the CER and with my Department, EirGrid is progressing the project to schedule. The Electricity Regulation (Amendment) (EirGrid) Act 2008 provides the necessary legal basis for EirGrid to construct, own and operate an interconnector. I am advised that EirGrid expects the contract for design and construction of the intercon- nector to be completed in the coming months, when the successful bidder will be announced. EirGrid has secured Woodland in County Meath as the connection point for the interconnector on the Irish transmission system and Deeside in Wales on the UK side. Furthermore, EirGrid

468 Questions— 29 October 2008. Written Answers has undertaken a marine survey to determine the most suitable route for the undersea cable. Work is also progressing on the various applications for authorisations and permissions required along the entire route of the interconnector. Late 2011 is the target for the completion of works and 2012 is the target for the completion of commissioning and testing and the start of commercial operations. The project remains on track to meet these target completion dates, subject to the outcome of the planning processes. Financing options for this project are being pursued by EirGrid with the objective of achieving the most cost-effective and efficient financial package. The interconnector will, as a national strategic asset, remain in public ownership and will be owned and operated by EirGrid. To oversee and ensure completion to schedule, a High-Level Coordination Group has been estab- lished under the Chairmanship of the CER and comprises representatives of EirGrid and my Department. There has been substantial investment in Ireland’s natural gas network in recent years. As indigenous gas resources deplete and Ireland’s reliance on imports from the UK market increases, infrastructural developments have ensured that the Irish network is well placed to accommodate growing gas demand in the medium term. From Brighouse Bay in Scotland there are two pipelines connecting Ireland to the UK gas network. The first gas interconnector between Ireland and Scotland (IC1) has been in operation since 1993. A second sub-sea interconnector (IC2) pipeline was completed in 2002 and has been operational since January 2003. IC1 and IC 2 are connected to the gas onshore system north of Dublin at Loughshinny and Gormanstown respectively. IC2 was necessary in addition to the existing first interconnector to ensure an adequate and continuous gas supply to meet growing demand. Both projects were built by Bord Ga´is E´ ireann and as a result Ireland enjoys a high standard of physical security of gas supply. Interconnection has facilitated the connection of new gas-fired power stations and also gives more flexibility to the Irish natural gas system. A North-South gas pipeline, also constructed by BGE, extends from IC2 at Gormanstown, Co. Meath to Belfast and was commissioned in October 2006. This pipeline has greatly enhanced security of gas supply for Northern Ireland and has also facilitated supplies to towns and industries in the corridor from Gormanstown to Belfast.

Postal Services. 404. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he will restate his policy on the future of An Post and the postal services; if lessons have been learned from the postal sector in Europe; and if he will make a statement on the matter. [37569/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): It is Government policy that An Post remains a strong and viable company, in a position to compete in a liberalised market, provide a high quality, nationwide postal service and maintain a nation- wide, customer-focussed network of post offices. The Government’s policy with regard to the future development of the postal service is to ensure Irish customers, both business and residen- tial, enjoy competitively priced, high quality postal services on a par with the highest quality standards in key comparator economies elsewhere in the EU. Electronic communications services, while providing threats to the postal service in the form of electronic substitution, will also provide opportunities in the form of e-fulfilment.

469 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.]

It is the responsibility of the board and management of the company to make strategic decisions regarding its future and how it will prepare itself for future competition, particularly in advance of the full liberalisation of the postal sector, set to happen in 2011. With respect to the liberalisation of the Irish postal sector my Department recently conducted a public consul- tation process on the key issues arising from the recently published EU Directive which sets out the terms for the full liberalisation of the postal sector, EU-wide. Along with the views submitted by stakeholders and interested parties in response to the consultation questions, the experiences of other liberalised postal markets will be taken into account when considering the issues of importance to Ireland in transposing the Directive into Irish law.

Telecommunications Services. 405. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the action he has taken to encourage next generation technology in the telecom- munications sector; and if he will make a statement on the matter. [37570/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In July 2008 I launched a consultation paper on Next Generation Broadband. This paper contained proposed policy actions in relation to optimal use of State assets, fibre connections to second level schools and new premises, strong regulation and innovative spectrum licensing, govern- ment investment, demand stimulation and evidence based research. The consultation period has now closed and my officials are examining the written sub- missions received and the contributions made at a one day consultation forum that I hosted on 30th September 2008. I intend to publish a finalised report before the end of the year having regard to the contributions we have received. It is my intention to see tangible progress in 2009, in areas referred to above.

Energy Resources. 406. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which he has had discussions with his EU colleagues to ensure that the supply of oil and gas here is sufficient to encourage price competition; and if he will make a statement on the matter. [37572/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Iam regular contact with my EU colleagues at Energy Council meetings and other EU and inter- national fora on the issues raised by the Deputy. Most recently, I had the opportunity to discuss these issues with colleagues at the Energy Council of 10 October. At that meeting political agreement was reached by Energy Ministers on the European Commission’s Third Package of reforms for the electricity and gas sectors. The objective of the Package is the creation of a competitive internal market with effective regulation and I am fully supportive of this objective. A competitive internal market is essential to deliver on all three of Europe’s energy objectives: a competitive European economy, security of energy supply and sustainability. Over the coming months the Council and the Commission will be working with the European Parliament to reach a compromise on the Package which is expected to be adopted in the first half of 2009. The Package will facilitate many of the benefits to consumers of an open and competitive energy market. It will also give clear investment conditions for new power plants and transmission networks which should result in increased security of supply across Europe.

470 Questions— 29 October 2008. Written Answers

We also debated energy security. This is an issue of increasing priority for all Member States. The main energy security issues debated were:

• The need for an intensified approach on energy efficiency

• Strategies to address energy prices including the transparency of oil and gas markets

• The need for the Commission to propose, in November, a mechanism for ensuring secur- ity between Member States in the framework of a revision of the Gas Security of Supply Directive that should be published by the Commission in 2009

• An LNG Action Plan, to be presented by the Commission in 2009

• Common action by the Commission and the European Investment Bank to promote infrastructure projects essential to the EU and

• The need to make progress on the Southern Gas Corridor bringing gas from the Caucuses to the EU.

The European Council also gives high priority to energy security issues. At the most recent meeting of the Council on the 15-16 October, Heads of State discussed the issue. In mid November the European Commission intends to publish the Second Strategic Energy Review.

Energy Prices. 407. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he has sought or received information from or given instructions to the regulator with a view to ascertaining the reason for escalating electricity and gas prices against a backdrop of falling energy prices on the world markets; and if he will make a statement on the matter. [37573/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The position in law is that the regulation of ESB electricity tariffs and BGE´ gas tariffs is the responsibility of the Commission for Energy Regulation (CER), which is statutorily indepen- dent in the performance of its functions. I have no responsibility for setting these tariffs. The CER has a statutory duty to advise me as Minister on the development of the electricity and gas markets. I am advised that phase two of the Commission’s review of ESB and Bord Ga´is Energy Supply tariffs is underway and that submissions made to the CER by ESB and BGE will be published next week on the CER website. On this occasion the CER has decided as part of the public consultation process to facilitate a public forum to be held on 10 November at which representatives of the ESB and BGE will be in attendance. I welcome this public forum announced by CER and the opportunity it will provide for consumers and other interested groups to directly interact with the ESB and BGE on their submissions.

408. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the basis on which gas and electricity prices are justified; and if he will make a statement on the matter. [37574/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulation of ESB electricity tariffs and BGE´ gas tariffs is the statutory responsibility of the

471 Questions— 29 October 2008. Written Answers

[Deputy Eamon Ryan.] Commission for Energy Regulation (CER) under the Electricity Regulation Act and the Gas (Interim) Regulation Act 2002. I have no function in setting or regulating energy prices.

Question No. 409 answered with Question No. 131.

Natural Gas Grid. 410. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when he expects product from the Corrib gas field to become available; and if he will make a statement on the matter. [37576/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Sea´n Power): Completion of the development works by the developers, Shell E & P Ireland Limited (SEPIL), is the principal factor that will determine the date for first gas. SEPIL has stated its expectation that first gas will come on-stream during late 2009 or early 2010.

Telecommunications Services. 411. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the action he has taken or proposes to take to ensure that the communications industry here is at least up to the standards available throughout Europe; and if he will make a statement on the matter. [37577/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of telecommunications services including broadband and mobile telephony are, in the first instance, a matter for the private sector. The relevant service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. The widespread provision of telecom- munications services continues to be a major priority for the Government. Statutory responsibility for the regulation of the electronic communications sector, including regulatory issues surrounding competition and quality of services is the responsibility of the Commission for Communications Regulation (ComReg) in accordance with the requirements of the Communications Regulation Act 2002 and the Regulations which transpose the EU Regulatory Framework for Electronic Communications.

412. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his proposals to encourage the improvement of the telecommunication sectors with particular reference to access and quality of broadband and mobile telephony; and if he will make a statement on the matter. [37578/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of telecommunications services including broadband and mobile telephony are, in the first instance, a matter for the private sector. The relevant service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers.

472 Questions— 29 October 2008. Written Answers

The widespread provision of telecommunications services continues to be a major priority for the Government. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These included providing grant-aid under the now concluded Group Broadband Scheme and ongoing investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. In this regard my Department has undertaken to implement that National Broadband Scheme (NBS). The NBS is designed to deliver broad- band to areas where the market has failed to provide services. It will bridge the digital divide, create greater equality in terms of social and economic inclusion and remove the disadvantage caused by a lack of broadband services. It will also facilitate competition in the broadband market in the regions leading to greater choice, quality and value for money to the consumer. Two bids from eircom Ltd and Hutchison 3G Ireland have been received in response to the NBS Invitation to Tender. These bids are currently being evaluated and the evaluation process is scheduled for completion shortly. The contract is expected to be signed in November 2008. As regards mobile telephony, the penetration rate in Ireland currently stands at 120%. I have no reasons or plans to intervene in the existing competitive and healthy market.

Broadcasting Services. 413. Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the effect falling advertising revenue will have on State funding for RTE´ television; and if he will make a statement on the matter. [37634/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The downturn in the Irish advertising market is affecting RTE´ , and indeed, all other broadcasters. RTE´ is also funded by television licence fee revenue, which is channelled through the Vote of my Department. As recently announced, as part of Budget 2009, the 2009 TV licence provision for RTE´ is estimated at \209.7m.

Harbours and Piers. 414. Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food the pro- vision he has made to finance improvement works at the Ardmore fisheries harbour, County Waterford; and if he will make a statement on the matter. [36891/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Ardmore Harbour is owned by Waterford County Council and responsibility for its upgrade and maintenance rests with the Local Authority in the first instance. In late 2007, all coastal Local Authorities were asked to submit applications for priority harbour development projects to be included in my Department’s Fishery Harbours and Coastal Infrastructure Development Programme for 2008. The application from Waterford County Council did not include an application for funding for works at the above location. However, any application from Waterford County Council for funding under the Fishery Harbour and Coastal Infrastructure Development Programme in future years will be given consideration subject to available Exchequer funding and overall national priorities going forward.

Installation Aid Scheme. 415. Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if the installation aid scheme, which was suspended on 14 October 2008, will be reintroduced; if so,

473 Questions— 29 October 2008. Written Answers

[Deputy Willie Penrose.] if eligible applicants who had 12 months to make their final submissions, will be enabled to utilise the remaining period of the time they would have from the start up date in farming in order to enable them to be eligible when the scheme recommences; if he will ensure that the appropriate derogation be put in place to accommodate those persons if the scheme comes back into being in the next 18 to 24 months and ensure that any unexpired is made available upon the reintroduction of the scheme in order that would-be applicants who would qualify at this stage will not be debarred at that point in time from participating in the scheme; and if he will make a statement on the matter. [36892/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All valid applications made under the Young Farmers’ Installation Scheme and received by my Department up to and including 14 October 2008 will be processed and, if in order, payment will be made. The possibility of reintroducing the scheme can be considered in the context of the preparation of the Annual Estimates next year and beyond, at which time any changes to the terms of the scheme can also be considered.

Grant Payments. 416. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when a slatted shed grant will issue to persons (details supplied) in County Clare; and if he will make a statement on the matter. [36942/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named is an applicant under the Farm Waste Management Scheme. Payment will be made by my Depart- ment to the person concerned shortly.

417. Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the position regarding applications received by his Department for the early farm retirement scheme and the installation aid scheme on 14 October 2008; and if he will make a statement on the matter. [36948/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Applications for the Early Retirement Scheme (ERS3) 2007 and the Young Farmers’ Installation Aid Scheme received in my Department on 14 October 2008 will be processed, and if they are in order payment will be made.

418. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a top-up payment on the installation aid for young farmers will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [36985/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant for aid under the Young Farmers’ Installation Scheme. His application for payment is currently being examined within my Department and the outcome will be notified to the person concerned as soon as possible.

419. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when persons (details supplied) in County Cork will receive payment under the disadvantaged area scheme; and if he will make a statement on the matter. [36996/08]

474 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2008 Single Payment Scheme / Disadvantaged Areas Scheme was received in this case on 15 May 2008. This application has now been fully processed and payment in respect of the Disadvantaged Areas Scheme will issue in the coming days, while the 50% advance payment under the Single Payment Scheme will issue shortly thereafter.

Foreshore Licences. 420. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if he will provide details on the applications for foreshore leases in respect of offshore generating stations in Irish waters. [37029/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Two Foreshore Leases have been granted for offshore generating stations in Irish waters as follows. In January 2002 a lease was granted to Sure Partners Ltd for the construction of a 200 turbine wind farm on the Arklow Banks. The maximum allowable height for the turbines in this project is 100 m tip to sea level. Each turbine will have a capacity of 2.5 MW. In November 2005, a lease was granted to Codling Wind Park Ltd for the construction of 220 wind turbines on the Codling Bank. The maximum allowable height for the turbines in this project is 100 m tip to sea level. Each turbine will have a capacity of 5 MW. My Department is processing four applications for Foreshore Leases for offshore generating stations in Irish waters as follows. In January 2002 Kish Offshore Wind Ltd applied for a lease for the construction of a 75 turbine wind farm on the Kish Bank. The height of the turbines applied for in this project is 160 m tip to sea level. Each turbine will have a capacity of 2.3 MW. This application is on hold pending receipt of an expanded Environmental Impact Statement. In January 2002 Bray Offshore Wind Ltd applied for a lease for the construction of a 70 turbine wind farm on the Bray Bank. The height of the turbines applied for in this project is 160 m tip to sea level. Each turbine will have a capacity of 2.3 MW. This application is on hold pending receipt of an expanded Environmental Impact Statement. In February 2007 Oriel Windfarm Limited applied for a Foreshore Lease for the purpose of constructing an offshore wind park in Dundalk Bay of up to 330 MW potential consisting of 55 turbines with tower height of up to 100 m and rotor diameter of up to 120 m. In May 2008 Fuinneamh Sceirde Teoranta applied for a Foreshore Lease for the purpose of constructing an offshore wind farm at Sceirde Mo´ r in outer Galway Bay of up to 100 MW potential consisting of 20 turbines with tower height of up to 140 m and rotor diameter of up to 120 m.

Farm Retirement Scheme. 421. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the situation regarding the suspension of the farm retirement scheme; when the scheme will be resumed; the situation for farmers who have commenced but not finalised their applications; and if he will make a statement on the matter. [37053/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Early Retirement Scheme was suspended for new applications with effect from 15 October 2008. Applications received in my Department up to and including 14 October 2008 will be processed as normal.

Grant Payments. 422. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the

475 Questions— 29 October 2008. Written Answers

[Deputy Michael Creed.] reason a person (details supplied) in County Cork has not received their single payment; and if he will make a statement on the matter. [37060/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2008 Single Payment Scheme was received from the person named on 15 May 2008.This application has now been fully processed and payment will issue in the coming days.

Installation Aid Scheme. 423. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the number of applicants approved for installation aid on a county basis for 2007; and if he will make a statement on the matter. [37061/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The number of payees under the Installation Aid Scheme for 2007 on a county-by-county basis is set out in the table.

County Year

Cavan 22 Donegal 7 Leitrim 5 Louth 4 Monaghan 9 Sligo 5 Laois 21 Longford 4 Offaly 19 Westmeath 11 Galway 53 Mayo 26 Roscommon 11 Dublin 0 Kildare 11 Meath 16 Wicklow 11 Clare 33 Limerick 29 Tipperary 43 Carlow 6 Kilkenny 21 Waterford 21 Wexford 37 Cork 133 Kerry 45

Total 603

Farm Retirement Scheme. 424. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the 476 Questions— 29 October 2008. Written Answers number of applicants approved for benefit under the scheme of early retirement from farming on a county basis for 2007; and if he will make a statement on the matter. [37062/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The table shows a breakdown by county of applicants that were approved for payment under the Early Retire- ment Scheme (ERS3) 2007 and the Early Retirement (ERS2) 2000 Scheme in the year 2007 (the ERS2 approvals were in respect of applications received before the closure of that Scheme to new applications in December 2006.)

County ERS3 2007 ERS2 2000

Carlow 0 1 Cavan 0 4 Clare 1 8 Cork 4 38 Donegal 0 0 Dublin 0 1 Galway 0 9 Kerry 0 12 Kildare 1 5 Kilkenny 0 6 Laois 1 5 Leitrim 0 1 Limerick 0 8 Longford 0 0 Louth 0 2 Mayo 0 2 Meath 0 3 Monaghan 0 7 Offaly 0 7 Roscommon 0 2 Sligo 0 4 Tipperary 4 15 Waterford 2 7 Westmeath 1 2 Wexford 0 8 Wicklow 0 5

Total 14 162

Disadvantaged Areas Scheme. 425. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the number of applicants for disadvantaged area payments on a county basis whose land-holding was in excess of 35 hectares in 2007; and if he will make a statement on the matter. [37063/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following numbers of applicants under the 2007 Disadvantaged Areas Scheme submitted applications comprising qualifying land in excess of 34 hectares. 477 Questions— 29 October 2008. Written Answers

[Deputy Brendan Smith.]

County Number

Carlow 287 Cavan 1,405 Clare 2,406 Cork 3,053 Donegal 3,095 Dublin 54 Galway 3,485 Kerry 3,489 Kildare 188 Kilkenny 814 Laois 607 Leitrim 1,058 Limerick 967 Longford 754 Louth 201 Mayo 3,163 Meath 443 Monaghan 945 Offaly 910 Roscommon 1,585 Sligo 1,155 Tipperary 1,974 Waterford 676 Westmeath 1,049 Wexford 505 Wicklow 899

Against the background of the deterioration in public finances, my approach in preparing the 2009 estimates for my Department was to protect expenditure for major developmental measures in the agri-food sector. Savings had to be found in other areas and reluctantly, I decided to reduce expenditure under the Disadvantaged Areas Scheme for 2009. In reducing the maximum area limit to 34 hectares (84 acres) and by a small increase in the minimum stocking density requirement, the reduction will be implemented in a targeted manner. In reducing expenditure I have sought to target the payments, maintain the productive capacity of the sector and ensure that the majority of farmers will not suffer reductions in their payments.

Suckler Cow Quota. 426. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the number of applicants under the suckler cow welfare scheme on a county basis in 2007; and if he will make a statement on the matter. [37064/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Suckler Welfare Scheme runs from January 2008 to December 2012. The closing date for applications was 31 March 2008. Late applications were accepted up to 25 April 2008 with a percentage reduction penalty. The total number of applications received up to 25 April 2008 is shown in the table. 478 Questions— 29 October 2008. Written Answers

County Number of applications

Carlow 700 Cavan 2,461 Clare 3,788 Cork 3,595 Donegal 3,192 Dublin 138 Galway 6,151 Kerry 2,666 Kildare 664 Kilkenny 1,408 Laois 1,272 Leitrim 2,127 Limerick 1,688 Longford 1,402 Louth 470 Mayo 5,522 Meath 1,268 Monaghan 1,826 Offaly 1,336 Roscommon 3,187 Sligo 2,168 Tipperary 2,510 Waterford 797 Westmeath 1,464 Wexford 1,310 Wicklow 846

Total number of applications received: 53,963.

Farm Inspections. 427. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a matter which has been referred for a person (details supplied) in County Mayo will be dealt with. [37070/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The files relating to this case are currently with the Survey Branch of my Department. This will require an on-the- ground visit and will be dealt with as soon as possible.

Animal Imports. 428. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if he will provide a monthly breakdown for 2007 and 2008 of the number of sheep slaughtered here which were bred in Northern Ireland; and if he will make a statement on the matter. [37080/08]

453. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the monthly breakdown for 2007 and 2008 of the number of sheep slaughtered in the Republic of Ireland that were imported from Northern Ireland; and if he will make a statement on the matter. [37250/08] 479 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 428 and 453 together. My Department collects data on a weekly basis on the number of sheep imported from or through Northern Ireland which are slaughtered in plants under the supervision of the Depart- ment. A small number of these would have originated in Great Britain or beyond. Figures for 2007 and 2008, to date, are shown in the following table. My Department does not, however, have data on the number of sheep slaughtered here that were bred in Northern Ireland. The trade in sheep between both parts of the island of Ireland is a long-standing feature of the sheep industry in Ireland and enables producers on both sides of the border to benefit from the advantages of competition in the marketplace. Trade takes place in both directions and is influenced by geographical factors, currency fluctuations and market conditions generally.

Sheep from Northern Ireland slaughtered in DAFF-supervised plants by week 2007-2008

Week No. 2007 2008

1 2,920 5,248 2 4,951 5,902 3 4,828 6,616 4 4,717 4,942 5 3,846 4,864 6 4,575 4,652 7 3,512 5,761 8 3,749 4,138 9 4,518 3,532 10 3,548 3,783 11 4,632 4,687 12 3,275 4,626 13 3,675 3,913 14 3,328 3,392 15 3,577 3,948 16 4,026 3,989 17 2,152 3,892 18 2,405 3,426 19 2,409 2,508 20 2,401 4,003 21 3,251 2,338 22 3,967 3,616 23 4,653 2,386 24 4,068 4,011 25 4,776 3,216 26 2,420 3,070 27 5,143 4,209 28 3,634 2,420 29 2,482 2,635 30 2,950 5,100 31 3,272 5,985 32 3,875 4,249 33 3,976 5,496 34 3,964 6,165

480 Questions— 29 October 2008. Written Answers

Week No. 2007 2008

35 4,301 6,911 36 5,993 8,361 37 6,736 7,001 38 7,187 7,406 39 5,736 6,762 40 7,557 5,079 41 5,717 6,037 42 6,475 5,978 43 7,382 44 6,028 45 6,285 46 8,196 47 5,999 48 6,080 49 6,282 50 4,001 51 5,736 52 2,106

Totals 233,272 196,253

429. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the remaining impediments preventing live sheep trade between the Republic of Ireland and Northern Ireland; and if he will make a statement on the matter. [37081/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There is no prohib- ition on the movement of sheep between the Republic of Ireland and Northern Ireland. Since the foot and mouth outbreak in 2001 and arising from certain concerns relating to scrapie, exports of sheep for breeding or production must comply with normal rules for intra-com- munity trade. In particular, sheep being exported must be accompanied by an appropriate EU health certificate, meet prescribed residency rules and comply with genotype requirements. I am arranging to forward a summary of the conditions applicable to this trade to the Deputy.

Installation Aid Scheme. 430. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37091/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

431. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37092/08] 481 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

432. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37093/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

433. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37094/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

434. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37095/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

435. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Kerry who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37096/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

436. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37097/08]

482 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

437. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37098/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

438. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37099/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

439. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37100/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

440. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37101/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

441. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37102/08]

483 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the scheme concerned.

Installation Aid Scheme. 442. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who is successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37103/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

443. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37104/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

444. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37105/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

445. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37106/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

446. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37107/08]

484 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

447. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37108/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

448. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37109/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

449. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37110/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

450. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37111/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

451. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37112/08]

485 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

452. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) who successfully qualified for a FETAC certificate in July 2008 is eligible for the installation grant. [37113/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Depart- ment up to and including 14 October 2008 will be processed and, if in order, payment will be made. It should be noted, however, that completion of an educational course is not sufficient, in itself, to qualify for a grant under the Scheme concerned.

Question No. 453 answered with Question No. 428.

454. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food if he will extend the area installation aid beyond its deadline to allow people who were in the middle of finalising the application when the suspension of the scheme was announced to complete the process; and if he will make a statement on the matter. [37259/08]

456. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food his views on extending the area installation aid scheme to take into account young farmers who have completed and passed the course for the green certificate who are unable to receive the grant due to the sudden suspension of the scheme on budget day 2009; and if he will make a statement on the matter. [37261/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 454 and 456 together. All fully completed applications made under the Young Farmers’ Installation Scheme and received by my Department up to and including 14 October 2008 will be processed and, if in order, payment will be made. I have no plans at present to reintroduce the Scheme for new applicants.

Farm Retirement Scheme. 455. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food if he will extend for a period of time the farm retirement scheme in order to allow people who are in the process of finalising their application to complete the process; and if he will make a statement on the matter. [37260/08]

The following revised reply was received on 31 October 2008:

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Early Retirement Scheme (ERS3) 2007 was suspended with immediate effect from the date of the budget. Appli- cations received in my Department up to and including 14 October 2008 will continue to be processed.

Question No. 456 answered with Question No. 454.

486 Questions— 29 October 2008. Written Answers

Departmental Offices. 457. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if he will clarify his position regarding the regional veterinary laboratory, Kilkenny, and confirm that there are no plans to close this facility; and if he will make a statement on the matter. [37290/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An Efficiency Review Group has been established in my Department to facilitate a strategic approach in taking the necessary decisions to adhere to our budgetary allocation while also addressing the structural changes which will be necessary to enable my Department to fulfil its wide ranging remit. It is envisaged that this Group will examine all areas/activities in my Department. As this Group has only recently been established it would be premature at this stage to indicate what actions/measures will be necessary to achieve the optimum use of existing limited resources.

Grant Payments. 458. Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food if he will ensure that payment for the farm waste management grant scheme is awarded without further delay to persons (details supplied) in County Limerick. [37304/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned was paid grant-aid under the Farm Waste Management Scheme by my Department on 24 October 2008.

459. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Tipperary will receive their installation aid. [37316/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant for aid under the Young Farmers’ Installation Scheme. His application for payment is currently being examined within my Department and the outcome will be notified to the person concerned as soon as possible.

Departmental Staff. 460. Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37352/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There are two bonus schemes operating in my Department. The first is a scheme of performance-related awards that applies to Deputy and Assistant Secretaries and equivalent grades. It does not apply to Sec- retaries General. Details of awards to individual officers under the performance related scheme are not disclosed on the basis that they are confidential to the officer concerned. The table below illustrates the performance related awards paid to Assistant Secretaries and equivalent grades for the years 2006 and 2007. Performance-related awards have yet to be paid for 2008.

Year bonus Awarded for Amount Paid No. of Staff Received Award \

2006 144,000 11 2007 180,000 13

487 Questions— 29 October 2008. Written Answers

[Deputy Brendan Smith.]

Details of the operation of the scheme are available in the annual reports of the Committee for Performance Awards which can be accessed on the website of the Department of Finance www.finance.gov.ie. The Minister for Finance, with effect from 1 November 1998, sanctioned expenditure of not more that 0.2% of Subhead A.1 Salaries, Wages and Allowances, in respect of ex-gratia pay- ments or other awards to individual staff members or groups of staff by way of recognition for exceptional performance of duty. Awards under this provision can be made to all grades below Assistant Secretary level. The table below outlines the awards paid under the scheme for the years 2005 and 2006. These awards for 2007 and 2008 have yet to be paid.

Year bonus Awarded for Amount Paid No. of Staff Received Award

\

2005 352,500.00 1,996 2006 390,739.01 2,452

With regard to state agencies under the aegis of my Department, the payment of bonuses is a matter for the bodies themselves and the Deputy should request the information directly from them.

Grant Payments. 461. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when a REP scheme four payment will be made to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [37368/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Where a valid appli- cation has been submitted, advance payments of 75% under the EU regulations governing REPS 4 can only issue when all administrative checks on all 2008 applications for REPS 4 and the 2008 Single Payment Scheme are completed. This work is still ongoing with a view to beginning payment in November. The balancing 25% payment will follow when all 2008 REPS on-farm inspections have taken place.

Registration of Title. 462. Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if he will take steps to contact the Land Commission offices with a view to ensuring that the necessary documentation to enable a person (details supplied) in County Westmeath to have their prop- erty duly registered are dealt with without further delay; and if he will make a statement on the matter. [37387/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My Department is in ongoing contact with the Property Registration Authority to resolve the problem. Some of the documentation in question has already been provided and the remainder is in the process of being drawn up and will be completed shortly.

Installation Aid Scheme. 463. Deputy Charles Flanagan asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the anxiety, upset and hardship throughout rural Ireland as a 488 Questions— 29 October 2008. Written Answers consequence of the recent decision to eliminate the young farmers installation and entitlement; and if he will make a statement on the matter. [37407/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): In relation to young farmers, a number of farm tax measures were renewed in Budget 2009. These are part of a number of schemes and reliefs that have been put in place in recent years to bring about improvements in land mobility that will, in turn, improve productivity and efficiency, partic- ularly for young farmers. These reliefs include the renewal of stamp duty relief for four years until 31 December 2012 (worth an estimated \53 million in a full year), the renewal of stamp duty relief for farm consolidation for two years from 1 July 2009 to 31 June 2011, the renewal of both the general and the young trained farmers’ rates of stock relief for a further two years (estimated cost to the Exchequer of \2 million in a full year) and the extension of the acceler- ated capital allowance for necessary farm pollution control facilities from 31 December 2008 to the 31 December 2010 (worth an estimated \10 million in a full year). When combined, these farm tax measures are estimated to be worth over \65 million in a full year. In addition, the top rate of stamp duty on agricultural land transactions has been reduced with effect from 15 October 2008. This should reduce the cost of agricultural land to purchasers and encourage higher numbers of transactions. All these measures will help young farmers to improve land mobility, increase land swaps and attain higher environmental standards.

464. Deputy Damien English asked the Minister for Agriculture, Fisheries and Food the number of recipients of the installation aid to young farmers for each of the past three years; the number of outstanding applications for the scheme that need to be processed and granted for those who applied prior to the withdrawal of the scheme as announced recently; his plans to encourage young people to enter farming for a living; and if he will make a statement on the matter. [37445/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The number of payees for the past three years under the Installation Aid Scheme is set out in the table.

Year 2006 2007 2008 (to date)

Payees 615 603 616

941 applications for grant-aid were received by my Department under the most recent version of the Installation Aid Scheme, the Young Farmers’ Installation Scheme, prior to its suspension for new applications on 14 October 2008. Of these, 311 have been paid. The possibility of reintroducing the scheme can be considered in the context of the preparation of the Annual Estimates next year and beyond, at which time any changes to the terms of the scheme can also be considered.

Tuberculosis Incidence. 465. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if his Department has a cross-departmental working group with the Department of the Environment, Heritage and Local Government to research and manage the wildlife issue in the incidence of tuberculosis in farm animals; if a review of the impact of the TB eradication scheme on the incidence of TB in farm animals here has taken place; if ongoing research into the prevention of TB in farm animals or wildlife here is taking place; and the cost of such research by year since the introduction of the scheme. [37590/08] 489 Questions— 29 October 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Following peer reviewed research studies that demonstrate that the culling of infected badgers leads to a signifi- cant reduction in the incidence of TB in the cattle population, it is now recognized that the pre-eminent constraint to eradication of TB in Ireland is the existence of a significant reservoir of infection in wildlife, notably the badger. The published results of, firstly, the East Offaly Project and, later, the Four Area Project carried out in counties Cork, Monaghan, Donegal & Kilkenny demonstrated a significant reduction in TB levels in cattle in the removal area over the five years of the trial, compared with levels in the 5 years prior to the trial. Research has also shown that, where badgers have been captured in areas where seriously infected cattle herds also exist, upwards of 40% of the badgers are culture positive for tuberculosis. In view of the role played by badgers in the spread of TB, the current Irish eradication programme is built on a twin-track approach to tackling the disease — systematically addressing both bovine-to-bovine spread as well as a badger-to-bovine cycle. The wildlife strategy implemented by Department includes the targeted removal of badgers by my Department under licences issued by the Department of the Environment, Heritage and Local Government where they are implicated in serious outbreaks of TB in the cattle herd. While a cross Depart- ment working group is not in place, both Departments work together and the two Departments have jointly submitted reports to the Bern Convention (the 1989 Convention on the Con- servation of European Wildlife and Natural Habitats) on our badger removal strategy. Details of specific amounts expended on TB research since the commencement of the Prog- ramme in the mid 1950s are not available. However, in the past 5 years, average expenditure on TB research has amounted to \1.8m per annum. On-going research work on the disease is undertaken by my Department in close co-operation with the Centre for Veterinary Epidemi- ology and Risk Analysis (CEVERA), the Badger vaccine development Group and the Inter- feron-y Assay laboratory, all of which are located in UCD. My Department has research relationships with research departments in UK, US, Canada and NZ in order to keep up to date with relevant scientific developments internationally. The focus of a large element of research funded by my Department has been to devise a means, primarily through the develop- ment of a badger vaccine, to address wildlife involvement in the spread of TB. A significant part of the current research programme also continues to focus on the development of new technological tools for diagnosing the disease in animals. My Department is now satisfied on the basis of Irish research that BCG administered orally to badgers results in protective effects following experimental infection with M. bovis. The next stage within this overall research programme is to carry out a large-scale field trial and prelimi- nary field survey work for this has already commenced. The aim of the vaccine field trial is to demonstrate protection and estimate efficacy of BCG in a wild badger population by comparing prevalence of tuberculosis in a group vaccinated badgers with a similar group of non-vaccinated badgers. It will be some years, however, before a badger vaccination programme can be incor- porated into the bovine disease eradication programme.

School Completion Programme. 466. Deputy Andrew Doyle asked the Minister for Education and Science if he will challenge national wage agreements in his request to the school completion programme to cut salaries by 3% in respect of a school (details supplied); and the alternative avenues of action or funding acceptable to his Department which would keep this important programme open. [37030/08]

490 Questions— 29 October 2008. Written Answers

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The School Completion Programme encompasses both primary and post-primary levels and focuses on young people between the ages of 4 and 18 years and is designed to deal with issues of both concentrated and regionally dispersed disadvantage. SCP is a key component of DEIS (Delivering Equality of Opportunities in Schools) the action plan for educational inclusion, which discriminates positively in favour of children and young people who are at risk of early school leaving. At present there are 124 projects, comprising 692 schools participating in the School Completion Programme. As you are aware the Government announced on 8th July 2008 a series of public spending measures in response to the deterioration in the public finances. In common with other Depart- ments, my Department is required to reduce its payroll bill and that of its agencies by 3% by the end of 2009, through all appropriate measures identified by local management in the light of local circumstances. In the Department’s letter of 21st August 2008, all SCP projects were advised that they have the authority to manage how the savings are to be achieved. This is to facilitate projects in their efforts to ensure that these necessary steps will be applied in such a manner as to minimise their effect on young people targeted and to prioritise those activities which are found to be of most value in supporting the young people concerned. In implementing this decision local Managers will have an opportunity to consider measures which might include the control of premium pay, the management of existing or future vacan- cies, the organisation of work processes and the levels at which work is carried out, as well as control of numbers through recruitment and other measures. This requirement will not have a universal effect on all 124 projects, as projects vary in size, number of schools involved and the number and status of personnel employed and the types of interventions in place. Under the terms of the Government decision, the allocation for the pay element of the School Completion Programme in 2009 will be framed on the basis that a saving of 3% will be achieved when the pay bill is adjusted to include the full-year cost of Towards 2016 increases payable in 2008. In line with the above, the 2008/09 allocation for SCP projects will be adjusted to reflect increases due under Towards 2016 in 2008 and a saving of 3% in payroll costs for 2009. As this process is ongoing, there has been no effect to date on the services provided by any of the participating projects. It is envisaged that the savings requested, will lead to rationalisation, with more efficient and cost effective measures being implemented. In this way, it is not expected that there will be any significant diminution of front-line services.

Departmental Expenditure. 467. Deputy Jack Wall asked the Minister for Education and Science his views on a sub- mission (details supplied); his plans to address this submission; and if he will make a statement on the matter. [37037/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. We are committed to investing in education but we have to invest at a level that is consistent with what we can afford and what is sustainable at the moment given economic circumstances. I am confident that as the global economy improves it will be possible to build again on the significant achieve-

491 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] ments of recent years and do so in a manner consistent with overall prudent management of the Irish economy.

School Transport. 468. Deputy Jan O’Sullivan asked the Minister for Education and Science if he will approve a slight alteration to a school bus route in order to cater for a child (details supplied) in County Limerick in view of the fact that this alteration has the approval of the local school transport office and the school concerned; and if he will make a statement on the matter. [37041/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): My Department has requested Bus E´ ireann, which operates the School Transport Scheme, to sub- mit a report on the pupil referred to by the Deputy, in the details supplied. When this report is received and considered, my Department will be in contact with the family.

Schools Building Projects. 469. Deputy Paul Gogarty asked the Minister for Education and Science the status of the proposed new secondary school for the Carpenterstown-Porterstown area of Dublin 15; the persons under whose patronage it will be; the timescale for the appointment of a principal; when building work will commence on a permanent site for the school; and if he will make a statement on the matter. [36882/08]

496. Deputy Joan Burton asked the Minister for Education and Science if he will confirm that a new secondary school will open in the Carpenterstown-Luttrellstown area of Dublin 15 in September 2009; if this school is to be named Luttrellstown community college; if it is to be run by the vocational education committee; if it is first to be housed in temporary accom- modation or if he expects permanent accommodation to be ready for September 2009; and if he will make a statement on the matter. [36984/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take questions 469 and 496 together. My Department has been aware of a need for further post primary provision in the Dublin 15 area and in that context, I sanctioned the establishment of a new post primary school for the area earlier this month. The new school will be called Luttrellstown Community College and the Patron is County Dublin VEC. My Department is working closely with Co. Dublin VEC and is currently examining the possibility of opening the new school in September 2009 subject to the identification of suitable accommodation.

Special Educational Needs. 470. Deputy Phil Hogan asked the Minister for Education and Science if a full time special needs assistant has been sanctioned in respect of a child (details supplied) in ; and if he will make a statement on the matter. [36883/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants 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

492 Questions— 29 October 2008. Written Answers 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 Fees. 471. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount of money his Department estimates the \300 annual fee for post-primary school transport will raise per annum; the amount his Department will spend on school transport; the purpose for which the difference between the amount raised and the amount spent on school transport will be used; and if he will make a statement on the matter. [36895/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The Deputy will be aware that the 2009 Estimates recognise the importance of the school transport scheme in supporting school access and attendance, particularly in rural communities. The Estimates provide for an allocation of \196 million, which represents an increase of 12% over the initial allocation for 2008. The annual post primary charge will raise in the region of \13 million in respect of a school year, taking family charges into account. These revised post primary charges will meet approximately approx 20% of the cost of providing post primary school transport in 2009. The 2007 Bus E´ ireann school transport scheme statement of account, the latest available, show that the gross cost of the post primary school transport service was \64.8 million. Charges are waived in the case of eligible post-primary children where the family is in possession of a valid medical card. I would also emphasise that school transport for all eligible primary pupils remains free of charge. The overall allocation will enable the provision of school transport for over 134,000 children including about 9,000 children with special needs. The increase is necessary given the expansion of the number of children in schools, the establishment of new schools and the expanding number of children identified as having special educational needs. The increase also reflects some of the cost pressures which are relevant to school transport and, in particular, allows for a compensatory allowance to be paid to private contractors who can avail of a fuel rebate scheme until the end of this month.

472. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates the 8% increase in the fees charged by the State Examinations Com- mission for State examinations will raise; the amount an individual sitting their junior certificate will have to pay in 2009; the amount an individual sitting their leaving certificate will have to pay in 2009; the reason the State Examinations Commission’s budget did not receive a com- mensurate increase in its funding in budget 2009; and if he will make a statement on the matter. [36896/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Income from examination entry fees is estimated at \8.7m in 2008. It is estimated that fee increases of 8% across all examination entry fees will generate an additional \0.70m in 2009. It should be noted that, as a proportion of the State Examinations Commission’s overall funding, income from fees has reduced in the past four years from 15.6 % to 13.7%. A circular will be issued to schools shortly by the State Examinations Commission outlining he rates of fee for 2009.

493 Questions— 29 October 2008. Written Answers

473. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department envisages a rise in fees charged by FETAC and HETAC will raise; the amount these increases will cost individual students compared to previous years; the way these two separate organisations will charge fees if they are amalgamated in line with his Department’s plans; and if he will make a statement on the matter. [36897/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The target is that the fees charged by FETAC and HETAC will generate an additional \1.26 million in 2009. The Depart- ment is consulting the awards councils and relevant stakeholders with a view to agreeing their 2009 schedules of fees for awards and other services. The amalgamation of HETAC, FETAC and the National Qualifications Authority of Ireland will not have major implications in the area of fees. It is envisaged that the new organisation will have similar powers to charge fees as its predecessors.

Departmental Savings. 474. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount of money his Department estimates will be saved by the decision to withdraw substitution cover for all absences arising from uncertified sick leave in schools and for school business absences in post-primary schools; and if he will make a statement on the matter. [36898/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The projected saving in expen- diture in 2009 arising from the suspension of substitution cover for absences on uncertified sick leave in primary and second level schools including Vocational Education Committees and the suspension of cover for official school business in all second level schools is twenty eight million euros. Substitution cover will continue to be provided for the other categories of absences for which it is currently available including maternity leave and certified sick leave. The existing arrangements will continue to apply for the supervision/substitution scheme with teachers con- tinuing to be paid for participation in the scheme.

475. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount of money his Department estimates will be saved by suspending the early retirement scheme for teachers on an annual basis; the amount it cost in the last full fiscal year; and if he will make a statement on the matter. [36899/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department estimates a saving in 2009 of \10 million on foot of the suspension of the Early Retirement Scheme for teachers. This figure is the estimated net savings after making allowance for the probability that some teachers, who might have retired under the scheme, will avail of other existing retirement options in 2009. The full year cost in the 2007 financial year of benefits for those who retired under the scheme was of the order of \66.7 million. This amount included the cost of benefits paid in 2007 to those who retired in the year together with the ongoing pension costs in 2007 of those who had retired under the scheme in previous years. These figures relate to teacher retirements from primary, secondary, community and comprehensive schools.

Departmental Expenditure. 476. Deputy Ruairı´ Quinn asked the Minister for Education and Science the reason his Department has estimated an extra \300 million in respect of teachers’ salaries in budget 2009

494 Questions— 29 October 2008. Written Answers in view of the announcement of a 3% payroll cut across the board; and if he will make a statement on the matter. [36900/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Teachers and Special Needs Assistants were exempted from the general payroll cut across the public sector. Additional costs arise from the requirement to appoint additional teachers to cope with the increase in enrolments as well as to cover the cost of pay increases applicable from September 2008 under the national pay agreement.

Third Level Institutions. 477. Deputy Michael Ring asked the Minister for Education and Science if he will intervene to ensure the recognition by an organisation (details supplied) of a third level college course; and if he will make a statement on the matter. [36901/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The organisation referred to by the Deputy is an independent body and so cannot be compelled to recognise any particular third-level course as being suitable for professional recognition, nor can any timescale for such recognition be imposed. The third level institution referred to by the Deputy has informed the HEA that the course in question is currently under review by the organisation concerned; that the organisation has visited the institution to assess the quality of the course; and that the institution is complying with all requests arising from that process as they occur. They also state that students on the course are being informed of progress and that they anticipate recognition by the organisation on completion of the review process. The institution’s current briefing material on the course for prospective students does not declare that the course is recognised by the organisation, and makes no guarantees of such recognition being awarded.

Schools Building Projects. 478. Deputy Billy Timmins asked the Minister for Education and Science the position regard- ing a school (details supplied); if in view of the circumstances sanction will be given; and if he will make a statement on the matter. [36903/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that the school to which the Deputy refers has submitted an application for a new school building. Progress on this project will be considered in the context of my Department’s multi-annual School Building and Modernisation programme. However, in light of current competing demands on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

Higher Education Grants. 479. Deputy Brian O’Shea asked the Minister for Education and Science his views on whether it is fair that his Department at the information meeting in Tullamore in 2008 regarding the third level grants, stressed that in cases in which divorced parents have joint custody of their children but no maintenance is being paid that both spouses income will be reckoned for means test purposes in respect of eligibility for third level grants even when one of the parents has remarried; and if he will make a statement on the matter. [36912/08]

495 Questions— 29 October 2008. Written Answers

480. Deputy Brian O’Shea asked the Minister for Education and Science if he will review the withdrawal of a third level grant from a person (details supplied) in County Waterford; and if he will make a statement on the matter. [36913/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 479 and 480 together. Under the terms of my Department’s 2008 Maintenance Grant Schemes, when assessing the means of students other than independent mature students, the means test provision of the scheme specifies that the students’ means and those of their parents or guardians must be below a prescribed limit. This provision requires that parental income be taken into account. In cases where the parents/guardians of a candidate are divorced or separated the Scheme provides that means assessment on the basis of the income of the parent/guardian awarded custody may occur. The details of the separation or divorce proceedings will advise on the custody arrangements. In cases where one parent/guardian has custody the awarding authorities will take that income, together with the maintenance payments paid by the other parent/guardian, into account. In cases where joint custody exists the income of both parents/guardians is taken into account. This provision was clarified for the awarding auth- orities at a briefing day on the administration of the grant schemes in Tullamore during 2008 to ensure consistency of assessment practice.

Foireann na Roinne. 481. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta ce´nfa´th nach bhfuil ach 3% d’fhoireann na Roinne Oideachais agus Eolaı´ochta in ann gno´ a dhe´anamh trı´ Ghaeilge, nuair ata´ saindualgas ar an Roinn che´anna an Ghaeilge a theagasc, agus a bheith ag ple´ go laethu´ il le daoine a dhe´anann a gcuid oibre trı´ Ghaeilge, amhail mu´ inteoirı´ na nGaelsco- ileanna agus mu´ inteoirı´ eile a bhfuil Gaeilge acu, gan tra´cht ar bhoird bhainistı´ochta agus ar thuismitheoirı´ a bhfuil Gaeilge acu, nuair ata´ an mea´nlı´on foirne ata´ inniu´ il ar a ngno´ a dhe´an- amh trı´ Ghaeilge nı´os airde i ranna eile, amhail Roinn an Taoisigh, mar shampla; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36920/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Ta´ an Teachta Da´la ag tagairt don suirbhe´ cuimsitheach den bhfoireann riaracha´in agus gairmiu´ il a rinneadh i mo Roinn i rith 2004. Measu´ nacht leathan a bhı´ anseo den leibhe´al seirbhı´se trı´ Ghaeilge a bhi ar fa´il san Roinn ag an am sin, den e´ileamh a bhı´ ar an tseirbhı´s sin i 2004, ar an inniu´ lacht a bhı´ ann seirbhı´sı´ a chur ar fa´il trı´ Ghaeilge, ar an suim a bhı´ ag an bhfoireann in oiliu´ int agus ar phleananna chun an tseirbhı´s a fheabhsu´ . Chuidigh an suirbhe´ le feasacht a chruthu´ ar fud na Roinne maidir leis na riachtanais faoi Acht na dTeangacha Oifigiu´ la agus forbairt Sce´im na Roinne faoi Alt 11 den Acht. Baineann an figiu´ r de 3%, da´ dtagraı´onn an Teachta, le foireann riaracha´in amha´in a thug le fios go raibh siad lı´ofa i nGaeilge. Nı´ bhaineann se´ leis an gCigireacht na´ le foireann sa Seirbhı´sSı´ceolaı´ocha Oideachais Na´isiu´ nta. Luaigh tuairim is 50% d’fhoireann na Seirbhı´se Sı´ceolaı´ocha Oideachais Na´isiu´ nta go raibh pa´irt-sheirbhı´sa´ tabhairt acu trı´ Ghaeilge agus luaigh 40% den Chigireacht go raibh Gaeilge liofa acu. Ta´ suim i sealbhu´ scileanna Gaeilge go forleathan sa Roinn. D’fhreastail 67 dı´obh ar chu´ rsaı´ Gaeilge i 2006. Tha´inig ardu´ de ar an bhfigiu´ r sin i 2007 nuair a d’fhreastail 74 dı´obh ar chu´ rsaı´ de chuid Ranno´ g Oiliu´ na mo Roinne.

496 Questions— 29 October 2008. Written Answers

Scoileanna Gaeilge. 482. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta ce´nfa´th na´r tugadh cuireadh gnı´omhach mo´ ide an cho´ irı´ocht chuı´ go dtı´ seo do Gaelscoileanna na´ don Fhoras Pa´tru´ nachta chun scoileanna la´nGhaeilge a bhunu´ i gceantracha mo´ rfha´is i gcathracha agus i mbailte mo´ ra sa Sta´t faoin gco´ ras nua pleana´la i leith bunu´ scoileanna nua, i dtreo go mbeidh teacht ag tuismitheoirı´ sa Sta´t ar oideachas trı´ Ghaeilge da´ bpa´istı´; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36921/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Mar is eol don Teachta, d’fho´ g- air me´ le de´anaı´ athbhreithniu´ ar na gna´sanna do bhunu´ bunscoileanna u´ ra faoin gCoimisiu´ n um Cho´ irı´ochta Scoile. Ta´ se´ i gceist agam Meitheal Oibre Teicniu´ il a bhunu´ faoin gCoimisiu´ n chun athbhreithniu´ iomla´n a dhe´anamh ar na crite´ir agus ar na gna´sanna d’aitheantas bunscoileanna u´ ra. Toso´ idh an Meitheal Oibre seo ag obair insna seachtainı´ romhainn agus ta´thar ag su´ il go mbeidh an t- athbhreithniu´ ar na gna´sanna d’aitheantas unscoileanna u´ ra curtha i gcrı´ch, agus socruithe athbhreithnithe ar bun, laistigh de fra´ma ama dha´ bhliana. Beidh ionadaı´ocht ag na Comhpha´ir- tithe Oideachais uile le linn an phro´ iseas thbhreithnithe seo. San idirlinn nı´lse´ i gceist aitheantas a thabhairt do bhunscoileanna u´ ra ar bith, ach amha´in i gceantair nach fe´idir fo´ namh iontu ar mhe´aduithe i lı´on na ndaltaı´, insna scoileanna mar ata´ siad, agus ina bhfuil ga´ le scoileanna u´ ra a shola´thar. Is ionann sin agus a ra´ nach mbuno´ far scoileanna u´ ra ar fha´thanna nach mbaineann le fa´s deimeagrafach i gceantair ina bhfuil do´ thain co´ irı´ocht scoile cheana fe´in no´ inar fe´idir fo´ namh ar mhe´aduithe trı´ chur leis an gco´ irı´ocht scoile ata´ ann faoi la´thair.

Riachtanais Ghaeilge. 483. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta ce´nfa´th go bhfuil a laghad aird a´ thabhairt ag an Roinn Oideachais agus Eolaı´ochta ar na riachtanais Ghaeilge maidir le hoiliu´ int mu´ inteoirı´, d’ainneoin taighde na Roinne fe´in a foilsı´odh an 15 Iu´ il 2008, a thug le fios go bhfuil beagnach 25% de mhu´ inteoirı´ bunscoile na tı´re seo gan cumas sa´su´ il Gaeilge a bheith acu, agus nach mu´ intear a ndo´ thain Gaeilge do dha´ thrian de na mic le´inn a dhe´anann an teastas so´ isearach ag an dara leibhe´al; i bhfianaise an taighde seo o´ n Roinn Oideachais agus Eolaı´ochta, ce´nfa´th go ndiu´ ltaı´onn an Roinn do mholadh o´ U´ dara´sna Gaeltachta, o´ Chonradh na Gaeilge agus o´ eagraı´ochtaı´ Gaeilge eile go mbuno´ faı´ cola´iste oiliu´ na Gaeilge d’a´bhar oidı´ leis an sce´al a chur ina cheart; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36922/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Ta´ raon leathan ce´imeanna a´ dto´ gaint ag an Roinn Oideachais agus Eolaı´ochta chun cur le hinniu´ lacht mhu´ inteoirı´ sa Ghae- ilge. Ag leibhe´al na re´amhsheirbhı´se, e´ilı´tear gno´ thachta´il agus inniu´ lacht ar leith sa Ghaeilge o´ iarrtho´ irı´ ata´ ag dul le bunmhu´ inteoireacht. Cuireann na sola´thro´ irı´ oideachas re´amhsh- eirbhı´se do mhu´ inteoirı´ bunscoile cu´ rsaı´ le´inn ar fa´il a dhı´rı´onn ar chumas Gaeilge na mac le´inn a fhorbairt, chomh maith le peideolaı´ocht mhu´ ineadh na Gaeilge. Ina theannta sin, de´an- ann roinnt de na sola´thro´ irı´ oideachas re´amhsheirbhı´se freastal ar leith ar an teagasc trı´ Ghae- ilge. Bı´onn ar a´bhar oidı´ bunscoile tre´imhse a chaitheamh sa Ghaeltacht le linn an tre´imhse oiliu´ na. Ta´ tacaı´ocht leanu´ nach phroifisiu´ nta do mhu´ inteoirı´ a´ sola´thar ag na seirbhı´sı´ tacaı´ochta bunleibhe´il agus iarbhunleibhe´il o´ thaobh teagaisc na Gaeilge de. Ta´ an sce´im Tu´ s Maith ag

497 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] cabhru´ le forbairt a dhe´anamh ar theagasc na Gaeilge ag an mbunleibhe´al, chomh maith le cur le hinniu´ lacht agus le muinı´nnamu´ inteoirı´ i labhairt na Gaeilge. Thug an fhoireann Tu´ s Maith diantacaı´ocht do 527 sprioc scoil i rith na scoilbhliana 2007-2008. Sola´thraı´onn na hoiliu´ no´ irı´ Tu´ s Maith raon tacaı´ochtaı´ do bhunmhu´ inteoirı´, maraon le tacaı´ocht inranga, tacaı´ocht scoile uile, ceardlainn iarscoile agus gnı´omhaı´ochtaı´ teanga. Eagraı´odh 33 cu´ rsa Samhraidh Gaeilge chomh maith trı´ lı´onra na n-ionad oideachais a dhı´righ ar inniu´ lacht bhunmhu´ inteoirı´ sa Ghae- ilge a fhorbairt. Ag an iarbhunleibhe´al, bunaı´odh seirbhı´s tacaı´ochta ar leith don Ghaeilge i 2007 mar chuid den tSeirbhı´s Tacaı´ochta Dara Leibhe´al (STDL-Gaeilge). Dı´rı´onn an tseirbhı´s seo ar fhorbairt agus ar chur i bhfeidhm modhanna mu´ inte nua. Ta´ sı´ mar phrı´omhaidhm ag an STDL-Gaeilge tacaı´ocht a thabhairt don Ghaeilge mar theanga chumarsa´ide sna scoileanna agus sna seomraı´ ranga mar a leagtha amach sna siollabais Ghaeilge don Teastas So´ isearach agus don Ardteisti- me´ireacht. Chomh maith leis an sola´thar thuasluaite do scoileanna a mhu´ ineann trı´ Bhe´arla, sol- a´thraı´onn na seirbhı´sı´ tacaı´ochta seirbhı´sı´ trı´ Ghaeilge do Ghaelscoileanna agus scoileanna Gaeltachta. Dı´rı´onn na seirbhı´sı´ tacaı´ochta ar riachtanais na mu´ inteoirı´ sna scoileanna seo maidir lena bhforbairt ghairmiu´ il leanu´ nach. Nı´l aon phleananna agam cola´iste oilu´ na trı´ Ghaeilge d’a´bhar oidı´ a bhunu´ .Ta´im la´nsa´sta go bhfuil dua ag mo Roinnse a´ chaitheamh chun a chinntiu´ go mu´ infear an Ghaeilge go he´i- feachtach ina´r scoileanna agus ta´ se´ mar aidhm agam go leanfar le tacaı´ocht chuı´ a shola´thar do na mu´ inteoirı´ chuige sin.

Mu´ ineadh na Gaeilge. 484. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta ce´nfa´th, i ndiaidh na mblianta de thuarasca´lacha faoi mhu´ ineadh na Gaeilge, agus moltaı´ maidir le re´ite- ach na faidhbe re´amhluaite a fha´il o´ go leor eagraı´ochtaı´ pobail ata´ ag obair ar son na teanga, nach bhfuil dul chun cinn a´ dhe´anamh maidir le mu´ ineadh na teanga, ach go bhfuil a mhalairt ag tarlu´ imo´ rchuid de na scoileanna sa Sta´t; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36923/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Ta´ tionchar ag measca´n d’fhach- to´ irı´ ar an dul chun cinn maidir le mu´ ineadh agus le foghlaim na Gaeilge, fachto´ irı´ curaclaim, cultu´ rtha agus so´ isialta san a´ireamh. Toisc ta´bhacht na Gaeilge d’fhe´iniu´ lacht mhuintir na hE´ ireann agus na bunta´istı´ oideachais a bhaineann leis an da´theangachas d’a´r ndaoine o´ ga, ta´ raon stra´ite´isı´ curtha ar bun ag an Roinn Oideachais agus Eolaı´ochta chun mu´ ineadh agus foghlaim na Gaeilge a chur chun cinn. Ta´ gnı´omhu´ leanu´ nach ar bun ag an ag mo Roinnse chun mu´ ineadh Gaeilge labhartha a fhortbairt a thuilleadh fo´ s. Cuireann an curaclam bunleibhe´il agus na siollabais iarbhunleibhe´il don Ghaeilge be´im la´rnach ar fhorbairt scileanna cumarsa´ide na bhfoghlaimeoirı´. Molann na doicime´id churaclaim ag an mbunleibhe´al do mhu´ inteoirı´ u´ sa´id rialta a bhaint as an nGaeilge mar ghna´thchaint an lae agus gne´ithe eile den churaclam a mhu´ ineadh trı´ Ghaeilge chun taithı´ na bhfoghlaimeoirı´ ar an nGaeilge a leathnu´ .Ta´ athbhreithniu´ a´ dhe´anamh ag an gComhairle Na´isiu´ nta Curaclaim agus Measu´ nachta ar na cla´racha Gaeilge iarbhunleibhe´il. Ta´ lı´on na mar- canna a dha´iltear don scru´ du´ cainte sa Teastas So´ isearach agus san Ardteistime´ireacht me´adai- the go 40% anois d’fhonn scileanna labhartha na mac le´inn a chur chun cinn.

498 Questions— 29 October 2008. Written Answers

Ta´ ce´imeanna ar bun freisin le cinntiu´ go bhfuil a´rmu´ inteoirı´ inniu´ il i dteagasc na Gaeilge. Bı´onn ar gach iarrtho´ ir a the´ann leis an mbunmhu´ inteoireacht riachtanais ar leith iontra´la o´ thaobh na Gaeilge de a sha´samh. Cuireann na sola´thro´ irı´ oideachais d’a´bhar oidı´ ionchur nach beag ar fa´il sa Ghaeilge agus i dteagasc na Gaeilge da´ mic le´inn. De´anann na seirbhı´sı´ tacaı´- ochta bunleibhe´il agus iarbhunleibhe´il freastal ar riachtanais oidı´ o´ thaobh teagaisc na Gaeilge de. Ta´ an sce´im Tu´ s Maith ar bun le bliain anuas chun cabhru´ le hoidı´ bunleibhe´il forbairt a dhe´anamh ar a gcuid Gaeilge labhartha fe´in agus ar a gcumas chun an Ghaeilge a mhu´ ineadh. Ta´ rogha leathan a´iseanna do theagasc na Gaeilge ar fa´il do scoileanna anois, mar is le´ir o´ n eolaire cuimsitheach d’a´iseanna a d’fhoilsigh an Chomhairle um Oideachais Gaeltachta agus Gaelscolaı´ochta. Ta´ a´bhar do´ chais ann maidir le dul chun cinn na Gaeilge sa cho´ ras oideachais. Leanann foghlaimeoirı´ sna Gaelscoileanna orthu ag baint ardchaighdea´n amach sa Ghaeilge. Ta´ me´adu´ suntasach tagtha ar lı´on na nGaelscoileanna le trı´ocha bliain anuas agus is tairbheach a dtion- char ar dhearcadh foghlaimeoirı´ i leith na teanga agus ar a hu´ sa´id go cumarsa´ideach. Chomh maith leis sin, ta´ an Ghaeilge ina a´bhar riachtanach don Ardteistime´ireacht, seachas do´ ibhsiu´ d a bhfuil dı´olu´ ine faighte acu, agus nı´l aon laghdu´ suntasach ar thorthaı´ na scola´irı´ sa scrudu´ Gaeilge Ardteistime´ireachta le blianta beaga anuas. Ta´ se´ mar aidhm agam tacu´ le cur chun cinn na Gaeilge ina´r scoileanna go le´ir ionas go mbeidh toradh fiu´ ntach ar an dua a chaitear le teagasc agus le foghlaim na Gaeilge sa cho´ ras oideachais.

Cola´istı´ Oiliu´ na. 485. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta an bhfe´achfaidh an Roinn Oideachais agus Eolaı´ochta chuige go mu´ intear a´bhar amha´in ar a laghad, sa bhreis ar an nGaeilge fe´in, trı´ Ghaeilge sna cola´istı´ oiliu´ na mu´ inteoireachta uile sa Sta´t, mar che´im i dtreo na mu´ inteoirı´ a chumasu´ chun an Ghaeilge a mhu´ ineadh do dhaltaı´ na tı´re, agus chun a´bhar eile sa bhreis ar an nGaeilge a theagasc trı´ mhea´n na Gaeilge; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36924/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Ta´ re´imse meicnı´ochtaı´ ar bun ag an leibhe´al re´amhsheirbhı´se chun tacu´ le hinniu´ lacht gach a´bhar mu´ inteora chun an Ghae- ilge a mhu´ ineadh i mbunscoileanna. E´ ilı´tear ı´osmhe´id de Ghra´d C i nGaeilge Ardleibhe´il san Ardteistime´ireacht i gcomhair iontra´la ar oiliu´ int bunmhu´ inteora in E´ irinn. De´anann iarrata- so´ irı´ ar an gCu´ rsa Dioplo´ ma Iarche´imı´ san Oideachas scru´ du´ be´il mar chuid den phro´ iseas roghnaithe i gcomhair iontra´la ar an gcu´ rsa; bı´onn ce´im sa Ghaeilge ag cuid mho´ r de na hiontra´- laithe seo freisin. Mar chuid eigeantach den chla´rre´amhsheirbhı´se, e´ilı´tear ar gach mu´ inteoir a oileadh in E´ irinn cu´ rsaı´ a dhe´anamh le su´ il lena n-inniu´ lacht Gaeilge fe´in a fheabhsu´ agus le dul i dtaithı´ ar na modhanna mu´ inte chun an Ghaeilge a mhu´ ineadh de re´ir mar a leagtar sı´os iad sa churaclam bunscoile don Ghaeilge. Bı´onn ar gach aon a´bhar mu´ inteora chomh maith freastal ar chla´r samhraidh sa Ghaeltacht mar chuid da´ (h)oiliu´ int. D’fhonn aitheantas buan a fha´il, nı´ mo´ r do mhu´ inteoirı´ a oileadh i dtı´ortha eile agus a thagann isteach i gco´ ras oideachais na hE´ ireann ag an mbunleibhe´al dul faoi Scru´ du´ Ca´ilı´ochta sa Ghaeilge agus pas a fha´il ann laistigh de thre´imhse cu´ ig bliana o´ thosaigh siad ag mu´ ineadh in E´ irinn. Le blianta beaga anuas, ta´ roinnt tionscnamh curtha ar bun ag na Cola´istı´ Oideachais maidir le hullmhu´ a´bhar mu´ inteora do mhu´ ineadh na Gaeilge. Eagraı´onn cuid de na Cola´istı´ modu´ il a´irithe agus cu´ rsaı´ roghnaitheacha faoi mhu´ ineadh trı´ Ghaeilge. De´anann ceann de na cola´istı´

499 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] sola´thar do mhu´ ineadh trı´ Ghaeilge agus iad ag ionchur do mhicle´inn faoi mhodheolaı´ochtaı´ do mhu´ ineadh an Mhata, na nAmharcealaı´ona agus Corpoideachais. Ina theannta sin, fe´adann gach a´bhar mu´ inteora a c(h)leachtas mu´ inteoireachta a dhe´anamh sa Ghaeltacht no´ i scoil la´nGhaeilge. B’fhe´idir gur eol don Teachta go bhfuil feidhm reachtu´ il ag an gComhairle Mu´ inteoireachta i dtaca le hathbhreithniu´ na gcaighdea´nae´ilı´tear i gcomhair iontra´la ar ghairm na mu´ inteoire- achta, ina measc siu´ d na caighdea´in eolais, scile agus cleachtais a e´ilı´tear do chleachtas na mu´ inteoireachta. Ta´ a cuid oibre ina leith seo tosaithe ag an gComhairle agus cuirfidh sı´ amach straite´is d’athbhreithniu´ tu´ schla´r oideachais mu´ inteoirı´. Chun na crı´che seo, thiono´ l an Chom- hairle sraith fo´ ram comhairliu´ cha´in do pha´irtithe leasmhara san oideachas i mbliana, agus lean- faidh an Chomhairle uirthi ag dul i gcomhairle leis na comhpha´irtithe oideachais, mo Roinn fe´in ina measc, i gcaitheamh a cuid oibre. Tuigim go mbeidh an inniu´ lacht sa Ghaeilge ina ceist la´rnach don Chomhairle agus´ ı ag obair.

Coinnı´ollacha Aitheantais. 486. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta an bhfe´achfaidh an Roinn Oideachais agus Eolaı´ochta chuige go gcloı´tear leis na coinnı´ollacha aitheantais reatha, leis an status quo, fad ata´ an t-athbhreithniu´ dha´ bhliain is de´anaı´ ar bhunu´ scoileanna nua ar siu´ l, is athbhreithniu´ ata´ dı´rithe ar chosc a chur go sonrach le bunu´ scoileanna nua la´nGhaeilge, fiu´ agus an re´amhobair bhunaidh de´anta ag coistı´ tuismitheoirı´ i gcomhar le Gael- scoileanna; an bhfe´achfaidh se´ chuige go gcinntı´tear go mbeidh mar thoradh ar an athbhreithniu´ go bhfanfaidh an t-ı´osmhe´id daltaı´ leis an ngaelscolaı´ocht mar ata´,arlı´on e´ ata´ iomla´n inmhar- thana i gca´s na gaelscolaı´ochta, agus ata´ riachtanach d’fhorbairt na hearna´la sin; agus an nde´an- faidh se´ ra´iteas ina thaobh. [36925/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Mar is eol don Teachta, d’fho´ g- air me´ le de´anaı´ athbhreithniu´ ar na gna´sanna do bhunu´ bunscoileanna u´ ra faoin gCoimisiu´ n um Cho´ irı´ochta Scoile. Ta´ se´ i gceist agam Meitheal Oibre Teicniu´ il a bhunu´ faoin gCoimisiu´ n chun athbhreithniu´ iomla´n a dhe´anamh ar na crite´ir agus ar na gna´sanna d’aitheantas bunscoileanna u´ ra. Toso´ idh an Meitheal Oibre seo ag obair insna seachtainı´ romhainn agus ta´thar ag su´ il go mbeidh an t- athbhreithniu´ ar na gna´sanna d’aitheantas unscoileanna u´ ra curtha i gcrı´ch, agus socruithe athbhreithnithe ar bun, laistigh de fra´ma ama dha´ bhliana. Beidh ionadaı´ocht ag na Comhpha´ir- tithe Oideachais uile le linn an phro´ iseas athbhreithnithe seo. San idirlinn nı´lse´ i gceist aitheantas a thabhairt do bhunscoileanna u´ ra ar bith, ach amha´in i gceantair nach fe´idir fo´ namh iontu ar mhe´aduithe i lı´on na ndaltaı´, insna scoileanna mar ata´ siad, agus ina bhfuil ga´ le scoileanna u´ ra a shola´thar. Is ionann sin agus a ra´ nach mbuno´ far scoileanna u´ ra ar fha´thanna nach mbaineann le fa´s deimeagrafach i gceantair ina bhfuil do´ thain co´ irı´ocht scoile cheana fe´in no´ inar fe´idir fo´ namh ar mhe´aduithe trı´ chur leis an gco´ irı´ocht scoile ata´ ann faoi la´thair.

Scoileanna Gaeilge. 487. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta an bhfe´achfaidh an Roinn Oideachais agus Eolaı´ochta chuige go dto´ gtar pe´ ce´im is cuı´ lena chinntiu´ nach bhfa´gfar aon mho´ rcheantar cathrach gan ghaelscoil, bı´odh se´ ina cheantar seanbhunaithe no´ ina cheantar nuafha´is; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36926/08]

500 Questions— 29 October 2008. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): Ta´ an Ranno´ g Pleana´la Chun Cinn de chuid mo Roinne faoi la´thair gafa leis na ceantair a mbeidh co´ irı´ocht bhreise scoile ag teasta´il go suntasach iontu ag an mbunleibhe´al agus ag an iarbhunleibhe´al a shainaithint. I measc na bhfachto´ irı´ ata´ a´ machnamh ta´ fa´s sa daonra, treochtaı´ deimeagrafacha, rolluithe reatha agus re´amheasta, forbairtı´ tithı´ochta a tharla le de´anaı´ agus ata´ pleana´ilte, agus cumas na scoileanna ata´ ann cheana freastal ar an e´ileamh ar ionaid. Tar e´is do na fachto´ irı´ seo a bheith machnaithe, de´anfar cinnidh faoin mbealach is fearr chun freastal ar riachtanais ata´ ag teacht chun cinn i gceantar. Machno´ far an bhfuil ga´ le Gaelscoileanna breise sa chomhthe´acs seo.

488. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta an bhfe´achfaidh an Roinn Oideachais agus Eolaı´ochta chuige go dto´ gtar pe´ ce´im is cuı´ lena chinntiu´ nach bhfa´gtar aon cheantar gaelscoile gan cola´iste pobail la´n-Ghaeilge, no´ a chomh-mhaith de mhea´nscoil, le freastal air i dtreo go mbeidh teacht ag nı´os mo´ tuismitheoirı´ i gcoitinne ar fud na tı´re ar scolaı´ocht dara leibhe´al trı´ Ghaeilge da´ bpaistı´,pe´ acu ata´ na pa´istı´ sin ag teacht o´ bhunscoileanna la´n-Ghaeilge no´ o´ bhunscoileana eile; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36927/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Faoi la´thair, ta´ me´ ag machn- amh roinnt ar ceisteanna maidir le bunu´ scoileanna dara leibhe´al. Machno´ far na nithe ata´ ardaithe ag an Teachta sa chomhthe´acs sin.

Cola´istı´ Oiliu´ na. 489. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta an mbrosto´ idh an Roinn chun cinn le forbairt an Ionaid Oideachais i mBaile Bhuirne, o´ thaobh acmhainnı´ daonna de do COGG ar mhaithe leis an nGaelscolaı´ocht, agus ar mhaithe le tacaı´ocht a shola´- thar do mhu´ ineadh na Gaeilge i gcoitinne ar fud an cho´ rais; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36928/08]

Minister for Education and Science (Deputy Batt O’Keeffe): D’fho´ gair mo chomhleacaı´ com- haireachta, an tAire Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta agus an tAire a chuaigh romham, an Teachta Hanafin, i Ma´rta 2007, go bhfuil se´ i gceist go mbeadh tionscnamh tacaı´ochta agus forbartha don Ghaeilge faoi choimirce na Chomhairle um Oideachas Gaeltachta agus Gaelscolaı´ochta, suite i gCola´iste I´osaga´in agus go sannfaı´ ceathrar ball foirne breise don Cho- mairle chun na crı´che seo. Ta´ mo Roinn i mbun ple´anna leis an Roinn Airgeadais faoi ghra´du´ na bpost seo. Ta´thar tar e´is coiste comhordaithe de´anta suas d’ionadaithe o´ n gComhairle um Oideachas Gaeltachta agus Gaelscolaı´ochta, U´ dara´s na Gaeltachta agus Foras na Gaeilge a bhunu´ chun comhairle a thabhairt ar eilimintı´ comhoibrithe den obair fhoriomla´n ata´ le cur i gcrı´ch.

An Luath-Thumoideachas. 490. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta an e´ireoidh an Roinn Oideachais agus Eolaı´ochta as a bhfeachtas gnı´omhaı´ochta agus beartas in aghaidh an luath-thumoideachais iomla´in i nGaelscoileanna an Sta´it, agus an dtaco´ idh an Roinn le leathnu´ agus le neartu´ an dea-chleachtais aitheanta na´isiu´ nta agus idirna´isiu´ nta seo chun an dara teanga a mhu´ ineadh; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36929/08]

501 Questions— 29 October 2008. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): Ta´ raon staide´ar ann a aibhsı´onn e´ifeachtacht chur chuige an luath-thumoideachais d’fhoghlaim teanga. Nı´ soile´ir i gco´ naı´ insna staide´ir, a´fach, ce´ard iad go beacht na mu´ nla´i tumtha a bhı´ i bhfeidhm, ar baineadh feidhm as teanga an tumtha go heisiach, ce´ard e´ an pro´ ifı´l socheacnamaı´och agus an cu´ lra teanga bhaile a bhı´ ag na daltaı´,na´ ce´ard e´ an comhthe´acs na´isiu´ nta a bhı´ i gceist na´ an leibhe´al u´ sa´ide de theanga an tumtha sa tsochaı´.Fa´gann se´ seo gur deacair compara´idı´ a dhe´anamh leis an sce´al in E´ irinn. Rinneadh athbhreithniu´ ar an litrı´ocht sa re´imse seo thar ceann na Comhairle Na´isiu´ nta Curaclaim agus Measu´ nachta i 2006 agus b’e´ an ta´tal a bhı´ ansin na´ “existing inter- national research is not adequate to decide the reading sequencing issue clearly in the context of Irish immersion, either in a general way or in particular schools.” Is e´ an bhuncheist pholasaı´ sa cha´s seo na´ seasamh le ceart gach aon pha´iste rochtain ar an gcuraclam iomla´n a luaithe is fe´idir. E´ ilı´onn Ciorcla´n 0044/2007 go gcuirfeadh scoileanna la´n-Ghaeilge 3.5 uaire ar a laghad de Bhe´arla ar fa´il sa tseachtain, no´ 2.5 uaire sa tseachtain a´it a bhfuil la´ nı´os giorra ann do ranganna na naı´ona´n, ag tosach an dara te´arma de na naı´ona´in so´ isearacha ar a dhe´anaı´.Ta´ eisiu´ int an chiorcla´in seo ina ha´bhar Athbhreithnithe Bhreithiu´ naigh faoi la´thair. Ta´ mo Roinnse i mbun phro´ iseas comhairliu´ cha´in maidir leis na Rialu´ cha´in chun an Curaclam Bunsco- ile a Fhorordu´ faoi Alt 30 den Acht Oideachais. Ta´ an t-aiseolas o´ na comhpha´irtithe oideachais go le´ir a´ anailı´siu´ faoi la´thair agus nı´l aon chinneadh de´anta go fo´ ill faoi na che´ad che´ime- anna eile.

Scoileanna Gaeltachta. 491. D’fhiafraigh Deputy Brian Hayes den Aire Oideachais agus Eolaı´ochta ce´nfa´th nach gcuireann an Roinn Oideachais agus Eolaı´ochta na tacaı´ochtaı´ cuı´ oideachais ar fa´il le haghaidh scoileanna Gaeltachta, i dtreo gur fe´idir leo leanu´ int de bheith ag mu´ ineadh trı´ Ghaeilge, ach go ha´irithe i gcomhthe´acs bru´ leanu´ nach an Bhe´arla a bheith orthu, agus ag cur san a´ireamh na mbunta´istı´ a bhaineann leis an luath-thumoideachas o´ thaobh an teanga a sheachadadh o´ ghlu´ in go glu´ in; agus an nde´anfaidh se´ ra´iteas ina thaobh. [36930/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Sola´thraı´onn an Roinn Oidea- chais agus Eolaı´ochta raon leathan de thacaı´ochtaı´ a chabhraı´onn le cur chun cinn na Gaeilge agus an teagasc trı´ Ghaeilge sna scoileanna Gaeltachta. Cuireann an curaclam Gaeilge bunsco- ile cuspo´ irı´ foghlama Gaeilge ar leith ar fa´il do scoileanna a mhu´ ineann trı´ Ghaeilge. O´ thaobh co´ imheas oide-daltaı´ de, ta´ sceideal coinnea´la maidir le hoidı´ gna´thshrutha a choinnea´il nı´os fa´bhraı´ ag na scoileanna Gaeltachta bunleibhe´il na´ mar ata´ ag bunscoileanna a mhu´ ineann trı´ mhea´n an Bhe´arla. Ina theannta sin, cuirtear oide sa bhreis ar an ngna´thshola´thar ar fa´il do gach iarbhunscoil aitheanta mar scoil Ghaeltachta. Ta´ gnı´omhu´ leanu´ nach ar bun chun tacu´ le h-oiliu´ int agus le forbairt na n-oidı´ sna scoileanna Gaeltachta. Cuirtear suas le 10% de na hionaid sna cola´istı´ oideachais ar leataobh d’iarrtho´ irı´ bunmhu´ inteoireachta o´ n nGaeltacht chun cur leis an sola´thar oidı´ ata´ inniu´ il maidir leis an teagasc trı´ Ghaeilge. De´anann roinnt de na sola´thro´ irı´ oideachais d’a´bhar oidı´ freastal ar leith ar an teagasc trı´ Ghaeilge sna cu´ rsaı´ le´inn a chuireann siad ar fa´il. Dı´rı´onn na seirbhı´sı´ tacaı´ochta bunleibhe´il agus iarbhunleibhe´il aird ar riachtanais na n-oidı´ a oibrı´onn sna scoileanna Gaeltachta maidir lena bhforbairt ghairmiu´ il leanu´ nach. Faigheann oidı´ a bhı´onn ag mu´ ineadh i scoileanna le haitheantas Gaeltachta liu´ ntas bliantu´ il ar leith de \3,068. Is mo´ r an dul chun cinn ata´ de´anta le blianta beaga anuas maidir le ha´iseanna teagaisc a shola´thar chun tacu´ leis an teagasc trı´ Ghaeilge. Ta´ an Chomhairle um Oideachais Gaeltachta agus Gaelscolaı´ochta tare´is eolaire cuimsitheach d’a´iseanna don Ghaeilge agus don teagasc trı´ Ghaeilge a fhoilsiu´ . Chomh maith leis sin, is mo´ r an dul chun cinn ata´ de´anta o´ thaobh aistriu´ -

502 Questions— 29 October 2008. Written Answers cha´in leabhar de le cinntiu´ go bhfuil te´acsanna o´ iriu´ nacha ar fa´il do mhic le´inn iarbhunleibhe´il ata´ ag foghlaim trı´ Ghaeilge. Leanann an Roinn Oideachais agus Eolaı´ochta uirthi ag tacu´ le forbairt Se´idea´nSı´,cu´ rsa comhtha´ite Gaeilge ata´ ar fa´il sna prı´omhchanu´ intı´ agus a fhreasta- laı´onn ar riachtanais teanga na scoileanna Gaeltachta ag an mbunleibhe´al. De re´ir Curaclaim na Bunscoile, is fe´idir le scoileanna Gaeltachta an luath-thumoideachas sa Ghaeilge a chleacht- adh le haghaidh 90% den tre´imhse iomla´n scoile. Bı´tear ag su´ il go mu´ infear an Be´arla go ceann 2.5 uair sa tseachtain sna scoileanna seo. Luı´onn an cur chuige seo le seasamh an churaclaim agus le beartas na Roinne Oideachais agus Eolaı´ochta go mu´ infear an Be´arla agus an Ghaeilge araon do gach dalta o´ thu´ s a gcuid bunscolaı´ochta. Tugann se´ seo deis fhiu´ ntach do gach dalta an da´ theanga a fhorbairt i dteannta a che´ile agus a gcuid bunscileanna labhartha a fhorbairt ionas go mbeidh siad in ann tabhairt faoin le´itheoireacht sa da´ theanga gan dua. I gcomhthe´acs na dtacaı´ochtaı´ go le´ir ata´ ann cheana, ta´im sa´sta tacu´ go leanu´ nach leis an teagasc trı´ Ghaeilge a chaomhnu´ agus a fhorbairt sna scoileanna Gaeltachta.

Schools Refurbishment. 492. Deputy James Bannon asked the Minister for Education and Science the projected timescale for refurbishment work at a school (details supplied); and if he will make a statement on the matter. [36931/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The project for the school to which the Deputy refers 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 the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Higher Education Grants. 493. Deputy James Bannon asked the Minister for Education and Science the reason a person (details supplied) in County Longford has been refused a student support grant despite being eligible as a student pursuing a course in an EU member state; and if he will make a statement on the matter. [36932/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Third Level Student Sup- port Schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration (pursued in a university or a third level institution which is maintained or assisted by recurrent grants from public funds) in other EU Member States with effect from the 1996-97 academic year. The extension of the Schemes at that time did not include courses at postgraduate level and, accordingly, there is no grant aid available under the schemes for students pursuing postgraduate studies outside Ireland. Section 21 of the Finance Act 2000, as amended by Section 29 of the Finance Act 2001, provides for the introduction of tax relief for postgraduate tuition fees paid in colleges outside of Ireland. This relief, which is available from the tax year 2000-01 onwards, applies at the standard rate of tax. Further details and conditions in relation to this tax relief are available from an individual’s Local Tax Office.

503 Questions— 29 October 2008. Written Answers

Pension Provisions. 494. Deputy John Cregan asked the Minister for Education and Science if a person (details supplied) in County Limerick is entitled to a pension or gratuity payment from his Department in respect of previous employment; and if he will make a statement on the matter. [36934/08]

Minister for Education and Science (Deputy Batt O’Keeffe): A contributory pension scheme for full-time non-teaching employees serving on the staff of comprehensive and community schools was introduced with effect from 1 August 1979. There is no provision under the terms of the scheme for the admission to pensionability of part-time employees. I understand that the person referred to by the Deputy was employed as a cleaner in a community school on a part-time basis. Accordingly, as she was not a full-time employee, she was not eligible for admission to the pension scheme.

Higher Education Grants. 495. Deputy Bernard J. Durkan asked the Minister for Education and Science if a person (details supplied) in Dublin 15 qualifies for a higher education grant; and if he will make a statement on the matter. [36966/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student maintenance grants is a matter for the relevant assessing authority, either the local authority or VEC, as appropriate. These bodies do not refer individual applications to my Department, other than in exceptional circumstances. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of maintenance grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. If an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.

Question No. 496 answered with Question No. 469.

Departmental Expenditure. 497. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the transition year grant in the 2009-10 school year; the position regarding the activities which schools will be able to do with even less funds available, particularly in disadvantaged areas; and if he will make a statement on the matter. [36988/08]

498. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the leaving certificate applied grant in the 2009-10 school year; if the leaving certificate applied as an alternative to the leaving certifi- cate examination no longer has a future; and if he will make a statement on the matter. [36989/08]

499. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the physics and chemistry grant in the 2009-10 school year; and if he will make a statement on the matter. [36990/08]

504 Questions— 29 October 2008. Written Answers

500. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the special subjects grant in the 2009- 10 school year; and if he will make a statement on the matter. [36991/08]

501. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the home economics ingredients grant in the 2009-10 school year; and if he will make a statement on the matter. [36992/08]

502. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the choirs and orchestras grant in the 2009-10 school year; and if he will make a statement on the matter. [36993/08]

503. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the junior certificate schools programme grant in the 2009-10 school year; and if he will make a statement on the matter. [36994/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 497 to 503, inclusive, together. In framing the budget, a range of very difficult policy choices had to be faced by the Govern- ment across all areas of public expenditure, including in the field of education. While education remains a priority for the Government, it has been necessary to curtail expenditure in some areas. While certain grants are to be abolished, I would like to emphasise that the capitation grant for post-primary schools has been increased by 4.3%, representing an increase of \14 per pupil, to bring it to \345 per pupil from January 2009. Voluntary secondary schools will benefit also from an increase in the school services support grant by \8 per pupil from January 2009. This will mean, for example, that a secondary school with an enrolment of 500 pupils will receive an additional \11,000 in funding in 2009. The abolition of the Transition Year grant is expected to save \2.55 million. With regard to transition year activities in disadvantaged areas, schools in the DEIS programme are in receipt of additional grant aid, which they will continue to receive. It is estimated that savings in the order of \1.2 million will be made by the abolition of the Leaving Certificate Applied grant. The Leaving Certificate Applied (LCA), taken by approxi- mately 6% of students, is subject to review and appropriate revisions are made to ensure that needs of all students in the intended target group are met in the best possible way. This will continue to be the case, and I am confident that the Leaving Certificate Applied will continue to be a viable option for students whose needs are not catered for by the other Leaving Certifi- cate options. The abolition of the physics and chemistry grant is likely to save \1.2 million, while the abolition of the equipment grants for LCA and the Leaving Certificate Vocational Programme is estimated to save \78,000. Savings from the abolition of the Home Economics grant are projected to be \51,000. The abolition of the Choirs and Orchestras grant is expected to save in the order of \26,000. It is expected that \192,000 will be saved in the abolition of the Junior Certificate Schools Programme grant.

504. Deputy Ruairı´ Quinn asked the Minister for Education and Science the amount his Department estimates will be saved by the abolition of the book grant for schools not in the DEIS scheme in the 2009-10 school year; and if he will make a statement on the matter. [36995/08]

505 Questions— 29 October 2008. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. These decisions included reductions on the aid for school books scheme which in the case of schools outside of the DEIS scheme will involve savings of approximately \7.5 million on current levels. Approxi- mately \7 million was made available in 2008 to DEIS schools for the school book grant scheme and this fund of \7 million will be made available for distribution to schools in the DEIS programme in 2009.

Computerisation Programme. 505. Deputy Brian Hayes asked the Minister for Education and Science the reason the schools e-mail project (details supplied) has not been rolled out beyond pilot stage to all schools; and if he will make a statement on the matter. [37002/08]

506. Deputy Brian Hayes asked the Minister for Education and Science the consultation or input that was sought from the teaching profession and other educational partners in developing the schools e-mail project (details supplied); and if he will make a statement on the matter. [37003/08]

507. Deputy Brian Hayes asked the Minister for Education and Science the advice or input that was sought from commercial Internet service providers in advance of developing and rolling out the schools e-mail project (details supplied). [37004/08]

508. Deputy Brian Hayes asked the Minister for Education and Science the number of schools that have participated in the pilot schools e-mail project (details supplied); the number of teachers who have received training for the project; the number of users registered on the system; and if he will make a statement on the matter. [37005/08]

509. Deputy Brian Hayes asked the Minister for Education and Science the provision that has been made in budget 2009 for the extension of the e-mail project (details supplied) beyond pilot stage; and if he will make a statement on the matter. [37006/08]

510. Deputy Brian Hayes asked the Minister for Education and Science the provision that has been made in budget 2009 for the continued support of the e-mail project (details supplied) in its current status; the amount it is expected this project will cost in 2009; and if he will make a statement on the matter. [37007/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 505 to 510, inclusive, together. Schools broadband connectivity under the Schools Broadband Access Programme is routed through the National Broadband Network, which is supported by HEAnet. The network pro- vides centrally managed services for schools such as security, anti-spam, anti-virus and content filtering. This approach of a centrally managed network is in keeping with the approach advo- cated by Datanet International, an independent telecommunications consultancy that my Department engaged to undertake a study into the provision of broadband Internet connectiv- ity to schools, prior to the commencement of the Schools Broadband Access Programme. Dat- anet recommended, inter alia, that schools broadband provision be managed through a centrally managed schools network which would provide a range of network functions, including Internet access, security, content filtering, e-mail and virus control.

506 Questions— 29 October 2008. Written Answers

A request for tenders for the delivery, installation, commissioning and maintenance of an email service for the National Broadband Network was published on the national public pro- curement website and in the Official Journal of the European Union in September, 2004. Twelve tenders were received and following the evaluation process, the contract with the suc- cessful bidder was signed in November 2005. Following the infrastructural build for the project, the system was piloted with 21 schools involving a mix of primary, post-primary and special schools. Pre-pilot training was provided to 24 teachers from the pilot schools and training on the e-mail service was also provided to the ICT advisors and e-mail tutors. The objective of the pilot was that each school would use and provide feedback on the service during this period. HEAnet signed off on the service in September, 2006. While the contract provided for system management in the first year, HEAnet has been supporting the system in-house from the first renewal date. While the spam scanning component of the service is generally available to schools, only those schools that participated in the pilot phase currently have access to the e- mail service. There are currently 2,333 users registered on the system. There is sufficient provision within my Department’s 2009 budget to maintain the existing e- mail service, which being primarily built on open-source software, does not attract ongoing software license fees other than for the anti-spam service element. My Department is consider- ing the potential for the wider application of the e-mail service, having regard to the needs of schools and the costs involved. HEAnet hosts the hardware purchased for the e-mail service and the annual costs involved can be met from my Department’s existing resources. In this context, my Department is considering the use of some of the hardware for the provision of webhosting services for schools.

Educational Disadvantage. 511. Deputy Brian Hayes asked the Minister for Education and Science the number of schools not in the DEIS programme previously in receipt of top-up funding provided under disadvantage initiatives that will have funding withdrawn as a result of budget 2009 consider- ations; and if he will make a statement on the matter. [37008/08]

514. Deputy Brian Hayes asked the Minister for Education and Science if the number of home school liaison posts will be reduced as a result of the withdrawal of funding for schools previously in receipt of support under disadvantaged schemes but not participating in DEIS; if so, the number of home school liaison posts and schools that will be affected; and if he will make a statement on the matter. [37011/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I propose to take Questions Nos. 511 and 514 together. Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. There is a need to focus targeted resources on the schools in most need and this is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006 which inter alia, suggested that my Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities. DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme. As a result of the identification and review processes,

507 Questions— 29 October 2008. Written Answers

[Deputy Sea´n Haughey.] 876 schools have been included in the new programme under DEIS. These comprise 673 primary schools (urban and rural) and 203 second-level schools. From the 2009/10 school year, disadvantage funding will continue to be allocated to the 673 primary and 203 post primary schools selected to participate in the DEIS programme. The allocation of disadvantage funding to some 1,900 primary schools and 73 post primary schools not identified for inclusion in the programme will cease. At present in both DEIS and Non- DEIS schools, there are 451 local Home School Community Liaison (HSCL) coordinators, providing HSCL services to some 651 schools across the primary and post primary sectors. Of these posts, 62 are being withdrawn from schools not identified for inclusion in the DEIS programme with effect from September 2009. 11 of these posts are shared across 19 primary schools and the remaining 51 across 73 post primary schools. In the region of \800 million will be spent by my Department this year on tackling edu- cational disadvantage at all levels — from pre-school to further and higher education. This represents an increase of nearly \70 million on the comparable 2007 figure and is testament to the Government’s determination to prioritise social inclusion and ensure that all our children and young people get the supports they need to do well at school. Social inclusion measures across all Government departments have also been prioritised under the Towards 2016 agree- ment, the National Action Plan for Social Inclusion 2007-16 and the National Development Plan.

Capitation Grants. 512. Deputy Brian Hayes asked the Minister for Education and Science the level of additional funding schools previously received in additional capitation for Travellers; the extent to which this funding has been reduced; and if he will make a statement on the matter. [37009/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. These decisions included reducing the enhanced capitation funding paid to schools in respect of traveller pupils enrolled. This measure will involve savings of approximately \1.2 million on current levels. Approximately \2.4 million was made available in 2008 in respect of enhanced capitation for traveller pupils. \1.2 million will be made available for this purpose in 2009.

School Staffing. 513. Deputy Brian Hayes asked the Minister for Education and Science the proportion of teachers at primary and secondary level who have permanent posts; and if he will make a statement on the matter. [37010/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Significant improvements have been made in the staffing levels of our second level schools in recent years. The current teacher allocation for the mainstream second level sectors including Co-Operation hours is twenty six thousand seven hundred and twenty one whole time teacher equivalents. In the period between the 2001/2002 and the 2007/2008 school years, there were approximately twelve hundred additional mainstream teaching posts allocated to second level schools. The number of whole time teacher equivalents in the primary sector at present is thirty one thousand one hundred and thirty four. The number of permanent teaching posts available in individual schools at any

508 Questions— 29 October 2008. Written Answers one time is determined in accordance with criteria agreed with the education partners. It is a matter for the individual school authority, as employer, to determine whether any particular post when vacated may be filled on a permanent basis.

Question No. 514 answered with Question No. 511.

Special Educational Needs. 515. Deputy Brian Hayes asked the Minister for Education and Science the way the \10 million set aside for enhanced measures in respect of children with special educational needs will be used; the new or existing services that will be enhanced by the additional funding other than the expansion of the National Educational Psychological Service; and if he will make a statement on the matter. [37012/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Some \10 million has been provided to the Department of Education and Science to enable the services provided to chil- dren with special educational needs to be enhanced and strengthened and to continue prep- arations for the full implementation of the Education for Persons with Special Educational Needs (EPSEN) Act at a later date. As the Deputy has noted, part of this amount will be used to facilitate the extension of the National Educational Psychological Service to all schools in the country. Some additionality is also being provided to the National Council for Special Education (NCSE) to enhance services to children with special educational needs, their parents and schools, and some additional provision has been made for Special Needs Assistants (SNAs) and resource teaching allocations augmenting the amounts already provided in these areas. A further amount has been provided to assist in providing training for teachers to meet the learning and teaching needs of children with special educational needs in the context of the future implementation of the Act.

Schools Building Projects. 516. Deputy Brian Hayes asked the Minister for Education and Science the status of a school (details supplied) in Dublin 7 and its request for additional funding and new premises; and if he will make a statement on the matter. [37014/08]

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 a new school building. The pro- gression 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.

517. Deputy Brian Hayes asked the Minister for Education and Science the status of a school (details supplied) in Dublin 7 and its request for additional funding and new premises; and if he will make a statement on the matter. [37015/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department is not in receipt of an application for large scale capital funding from the school to which the Deputy refers. Between 2005 and 2006, the school received a total of almost \319,000 under the Summer

509 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] Works Scheme to replace its windows, to upgrade a home economics room and for other structural repairs.

518. Deputy Pat Breen asked the Minister for Education and Science, further to Question No. 425 of 8 May 2008, the progress of a school building project (details supplied) in County Clare; and if he will make a statement on the matter. [37016/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, the building project for the school to which the Deputy refers is awaiting the appointment of a Design Team. 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.

Higher Education Grants. 519. Deputy Martin Ferris asked the Minister for Education and Science if he will review the case of a person (details supplied) in County Kerry who is appealing a refusal to award them a full rate grant while attending Tralee Institute of Technology on the grounds that their route is just under the 15 mile designation. [37031/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The three Third Level Student Support Schemes, administered by the Local Authorities and the Vocational Education Com- mittees on behalf of my Department, offer financial assistance to eligible students attending approved third level courses. Students entering approved courses for the first time are, gener- ally speaking, eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. Under the student support schemes, maintenance grants are payable at either the adjacent or the non-adjacent rate. The adjacent rate of maintenance grant is payable where the grant holder’s normal residence is 24 Km or less from the college which he/she is attending. The non- adjacent rate of maintenance grant is payable in all other cases, with the exception of all eligible mature students who, with effect from the 1999/2000 academic year, qualify for the higher non- adjacent rate of grant. In each case the shortest, most direct route to college is measured to establish the distance concerned.

520. Deputy Jack Wall asked the Minister for Education and Science if a reassessment or appeal of an application for a third level education grant in respect of a person (details supplied) in County Kildare can take place in view of the fact that the person explained to the authority that it may take some time to obtain the information requested as their father is self- employed; and if he will make a statement on the matter. [37034/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The closing date for receipt of grant applications under the 2008 maintenance grant schemes is the 29th August 2008. Clause 11.1 awards the awarding authorities discretion to accept applications after this date and treat such application as if it had been received on time. Clause 13 of the schemes states that the applicant “shall submit to the Local Authority [VEC] such information and documentation as may be required by it to process the application in full. It will be the responsibility of candidates to ensure that the statement of income and other details sought is full and complete in every

510 Questions— 29 October 2008. Written Answers aspect.” Where the candidate fails to provide details sought by the awarding authority it will not be possible for the applicant to be considered further under the terms of the grant schemes.

School Transport. 521. Deputy Olwyn Enright asked the Minister for Education and Science if his attention has been drawn to the fact that pupils attending a school (details supplied) in County Laois are left with no access to school transport; the measures that were taken to accommodate same on school transport; and if he will make a statement on the matter. [37045/08]

Minister of State at the Department of Education and Science (Deputy Sea´n 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 suitable national school as deter- mined by my Department, are eligible for school transport. The position in this case is that the children referred to by the Deputy are not attending their nearest national school and therefore are not eligible for school transport. It is open to pupils who are not attending their nearest school to apply for concessionary transport to the school which they are attending. Concession- ary transport is offered subject to a number of terms and conditions, including the availability of spare seating on an existing service. Parents of the pupils referred to should liaise with their local Bus E´ ireann office to establish whether their children may avail of fare-paying transport under the terms of the scheme.

Schools Refurbishment. 522. Deputy Martin Ferris asked the Minister for Education and Science the number of applications granted and refused in respect of furniture replacement grants for primary schools in 2008. [37046/08]

523. Deputy Martin Ferris asked the Minister for Education and Science the number of primary schools that applied for furniture replacement grants between 1 January and 30 September 2008. [37047/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 522 and 523 together. The full data sought by the Deputy is not readily available in my Department. However, I can say that up to 30 September 2008, 1,160 applications from primary schools for replacement, additional and special needs furniture have been approved for funding by my Department.

Schools Building Projects. 524. Deputy Lucinda Creighton asked the Minister for Education and Science the action that is being taken to facilitate the expansion of a school (details supplied) in Dublin 24; if funds will be made available in respect of the acquisition of a site for the expansion of the school; and if he will make a statement on the matter. [37065/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The building project for 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 phase will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme. However, in light of current competing

511 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Staffing. 525. Deputy Brian Hayes asked the Minister for Education and Science the circumstances under which the cap of two language support teachers per school will be lifted; the criteria a school will have to meet in order to receive more than two language support teachers in the future; and if he will make a statement on the matter. [37067/08]

Minister of State at the Department of Education and Science (Deputy Conor Lenihan): Notwithstanding the increase of \302 million in the education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. These decisions included reducing the level of language support teachers from a maximum of six extra teachers per school to a maximum of two teachers per school, as was the case before 2007. However, the budget measures also provide for some alleviation for the position of those schools where there is a significant concentration of newcomer pupils as a proportion of the overall enrolment. This will be done on a case by case basis. The allocation process for language support teachers is an annual one and existing provision is not rolled over automatically. Schools will be applying afresh in the spring and early summer of 2009 for the 2009/2010 school year, based on their assessment of the prospective needs of existing pupils and any new pupils they are enrolling.

526. Deputy Michael Ring asked the Minister for Education and Science when a person (details supplied) in County Mayo will receive their 2.5% pay increase due as a retired VEC teacher. [37071/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Payment of the increase due under the Towards 2016 Agreement is dependent, in the case of each sector, organisation and grade, on verification of co-operation with flexibility and change, including co-operation with satisfactory implementation of the agenda for modernisation set out in the Agreement, main- tenance of stable industrial relations and absence of industrial action in respect of any matters covered by the Agreement. Discussions in relation to certain aspects of the modernisation agenda are currently taking place under the auspices of the Teachers Conciliation Council. As the discussions are ongoing, a decision has not yet been made as to whether payment of the increase due on 1 September 2008 is warranted. Payment of the increase in the pensions of retired teachers may only be approved following its sanction for payment to serving personnel.

Higher Education Grants. 527. Deputy Michael Ring asked the Minister for Education and Science the exceptional circumstances that would enable local authorities to have the discretion to waive the residence requirement for the third level maintenance grant (details supplied); and if he will make a statement on the matter. [37072/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The residency clause under the Higher Education Grants Scheme require, in the case of a candidate under 23, that the candi- date’s parents, or guardians, have been resident in the administrative area of a Local Authority from 1st October of the previous year. In the case of an independent mature candidate the

512 Questions— 29 October 2008. Written Answers candidate himself/herself must have been resident in the administrative area of a Local Auth- ority, as appropriate from 1st October of the previous year. Under Clause 4.1.1 of the Higher Education Grants Scheme, the Local Authorities have discretion to waive the residency requirement in exceptional circumstances. As this is a dis- cretionary provision available to the local authorities, it is a matter for the local authorities to determine on a case by case basis, whether or not it is appropriate to waive the residency requirement in exceptional circumstances.

Physical Education Facilities. 528. Deputy Joanna Tuffy asked the Minister for Education and Science if he will provide funding to a centre (details supplied) in Dublin 22; and if he will make a statement on the matter. [37074/08]

529. Deputy Joanna Tuffy asked the Minister for Education and Science if he will provide funding for a centre (details supplied) in Dublin 24; and if he will make a statement on the matter. [37075/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 528 and 529 together. The halls referred to by the Deputy were built as part of a programme to develop community sports halls in drugs task force areas in Dublin and Cork. The stated objective of the prog- ramme was that each hall would be dual use in nature in that they would be accessible to the wider community as well as to the local school population. The intention was that, apart from normal school usage, the facilities would be available as much as possible to the community and, in particular, to target groups such as youth at risk. An application was made by my Department in 2006 for dormant accounts funding to enable community usage of the halls to commence. Government approval was received in 2007 for the drawdown of funding of approximately \2.1 million in respect of six of the halls, including those referred to by the Deputy. In regard to these six halls, management structures were put in place and community groups were given access. The position is that the allocated dormant accounts funding will provide for the operation of these halls until the end of 2008. My Department does not fund community facilities and I regret to say that it has not been found possible to identify an alternative source of funds that would enable the facilities to remain available for community usage on an ongoing basis. In the circumstances, my Department has written to the relevant stakeholders to advise them of the position.

Departmental Expenditure. 530. Deputy Ruairı´ Quinn asked the Minister for Education and Science, further to Question No. 1766 of 24 September 2008, when his Department’s review of overall economic and budget- ary positions and competing priorities for available resources will take place; when it will con- clude; when schools will be informed of the conclusions of this review; and if he will make a statement on the matter. [37088/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The financial parameters for my Department were set out in Budget 2009. Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a

513 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] number of tough and difficult decisions had to be taken. While the existing start up grant for new schools has not increased, the Education Budget for 2009 has provided for improvements to the overall level of funding for primary schools which will see funding increase from \167 million in 2008 to almost \190 million in 2009. The primary capitation grant has been improved by more than \21 to bring the rate to \200 per pupil. The ancillary services grant for primary schools will also be improved by \3.50 to \155 per pupil. In order to alleviate some of the pressures on new schools my Department facilitates them with early payment of capitation and ancillary grants.

School Staffing. 531. Deputy Michael Ring asked the Minister for Education and Science the effects of budget 2009 on a school (details supplied) in County Mayo, with particular reference to its teacher numbers. [37089/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The specific information requested by the Deputy in relation to the detailed staffing allocation of the school in question for the academic year 2009/10 cannot be determined until the allocation process has fully con- cluded. There is nothing exceptional in this. The allocation process includes appellate mechan- isms under which schools can appeal against the allocation due to them under the staffing schedules. At primary level the final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. Schools are currently returning data to my Department in relation to their enrolment as of 30 September. My Depart- ment has commenced processing this data although all schools have not yet made their returns. The allocation processes including notification to schools will commence early in the New Year.

Schools Building Projects. 532. Deputy Michael Ring asked the Minister for Education and Science when funding will be approved for the provision of a new school building (details supplied) in County Mayo. [37090/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The building project for the school to which the Deputy refers is currently at an advanced stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction 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.

Special Educational Needs. 533. Deputy Pat Breen asked the Minister for Education and Science, further to Question No. 1675 of 24 September 2008, if he will report on the follow up and facilities in place for persons (details supplied) in County Clare; and if he will make a statement on the matter. [37252/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The National Council for Special Education is responsible, through its network of local Special Educational Needs

514 Questions— 29 October 2008. Written Answers

Organisers, for the establishment of special classes for children with autism and for allocating resource teachers and special needs assistants to schools to support children with special needs. It operates within my Department’s criteria in allocating such support. 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. The NCSE will continue to establish additional autism classes where the need arises in both special schools and mainstream schools. I have arranged for the details supplied to be forwarded to the NCSE for their attention.

School Accommodation. 534. Deputy Dan Neville asked the Minister for Education and Science if he will make a statement regarding a school (details supplied) in County Limerick; and if he will provide funding in 2009 towards the provision of an extension to provide ancillary accommodation for this primary school. [37306/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for large scale capital funding for the provision of ancillary accommodation. 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.

Schools Building Projects. 535. Deputy Olwyn Enright asked the Minister for Education and Science the position regarding the completion of works under the public private partnership at a school (details supplied) in County Offaly; the completion date for same; and if he will make a statement on the matter. [37318/08]

536. Deputy Olwyn Enright asked the Minister for Education and Science the position regarding the completion of works under the public private partnership at a school (details supplied) in County Laois; the completion date for same; and if he will make a statement on the matter. [37319/08]

537. Deputy Olwyn Enright asked the Minister for Education and Science the position regarding the completion of works under the public private partnership at a school (details supplied) in County Offaly; the completion date for same; and if he will make a statement on the matter. [37320/08]

538. Deputy Olwyn Enright asked the Minister for Education and Science the position regarding the completion of works under the public private partnership at a school (details supplied) in County Laois; the completion date for same; and if he will make a statement on the matter. [37321/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 535 to 538, inclusive, together. The schools referred to by the Deputy make up the first bundle of schools to be procured under my Department’s current Public Private Partnership (PPP) Programme. Macquarie Part-

515 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] nership for Ireland (MPFI) was selected as the preferred tenderer for the provision of this Bundle in October 2007. Negotiations between the National Development Finance Agency (NDFA), who are responsible for the procurement of the schools, and MPFI are ongoing and are now nearing completion. Until these negotiations are complete and the formal contract signed it will not be possible to provide a final date for the completion of construction for these schools.

Third Level Education. 539. Deputy Sea´n Connick asked the Minister for Education and Science, further to Parliamentary Question No. 320 of 28 May 2008, the further consideration which has been given to the establishment of a university in the south-east region. [37323/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The position is that applications have been received from 3 Institutes of Technology for designation as Universities. These applications raise significant issues regarding Government policy towards higher education, in particular the existing roles of the Universities and Institutes of Technology which have distinc- tive missions from each other, provide different levels and types of academic programmes, fulfil different roles in the community and have separate academic and governance structures. I have met with all of Institutes of Technology concerned and I expect that consideration of the applications on hand will be finalised in the near future.

School Staffing. 540. Deputy Thomas P. Broughan asked the Minister for Education and Science if he will review and increase the staff allocation at a school (details supplied) in Dublin 13 in view of the fact that many pupils at the school are in classes of 30 plus; and if he will make a statement on the matter. [37328/08]

541. Deputy Thomas P. Broughan asked the Minister for Education and Science if he will review and increase the staff allocation at a school (details supplied) in Dublin 5 in view of the fact that many pupils at the school are in classes of 30 plus; and if he will make a statement on the matter. [37329/08]

542. Deputy Thomas P. Broughan asked the Minister for Education and Science if he will review and increase the staff allocation at a school (details supplied) in Dublin 13 in view of the fact that many pupils at the school are in classes of 30 plus; and if he will make a statement on the matter. [37330/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 540 to 542, inclusive, together. The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule. The schedule for the current school year is set out in circular 10/08 which issued in March, 2008 to all primary school Boards of Management and is also available on my Department’s website. Posts allocated on the basis of the staffing schedule are specifically for mainstream classes and should be deployed accordingly. School authorities are requested to ensure that the number of pupils in any class is kept as low as possible, taking all relevant contextual factors into

516 Questions— 29 October 2008. Written Answers account. In particular, school authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and smallest classes is kept to a minimum. It is open to a Board of Management to submit an appeal under certain criteria to an inde- pendent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are con- tained in the staffing schedule. The criteria are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Department’s website. I understand that the staffing for the 2008/2009 school year of the schools referred to by the Deputy was considered by the Appeal Board on 20 May 2008. The Board, having considered the appeals with regard to the criteria outlined in Circular 0024/2007, was satisfied that a depar- ture from the staffing schedule was not warranted in these cases. The Appeal Board operates independently of the Department and its decision is final.

Special Educational Needs. 543. Deputy Olwyn Enright asked the Minister for Education and Science the number of special needs assistants working in a school (details supplied) in County Laois. [37342/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The National Council for Special Education (NCSE), through the local Special Educational Needs Organisers (SENOs), is responsible for processing applications for special educational needs supports from primary and post primary schools. SNA support is provided specifically to address the care needs of pupils with special educational needs. The nature and level of support provided is based on the assessed needs of the individual child having regard to the criteria set out in my Department’s circulars. There are currently no Special Needs Assistant posts sanctioned for the school in question.

Schools Building Projects. 544. Deputy Martin Ferris asked the Minister for Education and Science the position regard- ing a school (details supplied) in County Kerry which was informed on 24 April 2007 that it had been project approved. [37343/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The building project for the school to which the Deputy refers is awaiting the appointment of a Design Team. The pro- gression 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 Staff. 545. Deputy Joe Carey asked the Minister for Education and Science the amount paid in bonuses to anyone under the jurisdiction of his Department for the years 2006, 2007 and 2008; and if he will make a statement on the matter. [37357/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The scheme of bonus payments on performance related awards in the Civil Service applies to the grades of Deputy and Assist-

517 Questions— 29 October 2008. Written Answers

[Deputy Batt O’Keeffe.] ant Secretaries and equivalent grades. In 2006 awards totalling \95,000 were made to 8 officials, in 2007 awards totalling \93,000 were made to 8 officials and in 2008 awards totalling \134,000 were paid to 9 officials at my Department. These payments were made on the basis of recom- mendations made by the Committee for Performance Awards. Awards made to individual officers under the scheme are not disclosed as they are confidential and personal to the officers concerned. Details of the operation of the scheme are available on the Department of Finance’s website at: www.finance.gov.ie

School Transport. 546. Deputy Denis Naughten asked the Minister for Education and Science, further to parliamentary Question No. 424 of 20 May 2008, if his Department has finalised proposals on the review of the school transport system including catchment boundaries; and if he will make a statement on the matter. [37371/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): Further to Parliamentary Question No. 424 of 20 May 2008, proposals for progressing the commitment given in the Programme for Government to review the school transport system including catchment boundaries are now at an advanced stage. I will be making an announce- ment in relation to the review within the next month.

Special Educational Needs. 547. Deputy Denis Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 664 of 8 July 2008, the steps he is taking to meet the educational requirements of autistic children; the implications of budget 2009 for these plans; and if he will make a statement on the matter. [37372/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to advise the Deputy that my Department’s current position on the education of children with autism remains the same as I outlined in my response to his question on 8 July 2008. The criteria for allocating additional teaching and/or special needs assistant support for children with special educational needs, including autism, were not changed as part of the budget announcements. The rate of capitation funding payable in respect of special classes for autism attached to mainstream primary schools and special schools for children with autism was significantly increased from \880 per pupil to \986 per pupil. Since July 2007, officials in my Department have met on a regular basis with Irish Autism Action in relation to the commitment in the current programme for Government to long-term funding for the centres that are in the ABA pilot scheme subject to agreement with my Depart- ment on standards that will enable them to be supported as primary schools for children with autism. I am pleased to advise that broad agreement has been reached on the core conditions to enable the centres to be recognised as special schools for children with autism and discussions are ongoing in relation to the due diligence processes in respect of existing contractual arrangements.

Teachers’ Remuneration. 548. Deputy Aengus O´ Snodaigh asked the Minister for Education and Science if Members of the Houses of the Oireachtas who fail to resign their teaching post upon being elected continue to receive a teacher’s salary; the amount that has been paid, over the past ten years,

518 Questions— 29 October 2008. Written Answers to Members who have not resigned their teaching post upon being elected; and the amount of savings that could be made in 2009 if those salaries were withdrawn. [37373/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The current arrangement when a teacher becomes a member of the Oireachtas is that a replacement teacher is employed, in a temporary capacity, in his/her school for the duration of the absence. Teaching salary is paid to the Oireachtas member for the duration of the arrangement but the total cost of the replace- ment teacher, including pension and PRSI contributions is deducted from the salary. The arrangement allows that the balance of salary, if any, remaining after the deductions have been made may be paid to the Oireachtas member. A number of Oireachtas members do not accept any balance of salary that may be payable. The information requested by the Deputy on the amount paid over is available for 2004 to 2007 as follows:

• 2004 — \80,957

• 2005 — \62,063

• 2006 — \54,252

• 2007 — \48,092

As the payment arrangement takes specific account of individual replacement teacher details at a current date, it is not possible to provide this information for 2008 or 2009.

Teaching Qualifications. 549. Deputy Brian O’Shea asked the Minister for Education and Science the regularity with which restricted recognition was granted to resource teachers in the primary school system; and if he will make a statement on the matter. [37395/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Restricted recognition is granted to teachers, who trained outside the State and who hold a recognised primary teacher qualification, and to teachers with certain approved Montessori qualifications. Such teachers are eligible for appointment to posts in certain categories of special schools, to posts in categor- ies of special classes in mainstream schools where Irish is not a curricular requirement and to posts as full-time resource teachers for children with special educational needs (low incidence disabilities only) in mainstream schools. They may also take up positions in children detention schools, youth encounter projects and special education projects. In addition, they may also take up positions as substitute teachers. Teachers with recognised post-primary qualifications may be granted restricted recognition to enable them to teach in a special school where a proportion of pupils attending the special school are of post-primary age and where second level programmes are being provided by the school. According to the Department’s records, the following was the position in relation to the numbers of teachers with restricted recognition employed in the primary sector at the end of the last school year: 186 teachers with recognised post-primary qualifications who were teaching in special schools where a proportion of pupils attending the special school are of post-primary age and where second level programmes are being provided by the school; 290 teachers who have been trained outside the State; and 627 Montessori trained teachers.

519 Questions— 29 October 2008. Written Answers

Pupil-Teacher Ratio. 550. Deputy Pat Breen asked the Minister for Education and Science if he will review his decision to increase class sizes in the budget of 2009; if his attention has been drawn to the consequences of his proposal for the delivery of education in schools in County Clare; and if he will make a statement on the matter. [37400/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The specific information requested by the Deputy in relation to the detailed staffing allocation of the schools in Co Clare for the academic year 2009/10 cannot be determined until the allocation process has fully concluded. There is nothing exceptional in this. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. At primary level the final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. Schools are currently returning data to my Department in relation to their enrolment as of 30 September. My Department has commenced processing this data although all schools have not yet made their returns. The allocation processes including notification to schools will com- mence early in the New Year. Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. These decisions included an increase in the enrolment bands of the staffing schedule for the allocation of teachers in primary schools from an average of one teacher for 27 pupils to an average of one teacher for 28 pupils.

551. Deputy Pat Breen asked the Minister for Education and Science if his attention has been drawn to the consequences of budgetary cutbacks for a school (details supplied) in County Clare; if he will ensure that the current number of teachers is retained at the school; and if he will make a statement on the matter. [37403/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The specific information requested by the Deputy in relation to the detailed staffing allocation of the school in question for the academic year 2009/10 cannot be determined until the allocation process has fully con- cluded. There is nothing exceptional in this. The allocation process includes appellate mechan- isms under which schools can appeal against the allocation due to them under the staffing schedules. At primary level the final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. Schools are currently returning data to my Department in relation to their enrolment as of 30 September. My Department has commenced processing this data although all schools have not yet made their returns. The allocation processes including notification to schools will com- mence early in the New Year. Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. These decisions included an increase in the enrolment bands of the staffing schedule for the allocation of teachers in primary schools from an average of one teacher for 27 pupils to an average of one teacher for 28 pupils.

La´r-Oifig Iontra´la. 552. D’fhiafraigh Deputy Aengus O´ Snodaigh den Aire Oideachais agus Eolaı´ochta ar u´ sa´id

520 Questions— 29 October 2008. Written Answers an La´r-Oifig Iontra´la buise´ad riaracha´in na heagraı´ochta le ca´s a tho´ ga´il i gcoinne an Sta´it le de´anaı´ faoina dualgais faoi Acht na dTeangacha Oifigiu´ la 2003 agus an caiteachas cuı´ ag an eagraı´ocht a bhı´ ann, ar cheadaigh no´ ar mhol an Roinn do´ ibh an ca´s a ghlacadh. [37414/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Is cuideachta phrı´obha´ideach faoi theorainn ra´thaı´ochta an La´r-Oifig Iontra´la agus nı´l feidhm ag mo Roinnse i leith a maoini- the na´ a gnı´omhaı´ochtaı´.

Higher Education Grants. 553. Deputy Ro´ isı´n Shortall asked the Minister for Education and Science the statutory instrument that precludes students of distance learning courses from support under the higher education grants scheme; and if he will make a statement on the matter. [37432/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The statutory framework for the maintenance grants 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. An approved course, for the purposes of the Higher Education Grants Scheme is, generally speaking, a full-time undergraduate course of not less than two years duration or a full-time postgraduate course of not less than one-year duration pursued in an approved third-level institution. The institutions approved under the Scheme are, generally speaking, publicly funded third level colleges offering full-time courses at under- graduate and post-graduate level. Distance learning courses are regarded as part-time prog- rammes of study. Accordingly such courses are not included under the Higher Education Grants Scheme.

Schools Building Projects. 554. Deputy Pat Breen asked the Minister for Education and Science, further to parliamen- tary Question No. 419 of 1 July 2008, if funding was allocated to a school (details supplied) in County Clare; and if he will make a statement on the matter. [37437/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As part of the expansion of the Small Schools Scheme, a grant of \ 380,000.00 was sanctioned to enable the school in question to extend and modernise the school building. The scheme is not intended to leave schools with significant fundraising needs; rather the terms of the Scheme require the schools to tailor the scope of capital works commissioned to the available funding. The decision on whether to continue participating in the scheme or to drop out, if the scope of build is more than the funding envelope permits, is a matter for each school authority. A central tenet of the devolved scheme is that the school, granted discretion and funding, must equally accept responsibility for prioritisation, adherence to statutory regulations, as well as control of costs and ensuring value for money. In this instance, having examined the school’s application for additional funding, the Department is of the opinion that the project should be completed within the amount originally allocated and accordingly, further grant aid was refused. In the circumstances, the Board of Management is required to take the necessary steps to ensure that the scope of the works undertaken matches the funding allowed.

Special Educational Needs. 555. Deputy Bernard J. Durkan asked the Minister for Education and Science if existing educational services and assistance in place for a person (details supplied) in County Kildare

521 Questions— 29 October 2008. Written Answers

[Deputy Bernard J. Durkan.] will continue in view of recent proposals regarding class sizes and pupil-teacher ratios; and if he will make a statement on the matter. [37579/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. 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. The recent budgetary announcements did not affect the criteria used for the allocation of additional teaching and care resources for children with special educational needs.

556. Deputy Bernard J. Durkan asked the Minister for Education and Science if existing educational services and assistance in place for a person (details supplied) in County Kildare will continue in view of recent proposals regarding class sizes and pupil- teacher ratios; and if he will make a statement on the matter. [37592/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. 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. The recent budgetary announcements did not affect the criteria used for the allocation of additional teaching and care resources for children with special educational needs.

522