Da´Il E´Ireann

Vol. 597 Wednesday, No. 3 9 February 2005

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 9 February 2005.

Leaders’ Questions ……………………………… 621 Ceisteanna—Questions Taoiseach ………………………………… 629 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 643 Order of Business ……………………………… 644 Finance Bill 2005: Report Stage (resumed) ……………………… 651 Ceisteanna—Questions (resumed) Minister for Environment and Local Government Priority Questions …………………………… 671 Other Questions …………………………… 684 Adjournment Debate Matters …………………………… 696 Finance Bill 2005: Second Stage (resumed) ……………………… 697 Referral to Select Committee ………………………… 749 Private Members’ Business Northern Ireland Issues: Motion (resumed) …………………… 749 Adjournment Debate Hospital Services ……………………………… 780 Health Board Services …………………………… 782 Cancer Screening Programme ………………………… 785 Job Losses ………………………………… 788 Questions: Written Answers …………………………… 793 621 622

DA´ IL E´ IREANN breach of trust by the Government and the Taoiseach has a responsibility and the authority ———— to ensure that it is sorted out in the interests of that sector. De´ Ce´adaoin, 9 Feabhra 2005. Wednesday, 9 February 2005. The Taoiseach: The Bill is still before the House. It has not yet passed Second Stage. Dis- ———— cussions are ongoing. The Disability Legislation Consultation Group has been very much involved Chuaigh an Ceann Comhairle i gceannas ar in the process over a number of years. I have 10.30 a.m. attended a number of meetings with the leadership of the movement and we have discussed the ———— framework for the Bill extensively. The remaining issue of concern prior to Christmas was fund- Paidir. Prayer ing and how we would roll that out on a multi- annual basis. We have dealt with that. ———— In our discussions the groups involved, who I find to be reasonable people, put forward various cases. I will examine the issue of the letters which Leaders’ Questions. was raised by Deputy Kenny. However, it is good Mr. Kenny: Last night up to 700 people with legislation. In framing it we examined models in disabilities, their families, their carers and their other parts of the world, in Australia, Canada, advocates attended at the RDS to express their New Zealand, the United States of America, the anger and frustration at what they perceive to be UK and in different parts of Europe, and our shortcomings in the Disability Bill 2004. In legislation is very progressive. addition to the anger and frustration they There are demands from some people for some expressed, there was a distinct feeling of having kind of rights based legislation that is lawyer been through this previously. They thought, when driven, but such legislation does not exist any- the 2001 Bill was withdrawn and the Disability where in the organised world and neither would Legislation Consultation Group was set up, that it be appropriate. Our strategy is rights based but the Government was involved in genuine dia- it is not lawyer driven. Under the approach we logue with the various groups and the representa- have adopted people are entitled to an indepen- tives of the disability sector. The legislation pro- dent assessment of their needs, for which they duced in September 2004 bears little resemblance have fought for many years, and I totally under- to what the members of the group thought they stand why they did that. There is a statement of were helping to frame in consultation with the services to which they are entitled. There is access Government. to an appeal system to deal with complaints This Bill has been described as fundamentally regarding the assessment of the service. If a ser- flawed by many groups, including the Human vice statement is laid out and people are not get- Rights Commission. The definition of disability is ting the service, there is an appeals process to so restrictive that it almost certainly excludes deal with it. There is ultimate access to the courts from its provisions persons with mental illness to enforce the decisions of an independent and those with disability who need episodic as appeals process. That is a very strong and signifi- distinct from continuous service. What should cant power. There are transparent multi-annual have been landmark and progressive legislation is funding commitments for current and capital now perceived as regressive and excluding. spending and, most important, there is a clear and In the The Irish Times this morning, the Mini- transparent sectoral commitment to provide for ster of State at the Department of Justice, the needs of people with disabilities. Equality and Law Reform, Deputy Fahey, stated he would be happy to respond in writing to sub- The Government’s approach has been to missions. Given that the Disability Legislation develop a really good, powerful, strong, well Consultation Group sent recommendations to the resourced and clear Bill, which is welcomed by Department last October, why has it taken the everybody. There is also the Comhairle Department until now to give an answer? Will (Amendment) Bill 2004 and the six outline sec- the Taoiseach see to it that the correspondence is toral plans in the key departmental areas, some- comprehensively and fully dealt with? thing for which the disability lobby groups and The Second Stage speeches, particularly of organisations have fought for over many years. Government representatives, were largely self- There is also a commitment to funding not only congratulatory in tone. The Taoiseach did a good for this year but until the end of the decade. day’s work yesterday in dealing with the issue of I accept there are still issues the relevant the release of the killers of Detective Garda groups want considered when we are amending McCabe. We discussed at some length in this the Bill. The Minister of State, Deputy Fahey, has House the breach of trust by the republican already discussed these matters with me and with movement. What has dragged on here for seven the Minister for Finance and we will respond on years in terms of the disability sector is a national them. 623 Leaders’ 9 February 2005. Questions 624

Mr. Kenny: The Taoiseach could not have been Mr. F. McGrath: We are fed up of the courts. at last night’s meeting but I am sure he had rep- I was there last night. resentatives there. If all of the matters the Taoiseach has mentioned are included, why is An Ceann Comhairle: The Deputy will leave there so much frustration, so much anger and a the House if he does not behave himself. feeling of having been let down on the part of so many of the people who are involved with dis- The Taoiseach: Deputy McGrath is right ability groups, who are carers or advocates, or because that is the issue. What we are endeav- who have family members who are affected? ouring to do in the legislation is to provide for an Is it correct that the Taoiseach stated he does independent assessment of needs where a dis- not favour rights based legislation? abled person can be assessed independent of the system. The Taoiseach: I do not favour rights based legislation that is lawyer driven. Ms Lynch: They can go and go and go.

Ms O. Mitchell: Is there another kind? The Taoiseach: When I want to give an answer the Deputies will not listen. There is a statement Mr. Kenny: Most things in this country are law- of services to which they are entitled, there is yer driven. Does the Taoiseach favour rights access to an appeals process to deal with com- based legislation that is not lawyer driven? plaints about the assessment of service, there is ultimate access to the courts if that is The Taoiseach: Yes. required——

Mr. Kenny: The definition being accorded to Mr. Stanton: There is not, they are barred. disability is not clear. Does it mean that episodic treatment, or treatment on an occasional basis as The Taoiseach: Yes, there is. distinct from continuous treatment, will be available to persons who require it? Can the An Ceann Comhairle: I ask Deputies to Taoiseach confirm that the entire mental health remain silent. area will be included? It appears as if the legislation excludes thousands of people who feel they The Taoiseach: In regard to the transfer of the should be included in legislation of this nature. I multi-annual programme, we have given \2.5 understand the Irish Human Rights Commission billion in the period up to the end of the decade. issued a statement some time ago to the effect it Deputy Kenny asked what was the objective of does not support the Bill. Perhaps the Minister of the Bill. The Bill puts in place a framework for State at the Department of Justice, Equality and the provision of health and personal social ser- Law Reform, Deputy Fahey, would be good vices for people with a disability. That is what it enough to call in the different groups for a face is endeavouring to do. It allows for systematic to face interaction on their concerns and frus- development and improvement to these services, trations. I am sure he is sufficiently concerned to it requires that public services and buildings are do that. made accessible for them, it also obliges public bodies to be proactive in employing people with The Taoiseach: On the issue of episodic treat- disabilities, it restricts the use of information from ment, if the assessment of needs say it is required genetic testing and establishes centres for excel- that is covered. The Deputy asked me to clarify lence. All of those issues are contained in the Bill, the rights based issue. We have said all along that they were all of the demands. I accept that there the strategy is a rights based approach but it is are still some issues of concern with which the wrong that the ultimate system is to get a person Minister of State, Deputy Fahey, is dealing with who has a disability into court in order to get his the groups. He will continue to meet with the or her assessment of need. I have met many of groups and we will continue to try to address the groups—— those issues on Committee Stage.

Mr. J. O’Keeffe: They have rights but they are Mr. Stanton: He does not want to meet them. not enforced. Mr. Rabbitte: The Taoiseach is on public An Ceann Comhairle: The Taoiseach without record as is the Minister for Justice, Equality and interruption, please. Law Reform in deploring the lack of co-operation by the British authorities in the matter of the The Taoiseach: The strategy is rights based. Dublin-Monaghan bombings. We share that regret on this side of the House but it should be Mr. J. O’Keeffe: They are not enforced. noted in passing that, for example, some of the documents being sought are of the highest sensi- An Ceann Comhairle: This is Leaders’ Ques- tivity in terms of intelligence and security con- tions. The Taoiseach is entitled to be heard in siderations. I raise the separate matter where civil silence in the same way as Deputy Kenny when litigation is taking place, arising from the single he was putting the question. worst atrocity of the last almost 30 years of viol- 625 Leaders’ 9 February 2005. Questions 626 ence in Northern Ireland. I refer to the case being atrocity but other setbacks. The decision appears taken by the Omagh families for civil compen- to be a procedural one of the Special Criminal sation against persons suspected of involvement Court that it feels unable to release these docu- or being complicit in that atrocity. In this case, ments although, I repeat, they are no more than the co-operation of the Irish State is being sought a verbatim account of what transpired in public by the families concerned and so far it is not court. It has decided it does not have jurisdiction forthcoming. The families have already suffered and has suggested that the only court that might one setback in the courts here where a conviction have jurisdiction would be the High Court but was quashed because of the manner of handling legal opinion is divided. The High Court may well of that case by some gardaı´. Earlier this week, say these are papers proper to an another court. the Special Criminal Court felt it had to refuse to What is at issue is that lawyers on behalf of the release the transcripts of certain trials. The Omagh families need access to these documents. Special Criminal Court felt it did not have juris- The Northern Ireland courts have made it clear diction to release these papers. These papers and they need access to the documents. I am suggest- proceedings are the verbatim account of what ing a route which I am advised would allow access transpired in public court. The Northern Ireland to documents that are not otherwise accessible courts have made clear that they want to evaluate whereby the Minister for Justice, Equality and what transpired for themselves and they are not Law Reform has the power, as an exception to prepared to make an order against the Irish the 30 year rule, to cause them to be transferred authorities. to the National Archives where they can be accessed by anybody. An Ceann Comhairle: Deputy Rabbitte—— The Taoiseach: I take the point. I appreciate Mr. Rabbitte: They are looking for co-oper- the importance of the papers. I have read the ation. The transcripts to which I have referred newspaper reports on it but as I said I have had can be transferred to the National Archives in the no request within the system. I have not discussed normal way after 30 years but, under section 8 of the matter with either the Minister or the the relevant legislation, the Minister for Justice, Attorney General. I am not aware of the legal Equality and Law Reform, may transfer them complexities. Perhaps the Deputy’s suggestion is earlier than that to the National Archives which a way around it but the best course of action for is directly within the responsibility of the me is to consult with the Attorney General and Taoiseach. We are talking about documents that the Minister for Justice, Equality and Law are now inaccessible for, perhaps, arcane reasons Reform. which can be transferred to a place where they may be accessed and be beneficial to the efforts Mr. Sargent: Will the Taoiseach explain why of the Omagh families to prosecute the civil the Government, and he as Taoiseach, is refusing actions concerned. to grasp the opportunity to save and create jobs in Carlow and other places around the country The Taoiseach: The issue of the transfer of the affected by the closure of the Carlow sugar fac- documents has not been brought to my attention tory? Why is he refusing to realise the potential within the Administration. There was no question of the biofuels sector? Does he understand why of the Government being asked for these papers so many people such as farmers and economists or of my involvement in these issues. It is totally are quite baffled at the Government’s failure to a matter for the courts but I understand the point seize the opportunity? This is an opportunity the Deputy is making that they cannot deal with which is available to turn around a decline in agri- this issue but if they had these papers they could culture as well as helping the lives of thousands be of assistance to them. The only way I could of people affected by the Greencore decision. It look at that issue would be to take legal advice. could help reduce dependence on fossil fuels. The To date and in the process of the case no request country spends \100 million a week on fuel has been made to me even though I deal regularly imports. It could reduce greenhouse gas emis- with the families and the different groups related sions and improve the balance of payments. The to Omagh. In this case no request has been made country is currently paying approximately \35 and we would have to take legal advice on million a year on carbon credits. whether those papers can be made available, or Is the Taoiseach aware of the EU directives made available in the way the Deputy has stated since May 2003 which require Ireland to have a by putting them into the archives early, under minimum of 2% of transport fuel sourced from section 8 of the 1975 Act. I have not discussed biofuel by this year and 5.75% by 2010? Is he this issue with the Attorney General. Given that aware that other member states have worked and the Deputy has raised the issue I will check the achieved considerable progress? Finland has legal position. granted a 100% exemption from CO2 tax to biofuel as has the Czech Republic on its use as motor Mr. Rabbitte: I do not want to press the fuel. Austria also operates a tax exemption for Taoiseach further on this issue. It is a critically biofuels as has the UK with a 20% exemption per important matter for the Omagh families con- litre. Germany offers a full exemption on biofuels cerned who have not merely endured such an from 1 January, and there are also such exemp- 627 Leaders’ 9 February 2005. Questions 628

[Mr. Sargent.] the European Commission to do something about tions in France and Italy. Why is Ireland dragging it while other countries have managed to garner its feet on this matter? huge—— In the words of the Government backbencher, Deputy Fiona O’Malley, Ireland is currently Mr. O’Dea: There is a precedent. stuck at zero. This is an appalling indictment of the failure to realise a potential. We are not even Mr. N. Dempsey: The Deputy cannot have it asking for what was originally proposed but sim- both ways. ply that best practice be followed. I note that today the Minister for Agriculture and Food is Mr. Sargent: It seems the Minister for Defence meeting the IFA president to discuss the Carlow is suddenly some kind of expert. sugar factory. Will the Taoiseach indicate that the Government has a plan for the biofuel sector? An Ceann Comhairle: Allow Deputy Sargent The Finance Bill makes no provisions in this without interruption. regard. Will the Taoiseach at least say the Fin- ance Bill will be amended to allow Ireland catch Mr. Sargent: I suggest he talks to his Taoiseach up on other countries which are streets ahead of if he is interested in the procedure because other us in this area? countries have followed the procedure and have managed to win out and achieve considerable The Taoiseach: It was provided for in last employment potential. year’s Finance Bill. Mr. O’Dea: The other countries got Mr. Sargent: Nothing happened. permission.

Mr. Boyle: It has not been implemented. Mr. Sargent: People are asking why this Government is so much more loyal to the oil An Ceann Comhairle: Allow the Taoiseach sheikhs of OPEC than it is to the farmers strugg- without interruption. ling in this country when the potential of the oil fields of Ireland — which is effectively what is The Taoiseach: The provisions are in last year’s under discussion — are not being realised. In the Finance Act so it is not necessary to include them interests of farmers, factory workers, motorists in this year’s Bill. For some time the Government and every taxpayer, will the Taoiseach give this has been in discussions with the European Union matter the priority it has not received and on the State-aid issue and the methods which we develop the sector, as has been done by other can use to input resources. The Minister informs law-abiding countries which have followed pro- me that those discussions are ongoing and it is cedure? There needs to be movement from the hoped they will be completed. The Minister of Government on this issue. It needs to stop think- State at the Department of Agriculture and Food, ing about the stallion tax and start thinking about Deputy Browne and the Minister for Communi- exemption on biofuels. cations, Marine and Natural Resources, Deputy Noel Dempsey, are preparing a package which is Mr. O’Dea: The old tax shelters. under discussion with the Department of Finance. The question whether this plan can be The Taoiseach: As the Deputy is familiar with implemented is based on the State-aid issue. If the situation in the other countries he will be this issue is resolved positively, the Ministers have aware they have gone through precisely the the plan ready to present to the Department of same procedure. Finance. The Government is in a position to move on this issue but we must first await the Mr. Boyle: It did not take them a whole year. resolution of the question of the ability of the State to put in resources. Mr. M. Ahern: Has the Deputy any evidence of that? Mr. Sargent: I am baffled why the Taoiseach regards Ireland as being so much in the doghouse An Ceann Comhairle: I remind Deputies it is with the European Commission. Finland, the Leaders’ Questions. Czech Republic, Austria, the UK, Germany, France and Italy can all move ahead whereas Mr. F. McGrath: They are all looking for evi- Ireland is waiting patiently. There is more energy dence now. and interest from this Government in the stallion tax than in the livelihoods of people who are The Taoiseach: It is a question of approval for affected by an economic downturn in agriculture. State aid. It is an EU State-aid issue. This process I ask the Taoiseach to give this matter his full must be followed before the Government can attention. There is catching up to be done. There invest resources. The other countries have fol- is no quota for biofuel. The Carlow sugar factory lowed this process and Ireland is in the process is processing 660,000 tonnes per annum. Those of doing it. Both the Department of Agriculture farmers are looking at a very bleak future while and Food and the Department of Communi- the Taoiseach talks about waiting in the wings for cations, Marine and Natural Resources have a 629 Ceisteanna — 9 February 2005. Questions 630 plan. The power to implement it is contained in The Taoiseach: I propose to take Questions the Finance Act and it is a question of obtaining Nos. 1 to 9, inclusive, together. State-aid approval. Other countries have been Social partnership has been of enormous bene- given approval but the Government cannot profit to Ireland both socially and economically. ceed without that approval. Otherwise I would be Since the programme for national recovery in answering questions in this House on the reasons 1987, the stability it provides has allowed for Ireland was before the European Court of Justice record levels of growth and enhanced social for its failure to follow procedure, which is an inclusion. In recent times of more moderate issue that is raised regularly. The Minister for growth, the processes of social partnership have Communications, Marine and Natural Resources helped maintain competitiveness and a pro-jobs has already stated that the Government is com- environment while enhancing a co-ordinated and mitted to the implementation of the plan in this comprehensive approach to inclusiveness issues. area. I assure the House that I am committed to the implementation of Sustaining Progress which is Mr. Boyle: The stallion tax will be before that. operative to the end of 2005 and to the development of further national agreements in future. Ceisteanna — Questions. I attended a meeting of the social partners in Government Buildings on 13 December 2004, to ———— mark the publication of two important reports, the second progress report on the implemen- Social Partnership Agreement. tation of the affordable housing initiative, by Mr. Des Geraghty, former president of SIPTU and 1. Mr. Boyle asked the Taoiseach the measures the social trends report, Women and Men in which will be put in place at the expiration of the Ireland, 2004 by the Central Statistics Office. current Sustaining Progress partnership agree- Copies of both reports have been laid before the ment to ensure that community and voluntary Houses of the Oireachtas. sector representation in this process will be The next quarterly plenary meeting of the strengthened and increased. [33287/04] social partners is set to take place on 18 February. 2. Mr. Kenny asked the Taoiseach when he While the agenda remains to be finalised, a pres- next expects to meet with the social partners; and entation by my Department on the EU Com- if he will make a statement on the matter. mission’s response to the second Wim Kok report [33292/04] and to national inputs will be a key feature. For- mal meetings such as these complement the meet- 3. Mr. Rabbitte asked the Taoiseach when the ings which I hold with representatives of the next quarterly meeting of the social partners social partners on a regular basis. I will continue under the Sustaining Progress agreement will be held; the details of the likely agenda; and if he to meet with the social partners regularly and as will make a statement on the matter. [34260/04] required over the remainder of the lifetime of Sustaining Progress. 4. Mr. Rabbitte asked the Taoiseach his views As Deputies will be aware, the membership of on whether there should be another national the community and voluntary pillar of social part- agreement when the terms of Sustaining Progress nership was expanded following ratification of expire; and if he will make a statement on the Sustaining Progress. The pillar now matter. [34261/04] 11 o’clock has 15 member organisations which 5. Mr. Sargent asked the Taoiseach when he have endorsed Sustaining Progress, will next meet with the social partners; and if he six on an individual basis and nine organisations will make a statement on the matter. [34613/04] in the strands of older people, disability, housing, children, rural, local, voluntary and care.The 6. Caoimhghı´nO´ Caola´in asked the Taoiseach membership of the pillar changed both as a result when he will next meet the parties to the Sustain- of the review of participation in social partnering Progress agreement; the priorities for the ship, which included an examination of ways in meeting; and if he will make a statement on the which to maximise the potential contribution of matter. [1387/05] the community and voluntary pillar, and the 7. Mr. J. Higgins asked the Taoiseach if he will decision of two organisations not to accept Sus- report on his recent contacts with the social part- taining Progress. ners; and if he will make a statement on the In regard to the community and voluntary matter. [1469/05] organisations which have not ratified Sustaining Progress, Departments were advised that they 8. Mr. J. Higgins asked the Taoiseach when he should continue to be consulted in areas in which next expects to meet with the social partners; and their expertise or that of their constituent if he will make a statement on the matter. members would be relevant to the policy-making [1470/05] and implementation process. The organisations in 9. Mr. Sargent asked the Taoiseach the details question have, on occasion, been invited to par- of the likely agenda for his next meeting with the ticipate on particular committees or working social partners; and if he will make a statement groups in light of their particular expertise. This on the matter. [3560/05] is determined by the nature of the task or issue 631 Ceisteanna — 9 February 2005. Questions 632

[The Taoiseach.] back in again and this has happened in many in question and is primarily a matter for each areas. It is a matter for them and how they judge Department. the report. Any further applications for membership of the From a Government point of view, I like the community and voluntary pillar will be con- process to be as inclusive as possible because it is sidered in consultation with that pillar and in the far better from an administrative point of view to context of future negotiations on a successor have one process than individual processes. That agreement. is a matter for the individual groups. From dealing with the community and volun- Mr. Boyle: Does the Taoiseach accept that the tary pillar, it is my view that it is far more rep- community and voluntary pillar is far from fully resentative and stronger this time than it has ever representative and that the change he mentioned, been because the groups have a broad range of which took place at the end of the previous agree- people. I have not seen it as strong over the years ment, the Programme for Prosperity and Fair- as in Sustaining Progress. ness, resulted in the exclusion of significant actors from future deliberations in the social partnership Mr. Boyle: Will the Taoiseach answer my ques- process? These include the community platform, tion on environmental NGOs? which consists of organisations such as the Com- munity Workers Co-operative, the Irish Travel- The Taoiseach: Again, on that issue the lers Movement, and the National Women’s environmental groups have traditionally come in Council, a significant actor in its own right. Is it under sustainability issues. Deputy Sargent raised Government policy to extend its punitive this issue before and, as I understand it, some of approach to the community and voluntary sector the groups are making or are about to make to the granting of funding to such bodies, as applications to come in in the next round. decisions made by other Departments appear to indicate? Will NGOs receive funding on the basis Mr. Sargent: Will the Taoiseach favour their of whether they criticise Government policy? applications? To what extent are environmental NGOs adequately represented in the community and The Taoiseach: Yes, I would rather the process voluntary pillar, given that they do not appear to to be inclusive because it makes it easier for the be represented at all? While the addition of system in engaging with them. groups representing older people and people with disabilities is welcome, what plans, if any, has the Mr. J. Higgins: An important element of Sus- Government to ensure the community and volun- taining Progress is its commitments on transport, tary pillar will be treated in exactly the same way which have major implications for workers in as the other pillars when Sustaining Progress is, I terms of accessing work and their living con- hope, replaced by another agreement? If IBEC, ditions generally. When the Taoiseach was in ICTU or the IFA were to disagree with the event- Adamstown the day before yesterday disguised ual agreement, the organisation in question as a construction worker and giving commitments would not be excluded from future partnership that the new town would have all the elements of talks. transport infrastructure put in place——

The Taoiseach: The community and voluntary An Ceann Comhairle: We are dealing with pillar is larger now than it was but some groups Questions Nos. 1 to 9 on the Order Paper. are not involved. Some years ago, for example, Mr. J. Higgins: Yes. the ICMSA did not approve the programme and left the process. On another occasion, the IFA An Ceann Comhairle: The Deputy’s question pulled out for a period. In social partnership the is not related to them. people on the group are obviously the people who sign up for the agreement. If one does not Mr. J. Higgins: My questions relate to Sustain- sign up, one is automatically not part of it. One ing Progress. cannot have it both ways. There is no linkage in funding. People make An Ceann Comhairle: The Deputy’s questions, their funding applications to the Departments Nos. 2 and 7, relate to—— and there is no relationship to social partnership. As I stated, many of the groups which opted not Mr. J. Higgins: I will bring the matter to a point to participate in social partnership continue to quickly. I live in a town of 100,000 people, which participate with Government, Departments and has massive transport problems. A recent report agencies in different working groups. indicated that reopening the old rail line to Dun- As regards the Deputy’s question on the next boyne is a viable proposition. Will the Govern- programme, a review is held at the end of each ment invest in the line as part of Sustaining programme with the individual pillar about new Progress? members and changing members. This will take place in the second half of this year. People who An Ceann Comhairle: Specific questions were not in the process previously may come should be directed to the Minister responsible. 633 Ceisteanna — 9 February 2005. Questions 634

Mr. J. Higgins: I will do that but my question An Ceann Comhairle: Detailed questions are is put in the general context of the importance of more appropriate to the line Minister. transport in Sustaining Progress. Mr. Kenny: As the Ceann Comhairle will The Taoiseach: Sustaining Progress is not really agree, all three questions are relevant. about transport. On the general issue, I have to comply with the Act I introduced in 1989 on The Taoiseach: In regard to consumers, safety at work, which requires one to wear pro- Deputy Kenny has made this point before and I tective gear on sites. It is good practice to do so. do not disagree with it. Social partnership is based around all the organisations. They do not Mr. J. Higgins: The Taoiseach may have incin- have a particular consumer role but, as the erated material on his forehead but he is not Deputy knows, under Sustaining Progress and the wearing sackcloth. last agreement, the social partners worked together collectively on inflationary issues and The Taoiseach: My suit could be sackcloth. inflationary trends. Therefore, indirectly they help to try to keep the interests of their members, Mr. J. Higgins: In that case, he is wearing which are the interests of the consumers, to the expensive sackcloth. fore. While they are not consumer organisations, they take a general interest in this. The Taoiseach: It does not look as good as the On the racism programme, as I said yesterday, Deputy’s suit. the national plan has been published. It provides strategic direction to combat racism and to Mr. J. Higgins: Appearances can be deceptive. develop a more inclusive intercultural society. That is set out in the plan. The strategic monitor- The Taoiseach: At least the Deputy’s tie, with ing group has been established to oversee the its Dublin county colour, is the right colour. He implementation of the plan. Elections will also be is moving away from the Kerry people. covered so that there are no racism elements. As An Ceann Comhairle: We have gone well the Deputy will know, at the last election we all beyond Questions Nos. 1 to 9. signed up to a code on this issue. That is now part of the plan and the chairperson of the implemen- Mr. Kenny: Deputy Higgins is all right. tation group will bring it forward. I presume the group will issue, where necessary, guidelines and The Taoiseach: He is. Generally, we examine practices which we must follow, although that is any improvements we can make in the transport already happening in respect of elections. We area, including the particular transport issue the signed up to a code at the last election but I do Deputy mentioned, namely, the improvement of not know whether we need to sign up again some of the line closed since 1961 in the area he because we signed it as political parties. However, mentioned. I understand the strategic rail review we should put into practice what we have done. did not look at the whole line but a section from On education, the Government continues to Clonsilla to Dunboyne. I believe it is supportive make progress on class size. However, I think of opening it and the issue is being examined. Deputy Kenny knows that often the problem is not class size. In some inner city and poorer Mr. Kenny: Social partnership seems to be areas, the issue is not class size as they are quite drowning in cotton wool. Is the Taoiseach satis- low. For example, in my area of the inner city, fied that the current social partnership structure class sizes are very low but that still does not is capable of dealing with our economic prob- prevent drop outs. While child poverty has lems, given that it is a producer-led as distinct decreased and consistent poverty has dropped from a consumer-led forum? from somewhere in the region of 15% to 6%, The national action plan against racism made a recent reports show the areas we must target. All specific recommendation that funding would be of the resources must be put into those areas. put in place for a system to prevent racist remarks The Minister for Education and Science has the and so forth during elections. How will this apply figures but what is being done for those who drop in the forthcoming by-elections which must be out is good. Home liaison teachers work in con- held at some point? junction with the school and visit families. They In respect of educational disadvantage, the are addressing the underlying causes of why chil- number of young people who are not moving dren drop out and are consulting the families. from primary to secondary education is increas- That is one of the best things. Children drop out ing by approximately 1,000 per annum. How will of school but there is always a reason. The home social partnership be able to cater for this given liaison teachers are working very effectively and the U-turn on the reduction in class sizes? Will the families are being consulted. the Government be able to meet its commitments There are other issues too — there is no point in dealing with child poverty and early school denying it. There are issues in respect of pre- leaving made in Sustaining Progress, given that school, after school and school meals. I saw sur- zero progress has been made in coping with the veys last year in regard to schools providing number of early school leavers? breakfast and how that got children to go to 635 Ceisteanna — 9 February 2005. Questions 636

[The Taoiseach.] Mr. Rabbitte: You do Sir, and I know how school. There are real problems in some areas. If repressive that can be. Will funding be reinstated there are family problems, they must be to the CWC? addressed. I said to the Minister that is where we should The Taoiseach: Which organisation? target resources. Everyone cannot say they are disadvantaged, as tends to happen in the system. Mr. Rabbitte: The Community Workers Co- We must focus on the areas where there is real operative. disadvantage. I accept there is real disadvantage, as has been shown in the recent National Econ- The Taoiseach: I do not know why funding was omic and Social Council report and the report on withdrawn, to be quite frank. As I said earlier to living conditions. We must target resources. Deputy Boyle, there is no relationship between The social partners should not ask us to have who is involved in the pillars and the Depart- the same rules in all areas. If we are to make a ments which provide grants. My Department real impact on areas with difficulties, we should makes no effort to stop funding. In fact, we con- not be asked to have the same guidelines in the tinue to operate alongside organisations which poorest places, whether rural or urban, although pulled out and did not agree to Sustaining Pro- they tend to be mainly urban. We must put the gress in other fora and committees. The Minister, resources into these areas and should not say that Deputy O´ Cuı´v, and the Minister of State, if we do so in one area, we must do so in all areas. Deputy Noel Ahern, have been reviewing com- I do not think that is a sustainable argument. munity grants in many areas but the amount of money is increasing, not decreasing. I do not Mr. Rabbitte: In regard to Question No. 1 and know why the Community Workers Co-operative the community pillar, I put it to the Taoiseach did not get grants. that it was a vindictive decision to excise the Community Workers Co-operative. What criteria Mr. Rabbitte: Perhaps the Taoiseach would be did the Minister, Deputy O´ Cuı´v, use to deprive good enough to try to establish the answer. I do it of funding for the first time since 1993 and slice not say this lightly but it seems to have been a it out of the action? I have heard no explanation vindictive decision by the line Minister. and it has arisen on Question Time. On the future of social partnership, is the Taoiseach concerned about the manner of An Ceann Comhairle: That is really a question decision making in some employments recently for the line Minister. but, most disturbingly in the former State company, Irish Sugar, now Greencore? The Carlow Mr. Rabbitte: It may be but, as the Ceann factory was closed without any the consultation, Comhairle knows, the line Minister does not even that required by EU directive, with the answer in a language any of us understand. Ques- trade unions or the representatives of the workers tion No. 1 is pretty clear in terms of community concerned. The Minister for Agriculture and and voluntary sector representation. Why should Food is on record denying she discussed the issue an organisation, albeit occasionally critical of the with Greencore when she met it shortly before Government, which has being doing such pro- the closure. I am sure the Minister is telling the ductive work in the anti-poverty area be cut off truth but it beggars belief that Greencore met the from funding for the first time since 1993? Minister for Agriculture and Food just before it was to announce the closure of the plant and did An Ceann Comhairle: That does not arise. not tell her. Even the first question refers specifically to representation and the Sustaining Progress partner- An Ceann Comhairle: That is a question for ship agreement. Funding is a matter entirely for the line Minister. the Minister. Mr. Rabbitte: It goes to the heart of social Mr. Rabbitte: This involves representation in partnership. the most practical and pragmatic sense. The Ceann Comhairle and I have had this discussion An Ceann Comhairle: It may well but, under before. If he had his way he would not let us ask Standing Orders, it is still a question for the line anything and would only let us read out the Minister. question. Mr. Rabbitte: No. The Taoiseach leads the An Ceann Comhairle: That is not correct, and talks on social partnership and these nine the Deputy knows it. parliamentary questions relate to that in one fashion or another. Does the Taoiseach deplore Mr. Rabbitte: I take it back then — it is not the fact there was no consultation with the trade correct. unions? He is as familiar with EU directives on communication, consultation and so on as I am. An Ceann Comhairle: The reality is that the Chair must live within Standing Orders, the same The Taoiseach: I certainly will not defend the as everyone else. position. The consultation process is clear. When 637 Ceisteanna — 9 February 2005. Questions 638 companies are making strategic decisions — ficient action to address the requirements of it? neither I nor Deputy Rabbitte are questioning What is the latest estimate in this regard? Figures their decisions, which they have right to make — of \35 million, \50 million and \200 million a they should follow the directive and normal good year in terms of carbon credits have been men- industrial relations practice. In fairness to the tioned. Have the social partners discussed this trade union movement in this country, it is not and are they taking into account that payment in unreasonable in that it understands companies the overall plans? must make strategic decisions but they should consult it. The Minister informed me that the The Taoiseach: The Kyoto Protocol is not on company did not raise the issue earlier in the aut- the agenda for social partnership. umn when dealing with the sugar quota issue. State companies, former State companies and Mr. Sargent: I understood it was. other companies should enter into these discussions as early as possible because if that is not The Taoiseach: If the Deputy tables a question done, it leads to industrial relations difficulties. for the Minister he will receive the latest infor- We should always try to follow best practice. I am mation on the issue, which was recently before sure I will find an appropriate time to say that the Cabinet. directly to the company. Regarding the Carlow sugar factory, the Mini- ster is dealing with a committee of the House Mr. Rabbitte: Does the Taoiseach agree this is today and will provide information on that a reasonable proposition? Will he ask the Mini- matter. ster to intervene on the basis that the IFA has requested that the plant be kept open for a year Mr. Sargent: I take it the issue is not on the while we have time to discuss the issue of quotas agenda. and so on? The Taoiseach: On affordable housing, the An Ceann Comhairle: Deputy Rabbitte’s ques- total potential yield of housing units under the tion should be addressed to the line Minister. affordable housing initiative is over 10,000. This is positive as it represents a greater figure than Mr. Rabbitte: It would be helpful—— that originally set out. There is now an injection An Ceann Comhairle: I appreciate it would be of extra State resources for the purpose of mov- helpful but the Deputy has other ways of raising ing the scheme on as quickly as we can. Mr. Des his question. Geraghty has issued his second report which has been helpful in this endeavour. The mortgage Mr. Rabbitte: ——if the Taoiseach would indi- market has been opened up. Bank of Ireland has cate that this might be a reasonable route. already made an announcement in this regard and other institutions will follow. This will help An Ceann Comhairle: If I allow the Deputy to first-time buyers by minimising the amount of the put this question to the Taoiseach, every Deputy deposit required, which was one of the dif- will want to raise issues that are the responsibility ficulties. of Ministers. Public investment in the affordable housing scheme will now be supported by legislation giv- The Taoiseach: I wish to respond briefly to ing effect to a claw-back arrangement designed Deputy Rabbitte’s question. The Minister met to prevent profiteering and facilitating direct sale. representatives of Greencore yesterday. She will The issue now is to move ahead and get the also meet the IFA and will discuss the issue with houses built. The planning process for a number an Oireachtas committee today. of developments has begun. Those at Finglas Road, Flemington in Balbriggan, Blessington, St. Mr. Sargent: My question relates to the likely James’s Road, Infirmary Road and Brickens are agenda for the next meeting with the social part- at an advanced stage in the procurement process ners. It is in order to ask whether the Carlow and will start this year. sugar factory and the funding of the Community We are also considering the possibility of land Workers Co-operative will be on that agenda. swaps because an issue we are encountering is These are issues which are pertinent to the social that a number of housing units are available in partnership process. the private sector. Advertisements have been A bugbear we have regularly raised in this placed for the Harcourt Street site, which is the House is the non-delivery of the promised most advanced. The developer or builder will get 100,000 additional affordable houses. How do that site in return for a specific number of com- matters stand in this regard and will it be on the pleted houses, which will be assigned to desig- agenda in any developed form? nated people through the local authority system. I Given that next week, on 16 February, the have been encouraging this imaginative approach Kyoto Protocol comes into effect, has it been which avoids the delay necessitated by the plan- explained to the social partners the degree to ning process and so on. which the Government will be using taxpayers’ By this means, instead of undergoing a process money to compensate for not having taken suf- which generally takes a number of years, we can 639 Ceisteanna — 9 February 2005. Questions 640

[The Taoiseach.] Does the Taoiseach recognise that the exploi- obtain units that are already built. The land is tation of immigrant workers is absolutely objec- then transferred to the builder in exchange and tionable in its own right and also undermines—— he or she then takes responsibility for the planning process in regard to private dwellings to be An Ceann Comhairle: The Deputy may constructed on that land. In this way, the units go address general questions to the Taoiseach but straight to the people. Proper procedures and detailed questions should be put to the line rules must be adhered to, but it is the fast way of Minister. dealing with this. Mr. Geraghty’s third report will monitor the CaoimhghıńO´ Caolaín: ——the hard-won effectiveness of the delivery mechanism structure terms of Irish workers, achieved through many employed by the local authorities and the alterna- years of campaigning, struggling and great tive fast-tracking strategies and communications hardship? strategies applied both centrally and within each local authority area. He is also engaged with the An Ceann Comhairle: Deputy O´ Caolaín is relevant bodies in regard to other direct costs making a statement. incurred by affordable housing applicants, such as conveyance costs. The delivery of units through CaoimhghıńO´ Caolaín: No, I am asking the the planning and construction process takes time Taoiseach’s opinion on the issues I have raised and may encounter difficulties. The contact group and will be grateful for his reply. which is overseeing the initiative has been exam- Finally, will the Taoiseach tell us the exact ining alternative strategies that can be used to status of progress in regard to the package of expedite the delivery of units. I have mentioned 10,000 affordable houses, as agreed under Sus- one of these but other approaches are under containing Progress? How many have been com- sideration. pleted and how many, if any, are occupied? I I understand all local authorities which have know there are some but I hope the Taoiseach sites under this initiative are examining them to has some further statistics. determine the feasibility of their use as land-swap options. Hopefully this will speed up the process The Taoiseach: Some 500 affordable housing as against undergoing the lengthy and sometimes units have been completed and a further 1,500 painful ways of dealing with these issues. completions will be achieved this year. The land is available, initiatives are under way and local CaoimhghıńO´ Caolaín: Will the proposed authorities are working with the contact group increase in the national minimum wage form part and the implementation group. Des Geraghty’s of the Taoiseach’s discussions with the social second report and the efforts of the entire system partners? What is his view on the recommend- are focused on moving as quickly as possible, hav- ation of the Labour Court for an increase from ing identified the sites, whether they are land \7 per hour to \7.65? Does he agree that for swaps or other initiatives. It is up and running many on the minimum wage this increase is and hopefully it will be delivered as quickly as clearly inadequate in terms of what they must possible. I have mentioned the legislation to help strive to cater to in today’s—— the scheme and make the finances available. On the minimum wage, as part of the process An Ceann Comhairle: Detailed questions the Labour Court makes the call. We now have should be put to the line Minister. by far the highest minimum wage in Europe. We also have the lowest tax on low-paid workers any- CaoimhghıńO´ Caolaín: My question relates to where. The combination of those factors signifi- Sustaining Progress and whether this issue will be cantly helps low-paid people and we need to stay addressed by the Taoiseach. He can simply in favour of those initiatives, which are good. answer “yes” or “no” and give an opinion if he As regards immigrant workers, yesterday dur- chooses. ing Leaders’ Questions I answered this question. Will the plight of immigrant workers be It is an important issue. The social partners have addressed in the Taoiseach’s engagement with addressed it and obviously will continue to do so the social partners? We have all had represen- if there are abuses. Labour law applies to every- tations on behalf of immigrant workers and are body and everybody must be protected. aware of the worker whose situation was high- Obviously, the potential for abuses exists. We lighted on RTE last week. His case is but the tip have a high minimum wage in contrast to the of the iceberg. Will the Taoiseach put the issue of average wage in other countries, even in EU the plight of immigrant workers high on his member states. A recent newspaper report high- agenda for those talks? Will he agree with lighted that our minimum wage is \7.50 or \7.60, employers and unions a new system whereby whereas one country had an average wage of less work permits are issued to the worker rather than than \3. It is possible to see the reasons why the employer, thereby affording workers such as people will try to exploit these matters. I said yes- the man featured on RTE the opportunity of terday and repeat today that I accept that our movement within their employment sector? This labour inspectorate must be very vigilant on these is an important measure. issues. With the social partners we must ensure 641 Ceisteanna — 9 February 2005. Questions 642 abuses do not occur. People should not try to find control the finances and have low pay agreements scams to bring people here and then abuse them. in return for reducing taxes and trying to stabilise On the issue of permits, I am not certain where the economy. Every agreement in the 18 years this matter lies at the moment. I understand from has been different in nature and each time we a briefing I got prior to Christmas that the issue look at new challenges. This year a broad range of moving towards the individual holding the per- of issues were covered under the special initiat- mit is fairly well advanced, which should address ives, including tackling education disadvantage, the issue. It also has the benefit of allowing tackling child poverty, looking at issues on the people to change workplace and not be trapped, social agenda, migration, interculturalism and try- as has been the case for a long time, especially ing to deal with waste and housing issues. All considering the danger associated with them these issues became special initiatives under being outside the country. This will be a signifi- social partnership, in which the social partners cant move. While I am not sure whether this could have a view, make an input and influence change requires legislation, it is certainly being change. examined. Of course, social partnership does not eliminate industrial issues. All companies need to CaoimhghıńO´ Caolaín: I look forward to its undergo a process of change. Managements are early implementation. looking for new flexibility and new ways of doing things. Technology moves on apace. These all Mr. Kenny: What does the Taoiseach envisage bring their own friction. In organisations like An as the future for Sustaining Progress and social Post, where the figures are unfavourable, these partnership? In 1987 when the Programme for issues need to be addressed. At least social part- National Recovery was introduced its aims were nership gives a process for dealing with these fairly simple, namely industrial peace and job issues. The benefit is that the country loses very creation traded for tax reform and wages. It has few days due to strikes. The past few years have now become a much-expanded series of docu- been very good in terms of industrial unrest and ments. For instance one of the key principles, disputes. While they happen, at least in many referred to in an article in The Irish Times this cases they are resolved. week, precludes: New challenges lie in the future. Obviously there are issues relating to competition, infra- strikes or other forms of industrial action by structure and higher educational standards, in trade unions, employees or employers in addition to issues relating to pay, sustainability of respect of any matters covered by this agree- employment, continuing to generate new employment, where the employer or trade union con- ment and, in particular, holding on to what we cerned is acting in accordance with the pro- have, which is almost full employment. These visions of this agreement. issues are hugely important. When we can, we Another key principle was as follows: look at what we can do on taxation, welfare and health, as we did in the budget for 2005, while It is accepted that the rapid pace of change taking into account the issues for workers. All in the business environment demands ongoing these matters are included and I have no doubt adaptation and the parties are committed to new issues will arise in the discussions. full co-operation with normal ongoing change In terms of timing, as always, the Minister for and the need for continued adaptation and Finance and I will take the lead in these dis- flexibility. cussions later in the year. In the second half of This year we have had a series of threatened the year we will put our minds to considering the strikes, which would lead to the disruption of basis for social partnership. Obviously, we will power supplies, postal services and air transport. also deal with the issues relating small employers, It seems those issues would have been covered farmers and major employers. All these issues under the social agreement. Minimum wages, pay will need to be taken into the mix. increases and ESOTs have all come about as a consequence of social partnership. Everybody Departmental Staff. across the political spectrum accepts these have 10. Mr. Kenny asked the Taoiseach the pro- been very beneficial in the national interest. jected costs in 2005 of the communications unit When will the next round start? Where does the in his Department; and if he will make a state- Taoiseach see this process heading? When ment on the matter. [34097/04] matters such as social housing and others are included in the social partnership agreements, The Taoiseach: The projected total cost of the does it not mean the documents pertaining to the communications unit for 2005 is \319,934. Some agreements can often become so convoluted and \129,250 is a direct cost to my Department with woolly that they become meaningless? How will on average \38,137 being borne by the five other it evolve in the future? Departments, which have staff seconded to the unit. The cost for the unit in 2004 was \300,277. The Taoiseach: The Deputy is right. The first The unit provides a media information service agreement was fairly simple as it tried to recover to Ministers and their Departments. It furnishes the country from seven years of negative growth, news updates and transcripts, which ensure that 643 Order of 9 February 2005. Business 644

[The Taoiseach.] in the 1916 uprising against the British occupation Departments are kept informed in a fast and of our country on the 90th anniversary of that efficient manner of any relevant news devel- uprising next year and to honour in a suitable opments. In this way, Departments are able to manner the male and female IRA volunteers who provide a better service to the public. Staff in the heroically participated in the War of Inde- communications unit work an 18-hour day based pendence. on a flexible rota of three working shifts. The unit is staffed by six established civil servants, five of Mr. Connolly: I propose the adjournment of whom are seconded from other Departments. the Daíl under Standing Order 31 to discuss a The work of the unit means that Departments matter of urgent public and national concern, have greatly reduced their use of external com- namely, the funding crisis that has existed at St. panies and ensure they no longer duplicate work John of God’s north-east services at St. Mary’s in such as transcripts and tapes. The communi- Drumcar, Dunleer, County Louth for many years, cations unit is estimated to save Departments in particularly since 2000, which has been exacer- excess of \200,000 per annum. bated by serious under-staffing and financial cut- backs which have threatened respite care prog- Mr. Kenny: I note a reduction in the number rammes from 28 February next, the filling of of PR people available to Departments in recent current and future vacancies at St. Mary’s and the days. In 1999 the Office of the Information Com- provision of the entire range of services to the missioner upheld a refusal by the Department of community. the Taoiseach to release some records sought under the Freedom of Information Act. In mak- Mr. Neville: I propose the adjournment of the ing that finding the commissioner said the Daíl under Standing Order 31 to discuss a matter requested records were created by the communi- of urgent importance, namely, the report of the cations unit for the Taoiseach in his capacity as a review of the Ruddle panel, which examined the member of a political party and not in his role as death of Ro´ isıń Ruddle on 1 July 2003 at Our head of Government. He found that the records Lady’s Hospital for Sick Children in Crumlin, and were partly political in nature and were con- the need to introduce, as a matter of urgency, the cerned with the public’s perception of members improvement plan that was outlined for the chil- of the Government in their party political roles. dren’s hospital in Crumlin. If that is the case in respect of some elements of what is produced in the communications unit, An Ceann Comhairle: Having considered the how can the Taoiseach justify the use of public matters raised, I do not consider them to be in servants, who are paid from the public purse, to order under Standing Order 31. do work that the information commissioner deems to be partly political and to be relevant to Order of Business. the Taoiseach as a member of a political party, as The Taoiseach: It is proposed to take No. 4, distinct from the Head of Government? Perhaps Finance Bill 2005 — Second Stage (resumed); and the Taoiseach would like to comment on that. No. 1, Garda Sıóchańa Bill 2004 [Seanad]— Second Stage. It is proposed, notwithstanding The Taoiseach: Deputy Kenny is correct to anything in Standing Orders, that the proceedings state that a ruling was made at that time based on No. 4 shall, if not previously concluded, be on a report that had been given to me at that brought to a conclusion at 7 p.m. Private stage. The document had been prepared by an Members’ business shall be No. 40, motion re advisor. When that person left, we immediately Northern Ireland (resumed), to be taken at 7 ceased the presentation of the report in that form, p.m., or on the conclusion of No. 4, whichever is on the ruling of the then information com- the later, and to be brought to a conclusion after missioner. We ceased the use of the person who 90 minutes. was there and we did not fill the individual post at that stage. We took corrective action based on An Ceann Comhairle: There are two proposals the report and never produced reports again. to be put to the House. Is the proposal for dealing That was the right decision to make. with No. 4, the conclusion of Second Stage of the Finance Bill 2005, agreed? Requests to move Adjournment of Daíl under ´ Standing Order 31. CaoimhghıńOCaolaín: It is not agreed. An Ceann Comhairle: Before coming to the Mr. Sargent: The Finance Bill is a considerable Order of Business, I propose to deal with a body of work. It should not be curtailed in this number of notices under Standing Order 31. fashion, in fairness to those who prepared it and considering the needs it is supposed to address. I Mr. Morgan: I propose the adjournment of the asked earlier that several issues, such as the bio- Daíl under Standing Order 31 to raise a matter fuels sector, be given far more consideration. I of public concern, namely, the need for this hope a more extensive debate will help the House to discuss how best to commemorate the Government to introduce more informed and rel- male and female freedom fighters who took part evant amendments on Committee Stage. Such 645 Order of 9 February 2005. Business 646 amendments are not in the Bill as it stands and it lation of such critical importance. The Govern- does not look like the Government is prepared to ment should have provided for an open-ended introduce them. We need more discussion on the debate. The Whips could have gauged how much Bill to tease out the matters it is not addressing time was required, but they did not do so. A at present. guillotine is being imposed on the legislation on Second Stage, in effect, and it is likely that it will CaoimhghıńO´ Caolaín: While I appreciate that be repeated on further Stages. I strongly object a certain amount of time has been provided to to that because this Bill is of huge importance. All debate this important legislation last evening and Members should have the chance to participate in this evening, the imposition of a guillotine is an the debate. I know all the Sinn Feín Members will unacceptable mechanism. The Finance Bill is not be able to do so because of the time restric- introduced every year to implement the budget tions being proposed. proposals — this Bill relates to budget 2005. I cannot predict how much additional time will be Mr. Cowen: It was not even raised at the required to debate the Bill after 7 p.m. I do not Whips’ meeting. think the debate on the Bill should be brought to an end in such a fashion. All Members should be Question put: “That the proposal for dealing allowed to participate in a discussion on legis- with No. 4 be agreed.”

The Da´il divided: Ta´, 75; Nı´l, 13.

Ta´

Ahern, Bertie. Kelly, Peter. Ahern, Michael. Killeen, Tony. Ahern, Noel. Kirk, Seamus. Andrews, Barry. Kitt, Tom. Ardagh, Seań. Lenihan, Brian. Blaney, Niall. Lenihan, Conor. Brady, Johnny. McEllistrim, Thomas. Brady, Martin. McGuinness, John. Browne, John. Martin, Michea´l. Callanan, Joe. Moloney, John. Callely, Ivor. Moynihan, Donal. Carey, Pat. Moynihan, Michael. Carty, John. Mulcahy, Michael. Cooper-Flynn, Beverley. Nolan, M. J. Coughlan, Mary. O´ Cuı´v, E´ amon. Cowen, Brian. O´ Fearghaı´l, Seań. Cregan, John. O’Connor, Charlie. Cullen, Martin. O’Dea, Willie. Curran, John. O’Donnell, Liz. Davern, Noel. O’Donovan, Denis. Dempsey, Noel. O’Flynn, Noel. Dempsey, Tony. O’Keeffe, Batt. Dennehy, John. O’Keeffe, Ned. Devins, Jimmy. O’Malley, Fiona. Ellis, John. O’Malley, Tim. Fahey, Frank. Parlon, Tom. Fitzpatrick, Dermot. Power, Peter. Fox, Mildred. Power, Seań. Gallagher, Pat The Cope. Roche, Dick. Glennon, Jim. Sexton, Mae. Grealish, Noel. Smith, Brendan. Hanafin, Mary. Treacy, Noel. Harney, Mary. Wallace, Dan. Haughey, Seań. Wallace, Mary. Hoctor, Maíre. Walsh, Joe. Jacob, Joe. Wilkinson, Ollie. Keaveney, Cecilia. Woods, Michael. Kelleher, Billy.

Nı´l

Boyle, Dan. McHugh, Paddy. Ferris, Martin. Morgan, Arthur. Gormley, John. O´ Caola´in, Caoimhghı´n. Harkin, Marian. O´ Snodaigh, Aengus. Healy, Seamus. Ryan, Eamon. Higgins, Joe. Sargent, Trevor. McGrath, Finian.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies Boyle and Morgan. 647 Order of 9 February 2005. Business 648

Question declared carried. was that it took place in a national newspaper of good repute. An Ceann Comhairle: Is the proposal for dealing with Private Members’ business agreed to? An Ceann Comhairle: Does the Deputy have a Agreed. question appropriate to the Order of Business? On the Order of Business I call Deputy Kenny. Ms McManus: Yes. Does the Taoiseach share Mr. Kenny: I was interested in Deputy my concern, and that of all Members of this Morgan’s question on section 31 and the way he House, that such abuse is levelled at children who spoke about IRA volunteers. Now that Sinn Fe´in cannot defend themselves? is no longer an interpreter for the 12 o’clock IRA it might withdraw the advertise- An Ceann Comhairle: The Deputy must find ment on its website for T-shirts another way of raising this matter. carrying the slogan “Undefeated Army — IRA”. Maybe he was speaking about the old IRA. Ms McManus: Will he ensure that under promised legislation, whether by way of the defa- An Ceann Comhairle: That does not arise on mation Bill or the promised press council, or by the Order of Business. revisiting the incitement to hatred legislation, we protect children from this kind of attack? Mr. Kenny: It seemed appropriate in the light of the Deputy’s comment on section 31 that the party no longer interprets statements from the An Ceann Comhairle: The Deputy knows she IRA. is out of order.

Caoimhghı´nO´ Caola´in: The request was under Ms McManus: I have asked a legitimate ques- Standing Order 31. tion. Will the Taoiseach respond?

(Interruptions). The Taoiseach: The defamation Bill is scheduled for later this year. Mr. Walsh: The Deputy must wait for the chief of staff. Mr. Sargent: Publication of the electoral (amendment) (no. 2) Bill is expected in this ses- Mr. Kenny: Deputy O´ Caolaín will have his sion. Given that there are court proceedings on opportunity to speak this evening on Private this matter has the date of publication been Members’ business. I heard him on RTE tele- revised or will it be on the schedule for this vision last night ask that Fine Gael give him time. session? He has the proper time according to his mandate. The energy (miscellaneous provisions) Bill will give the Minister power to give general policy An Ceann Comhairle: Does Deputy Kenny directions to the Commission for Energy Regu- have a question appropriate to the Order of lation. Will the remit of the Bill cover non-tradit- Business? ional forms of energy and relieve our dependency on fossil fuels, particularly in the area of biofuels? CaoimhghıńO´ Caolaín: The Deputy would like to see section 31 reinstated. The Taoiseach: The electoral (amendment) (no. 2) Bill will be taken in the coming weeks. Mr. Kenny: Will the Taoiseach say when we The energy (miscellaneous provisions) Bill will be are likely to see the broadcasting authority Bill? taken later this year. Deputy O´ Caolaín will get his five minutes in accordance with his mandate. Ms O. Mitchell: Regulations to increase parking fines were promised for early January under Mr. Connaughton: That is too much time. the Road Traffic Act 2004. These refer specifically to fines for people using parking spaces CaoimhghıńO´ Caolaín: I will use it effectively. reserved for the disabled. When will that regu- Mr. Kenny: The Deputy should use it appropri- lation be brought forward? ately and for once stand up and speak the truth. The Taoiseach: I will check that for the Deputy CaoimhghıńO´ Caolaín: Deputy Kenny need and inform her about it during the day. not worry. Mr. Broughan: Does the Taoiseach have any The Taoiseach: The broadcasting authority Bill sense of shame? He was wearing a hard hat a will come before the House this year. couple of nights ago——

Ms McManus: Yesterday a large cohort of chil- An Ceann Comhairle: If the Deputy has a dren was subject to a most scurrilous and abusive question appropriate to the Order of Business we attack. The most surprising aspect of this attack will listen to it. 649 Order of 9 February 2005. Business 650

Mr. Broughan: Has he considered, with the Caoimhghı´nO´ Caola´in: A Bill to amend the Minister for Health and Children, bringing for- Misuse of Drugs Acts 1977 and 1984, the Irish ward any kind of emergency legislation or regu- Medicines Board Act 1995 and the Clinical Trials lation to cover the problems in accident and Act, namely the Irish Medicines Board emergency units? Last night, for example, in (miscellaneous provisions) Bill is promised for Beaumont Hospital—— this session before the summer recess. Will the Taoiseach indicate whether that Bill will be An Ceann Comhairle: Does the Deputy have a presented during this session and how soon it will question appropriate to the Order of Business? be published? Mr.Broughan: It is the Taoiseach’s responsi- The Taoiseach: The heads of the Irish Medi- bility. He runs the country. He comes in here cines Board (miscellaneous provisions) Bill were every day and we have lengthy discussions about approved last autumn and the Bill will come God knows what but perhaps the most important issue in the country is not discussed. before the House in this session.

An Ceann Comhairle: If the Deputy has a Mr. Crawford: ESB charges increase regularly question for the line Minister he should submit it yet it is difficult to get the ESB to bring power to that Minister. If he has a question appropriate for which payment has been made to new houses. to the Order of Business we will listen to it here. Will the Taoiseach advise us when the electricity Bill will come before the House so we can discuss Mr. Broughan: The Taoiseach is not putting these issues? forward the kind of resources we need. An Ceann Comhairle: Deputy Durkan raised An Ceann Comhairle: The Deputy should that question yesterday and received an answer. resume his seat. The Taoiseach: It will be next year. Mr. Broughan: The intolerable situation that existed in Beaumont Hospital last night is not Mr. Crawford: We must wait another year. acceptable. It is shameful and disgraceful. When will the Taoiseach take some action? Mr. Sherlock: The Taoiseach and the Minister for Finance, to both of whom I have sent letters, An Ceann Comhairle: It appears to the Chair are present today. Will they advise me as to which that Deputy Broughan wishes to leave the House High Court proceedings are preventing them and if so the Chair will facilitate him. Does the Deputy wish to leave the House? from bringing in the ground rents Bill as——

Mr. Broughan: I want an answer from the An Ceann Comhairle: The Deputy should Taoiseach. address that question to the line Minister. It is not appropriate under Standing Order 26. An Ceann Comhairle: The Deputy knows how to submit a question according to Standing Mr. Sherlock: I will put the question to the Orders. Taoiseach. What type of issue in the High Court is preventing the introduction of this Bill? Mr. Broughan: I have submitted them in the past. Minister for Finance (Deputy Cowen): It is in the Supreme Court but I do not know exactly An Ceann Comhairle: Does the Deputy wish what is happening. I will communicate with the to leave the House? Deputy on this matter.

Mr. Broughan: I will leave the House. Ms Cooper-Flynn: When can we have a debate on No. 48 on Tuesday’s Order Paper regarding Mr. O’Dea: That was what the Deputy wanted infrastructural development under the national so that he could get a cheap headline. development plan? Mr. G. Mitchell: Is it intended to circulate the I thank the Minister for Finance for his very EU constitutional treaty referendum Bill in this kind letter explaining the situation which I would session? When is it likely to be passed by the also like to debate in the House if it is possible House and when will the referendum be held? to allow some time for it.

The Taoiseach: The Government is engaged in Mr. Rabbitte: The Deputy is on the way back. the preparation of the Bill. We are considering Old friends are best. the many legal issues surrounding it and hope to discuss those with the parties during this session. The Taoiseach: We can debate that with the We may not have the legislation but we will dis- party whips to see whether it is possible to discuss cuss the issues. this matter some time. 651 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 652

Finance Bill 2005: Second Stage (Resumed). group. I know of a considerable number of first- time buyers in the Sligo-Leitrim area who will Question again proposed: “That the Bill be benefit from this progressive move as the range now read a Second Time.” and type of houses available to them without the Dr. Devins: I wish to share time with the Mini- extra burden of stamp duty will increase sig- ster of State at the Department of Finance, nificantly. Deputy Parlon, by agreement. I welcome the fact that somebody who switches from one credit card to another during the course An Ceann Comhairle: Is that agreed? Agreed. of a financial year will not have to pay two stamp duties. The option of changing one’s credit or Dr. Devins: I am delighted to have this oppor- laser card due to the availability of better rates in tunity to speak on the Bill. I congratulate the a different financial institution is one which Minister on his first budget and on this should be available to all. However, up to now empowering legislation. Budget day has always many people did not avail of this option because been one of the more important days in the life they were penalised by having to pay double of Da´il E´ ireann. In many past instances, debate stamp duty if they did so. The Minister recog- raged far into the night. However, it was remark- nised this anomaly and the change is a welcome able that the debate on the last budget ended one. early in the evening because the Opposition had With regard to income tax, I welcome the pro- little to complain about and ran out of steam after vision that any payments made by the Health Ser- a few hours. The following day, all commentators vice Executive to foster parents in respect of the agreed that budget 2004 was remarkable. It was care of foster children will in future be exempt remarkable because it continued the policy of the from income tax. The provision of foster care is Government of maintaining growth by keeping an area the former North Western Health Board taxation levels at an all-time low. promoted energetically. For parents to take on The Minister for Finance was in the past Mini- the care of a foster child is a huge responsibility ster for Health and Children. The caring and and they are deserving of our respect and as compassion he showed in that Ministry is evident much support as possible. From my former work in this year’s budget, in particular in regard to the as a general practitioner in Sligo, I know of many money he provided to deal with disability, both children who speak in glowing terms of the love, intellectual and physical. affection and support they received from their The Government is rightly committed to main- foster parents. Obviously, in an ideal world chil- taining full employment while allowing people to dren would be with their natural parents but, take home increasing levels of money after tax is unfortunately, for a variety of reasons this is not paid. However, it is also committed to looking always possible. The option of fostering, either on after the less well-off in society. There are people a short-term or long-term basis, can help maintain who have not benefited from the economic boom the family unit which otherwise might be tipped and growth of the past six to seven years to the into crisis. same extent that others have. It is the duty and Parents engage in fostering because of a deep responsibility of any government to ensure that and genuine sense of love and support. The finan- all citizens benefit from a healthy economy. The cial aspect is not their main reason for doing so. Minister has, with this Bill, put in place the steps However, they should not be penalised by added towards making sure that all, especially the less income tax for undertaking this civic duty. The well-off, are looked after. In that regard, the pro- recognition by the Minister of this civic commit- vision of funding to make available an extra ment by removing any financial payment that fos- 230,000 new medical cards is welcome. These ter parents receive from income tax is a progress- cards are due to come into force over the next ive step which will be welcomed by foster parents. couple of months and a large number of our con- I welcome the proposal whereby tax relief on stituents will welcome them. The huge increase third level educational establishments or facilities in funding for the disability sector, allied to the has been changed. Up to now, relief could only coherent and co-ordinated approach across all six be obtained where the Minister had issued a cer- Departments that deal with disability, will result tificate before 31 December 2004. This has now in a real and positive improvement to the lives of changed and an application made to the Minister those who suffer from disability, be it intellectual, before 31 December last will now be eligible for sensory or physical. relief. There are third level educational establish- The contents of the Bill cover nearly 180 pages. ments throughout Ireland, including universities In the limited time available to me I would like and institutes of technology, which have wonder- to refer to its most important aspects. With ful plans for development. However, they were regard to the stamp duty reductions, I welcome penalised under the old regime. This welcome the fact that the exempt threshold for first-time change will allow these necessary developments buyers of second-hand residential properties has to proceed and it should be a significant addition been raised from \190,500 to \317,500. First-time to any third level institution. In my constituency, buyers are starting out on the property ladder and the institute of technology in Sligo and St. the raising of the exemption threshold will open Angela’s College will consider this new regime up a significant range of housing options to this progressively. 653 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 654

I welcome the decision to exempt from VAT tax up to specified limits. For 2005 the limits are any short-term letting for student accommo- \16.500 for a single or widowed person and dation. This is in accordance with the sixth VAT \33.000 in the case of a married couple where one directive of the EU and it should ensure an or both are aged 65 or over. The age exemption increased supply of rental accommodation for limits are being increased for the fourth year in a students attending third level. Every year, row. In four years, the limits have increased by students and their parents must go through the almost 53%. Inflation for the same period is long and painstaking process of looking for rental expected to be just over 13%. These measures accommodation during the months of September provide ample evidence of the Government’s and October. This measure will ensure an commitment to keep down taxes on wages and increase in the supply of such accommodation protect the real value of incomes for pensioners and thereby make for a more satisfactory overall on low income. solution. I particularly welcome the steps taken in the I wish to refer to the removal of all those on Bill to address the difficulties many first-time the minimum wage from the tax net. This is wel- house buyers face in their efforts to get on to the come and again confirms the Government’s com- property ladder. The significant reduction in mitment to those who are less well-off. For the stamp duty for first-time buyers has been widely first time ever in the State, a person earning the welcomed. The thresholds are generous. There minimum wage will not have to pay income tax. will be no stamp duty on first-time purchasers of The Bill will provide a legislative basis for the second-hand houses up to £317,500 in value and dramatic and far-reaching changes announced on reduced rates on such purchases up to £635,000. budget day. I congratulate the Minister on his This new exemption threshold is above the first budget and I know my sentiments are shared national average price for second-hand houses by the public. and is above what the average first-time buyer pays for a second-hand house anywhere in the Minister of State at the Department of Finance State. (Mr. Parlon): I am glad to have the opportunity In regard to budget tax changes which impact to contribute to this debate and to raise a number positively on particular sectors of the economy, I of important issues that may assist the debate on welcome in particular section 115 of the Bill taxation matters. The measures contained in the which confirms, as announced in the budget, Bill consolidate the budget and are evidence of stamp duty relief for exchange of farmland for the continued commitment of the Government to farm consolidation purposes with effect from 1 pursue fiscal policies which promote growth in July of this year. our economy, reward work and alleviate the bur- Section 32 extends capital allowances on tourist den on taxpayers, especially those on lower pay. accommodation to registered guesthouses and In 2005 the Government will achieve, ahead of registered holiday hostels. Section 119 provides schedule, its target of taking those on the current for a reduction in the rate of companies’ capital minimum wage out of the income tax net entirely. duty charge from 1% to 0.5%, which will help The Government will also ensure, through the maintain our attractiveness as a location of choice measures being introduced in the Bill, that all for the establishment of companies. I applaud the workers obtain a significant reduction in their Minister on his introduction of various anti- tax burden. avoidance measures, as I am sure would all The Bill confirms the budget day income tax members of the taxpaying public. It is recognised package which concentrated available resources that our tax system depends on each person who on those at the lower income levels and on the is meeting his or her tax obligations having confi- elderly. The personal tax package of \682 million dence that his or her neighbour or competitor is is impressive by any standards. The increases in also complying. The Bill should be commended personal credits and the standard rate bands for seeking to close off a series of abusive tax mean that a single person on the average indus- loopholes in the VAT, income tax, inheritance trial wage will now pay 14% less tax. There are tax, stamp duty and life assurance areas. Equally also increases in the band for single and widowed important, the Bill gives very important parents. Altogether, 52,000 taxpayers are taken additional legal powers to the Revenue Commis- off the higher rate of tax. sioners to pursue tax evaders. As a result of the increases, more than 650,000 I welcome in particular the provision which will of the 1.9 million income earners will be exempt allow Revenue to access, on a sample basis, infor- from paying tax on their earnings. It also means mation on single premium life assurance polices that for standard rate taxpayers an additional to detect where these policies may have been \1,450 per year, or almost \28 per week, is used as an investment vehicle for undeclared exempt from tax in the case of a single person income. The use of this power will be subject to and \1,750, or almost \34 per week, for married the authorisation of a Revenue Commissioner single earners. where he or she has reasonable grounds for sus- The Government’s commitment to the elderly pecting that such policies may have been used to is underlined by the income tax measures in the facilitate tax evasion. An important initiative is Bill. In particular, under the age exemption limits the addition of a new offence to the list of rev- system, those aged 65 or over are exempt from enue offences in section 1078 of the Taxes Con- 655 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 656

[Mr. Parlon.] medical cards. The number of medical cards lost solidation Act to address the issue of persons who in my constituency is significant, which must be knowingly facilitate tax evasion. The increase in taken into account when announcing good news. the threshold for publication of tax offenders I would be less than honest if I did not welcome from £12,500 to £30,000 is a sensible move which a number of aspects in the Finance Bill. Older is broadly in line with the recommendations of citizens will receive an increase of \14, which is the revenue powers group, as well as the recently welcome. There is no point being hypocritical. It published report of the Law Reform Commission. is an indication of how the country has improved Overall these changes go a long way towards over the past ten or 15 years that we can afford striking the correct balance between not over- to recognise the problems these people face. We burdening compliant taxpayers while at the same are often reminded across the floor of the House time being able to take swift and effective of what the situation was like in 1997. When our enforcement action against those who are not former leader was Minister for Finance in the compliant. early 1980s, he gave an increase of 25% to old In the area of improved tax administration, the age pensioners because they were so badly Revenue Commissioners’ initiative to allow looked after at that stage. What these people are PAYE taxpayers to e-file returns and to elec- receiving is welcome. However, while there are tronically avail of a range of self-service options many good aspects in the budget, those who are in regard to their tax affairs is welcome. The Bill in need of child care and transport will be asking contains the necessary legislative measures to major questions. I will return to this later. underpin these changes. I understand that the I want to raise two issues that are very close to new system will not change the fact that ultimate the Minister of State’s heart and to mine, namely, responsibility is on PAYE taxpayers to make sure roll-over tax. Roll-over tax was discontinued two their tax credit certificates are correct or to look years ago supposedly because of the difficult for an end-of-year review if they feel they have economic situation that existed at the time. Roll- over-paid. It will give PAYE taxpayers the ability over tax was available for anyone selling or buy- to ascertain their tax position and in particular to ing property within a recognised timeframe. I am access their revenue records over the Internet at saying to the Minister of State as a former farm any time; amend their tax credit certificate on the leader — I had a somewhat slighter involvement web either to claim an allowance or credit not on in a farming organisation — that as we continue the certificate or to change the amount involved; to improve our road and rail infrastructure, request an on-line review or balancing statement people are having their property taken from based on the revenue records and confirmation them. Under the CPO, a specific category of that the details are correct and complete; and people is quantified. If a road is being forced receive an automatic repayment in certain cases through people’s property and their land is being where Revenue is fully satisfied from its records taken from them, I ask that these people be put or from recent contacts that a repayment is due. on a roll-over tax. That may not be possible in This Finance Bill will support the progress of this Finance Bill — with sufficient ingenuity it our economy and prepares the ground for further could be done — but surely these people are growth in living standards. It signals our ongoing entitled to be recognised as a special case. commitment to sound budgetary management. In The Minister of State in particular can claim its totality, the Finance Bill reflects the Govern- responsibility for the good deal achieved between ment’s commitment to ensuring that fiscal policy, the IFA and the Government at the time. He will and the tax system in particular, play a positive recognise that if it was necessary then, it is more role in supporting the country’s economic necessary now, since there is a bigger roll-out of development. these projects. I do not apologise for raising this issue, and I do so because of the bypass around Mr. Crawford: I wish to share my time with Carrickmacross which was recently opened, with Deputy Deenihan. Castleblayney, Monaghan and a couple of towns I want to comment on an issue Deputy Devins in Cavan also affected. That serves to highlight raised about medical cards. I welcome any the situation throughout the country. I welcome increase in the number of medical cards, but one many slight moves in this direction in the Bill. must remember that during the last election cam- The legislation provides for stamp duty relief paign 200,000 additional medical cards were for those who can get agreement to swap land. I promised and there were no restrictions on how am involved in farming long enough to know that they would be allocated. A somewhat different the numbers who will be able to come up with card has now been introduced. This is something such an agreement will be extremely small. I am Fine Gael proposed as an interim solution to try alarmed at the detailed requirements to be met, to ease the pressure on families. as outlined in the Bill, to provide for that. One One must remember that 100,000 medical cards will have to involve Teagasc and meet all sorts of have already been taken from people. In the past requirements. Section 115 outlines the require- seven years, more than 8,000 medical cards have ments in detail. I hope that the requirements out- been taken from low income earners in my con- lined can be eased and improved on Committee stituency. Cork city and county, which has a Stage to give more leeway to provide for practical population of 500,000, lost a similar number of solutions. I warn the Minister that if the section 657 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 658 is left as it is worded, the number of people who Some 257 people were in receipt of nursing will be able to avail of this relief will be extremely home subvention in Cavan-Monaghan at the time small. The ethos of the measure is good but the of the previous general election. That number practicalities of meeting the requirements to avail was to be reduced to 170, but it now stands at of the relief are a different matter. I urge that this 214. However, the means test to qualify for the angle be examined and dealt with in a reasonable subvention is much tighter in our area and I dare and practical way. say in the west than in other areas. I had a case There are some changes in the Bill in terms of recently where a person was being put into a the manner in which so-called criminals will be home in the west because some family members dealt with. I refer to those who have not yet paid were living there and the person dealing with the taxes or who have had money on deposit across case in the home could not believe that he was the Border. I make no apology for saying that I dealing with the same health service because he was annoyed that people who found themselves, had never come across a situation like this through no fault of their own, in this position previously. down through the years, owing to their having a Many promises were made that child care pro- use for investing money across the Border and vision would be adequately dealt with, yet Lattin such like, have had to pay such penalties that community centre and several others await applied. Those who are up to \30,000 — the fig- receipt of grants that were promised years ago. ure was previously \12,500 — in arrears of tax, or A Bill to deal with dormant accounts is to be whatever one would like to call it, will not have introduced shortly. However, we have discovered their names published. The interest charged on an anomaly recently in the Border areas whereby the arrears will be lowered from approximately dormant account moneys handed out through the 12% to slightly under 10%. I welcome that so-called independent group has not reached, to reduction, but for the information of the public, any great extent, any of the Border counties com- will the Minister advise us where they could avail pared with other counties. We have been of an interest rate of 10% because many people informed that the community groups in those would like to invest at that rate? It is great. Surely areas do not understand how to complete the these taxes and penalties should be geared required forms. These groups have been complet- towards the criminals rather than the people to ing forms for grants under the LEADER prog- whom I referred. I know people who have gone ramme, the programme for peace and reconcili- through mental hell over the past year or so. A ation and a plethora of schemes down through few of them have apparently invested money in the years. They are told that their forms are crap, Northern Ireland or somebody may even have but that answer is crap. This funding needs to be invested it for them. It can be shown clearly that reviewed to ensure that all areas get what they they were not doing so for criminal purposes or are entitled to, no more and no less. The funds for any other such purpose. The rate of tax that that we get from the programme for peace and applied was insignificant, but such investment reconciliation and others are supposed to be cost them a great deal of money. I welcome some additional, and not replacement, funds. I have easing in that situation but I hope this provision major objections to that. will be reviewed. There is a need for discretion to be exercised by those dealing with it. Mr. Deenihan: I will confine my remarks to art, I mentioned the positive developments for car- sport and tourism which are my areas of responsi- ers and provision for the elderly, but major nega- bility. The real and pressing threat to the growth tivity surrounds provision for this sector in my and future development of the tourism industry area for whatever reason. There is a lack of funds was not addressed in the budget or in this Bill. to deal with those who must go into nursing Tourism is an exceptionally important industry to homes or into respite care. That is a serious con- our economy and I repeat that it provides more cern. I had a case the other day — which the than 140,000 jobs in the country as a whole. Minister of State, who comes from a farming However, there is nothing in the budget nor in background, will understand — involving a this Bill that will go any way towards meeting the middle aged man who had lived with his mother real challenges faced by those in the industry. all his life. The mother happened to be the owner Doing business in Ireland is expensive and of the family home when she got married and the those in the tourism industry have already son’s late father had all the land. However, the endured years of inflation at double the rate of house, the only home the son has, is being used their competitors. Coupled with this, increases in as a means to stop his mother been granted a Government-driven stealth taxes and charges nursing home subvention. The rules applying to have been dramatic. The increases in the cost of this measure are na ve and impossible. I have food and drink, insurance, ESB, gas bills, VAT another case where a person suffering from and other goods and services have been dramatic Alzheimer’s disease held on to 20 acres of land in recent years. For example, Ireland has the and his family, who are not rich, have to find ways second highest VAT rate in the eurozone for and means to provide for his care. Those sort of hotel accommodation and eating out. Further- rules need to be reviewed. more, wine excise duty is by far the highest in the 659 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 660

[Mr. Deenihan.] is a keen GAA supporter and I ask him to look at eurozone while spirits excise duty trails only that alternatives, maybe through the Sports Council. of Sweden and Finland in the European Union. Each county can now only have a panel of 24, a These rates and duties have a real impact upon small number, so any proposal would not involve the attractiveness of Ireland as a destination for extending the facility to 50 or more people. Kerry international tourism. had a panel of 30 players and had to drop six of Ireland is the third most expensive country in them. It should be easy to do something for inter- the European Union for goods and services. A country panels because they are so well defined. basket of food costing \100 in Ireland costs only We should revisit this on Committee Stage. \82 in the UK. Of the 16,000 small to medium- Questions were raised about tax exemption for sized enterprises that make up the bulk of the very wealthy artists, particularly singers. We must tourism industry, it is the smallest players in the examine that exemption from the perspective sector, those involved in family-run bed and that it only applies to creative artists and not to breakfasts and small guesthouses, that are being interpretative artists. Actors must pay tax while hit hard. The budget for 2005 and this Bill could writers, who are regarded as creative artists, do have made substantial changes that would have not. This is an anomaly that should be addressed. underpinned the future growth and development A small number at the top are gaining most from of the sector. This is an issue on which I wish to this provision. There should perhaps be a cut-off dwell in the time available. point of \250,000 above which people should Ireland is the only country in the EU with a have to pay tax. VAT rate in excess of 10% that does not allow There was only one Irish performer at the for the reclamation of this tax on business Wexford Opera Festival last year and the festival expenses incurred on hotel and restaurant organisers had to pay VAT on the fees paid to charges. I would like the Minister of State’s the incoming artists. This is unfair for a voluntary official who is present to take up this matter with group and I will table an amendment to address the Minister. We will be table an amendment on this on Committee Stage. this matter on Committee Stage. The Irish Hotels The tourism industry is under pressure and Federation said in its budget submission to there will be casualties this year. The bed and Government that this anomaly in the Irish VAT breakfast and guesthouse sectors were hallmarks regime places Irish hotels and restaurants at a of our tourism industry but they are under press- serious disadvantage, even to its nearest neigh- ure because hotels, which have increased in bour in Northern Ireland, when competing for number and must maintain cash flow, are dis- the high yield and growing travel sector. The non- counting. Instead of going to guesthouses, people availability of this VAT allowance in effect means are going to hotels. By its nature, bed and break- Ireland cannot expect to attract a reasonable pro- fast accommodation is spread throughout rural portion of the \40 billion worth of global inter- areas — it is the only enterprise in some villages. national tourism business involved in con- VAT and related issues will cause serious prob- ferences, corporate meetings and incentive travel lems for this sector if they are not addressed. business generally. Allowing VAT on hotel and restaurant charges as an input for business for Mr. Ardagh: I welcome the opportunity to that purpose would be a major boost to the indus- speak on the Finance Bill 2005 and I congratulate try. We will push hard for this on Committee the Minister for Finance on his first budget and Stage. Finance Bill. Last year I enjoyed one of the few successes I I would like to examine two areas, approved have had in opposition when I pressed hard for retirement funds and the recoupment of tax by an extension of the capital allowances for hotels. charities. Retirement relief should exist so that In fairness to the Minister, after much pressure, people can avoid an impoverished retirement and he conceded to my request and, as a result, so that those on a reasonable salary in employ- billions of euro worth of proposals have been ment will have the same standard of living after made to county councils and there will be a mass- retirement. The retirement benefits relief is not ive return for the economy. That is an example of in place, however, to assist with estate planning the influence an Opposition spokesman can have. for wealthy individuals. At the moment, it is The cut-off point of June 2006 for this scheme, being used in that way. Steps should be taken to however, is too early because many of these plans ensure the approved retirement funds are not will be sent to An Bord Pleana´la and the jobs will used in a way that was not intended when they not be completed by then. The cut-off point for were introduced. completion should be extended to 2007. Section 45 of the Bill allows for interest on Last year we voted on tax credits for leading loans which companies take out with banks in EU GAA players. Such a facility is available for inter- states other than Ireland. That facilitates the pur- national sportspersons but not for our GAA chase by approved retirement funds of property members. I tabled an amendment last year that in countries outside Ireland. Section 25 allows was not accepted despite the goodwill of many on section 60 insurance policies, which can be used the Government side of the House. The Minister without capital acquisitions tax being applied, to 661 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 662 pay capital acquisitions tax on the approved taken into account. If the composite rate of tax retirement fund. That is a method by which the paid at the marginal rate by the donors was very wealthy will reduce their tax bills. 30%, in excess of \42 million could flow back to On Sunday, The Sunday Tribune referred to a the charitable organisations if all of the adminis- number of people with incomes of between \5 trative problems were sorted out and the \250 million and \10 million, much of which goes into limit were reduced in this case. pension funds and into approved retirement When the tsunami is off the front pages of the funds that accumulate such wealth that we cannot world’s media and only the bereaved families of conceive the income from them being used for those who lost their lives are suffering their grief normal retirement expenses. Apart from a small and their tragedy, the horrors in Africa, in number of people with ostentatious lifestyles, the Darfur, the Congo and other areas will continue. vast majority of even the very wealthy have a nor- The tax rebate on the \80 million contribution mal lifestyle that would not require the return made by Irish residents would assist in no small that approved retirement funds bring about. way the brilliant NGO aid organisations such as Goal, Tro´ caire, Concern and the Irish Red Cross. Ms Burton: That was a Charlie McCreevy I am sure I have left some out, but I do not mean special. I spoke about that yesterday. to diminish in any way the great work they do. I ask the Minister to consider empowering the Mr. Ardagh: Over a three year period, people Revenue, through a Committee Stage amend- are taking substantial salaries of millions of euro ment, to ensure those organisations get the so that a retirement fund, with two thirds of the amount that would be payable if the appropriate salaries, index linked and with the applying forms had been filled out correctly. I also ask that extras, can be put in place to generate that much the relevant threshold be reduced from \250 to on an annuity basis at a time when interest and zero in this special case for the three months since annuity rates are very low. Christmas Day, the period when most of the I would like the Minister to consider putting an money was contributed, to allow a lump sum pay- upper limit on the level of income that can be ment to be made by Revenue to the relevant used as a basis for calculating pension contri- organisations to enable them to tackle the prob- butions for tax relief purposes. I have no problem lems around the world that, because of world with people setting up approved retirement politics, are not at the moment being properly funds, but the general public should not subsidise dealt with. the build-up of them to the extent that is being I always start at the back of the Finance Bill done at the moment. There is room to do some- because that is where the most interesting parts thing about it. are. I note the rate of interest on overdue taxes The Minister should also consider introducing is reduced from 11.75% to 10%. Deputy a claw-back in respect of pension contributions Crawford does not believe this is low enough. for tax purposes when the value of the fund However, the State is not a bank and it must exceeds the actuarially calculated amount that ensure that the interest charged is greater than would be needed to fund a pension of a reason- the overdraft rate of interest. That reduction is a ably generous level of income, together with the good step forward as far as the Government is two thirds level and all the bells and whistles that concerned and it would be unreasonable to go are attached to that as well. That should be any lower. examined. In respect of the published details of certain We need to encourage philanthropy. The settlements made by tax defaulters, the figure was Americans are very good at setting up found- previously £10,000 or \12,700. The Minister is ations for this and that. It is time wealthy people changing that to \30,000. I note that the Revenue were encouraged to put their wealth to chari- Powers Group suggested a figure of \50,000, the table use. Law Reform Commission suggested \25,000 and On the question of charities, the tsunami this that the Minister took the middle course. year was a special case. The general public raised However, \50,000 would be a better figure more than \80 million. If all of the tax that could because what we want is to name and shame be recouped was recouped on the basis that the those who blatantly flout the law and evade tax. donors were in the 42% tax band, more than \56 If they are mixed in with a group of people who million would be recouped by the charitable can reasonably state that they unfortunately did organisations. I ask the Government to arrange things the wrong way and were caught, the higher with the relevant statistical bodies to obtain the level should be considered. tax profiles of a sample of the donors who made The question of facilitating tax and duty eva- those contributions. Many elderly people who sion is a most important matter. There is a fear pay no tax and have very little money are among among people who work in banks and insurance the most generous of the contributors. A stud companies, among tax advisers and accountants, farmer in County Tipperary made a very substan- that this is draconian. However, the Minister tial and very generous contribution. There is no stated on Second Stage that this was intended to tax on his income at the moment. That should be target serious offences. Serious offences can be 663 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 664

[Mr. Ardagh.] in the community in which they were reared and taken in the light of what I have already men- to take their first steps towards rearing a family tioned regarding the published details of settle- in the area are welcome. I welcome particularly ments by tax defaulters. He also said that the the measures being introduced for first-time buy- people prosecuted under this facilitation of tax ers of second-hand houses and the reduction in evasion section would be deeply involved and stamp duty. would have facilitated tax evasion. In business, In a similar vein, and it may come as a surprise people talk anecdotally about these matters, but given I am a Dublin Deputy, I welcome section the real intent of this measure is to target those 115 which confirms stamp duty relief for who facilitate tax evasion, who open the bank exchange of farmland for farm consolidation pur- accounts in question or who make false state- poses, particularly in the horticultural area. As ments. It is not a general trawl to get everybody the Minister of State is aware, times are changing who gives professional financial advice to clients. rapidly. What was a viable holding five years ago I am delighted the question of the single pre- is one no longer. There was an anomaly under the mium life assurance policy is being tackled. It has stamp duty legislation which, in effect, penalised been boiling away in the background since 1998 families for consolidating their holdings. I had when the DIRT inquiry started. Together with lengthy discussions with the IFA when preparing other Members of the House I was privileged to its submission. I am pleased the Minister has be a member of that inquiry. It appears there was taken note of its representations and acted on abuse in regard to single premium life assurance them. policies. Section 31 empowers the Revenue to test Given that I come from a large PAYE constitu- a sample within an insurance company to see if it ency, it is not an understatement to say that the was complicit in its customers tax evasion. That PAYE worker is the backbone of our tax system. would be used to bring a High Court case to Unfortunately, PAYE workers have historically ensure that an insurance company where a single also been a soft touch in the tax system in that premium insurance policy was involved would be they are the most easily targeted. There is con- made to account for the figures relating to every siderable frustration among that sector when it single account in the company. sees the preference certain traders have for cash I am delighted by the reduction in stamp duty payments as distinct from other types in so many for first-time buyers of second-hand houses. In areas of activity in the economy. I applaud the the area I represent — mainly Crumlin, Drim- Minister on the introduction of anti-avoidance nagh, Walkinstown, Ballyfermot, Inchicore, Kil- measures and his announcement of an audit of mainham — there are many houses at around many of the exemption schemes in place. \250,000 to \300,000. Young people are needed I refer to an issue on which I have had an in these areas to start families and rejuvenate all interest in recent years, namely, the old chestnut of those areas. This is a great opportunity to of the stallion tax. Considerable debate has taken regenerate the inner city area. I am delighted this place on this issue. Deputy Deenihan referred to is in the Bill. the arts and the exemptions for same, which are welcome. However, neither the arts exemptions Mr. Glennon: I thank my colleague, Deputy nor the stallion tax exemptions were designed for Ardagh, for sharing time. Like my colleagues I either the superstars, in the context of the arts, or congratulate the Minister for Finance, Deputy the battery hen type operation in stud farms. Cowen, not only on his first Finance When introduced, they were pitched at the 1 o’clock Bill but on his first budget which, middle of the road, medium earning operator in presumably, is the first of three. The each category. I am in favour of their continu- manner in which the budget was greeted by the ation for the middle of the road earner in both community at large and most sides of the House categories. However, they are worthy of consider- is an indication of the efficiency with which he ation in terms of the battery hen type operation has commenced his new portfolio. I wish him and at the stud farm and also at international super- his Minister of State well over the next few years stars level in the arts. It is inequitable that some in their efforts and I hope we will be standing in the arts, who earn massive amounts of money here for the next few years in a similar disposition by anybody’s standards, do not pay tax. to the legislation before the House. I refer to Deputy Deenihan’s comments on the I welcome, as my colleague Deputy Ardagh has exemptions on which he and I worked last year done, a provision in the Bill which addresses the and are still working for elite sports people. He difficulties of first-time buyers in the housing sec- inadvertently mentioned them specifically in the tor. Like Deputy Ardagh’s constituency, my con- GAA context but they were not designed to be stituency of Dublin North is one in which a sig- specifically in that context. At present, pro- nificant level of house building is taking place. fessional sports people have a beneficial tax Unfortunately, most of the houses being built are regime. There are some who give huge amounts outside the budgets of a double earning partner- to amateur sports who deserve a break. We have ship and natives sometimes must travel up to 50 not been able to devise a way of doing it yet. miles away. Any step that can be taken to make However, it is imminent and I look forward to its it easier for members of the community to remain introduction in the near future. 665 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 666

Mr. Perry: I wish to share time with Deputy in jeopardy as the second generation is not get- Neville. ting involved. It is important to encourage enterprise. Some measures enacted in recent Acting Chairman (Mr. Stanton): Is that budgets have not been remedied in this Finance agreed? Agreed. Bill. They certainly had a negative impact on employment creation and the generation of sus- Mr. Perry: I am pleased to have an opportunity tainable employment. For example, the provision to contribute to the debate. The Finance Bill is requiring businesses to pay advance corporation about the raising and collection of taxes imposed tax is unfair. One can imagine the uproar if as part of the annual budgetary process. The PAYE employees were obliged to pay tax in State fills its coffers through a myriad of taxes advance of earning an income. The reduction of and charges on individual taxpayers and corpor- corporation tax is to be welcomed and has ate entities in the State. This year is no different. resulted in cash being reinvested. The require- While the Minister for Finance has tinkered ment to pay corporation tax in advance is dulling around the edges of the tax code in the Finance the impact of this reduction in terms of cash flow Bill, he has ignored the major issues within the for businesses. It seriously undermines the bene- system that need fundamental reform. It is, as fits accruing to the companies paying lower tax. always, vital that taxes imposed are consistent Some of the changes to the capital gains tax with other policy objectives and, in particular, the in recent budgets have negative implications for tax regime should be such as to encourage invest- business. Most small businesses hope to be larger ment, reward entrepreneurs and not militate businesses some day and many wish to sell off against consumers availing of competition for existing premises, plant and equipment, in the goods and services. There are some important hope of purchasing new replacements. I under- aspects in which the measures proposed in the stand from industrial groups that the changes in Finance Bill 2005 are neutral as regards these capital gains tax introduced in the budget 2003 three categories. It should be consistently and have acted to suppress new investment because permanently embedded in the minds of officials they shortened the time period allowed for rein- preparing the budget and the Finance Bill to scru- vestment in new or replacement assets. This pro- tinise measures that have a potential impact on vision should be re-examined. employment initiatives, enterprise and the role of PAYE workers have been left in the cold by small companies. It is important to note that the budget 2005 following the failure of the Minister backbone of the economy has been small com- for Finance, Deputy Cowen, to make good the panies and the creation of jobs. tax hikes imposed on this group over the past two While much has been said about taking people years. This was a cunning budget in which the out of the minimum wage net, many pay large Minister attempted to present the Government as amounts of tax on low incomes. Those on a basic a new caring and sharing administration but when salary of \35,000 to \40,000 who are educating the dust settles, the first group to feel the reality their family and sending children to college or will be the PAYE workers. These people have university find they are not entitled to any grant. borne the brunt of huge increases in stealth taxes They are the new poor who are beginning to over the past two years. They were entitled to emerge. Even with joint incomes there is the expect more in pay-back from this budget. heavy indebtedness of a mortgage, car payments As a result of this budget, a person on the aver- and other demands. age industrial wage will still be paying the top If we do not continue to reward those who take rate of tax and handing over in excess of 40% of risks to develop business and give employment, their salary in taxes. Meanwhile, there was no our long-term survival as a dynamic and competi- move to close off the loopholes that allow some tive economy will be in jeopardy. The Minister of millionaires to pay no tax at all. This is an injus- State, Deputy Gallagher, is well aware of those in tice. Many highly-placed business people can Killybegs along the western coast who have afford to employ accountants and tax experts to invested heavily in job creation. He will be aware ensure they pay no tax at all. I suggest that every- also of the significant investment made in the one should pay a minimum amount of tax regard- development of aquaculture. Many take the risk. less of income. Millionaires should pay a mini- When one borrows extensively from the bank it mum tax. The situation of multi-millionaires who is a joint venture. It is important that at all times are tax exiles should be examined and they there is due recognition by the State of the invest- should pay a minimum rate of tax regardless. ment by small companies. In any Government They should pay tax in excess of hundreds of initiative the partnership approach should ensure thousands if they are multi-millionaires. people are not isolated with a heavy loan, under This is hardly the sign of a caring and sharing huge pressure and unable to make the returns. Government. More than half of taxpayers will Let us be honest: banks are devoid of sentiment still pay at the top rate of tax next year. The wel- and when they invest in a company, they want come removal of the minimum wage earners from their dollar back regardless. This can have a the tax net will be reversed for many next year major impact on the continuation of family busi- when the national minimum wage hourly rate is nesses. The Minister of State will be aware that increased. This is an important improvement but the continuity of family businesses in Killybegs is it will bring people back into the tax net. The 667 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 668

[Mr. Perry.] approach taken over decades, if not centuries, to increase of the tax bands for the PAYE worker the area of the treatment of people with psychi- by 5% failed miserably to redress the failure of atric illness. The Finance Act 2001 extended the the indexation of the tax bands over the past industrial buildings writing-down allowance to two years. capital expenditure incurred on a building or I welcome the change in the position of stamp structure in use for a trade or consisting of the duty and changes to credit card charges. In my operation or management of a “qualifying constituency, MBNA credit card company is a hospital”. The allowance consists of writing-down significant employer and has brought much- allowances at the rate of 15% of the qualifying needed competition to the credit card market and expenditure for each of the first six years and charges. I raised this issue two years ago. The rule 10% of the expenditure for the seventh year in introduced in budget 2003 had a negative impact respect of the construction of private hospitals. on consumers and suppressed competition and When the owner of the hospital building is an choice in services. I am pleased the Minister individual and the hospital is leased to an oper- changed this. I have expressed this opinion for ator, the legislation imposes limits on the manner the past two years and I am delighted the Mini- in which the allowance can be offset against an ster has taken the logic on board. individual’s tax income. Section 49A of the Taxes In the area of housing, the Minister has Consolidation Act 1997, limits the amount that adopted in part a Fine Gael policy proposal. may be set off against an individual’s other From June the new threshold of \370,000 will do income, subject to a maximum of \31,750 in any little for house buyers in Dublin as the average one year of assessment. Any excess may only be price of a second-hand home bought by a first- offset against the individual’s Irish rental income. time buyer has already exceeded this limit. This There is no corresponding restriction, however, package would have been more radical had the where the investor is a company chargeable to Minister adopted the Fine Gael proposal in full corporation tax. As a consequence of these and I am disappointed this was not the case. restrictions, the reliefs are likely to be of interest Minor increases have been granted in the area mainly to those with substantial Irish rental of social welfare. However, giving someone a income per shelter. little extra does not make up for taking a great The qualifying conditions impose limits on the deal more back. This is the case with stealth availability of the facility to psychiatric hospitals. taxes. Any increase awarded will be eaten away Under the Finance Act 2001, the qualifying by increased charges for electricity, gas, health, hospital must meet a range of conditions. It must refuse and other services that people on low or be a private hospital and have the capacity to nor- no incomes cannot avoid. We need realistic mally provide medical and surgical services to changes in all areas. Changes must be seen at persons every day of the year. Apart from ground level so that those on social welfare, lobotomies, few surgical interventions are under- PAYE and first-time buyers, feel a difference in taken in the psychiatric area, which limits the their pockets. extent to which individuals are able to invest in It was identified that the caring and sharing psychiatric hospitals. Government of which the Minister is a member In addition, the qualifying hospital must have a illegally charged the most vulnerable in society, capacity to provide outpatient services and those in State care. I was pleased to note that last accommodation on an overnight basis of not less week in my constituency of Sligo-Leitrim, \1.2 than 100 inpatient beds. This requirement does million was paid as an initial payment to patients not create a problem. The hospital must also and those in contract beds who received \2,000 house an operating theatre or theatres and each. This payment had to be dragged out of the related on-site diagnostic and therapeutic facili- Government and it demonstrates the element of ties. Psychiatric institutions do not have such caring and sharing. This hyped-up budget was for- facilities. The hospital must contain facilities to gotten about within weeks, particularly with provide not less than five of the following ser- regard to the issue of disability, which Deputy vices: accident and emergency; cardiology and Stanton deals with in a very caring way. There is vascular; eye, ear, nose and throat; gastroenterol- a great deal of spin but little or no action. ogy; geriatrics; haematology; maternity; medical; neurology; oncology; orthopaedic; respiratory; Mr. Neville: I welcome the opportunity to rheumatology; and paediatric. As psychiatric speak in this debate on the Finance Bill. I wish hospitals will not be able to provide five of these to raise a specific point about what I regard as services, they are precluded from meeting the discrimination against psychiatric institutions in qualifying criteria. respect of tax relief. This is a reflection of the The Bill also provides that the hospital must marginalisation of people with mental illness. The undertake to the health board in whose func- Finance Act 2001 extended tax concessions for tional area it is situated to make available annu- investment in private hospitals but psychiatric ally, for the treatment of persons who have been hospitals were excluded from this concession. It awaiting inpatient or outpatient hospital services may be the case that at the time, people just did as public patients, not less than 20% of its capa- not think of psychiatric hospitals. This would city, subject to service requirements to be speci- serve to highlight yet again the discriminatory fied by the health board in advance. In addition, 669 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 670 the fees charged for the treatment afforded to any Marx’s observation that all history is based on public patient shall not be more than 90% of the economics. Regardless of the truth or otherwise fees which would be charged in respect of similar of that statement, anyone reading the Minister for treatment afforded to a person who has private Finance, Deputy Cowen’s first Finance Bill must medical insurance. I do not dispute that hospitals conclude that our recent economic history has should have this concession — there is good placed him in an enviable position. The Bill con- reason for it — but it discriminates against the tains much good news and I am happy to support 25% of the population who will suffer from it. What finance Minister in Europe or any psychiatric illness at some point in their lives. developed country can come before a national I am setting out principles rather than making Parliament with such a positive package for a case for any individual or group. An individual endorsement? has, however, made a proposal in this regard so I listened to the debate with interest and had my concerns amount to more than speculation. to pinch myself several times. I will not pick on a Recent media coverage and discussion in the particular Deputy but when the budget was House have highlighted the shortfalls in a range announced 70 days ago the House completed its of facilities and services for treating child and business by 8 p.m. because there was little debate adolescent psychiatric conditions, such as atten- and everybody was happy with the Minister’s tion deficit hyperactivity disorder and eating disorders, which the House discussed recently, suic- many pronouncements. Suddenly, a short ten ide, personality disorders and mood disorders. weeks later, our colleagues in opposition have Amnesty International has referred to our mental resurrected themselves and are trying to tell us health services and championed the urgent need what is wrong with the Bill. for facilities for children and adolescents with psychiatric health problems. This group requires Mr. Neville: That is the role of the Opposition. separate inpatient and outpatient facilities and services. We send our children and adolescents to Mr. O’Connor: There was nothing wrong on 1 specialist facilities and services in other countries. December. It amuses me that many of my good To source the funding required to establish a colleagues on the Opposition benches have dis- hospital service, a company needs to avail of tax tributed glossy information leaflets to their con- incentives for investment in the establishment of stituents informing them of all the positive private hospitals. Under the 2001 Finance Bill, announcements in the Fianna Fa´il Party’s budget. however, psychiatric hospitals do not qualify for Take home pay, pensions and benefits were such incentives. I ask the Minister to examine increased. I have seen many leaflets produced by this matter. other parties, and fair play to them because it is I regularly raise the lack of investment in good to promote what is good. The Minister for psychiatric services with the Minister of State at Finance did a good job and introduced a budget the Department of Health and Children, Deputy about which everybody was happy. As Deputies Tim O’Malley. He informed me that \15 million will recall, the House adjourned at 8 p.m. on the will be spent this year on the development of day of the budget because everybody was so \ psychiatric services. Of this, 5 million is required happy with it. in Limerick alone for a special safe unit, with the balance to be allocated to meet the cost of Mr. Neville: The Deputy has been speaking for changes in the Central Mental Hospital. As a two minutes and still has not mentioned Tallaght. result, general psychiatric services will receive no investment. At the same time, however, private Mr. O’Connor: The changes include an individuals do not have the same incentives to increase of \230 in employee PAYE tax credit to invest in psychiatric institutions as those available \1,270 per annum. In 2005, workers on the aver- for general hospitals. age industrial wage will earn \11,300 more and The Government is morally obliged to provide pay \200 less tax than in 1997. The minimum services for psychiatric patients. Due to a lack of wage was removed from the tax net. A worker on investment over generations, substantial capital is required to bring psychiatric services up to an the minimum wage will be far better off this year than previously. Exemption limits for those aged acceptable level. The benefits of providing some \ services through private providers are significant over 65 years increased to 16,500 for single and and should be considered. The Government married persons. The health levy threshold \ \ would be spared capital costs, day-to-day running increased from 356 per week to 400 per week. costs and long-term financial liability and a wide The Fianna Fa´il-led Administration has staked its range of specialist services would be provided. I reputation on making such changes and I am glad ask that those who wish to invest in the provision we are making significant progress in that regard. of psychiatric hospitals be offered the same incen- Tax relief on rent paid by private tenants tives as those who avail of incentives to invest in increased by 18%. Tax relief on third level fees the general hospital sector. also increased and the fees limit rose from \3,175 to \5,000. The list goes on. Mr. O’Connor: Reading the Finance Bill at breakfast this morning, I was reminded of Karl Debate adjourned. 671 Priority 9 February 2005. Questions 672

Sitting suspended at 1.30 p.m. and resumed at Minister cannot give us a date in respect of the 2.30 p.m. Meath and North Kildare by-elections, the referendum on the EU constitution or the next general Ceisteanna — Questions (Resumed). election shows he does not have confidence in the system and is not prepared to test it. The one thing needed and which is missing is a voter veri- Priority Questions. fiable audit trail. Without that, this system is a non-starter. ———— Mr. Roche: The Deputy is correct to suggest Election Management System. that until confidence is established in the system, 55. Mr. O’Dowd asked the Minister for the I will not advocate testing it. The initial com- Environment, Heritage and Local Government ments, however, are a tiny bit rich because one the status of the Government’s plans for elec- must remember that most of the political parties, tronic voting; when he will make a decision on if not all, had some positive things to say about the findings of the Commission on Electronic this system. Voting; and if he will make a statement on the matter. [4201/05] Mr. Gilmore: Very little. Minister for the Environment, Heritage and Mr. Roche: Deputy O’Dowd’s party published Local Government (Mr. Roche): The Electoral a good leaflet on the issue in Meath. It is easy (Amendment) Act 2004 confirms the policy with hindsight to ask certain questions. objective of electronic voting and counting at The issue of a voter verifiable audit trail, Irish elections and that maintains the mandate to VVAT, is not the only one. It is worth pointing my Department from the Oireachtas to work out that there is no national system where VVAT towards implementation of this objective. is in operation. I concede this is an area where In this context, my Department is developing, it is necessary to make haste slowly because it in parallel with the continuing work of the Com- concerns the level of confidence people have in mission on Electronic Voting, a programme for the system. The Deputy is quite right that a further assessment, testing and validation which degree of damage has been done to confidence in is intended to address the concerns raised in the the system. However, I do not believe the system commission’s interim report published last April has been so undermined that it could not work in and in its more detailed first report published in the future. December on the secrecy and accuracy of the electronic voting and counting system. Mr. O’Dowd: It is clear the Minister cannot The objective of this programme will be to make haste slowly in respect of a voter verifiable demonstrate to the commission and the public audit trail. That cannot be done. Page 363 of the that the electronic voting system, which was selec- commission’s report makes it clear that these ted following detailed assessment of the require- machines cannot be used for this purpose. Based ments to be met in Irish electoral conditions and on what he has said, does the Minister not believe the holding of an open international tender com- he must abandon these machines because they petition, is suitable to be used in Irish elections. I cannot produce the results people want to prove am giving full consideration to the views of the they voted in a particular way? He must scrap commission and will ensure its analysis will these machines, buys new ones or go back to the inform and guide the programme of further old electoral system. Will the Minister provide assessment, testing and validation of the system. clarity? I intend, therefore, that all the commission’s recommendations for action should be appropri- Mr. Roche: The Deputy is quite right in that I ately addressed in the work ahead. The timing of will not forecast a date by which we can move to the further use of the system is dependent on the the next stage of trial. I do not agree with the progress made with this programme of work and hypothesis underlying the Deputy’s question that the dates on which future polls may be held. a VVAT is an absolute sine qua non.Itisnot used elsewhere and, initially, it was not a key Mr. O’Dowd: Is it not a fact that this whole policy issue of concern arising in the context of saga has been an appalling waste of \52 million electronic voting. As the Deputy and anybody of public funds? Is it not a fact that there is no who goes to the trouble of reading the literature confidence in the system? People are extremely will be aware — there is significant literature concerned about that, about the waste of money which one can access through the web — not and that the Minister who wasted that money, everybody is necessarily sold on the concept of Deputy Cullen, did not listen to Members of this VVAT and there are certainly very practical dif- House who urged him to reflect before he went ficulties. ahead — bull-headed in his desire to waste this money? Mr. O’Dowd: Page 363 of the commission’s Given that there is no confidence in this system report states that this system is not physically cap- and that the machines cannot be adapted, it is able of modification to provide a full audit trail time to say this system cannot work. The fact the without unrealistic costs. If one goes down the 673 Priority 9 February 2005. Questions 674 road of a voter verifiable audit trail, it means term housing needs of about 5,000 current recipi- these machines are useless. ents of rent supplement.

Mr. Roche: The Deputy should remember Mr. Gilmore: I am afraid the Minister of State there are many contentions on both sides. In fact, did not answer the question I asked. Will he in submissions attached to the report, many address the recommendation in the NESC report extreme statements are made on issues. There are that this country will need an additional 73,000 different views among the specialists in this area. local authority social houses between now and A VVAT is not universally regarded as a sine qua 2011 and that an additional \500 million to \600 non of any voting system. million will be required each year for the social housing programme? Does he accept the target Mr. O’Dowd: It is a critical one for confidence. of an additional 73,000 is what is required? If he People must have confidence in the system, and accepts the target, what plans does he have to see the Minister knows that. it is implemented?

Social Housing. Mr. N. Ahern: The NESC report was published before Christmas and the Government is con- 56. Mr. Gilmore asked the Minister for the sidering it. Environment, Heritage and Local Government his views on the conclusions of the recent NESC Mr. Gilmore: They are very slow readers. report on housing, that an additional 73,000 social housing units must be built by 2011; the plans he Mr. Roche: They are very careful readers. has to increase social housing output to this level; the way in which it is intended to meet increased Mr. N. Ahern: The Government has yet to social housing targets in the larger urban areas, accept that report. The Department is working on in which building land is scarce; and if he will the matter. One can expect Government action make a statement on the matter. [4089/05] on, and consideration of, the matter in the coming months. Already this year, the number of starts is Minister of State at the Department of the up by 500 on last year. The capital envelope is \6 Environment, Heritage and Local Government billion for the period 2005-09. Whether this will (Mr. N. Ahern): I welcome the publication of the be increased is a matter for decision by Govern- NESC report. The report provides an important ment over the coming months. analysis of the Irish housing system and an agenda for the future development of policy. Mr. Gilmore: This is the third report on hous- Importantly, the report recognises that the gen- ing that the Minister of State has received during eral thrust of existing policy is well directed. The the past year. Before the NESC report there was Government is already examining the issues the report from the All-Party Oireachtas Com- raised in the report and will consider whatever mittee on the Constitution regarding building changes are required to better focus its efforts. land and the Goodbody report on land hoarding. The Government has successfully promoted a Every time I asked the Minister of State a ques- range of measures to provide additional social tion about housing during the past year, he housing in recent years and it is committed to replied that he was awaiting the NESC report. He maintaining strong programmes of social and has now received that report and has been read- affordable housing provision into the future. Five ing it since before Christmas. year action plans for social and affordable hous- The requirement for an estimated 73,000 ing have been developed by local authorities additional social housing units is the recommend- which will ensure that the resources available are ation that stands out on any reading. The Mini- used to best effect to make a real impact in ster of State’s Department has considered many response to the particular needs of the area. This housing strategies and housing assessments over will allow for the planning of activity for local recent years. Surely it is possible for him to authority own build, Part V arrangements and answer the simple question as to whether he output by the voluntary and co-operative hous- accepts this estimate of 73,000 units. It is not a ing sector. difficult question. That recommendation is con- Additional resources are being made available tained in the early chapters of the report. Even this year to further increase the output of social at his pace of reading, therefore, the Minister of housing. As a result, we expect that approxi- State should have reached that point by now. mately 5,500 new houses will be started under the main local authority programme and that the out- Mr. N. Ahern: I am aware of the points and put of the voluntary and co-operative housing recommendations made in the NESC report. sector will also increase. In total, my Department Those who compiled the report studied the situa- will spend a record \1.3 billion in Exchequer tion and came up with a consensus view. funding on supports for social and affordable However, it is a major decision for Government housing in 2005. This will enable the needs of whether the level of social housing output can be more than 13,000 households to be met this year increased to that degree over the next seven or through existing schemes and the new rent eight years. The Government will consider the accommodation scheme will address the long- issue. 675 Priority 9 February 2005. Questions 676

[Mr. N. Ahern.] ment and I expect a decision to be made within Deputy Gilmore is correct to the extent that the next two months. there have been three reports and that I have said on previous occasions that decisions would be Mr. Gilmore: We will return to this issue. made when those reports were received. That has not happened over the past four weeks. It will be An Leas-Cheann Comhairle: Question No. 57 done, however, although it will take a while. The cannot be taken because the Member is not NESC report contained a number of key recom- present. mendations, including an endorsement of the overall strategy and thrust of Government hous- Departmental Procurement Polices. ing policy. 58. Mr. McCormack asked the Minister for the Mr. Gilmore: I do not agree. Environment, Heritage and Local Government his views on the recent report by Mr. Dermot Mr. N. Ahern: This endorsement was also con- Quigley; his further views on the action his tained in the earlier part of the report. Department must take in light of the report; and if he will make a statement on the matter. Mr. Gilmore: There is a significant difference [4202/05] between the estimated figure of 73,000 and the Mr. Roche: This is a fine report which was pro- rate of output achieved by the Government. duced in exemplary fashion. It is a good example of the expediency that should attach to these Mr. N. Ahern: There are key decisions to be types of issues. made. There will be an increase of 500 in the On 27 January 2005, the Taoiseach directed number of units this year. To achieve the figure that arrangements be made to implement, as recommended in the NESC report, we will need appropriate, the recommendations of the Quigley to maintain that increase over a number of years report. I understand that advice to all Depart- into the future. ments in regard to the main recommendations of the report will be issued by the Department of Mr. Gilmore: I have one final question. The the Taoiseach shortly. The specific recommend- Minister of State has said this is a matter for the ation addressed to my Department is that it Government. When does he expect to bring his should review and consolidate its internal advice proposals arising from the NESC report to on all aspects of procurement. This recommend- Government? ation is accepted and will be implemented fully over the coming weeks. Mr. N. Ahern: Work is ongoing in this regard My Department is a large and complex organis- and I hope to do so within the next two months. ation dealing with 3,700 suppliers of a wide range Much of what is contained in the report is specific of goods and services. A relatively large number and it contains key recommendations. However, of officers are involved in procurement. Revised the report also observed that many issues require procedures are being put in place to strengthen further consideration. the monitoring and control of procurement and Mr. Gilmore: Does this mean the Minister of intensive briefing and refresher training is being State has read the report? arranged for all staff involved in this activity. Fur- thermore, additional resources are being allo- Mr. N. Ahern: As the Deputy said, I am a cated to the Department’s internal audit unit and slow reader. organisation unit. The latter co-ordinates advice and monitoring in regard to procurement Mr. Gilmore: It sounds like the Minister of activities. State has read it and not agreed with its recom- I am confident these arrangements, which will mendations. Now he seems to be trying to find a be implemented urgently, will enable my Depart- way to avoid implementing them. ment to achieve the improvement and consolidation of its procurement arrangements recom- Mr. N. Ahern: The report does not offer defini- mended by the excellent Quigley report. tive recommendations on all the issues. It observes that agreement was not reached on Mr. McCormack: I am pleased the Minister many of the points with which it dealt and that believes it is a fine report. It is surely time that these would require further consideration. This he apologises to the House and the public on will take place in the Department and in co-oper- behalf of the Government for subjecting us to this ation with the social partners through the housing sorry business. The Quigley report states that forum. There are many issues to tease out. things must change and that a perception of impropriety has been given. Mr. Gilmore: That is an energetic plan. What conclusions are we to draw from the dis- covery that the contract with Monica Leech Mr. N. Ahern: I accept that the fundamental Communications, which we were told was a vital issue relates to increasing the output of social part of the Department’s communications housing. This will be a matter for the Govern- strategy, was not renewed yesterday and that the 677 Priority 9 February 2005. Questions 678 position held by Ms Leech has been scrapped? Mr. Roche: It is an entirely fatuous Perhaps it is easier to sack a communications question—— executive than a Minister. Will the Minister comment on this? Mr. McCormack: It demands a simple answer.

Mr. Roche: It is an excellent report and the Mr. Roche: No, it is an entirely fatuous ques- conclusions which it reaches have not been portion. I have indicated my position on several trayed accurately in the somewhat brusque and occasions. politically apposite summary that Deputy McCormack has produced. Regarding the Mr. Gilmore: There is our answer. reappointment of the consultant in question, I have made it clear form the outset that my prefer- Mr. O’Dowd: Would the Minister resign if he were in his position—— ence is to rely on the Department’s press office and other departmental resources. Circumstances Mr. Roche: I am not he. change over time. It must be pointed out that the communications strategy at that time, which has Mr. O’Dowd: ——and if not, why not? concluded, was successful. Mr. McCormack: Because he has only been Mr. McCormack: I am sure the Minister is there a short time. aware that this contract has cost the Department and the Office of Public Works up to \400,000. I Mr. Roche: I will only resign if I do something understand that Ms Leech has still to tender her that deserves resignation. final bills in this matter. There is also the possibility of a second investigation into this sorry Waste Management. affair. Would the Minister have acted as his pre- 59. Mr. Gilmore asked the Minister for the decessor did? If the Minister believes that the Environment, Heritage and Local Government if previous Minister, Deputy Cullen, did nothing he will confirm the statement he made on a wrong, would he like to put on the record of the recent television programme (details supplied) House that he would do just as his predecessor that it is intended to proceed with the construc- did? tion of a municipal waste incinerator at Poolbeg, Dublin; the planning or approval process which is Mr. Roche: It is a hypothetical consideration as envisaged for this process; the approximate date to what I would do in those circumstances. by which the incinerator is intended to be operational; and if he will make a statement on the Mr. McCormack: I am only asking the matter. [4090/05] question. Mr. Roche: The requirement for a thermal Mr. Roche: Deputy McCormack is entitled to treatment facility was formally identified in ask and I am entitled to answer in the manner I Dublin’s regional waste management plan which consider appropriate. This is a hypothetical scen- was adopted by the four Dublin local authorities ario about which I am not willing to speculate. I in the late 1990s. In the context of the southern do not know what the situation was at the time. and eastern regional operational programme of However, I know that Mr. Quigley’s report puts the national development plan, my Department has provided Cohesion Fund assistance towards a somewhat different snas on the issues than that the planning of the Dublin region thermal treat- suggested by Deputy McCormack. I draw the ment project. Planning and procurement of the Deputy’s attention to what is said in the report in project has been advanced under the co-ordi- regard to the previous Minister and his nation of Dublin City Council and is now well intervention. advanced. The Deputy mentioned that a second investi- Given the intention to use a public private part- gation may take place. I am not in a position to nership to deliver the project, my Department comment on the decision that will be taken in this will wish to be satisfied that the procurement pro- regard by an independent body. cess has been properly conducted in accordance with the national and EU requirements and that Mr. McCormack: I am not getting a straight the selected tender provides good value. Beyond answer so I will ask one simple question. Does this, my Department will have no further involve- the Minister agree or disagree with what the pre- ment in sponsoring or financing the project. vious Minister, Deputy Cullen, did? A thermal treatment facility requires environmental impact assessment and processing through Mr. Roche: I have indicated neither because I the appropriate planning control requirements set did not know the state of play in the Department out in the Planning and Development Act 2000 at that time. and the licensing requirements set out in the Environmental Protection Agency Acts 1992 and Mr. Gilmore: The Minister should give an 2003. Since the outcome of these independent answer. statutory processes cannot be known in advance, 679 Priority 9 February 2005. Questions 680

[Mr. Roche.] will take some time to enact. I understand it is I am not in a position to say when a Dublin region intended to proceed with this project under exist- thermal treatment facility will become ing legislation. I have made it clear that would be operational. my wish.

Mr. Gilmore: I thank the Minister for his reply Mr. Gilmore: Based on what the Minister has which sets out the procedures that will need to said, am I to understand that the long planning be followed to allow an incinerator to be built in process and the licensing process which will Poolbeg. From his answer, can I take it that the inevitably surround the proposed incinerator in Minister is confirming what he recently told Poolbeg would be completed before we see the Ursula Halligan on her television programme legislation on critical infrastructure? that the incinerator in Poolbeg will proceed? Mr. Roche: That would not be a fair assump- Mr. Roche: As I said to the Deputy, the incin- tion to make from the response I have given. I erator project needs to go through a planning have been quite precise as to my wishes. With process. the help of the House I anticipate that the critical infrastructure Bill will get a relatively speedy Mr. Gilmore: We know all that. passage. We accept that it will take time to process this particular project under existing legis- Mr. Roche: Obviously if it gets the green light lation. However, if the project is in process, it is in the planning process, it can proceed, but if it under the existing process and not under some does not, then we will be back to the drawing future process. board. I made this point in my reply to the Deputy. I cannot predict the decisions of various An Leas-Cheann Comhairle: I will allow one independent boards on this project and I am sure further very brief question. the Deputy is not asking me to put myself in a position where I could be seen to influence those Mr. Gilmore: Does it then follow that every views. However, those decisions will be made project, incinerator, roads or whatever which is independently and they will determine the future already in a planning process will not be covered of the project in that particular location. by the infrastructure legislation? The newspapers have reported that at the insistence of the Mini- Mr. Gilmore: From the Minister’s reply, can I ster for Justice, Equality and Law Reform, the take it that no political decision has been made Government has decided to take the proposed by the Minister or the Government not to build Poolbeg incinerator out of the scope of proposed the incinerator in Poolbeg? infrastructure Bill. I will ask the Minister the straight question. Has that decision been taken? Mr. Roche: The Deputy can indeed take it. The Is it true that the Minister for Justice, Equality planning process needs to be followed. I do not and Law Reform has persuaded the Government intend to intervene in or interfere with what is to exempt the Poolbeg incinerator from the criti- an independent planning process. I am sure the cal infrastructure legislation? Deputy is not asking me to interfere with a decision which will be made by the local auth- Mr. Roche: The Deputy has been around for a orities in this city and county. long time and he must know that he should not Mr. Gilmore: Will it be included within the believe everything he reads, regardless of how remit of the legislation to fast-track infrastruc- good the newspapers in this country are. ture projects? Mr. Gilmore: That is why I am asking. Mr. Roche: That is a very fair question. With regard to whether this project will be covered by Mr. Roche: There has been no insistence. I the strategic infrastructure Bill, I understand that have given a number of interviews on this issue it is the intention of Dublin City Council, as the and made my view clear. It will take some time co-ordinator in the project, to submit it for pro- for the strategic infrastructure Bill to be passed. cessing under existing legislation. To save the This project is in process at the moment. My Deputy asking a further supplementary question, view is—— it would be my wish that it should proceed under existing legislation. Mr. Gilmore: From what the Minister is saying, it looks it will be built before the Minister for Mr. Gilmore: The Minister has announced that Justice, Equality and Law Reform leaves office. he will shortly introduce legislation to fast-track infrastructural projects. Has a decision been Mr. Roche: I am sure the Minister for Justice, made, as reported, to exclude the Poolbeg incin- Equality and Law Reform, Deputy McDowell, erator from the remit of that legislation? will hold office for a long time.

Mr. Roche: That does not arise. The strategic Mr. Gilmore: Not if we have anything to do infrastructure Bill is complex legislation which with it. 681 Priority 9 February 2005. Questions 682

Mr. Roche: He certainly is deserving of such. Department sought the advice of the Attorney General on foot of that recommendation. The Mr. McCormack: He might not be in office by effect of the advice was that the Act applies to the end of this term the way the Government is the hunting of deer by the Ward Union Hunt and going. that the Minister should interpret the legislation to mean that he has the right to issue licences. An Leas-Cheann Comhairle: As the House is Section 26(1) of the 1976 Act, which refers to the still within the 30 minutes allowed for Priority hunting of deer, does not mention wild deer. If Questions and Deputy Gregory is now present, I one examines the Wildlife (Amendment) Act call Question No. 57. 2000, one will see that far from weakening the force of the advice given to the Department in Hunting Licences. 1999, it seems to corroborate it. Section 6 of the 57. Mr. Gregory asked the Minister for the 2000 Act amends section 2 of the 1976 Act by Environment, Heritage and Local Government providing for a new definition of “wild animal” the status of the deer hunted by the Ward Union as follows: Hunt; if these deer are wild or domesticated; and “‘wild animal’ includes an individual of a popu- if he will make a statement on the matter. lation which primarily lives independent of [4095/05] human husbandry but does not include— Minister of State at the Department of the (a) wild birds, or Environment, Heritage and Local Government (Mr. B. O’Keeffe): Section 26(1) of the Wildlife (b) species of fish or aquatic invertebrate Act 1976, as amended, provides that the Minister animals.” for the Environment, Heritage and Local Although the part of section 26 of the 1976 Act Government may grant to the master or other that deals with the hunting of otters was amended person in charge of a pack of stag hounds, a by the 2000 Act, no change was made to confirm licence authorising the hunting of deer by that that point. The Department considers that its pack during such period or periods as is or are interpretation is the correct one. specified in the licence. Under this provision, licences have been issued annually to the Ward Mr. Gregory: I will not repeat the three specific Union Hunt on a long-standing basis, subject to questions I asked that the Minister of State did appropriate conditions. not answer, but I will ask a further specific ques- Legal advice was obtained through the Office tion, which I hope he will answer. Does the Mini- of Attorney General in 1999 which confirmed the ster of State accept that his officials, who have long-standing interpretation of section 26 that it direct responsibility for operating and enforcing provides for the licensing of carted deer hunting the Wildlife Act 1976, advised in a memorandum irrespective of the status of the deer, wild or cap- that was made available under the Freedom of tive. In view of this, it is not relevant to the exer- Information Act 1997 that licences should not be cise of this licensing function to determine granted to the Ward Union Hunt to hunt deer whether the deer are wild or captive and it would from Greenpark, County Meath, because they be inappropriate to seek to administer licensing are domesticated and tame animals? Does the on the basis of this distinction. Minister not realise that he is in breach of the Protection of Animals Act 1911 because he has Mr. Gregory: Will the Minister of State answer licensed a group to hunt tame deer? This matter the question tabled? What is the status of the will come before the courts sooner or later. Is it deer hunted by the Ward Union Hunt? In the true that the Ward Union Hunt is being granted view of the Minister of State, his such licences in clear breach of the 1911 Act, as 3 o’clock advisers and officials, are they dom- well as the 1976 Act, which deals exclusively with esticated farmed tame deer, as we all wild animals, because it is controlled by some of know them to be, or are they wild? As the Mini- the richest, most powerful and most influential ster of State has referred to section 26(1) of the developers and businessmen in this country? I Wildlife Act, does he not agree that the Long hope that is not the case. Title of and the Preamble to that Act specifically state that the legislation deals exclusively with Mr. B. O’Keeffe: The Minister and the officials wild animals? If the Minister grants licences to in the Department do not know who is involved the Ward Union Hunt to hunt farmed tame dom- in the Ward Union Hunt. esticated deer, does the Minister of State not accept he is in breach of the Protection of Ani- Mr. Gregory: They must not read the mals Act 1911, which expressly forbids terrorising newspapers. or causing unnecessary suffering to any domesticated animal? Mr. B. O’Keeffe: There is certainly no suggestion that they are interested in who is involved in Mr. B. O’Keeffe: In its 1998 report, the Heri- the hunt. The Deputy raised a valid question tage Council recommended that the legal status about the series of questions asked by officials of the deer be determined in accordance with within the Department. I accept that the officials section 26(1) of the Wildlife Act 1976. The from the Department’s wildlife section were 683 Other 9 February 2005. Questions 684

[Mr. B. O’Keeffe.] Mr. Gregory: Why does the Minister of State carrying out their responsibilities in a conscien- not answer my question? tious manner by asking such questions and expressing their views. Mr. B. O’Keeffe: It does not arise within the terms of the 1976 Act. The Attorney General has Mr. Gregory: Unlike the Minister. expressed the clear opinion that the Ward Union Hunt is entitled to apply for a licence and the Mr. B. O’Keeffe: The questions they raised Department is entitled to issue a licence. There is were carefully examined within the Department. no problem if the hunt stays within the remit of The conclusion that was reached was that because the licence under the Act, as it has done. It is the term “wild animal” was not found in section important to note that the hunt has been moni- 26 of the Wildlife Act 1976, the operation of that tored and it has been verified that it has stayed provision could not be considered to be affected within the remit of its licence. The licence has by the definition. When considering the issuing of been granted and renewed on the basis of a series licences, the Minister has no choice but to grant of conditions. The Ward Union Hunt has com- licences when it is considered that an application plied with all such conditions on all instances to is within the terms of the Act, as long as those date. involved operate within the terms of their licence. A section within the Department of the Envir- Mr. Gregory: I would like to make a brief onment, Heritage and Local Government moni- final point. tors such operations, in effect. That monitoring is done by rangers employed by the Department An Leas-Cheann Comhairle: That concludes and veterinary officials employed by the Depart- Priority Questions. ment of Agriculture and Food. Both groups are Mr. Gregory: If the Minister of State had satisfied with the operation of the hunt in ques- answered the question—— tion. The Department of the Environment, Heri- tage and Local Government is satisfied that it is Mr. B. O’Keeffe: If the Deputy had listened to operating within the terms of the 1976 Act. If the earlier statement, he would have heard his there is a challenge, the courts can make a question answered. decision. The Department, armed with the considered opinion of the Attorney General and its Mr. Gregory: I did not ask any of the questions interpretation of the Act, is satisfied that it is act- the Minister of State seemed to be answering. ing within the remit of the 1976 Act. Mr. B. O’Keeffe: If the Deputy wants to be Mr. Gregory: May I ask a final supplementary deaf to the actual answer, that is fine. question? If the Minister of State believes everything he has said, why has he consistently refused Mr. Gregory: He did not respond to any of the to answer Question No. 57 on the Order Paper? points I made. The question asks him to outline “the status of the deer hunted by the Ward Union Hunt” and Mr. F. McGrath: What about the Ward Union to state whether they “are wild or domesticated”. Hunt’s prisoner connections? Why has he refused to answer that question? The implication of his statement that there is no men- Other Questions. tion of wild deer in the Wildlife Act 1976 is that the deer are tame and domesticated farmed ani- ———— mals. His comments imply that the deer in question are tame and domesticated. The Minister of Housing Policy. State is shaking his head now. Will he answer the original Question No. 57 on the Order Paper? 60. Mr. Deasy asked the Minister for the Envir- Are the animals wild or tame? onment, Heritage and Local Government if he will make a statement on the report of the hous- Mr. B. O’Keeffe: The first thing I will say is ing policy unit on the changes to the system of that the Deputy will not interpret for me. The housing provision and housing policy here since question he has asked, whether the animals are 1990; the action he intends to take as a result; and wild or tame, does not arise—— if he will make a statement on the matter. [4037/05] Mr. Gregory: It is on the Order Paper. Mr. N. Ahern: The recently published Housing Policy Review 1990-2002, which is available in the Mr. B. O’Keeffe: ——within the 1976 Act. If Oireachtas Library, was produced by the housing the Deputy had listened to my initial response, he unit at the request of the Department of the would have—— Environment, Heritage and Local Government. The primary purpose of the report is to document Mr. Gregory: I know the Act back to front. the principal changes to the system of housing provision and policy in Ireland since 1990. It also Mr. B. O’Keeffe: So do I. outlines recent social and economic devel- 685 Other 9 February 2005. Questions 686 opments which have impacted on housing and the Mr. N. Ahern: I am not sure which proposal range of market and non-market housing options the Deputy is talking about. which are available. Its target audience is housing researchers, practitioners and students. Mr. O’Dowd: I am talking about those to which The report outlines the factors influencing the Minister of State referred. housing and the housing market which have changed dramatically since 1990. It examines how Mr. N. Ahern: There are different proposals the Government’s housing policy has had to and these are being examined. It is not a case of adapt accordingly. The report notes that since our running with every one that is made. 1990, the response to the broad range of housing needs has developed with the introduction of a Mr. O’Dowd: There is a major proposal offer- range of better-targeted schemes aimed at those ing to take on the burden of social housing. on low incomes and those with special housing needs. Mr. N. Ahern: Some have merit and others While the primary purpose of the report was to have not. Fundamentally, we are not just con- document recent developments, it also highlights sidering different proposals but trying all the time issues in some areas that merit further examin- to increase our resources. A sum of \1.3 billion ation. The report provides useful background has been allocated this year for Exchequer- information for the review of the effectiveness of funded housing. social and affordable housing, which is being con- We are considering other proposals but we ducted in accordance with a commitment in Sus- must ascertain whether they represent good long- taining Progress. Some of the issues raised were term value. They can sometimes look very referred to in the recent NESC report on housing attractive and innovative but can also be very and are being examined by the Government in simplistic. We must consider the long-term bene- the context of its consideration of that report. fits of the suggestions. Although they might provide housing in the shorter term, they must also Mr. O’Dowd: Given that more than 50,000 represent good value to the taxpayer. Every angle people are on the social housing waiting list, is it of the proposals must be considered. not time for a change in the Government’s strategy on foot of reports of this nature? Is the Mr. Gilmore: How many reports on housing Minister of State prepared to examine a proposal policy is the Minister of State considering? made by the construction industry to enter into a public private partnership with the Government Mr. N. Ahern: The main three are those men- to build more houses to be used by the Govern- tioned by the Deputy. The NESC report is not ment as social housing? It is likely that the build- really a report. I am not quite sure what ing industry will have spare capacity this year and proposal—— next year. It seems that we have reached the limit on the number of houses people want to buy. Will Mr. Gilmore: Four. the Minister of State consider the construction industry’s proposal to build houses by means of a Mr. N. Ahern: That is more or less an historical public private partnership and then rent them to report. It is mainly meant to target practitioners local authority tenants or make them available and researchers although it contains some ideas. under affordable housing schemes? The construc- The housing sector is one of the largest sectors tion industry would benefit from the payment it in the economy. There will never be a day on would receive in that way. which all reports and policies are decided upon.

Mr. N. Ahern: The last assessment showed that Mr. Gilmore: Not while the Minister of State is 48,000 families were on the social housing list. in power. Some public private partnership projects are in operation. Fatima Mansions is being redeveloped Mr. N. Ahern: Policy changes are important as part of a PPP arrangement under the regener- and some key changes may be made shortly. That ation scheme. The same applies to O’Devaney said, one must ascertain the most effective way to Gardens. We are encouraging and are interested spend the \1.3 billion in Exchequer funding. in PPP projects. When combined with the non-Exchequer fund- Other innovative and interesting suggestions ing, the total amounts to almost \2 billion. Policy are being made regarding which there are changes are fine and take up some time and ongoing discussions with the construction indus- energy, but one must also focus on whether hous- try. On regeneration specifically, we are already ing is being delivered and resources are being involved in some PPP arrangements and we look spent in the proper way while at the same time forward to developing further options in that considering other ideas that come forward. Given regard. that the housing sector is now so significant to the construction industry and the economy generally, Mr. O’Dowd: When does the Minister of State many outside bodies are making submissions, expect to make an announcement on the pro- producing reports and talking about how we posals under consideration? should do our business. 687 Other 9 February 2005. Questions 688

EU Directives. Mr. Gilmore: Does the Minister accept that those buying houses this week and who have 61. Ms Burton asked the Minister for the bought them are not aware that from 4 January Environment, Heritage and Local Government 2006 they will, if selling those houses, be required his plans to ensure that Ireland will comply with under European law to produce a certificate on the EU energy performance of buildings directive their energy efficiency? Does he accept that since by 1 January 2006; if all buildings which are under the directive will apply to houses that are to be construction or which will commence construc- purchased or let after 4 January next year, houses tion in 2005 will comply with the requirements of currently under construction will come under the the directive; and if he will make a statement on remit of the directive? the matter. [3922/05] The Minister is delaying the introduction of the 128. Mr. Gogarty asked the Minister for the directive. The derogation to which he referred, Environment, Heritage and Local Government if, namely the extension of the implementation in regard to the energy performance of buildings period to 2009, only applies to some technical directive (details supplied), he has satisfied him- aspects of the directive such as the appointment self that sufficiently qualified auditors will be of inspectors. However, the main thrust of the available here or elsewhere in the Union to directive will require energy labelling of every ensure that new buildings will carry an energy rat- building sold, let or built after 4 January 2006. ing label from 2006; and if he intends to defer this Does the Minister not agree that proposals on aspect of the directive’s introduction until this matter are urgently required? 2009. [3928/05] People looking at showhouses this week are not being told that if they buy them, they will Mr. Roche: I propose to take Questions Nos. have to produce certificates on their energy 61 and 128 together. efficiency when they resell them. If a house is The energy performance of buildings directive, built with a cavity block or built in some other Directive 2002/91/EC, was adopted on 16 energy-inefficient manner, its owner will have a December 2002. EU member states must legally problem and will be at a loss. Many who have transpose the directive by 4 January 2006. I plan bought houses recently will be saddled with a loss to include the principal transposition provisions on the resale of their houses. Will the Minister in the proposed building control Bill 2005, which come clean to those buying homes or who own is due to be published in mid-2005. homes and inform them that they face a major The directive provides for a longer period, up shock next January? Is it not the case that the to 4 January 2009, for the practical implemen- slow pace at which he is introducing the regu- tation of more complex provisions. These pro- lations and giving effect to the directive is not visions pertain to mandatory energy performance helping anybody? rating or “labelling” of newly constructed buildings and of existing buildings when they are sold Mr. Cuffe: Does the Minster agree that the energy performance of buildings is crucial to or let; improvement of the energy efficiency of meeting our obligations under the Kyoto Proto- boilers; and mandatory inspection of air con- col on greenhouse gas emissions? Does he agree ditioning systems. Accordingly, the EU directive that the construction sector is one of the few sec- does not require that buildings under construc- tors in which we can make real change right now? tion or commencing construction in 2005 must Is he aware that the derogation on this directive comply with the energy performance rating is only available if there are no qualified people requirements. to implement it within the entire European An interdepartmental working group has Union? Why is the Minister putting this issue on drawn up a draft action plan for the implemen- the long finger? Is he doing so because he is being tation of the directive according to a proposed lobbied by the construction industry? Given that timetable. It provides for the development of an people are entitled to an energy rating label on a appropriate rating methodology and the training fridge, they should surely be entitled to one for of auditors for building energy performance rat- their homes when they buy them. ing purposes. The working group comprises senior officials from the Department of the Mr. McCormack: Many new and effective Environment, Heritage and Local Government, energy-saving devices are available and they the Department of Communications, Marine and improve every day in respect of insulation for Natural Resources and Sustainable Energy internal and exposed walls. Ireland. When and how will the directive be Sustainable Energy Ireland submitted a draft implemented? If we knew that, householders and of the action plan, on behalf of the inter- those selling their houses might know where departmental working group, for my approval on they stand. 7 December 2004. However, Sustainable Energy Ireland advised me on 21 January 2005 that a Mr. Roche: I thank the Deputies for their con- revised draft of the plan incorporating a revised tributions but they characterise the urgency of timetable would be forwarded to me. I expect to this matter very inaccurately. I am aware of this receive the revised draft shortly. problem. Most EU member states find the imple- 689 Other 9 February 2005. Questions 690 mentation of this Bill very complex. I agree it is believe that any section of that industry can whis- important to have the label as soon as possible. per in my ear. This is not the only country that will experience difficulties in this regard. Contrary to what the Mr. McCormack: Maybe they are shouting Deputies have suggested, Ireland is one of the into it. few member states known to be planning to publish an integrated action plan for implementation Mr. Roche: They have to do that to Deputy of all aspects of the directive. McCormack. It is not correct to say that the possible dero- gations are narrow. The provisions are complex Mr. O’Dowd: Do they go into the Fianna Fa´il and the possibilities of derogation being there tent in Galway? until 4 January 2009 was prudently examined. It is wrong, and unjust to suggest that there is foot- Mr. Roche: The Deputies should be careful. I dragging in this regard. Work is ongoing. It is a will not go down the avenue into which they are complex area. I will introduce it as soon as drawing me. Nobody has lobbied me on this issue. possible. Deputy Gilmore is probably correct in saying Mr. McCormack: The Minister is being lob- that many people are not aware of what this and bied now. many other European directives contain. The reality facing me, and my Department, however, Mr. Roche: Deputy Cuffe’s paranoia in this is an extremely complex directive that must and regard is misplaced. No one has whispered in my will be implemented. There is no attempt to put ear or otherwise lobbied me. it on the long finger. Mr. Cuffe: I thought the Minister described me Mr. Gilmore: As we are so often told in this as a realist. House the country is producing record numbers of houses, which we all welcome. It does not Mr. Roche: I have never described Deputy make sense that so many houses are being built, Cuffe as a realist. I am too friendly with him to and will be, which will fall short of the require- describe him as I think he is but a realist is not ments for energy efficiency labelling. I appreciate one of the descriptions I would use. that it takes time to put the legislation in place Nobody has lobbied me on this issue and there and regulations arising out of it, and so on, but has been no general lobbying of which I am some steps should be taken now to ensure that aware. It is complex, as is recognised in the body the materials used in house-building, design and of the directive. Deputy Cuffe is correct, we insulation are such that homes under construction should get this up and running as soon as possible will be at the top of the energy labelling but it is difficult. requirements. Deputy Cuffe asked about auditors. There will It seems quite unfair that the Government be no surplus in the European Union, there will knows that from next January people re-selling probably be shortages in that regard. That is why or letting their houses must produce a certificate we must undertake some training on the issue. of energy efficiency. Nevertheless, the Govern- To answer Deputy Gilmore, it is not possible ment allows construction to continue in a way retrospectively to change the existing arrange- that is not energy efficient. I agree with Deputy ments. His point about public knowledge may or Cuffe that the Government is responding to may not be correct. My Department and I are pressure from the construction industry, and trying to put in train the operations which will allied industries, which are quite hostile to the bring this into effect as expeditiously as possible. development of energy efficient means of con- It is very complex and cannot be done overnight. struction. Mr. Gilmore: The Minister might require the Mr. Cuffe: There is a history of broken prom- vendors, particularly of new houses, to provide ises in regard to introducing more efficient an information notice or warning to prospective measures in the building industry. For example, purchasers that after January next the dwellings in the climate change strategy this Government will require an energy certificate if they are to promised to introduce incentives by the end of be resold. That is only fair. People buying houses 2003 on building leases to encourage higher insu- should know this. lation levels. It is on course to break another. Is the cement Mr. Roche: Hopefully the exchanges we have lobby whispering in the Minister’s ear? Will this had today will go some way to help redress the result in the European Commission yet again tak- lack of public information on this issue. Deputy ing the Government to court because it is not Gilmore’s suggestion may not be very practical implementing directives in a timely manner? but I will consider anything the Deputies propose because this is a serious issue and will continue Mr. Roche: I am frankly surprised, given all to be so. Questions arise about how to implement that I have said about certain sectors of the indus- the directive and determine whether the vendor try over the years, that Deputy Cuffe should has responsibilities or the purchaser has sole 691 Other 9 February 2005. Questions 692

[Mr. Roche.] regard to young families who must buy in a ring responsibility, which does not seem fair but it is around the city? I hear the Taoiseach is to build too early to answer them. a new ring road even further out from the city to accommodate them because they cannot afford to House Prices. buy in Dublin. 62. Mr. Howlin asked the Minister for the What are the consequences of this in terms of Environment, Heritage and Local Government schools and key workers not being able to live in the average increase in the price of a new house Dublin? Does the Minister have plans to investi- and a second hand house in Dublin and the rest gate the impact of house prices, particularly in of the country during 2004; the anticipated level Dublin, and the demographic changes taking of increase during 2005; and if he will make a place in Dublin? The last census showed the statement on the matter. [3895/05] degree to which the demographics of the inner suburbs are aging, with no young families because Mr. N. Ahern: The rate of house price increase they cannot afford to buy or live there. has generally declined in recent quarters and is Consequences follow from this but what will be now considerably lower than in the late 1990s. done? There is no foreseeable prospect of house prices in Dublin declining, although the rate of Mr. Gilmore: Will the Minister of State repeat increase may slow, as the Minister stated. that please? However, a 9% or 10% increase is still three or four times the rate of inflation and, on the basis Mr. N. Ahern: The rate of house price increase of current house prices in Dublin, means that a has generally declined in recent quarters and is house price in Dublin is rising between \30,000 now considerably lower than in the late 1990s. and \40,000 per year. What will the Minister do The figures for the third quarter of 2004 show this about house prices in Dublin? trend continuing with rates of increase well below those in 2003. The latest increases for new houses Mr. N. Ahern: The average price of a new nationally are 10.6% and in Dublin, 9.9%; for house in Dublin is \324,000 but that is the aver- second-hand houses nationally, 10%, and in age price of all new houses. If one analyses the Dublin, 9.1%. While my Department does not starter home end of the market, plenty of houses forecast house prices, several market commen- are available in Dublin, certainly on the north tators predict that the trend in prices will increase side with which I am familiar, in the \230,000 to moderately this year. The likelihood of this is \270,000 bracket. Affordable houses are being underpinned by the trend of housing output, with promoted under the various schemes, the details 2004 likely to be the 10th year of record housing of which I will not go into, and it is only a few output and indications of a continued high level months since I opened affordable houses in Bal- of output in 2005 and subsequent years. briggan priced at \140,000 for two bedroom The Government will continue to promote houses and \160,000 for three bedroom houses. moderation in house prices through effective Some people in a certain income bracket are policies, including measures to ensure adequate under pressure and we are trying to help them housing supply in keeping with demand in the through the various schemes. There was an over- context of balanced and sustainable growth of the concentration by first-time buyers on the new housing market. rather than the second-hand house market and this is why stamp duty was reduced in the budget. Mr. Gilmore: I invite the Minister back to this \ planet because whatever planet he is on, it is not This has benefited many people by up to 12,000 the case that houses prices are going down, as he so that instead of buying a new house 20 miles seemed to infer in his--—— out of the city, many new buyers are in a more competitive position to buy in the older suburbs Mr. N. Ahern: I did not say that. than they were some months ago. The issue is not just about price but afford- Mr. Gilmore: I know what the Minister of State ability. Figures show that houses are now more said. He said “The rate of house price increase”. affordable than at the time of the 1992 financial I know what he means by this, namely, that it is crisis. Interest rates are historically low, disposal 10% now, for example, and was a higher percent- income is higher than ever and tax rates are low. age last year. However, the message the Minister People have the money and, by and large, are is trying to communicate every time he refers to managing. this is that house prices are coming down, The key aspect for the Government is to whereas they are not. encourage and maximise output. Although the I want to focus in particular on Dublin because, final figures for 2004 are not yet available, the as we all know, the average house price in Dublin latest output figures for that year showed is at least \100,000 dearer than it is in general in approximately a 12.5% increase over the previous the rest of the country, even for the smallest unit. year. Therefore, it seems the output for last year Does the Minister accept that young families on was approximately 75,000 to 77,000 new housing normal middle incomes cannot afford to buy a units, whereas ten years ago that figure was in home in Dublin and that what happens in the the low 20,000s. By maximising and encouraging capital city has a doughnut effect, particularly in supply, it is now practically equal to demand. 693 Other 9 February 2005. Questions 694

However, houses are available for the young hand houses, whereas sadly, a couple of years ago couples to which Deputy Gilmore referred. There house price increases were running at more than is a good supply of houses in the \230,000 to 30%. \250,000 bracket. Mr. McCormack: From a lower base. Mr. McCormack: I was glad to hear the Mini- ster acknowledge, following his first outburst Mr. N. Ahern: VAT on new houses is 13.5%. I when he pretended the price increase was less accept there was a 1% increase in recent years, than in the 1990s, that there was a 10.6% increase increasing the price by \2,000 on a \200,000 in new house prices and a 10% increase in house. I also accept the first-time buyer’s grant second-hand house prices. The Minister stated of some \3,800 was abolished. However, I cannot many times since taking up his current post that understand why people are upset and keep he is doing everything in his power to keep down focussing on relatively small matters like this. the price of houses. How much of the increase in house prices is a direct result of Government Mr. McCormack: It is not small. policy? For example, the now departed Minister for Mr. O’Dowd: People cannot buy a house. That Finance, Mr. McCreevy, who got the yellow card is the problem. and went to Europe, increased VAT on building materials by 1%, which added between \10,000 Mr. N. Ahern: The stamp duty reduction gave and \15,000 to the price of a house. In the same many people a reduction of more than \11,500, budget, the former Minister abolished the first- which puts the 1% VAT increase into perspec- time buyer’s grant. Instead of having me tell the tive. The 1% increase was buttons compared to Minister the figures, will he tell me how much of the stamp duty reduction. the increased cost of new houses relates directly to decisions taken by the Government since he Mr. McCormack: How much did it add to the took up his current position? cost of a house?

Mr. Timmins: On that point, is the Minister Mr. N. Ahern: The first-time buyers are back concerned that the levies placed on units and the in the second-hand house market in a huge way additional levies placed by local authorities on and are moving back into areas to which Deputy infrastructural projects, which are being put in Gilmore referred, where there were elderly popu- place to compensate for the shortfall in Govern- lations. If the type of people who bought new ment funding for construction projects, are houses are now buying second-hand houses, this adding to the cost of houses? What is the Mini- should relax the pressure on the new house ster’s view? market. Let us concentrate on the big picture which is that many people have saved \12,000 Mr. McCormack: The householder is now pay- because of changes in stamp duty. ing benchmarking. Deputy Timmins referred to levies. I believe that people who own land should pay a proper Mr. Morgan: On what does the Minister base charge and not walk away with the profit that his claim that the reduction in stamp duty in the accrues from the sale of the land. The notion that budget is causing house prices to reduce? Spokes- the Government should build on the land and persons for the auctioneers state that young provide the drains, sewers, schools and transport, couples are using the money made available due and the person who owns the land should put a to the reduction in stamp duty to put deposits on fortune in his or her pocket and let someone else houses. They claim that house prices have pick up the tab is nonsense. increased by several thousand euro as a result. Is the Minister seriously considering measures to Mr. Timmins: I agree with the Minister of State reduce the price of houses? Does he prefer high if everyone gets the benefit. prices because they might suit developers? Mr. N. Ahern: It is right and proper that land- Mr. Cuffe: I am sure the Minister would con- owners who make a fortune should make a concede that his use of statistics would make a math- tribution to the services necessary for the houses ematician blush. House prices are at their highest that will be built. levels ever. Does the Minister concede that completion of local authority housing is at the lowest Mr. McCormack: The householders are paying. level it has been in a generation? Does he accept we are failing to meet our targets in terms of Mr. N. Ahern: Deputy Morgan referred to auc- social and affordable house completions? Does tioneers. We saw one of them on television on he further accept the numbers on housing lists are the night of the budget saying that it is their job at their highest level in decades? to increase the price as best they can. One must understand where these people are coming from. Mr. N. Ahern: I was not pretending anything. I I met the gentleman afterwards and he said that simply stated that the rate of house price increase the programme was edited badly and that he was was at 10.6% for new houses and 10% for second- embarrassed by what was shown. 695 Adjournment 9 February 2005. Debate Matters 696

(Interruptions). Mr. N. Ahern: That is a small segment of the market. At that level, we must be very close to Mr. Gilmore: The Minister of State will be the point where supply equals demand. hearing from him again. Environmental Policy. Mr. N. Ahern: He was honest about his job 63. Mr. Ring asked the Minister for the Envir- which is to maximise the price he gets for the onment, Heritage and Local Government if he seller. Once we understand that, we can be selec- intends to extend the ban on bituminous coal to tive in listening to people. other areas; and if he will make a statement on First-time buyers of a second-hand house will the matter. [4079/05] be \12,000 better off in bidding for the house than they were before the budget. Mr. B. O’Keeffe: The June 2002 voluntary agreement between my Department and the solid Mr. Morgan: The cost remains the same fuel trade group provided, inter alia, for the deliv- because prices have increased again. ery of significantly cleaner standards for bituminous coal and petcoke on a phased basis. The Mr. Gilmore: The Minister of State is living in agreement encompassed the extension of the coal cloud cuckooland. ban to four new areas from October 2003 and an increase in market penetration of smokeless fuel Mr. N. Ahern: Deputy Cuffe is correct. The in a further four areas. It was agreed that the amount of social housing being built in percent- Department would not seek to designate further age terms vis-a`-vis overall house production has coal ban areas during the life of the agreement, not kept pace. except where required to ensure adherence to air quality standards. The agreement also provided Mr. Morgan: The nutty professor regime. for an initial review by the end of 2003 and a final review by the end of 2004, with the ambition of Mr. N. Ahern: At one time, we built approxi- setting further targets from 2005 onwards. mately 6,000 or 7,000 local authority houses when My Department reviewed the operation of the the total house production was 25,000. voluntary agreement in 2003. However, the final review due by the end of December 2004 was Mr. Cuffe: They were much poorer times than postponed following the granting of a mora- now. torium on the step-down to 2004 sulphur levels in petcoke for the 2004-05 heating season. The Mr. N. Ahern: The level of social housing out- moratorium was requested by the trade group put, by and large, decreased significantly in the and was granted to help the industry through a late 1980s because there was no demand for it, difficult interim supply period, triggered by there were empty houses in many estates in exceptional levels of demand for petcoke ton- Dublin and, while the level of overall house pro- nages internationally, which made the sourcing of duction has increased significantly, the level of lower sulphur fuels problematic for the industry. social housing output has not increased com- mensurate to that. When the Government gets Additional information not given on the floor of around to dealing with the NESC report, that the House issue might be solved. It is intended to undertake the final review The last census indicated that the population when the 2004-05 heating season is concluded. At increased by 18% in the age group between 25 that stage, all parties will be in a better position and 34 years. These are the people who are buy- to assess both the effect of the agreement over ing homes. This is the key household formation three heating seasons and the future market sup- age group. There is an enormous number of ply situation, and to explore further how to maxi- people in the market for buying houses. It is cor- mise environmental benefits from the solid fuel rect that we have gone through six, eight or ten sector. I do not intend to extend the ban on the years of pressure in the housing market, but the marketing, sale and distribution of bituminous only way of meeting this demand is by increasing coal before completion of the final review. housing density and maximising the output of houses, which the Government has done, so that Written answers follow Adjournment debate. we can reach a position where supply equals demand. The figures for 2004 indicate that 75,000 Adjournment Debate Matters. or 77,000 houses were built, which is an enormous number. Most people agree that the number has An Leas-Cheann Comhairle: I wish to advise now probably reached its peak. We need to keep the House of the following matters in respect of to a substantial level over the next couple of which notice has been given under Standing years, but it may dip back a little. That is an enor- Order 21 and the name of the Member in each mous increase. Ten years ago, we were building case: (1) Deputy Ring — to ask the Minister the just 21,000 or 23,000 houses. reason elective surgery in the new orthopaedic unit in Mayo General Hospital was cancelled; (2) Mr. Gilmore: One quarter of them are holiday Deputy Breeda Moynihan-Cronin — the shortage homes. of funding for the Kerry Rape and Sexual Abuse 697 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 698

Centre which is detrimental to the services which tax net and give significant benefits to all tax- it provides; (3) Deputy Hayes — to ask the Mini- payers, but the increased revenue provided under ster when the promised funding for the develop- the Bill ensures that the Minister can make pro- ment of Our Lady’s Hospital, Cashel, will be vision for greater public spending in vital areas made available; (4) Deputy Durkan — the need- such as health, social welfare and education. This less hardship caused to applicants for rent sup- is not a conjuring trick, but the result of increased port in north Kildare by the application of the tax revenue because of increased economic cuts imposed in the 2005 budget (details growth and a significant clampdown on tax evad- supplied); (5) Deputy Boyle — that the Minister ers and tax avoidance. comment on recent job loss announcements in The Minister can announce that we have one the greater Cork area and his plans for alternative of the lowest rates of unemployment and one of employment; (6) Deputy Neville — the construc- the lowest rates of inflation in the European tion of a new school at Kilfinane; (7) Deputy Union and that our rate of public debt to GDP is Upton — that the Minister outlines his views on at an all-time low. Not only is it a balanced proposed reforms to address the problem of chil- budget, but we can put aside savings for further dren under 16 being induced into signing con- contingencies such as pensions. Most of the Bill tracts; (8) Deputy Hoctor — that the Minister is of a highly technical nature, and I will discuss it provide a timeframe for the start-up of the section by section. However, I acknowledge that I BreastCheck screening service for women in the am relying for my comments to a great extent on mid-west region; (9) Deputy Naughten — if the the Bill’s explanatory memorandum. Minister will intervene in the sugar beet transport The Bill could only have been framed against crisis in light of Greencore’s failure to obtain a a background of a highly successful economy, and rail depot in County Carlow for the transport of most of it is good news piled on good news. That beet; (10) Deputy Fiona O’Malley — to discuss is why I particularly wish to lend my support to the erection of phone masts along the DART the remarks made by the Minister, Deputy lines in the absence of planning permission. Cowen, about increased Government spending. The matters raised by Deputies Ring, Moyni- This is not a question of simply letting the good han-Cronin, Hoctor and Boyle have been selec- times roll, rather it is one of recognising that ted for discussion. these are good times but that they may not last forever and, therefore, we must ensure that we make the best of them. It has often been Finance Bill 2005: Second Stage (Resumed). remarked in the past that a rising tide lifts all boats. Sea´n Lemass often made that point, and it Question again proposed: “That the Bill be is true. One of his successors, the Taoiseach, now read a Second Time.” Deputy Bertie Ahern, has reminded us time and An Leas-Cheann Comhairle: Deputy again of social inclusion ideals and the need to O’Connor was in possession and he has 17 ensure that a rising tide can also set some boats minutes remaining in the time speaking slot. He adrift if they are not properly anchored, which is is sharing time with Deputy Gormley. something to which we must give attention. Now that our economy is in good shape, we must Mr. O’Connor: Before the break I spoke about ensure that we spend the benefits of our success the efforts of the Minister, Deputy Cowen. I wisely and build for a future where circumstances praised his efforts 70 days ago in introducing the may not be so favourable. budget, which was well received on all sides. I We cannot expect the Minister for Finance to want to examine the list of positive measures in continue to come into this House every year with the Bill. First, it removes completely a significant such a favourable package as that presented by number of people from the tax net. It confirms a the Minister, Deputy Cowen. Now that we have cut in stamp duty for first-time buyers of second- the chance, we should build for the future. This hand houses, thereby helping new buyers to is particularly true in those vital service areas become property owners. Members will be aware identified by the Minister, those of health, social that this measure has been well received through- welfare and education. These are not areas in out the country, including in my constituency of which we can solve all the problems presented Dublin South-West. On the one hand, the Bill simply by spending money at them. I know from gives greater powers to Revenue in pursuing my experience of being a member of a health major tax evaders while closing off a series of tax board from 1994 that health in particular is an avoidance schemes and, on the other, for those area where increased expenditure takes time to compliant taxpayers, who form a majority of our deliver improved services. We must be patient as citizens, it amends or extends a significant well as prudent and not squander the benefits of number of tax reliefs in areas such as pensions, our new-found prosperity. foster care, farming and international financial I endorse the policy of increased spending in services activities. these and other important areas. Improving ser- The Bill delivers on the core promises con- vices in the health and education is not the same tained in the Fianna Fa´il-Progressive Democrats as buying new helicopters for the rescue services Government’s economic policy, but it gets better. or building new roads and bridges. We must iden- Not only does it remove people entirely from the tify the areas where spending increases can be 699 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 700

[Mr. O’Connor.] The Minister said last night that this Bill is one directed to ensure that when economic circum- of the major Bills introduced every year. It allows stances become less favourable, as is inevitable, the House to express its views on economic, fis- we have put the structures in place to ensure a cal, tax and expenditure policies. It also allows continuity of improved services. tax proposals to be teased out and for Deputies, I do not propose to join the prophets of doom, in a democratic way, to set out for voters what of whom we have plenty, but exceptional econ- policies they wish to pursue. The Minister is all omic performance must be acknowledged for for such a debate and that is important. I am not what it is. It is sound policy to prepare for more here to be critical but to participate in the debate. normal times without being negative. We have I contest that one of the major issues about which not got where we are today by accident but by our parliamentary party has spoken on an sound economic management such as is con- ongoing basis is housing. A first and significant tained in this Bill. I look forward to the continu- move in this regard has been made with the ance of our economic management under the reduction in stamp duty and the removal of it for Minister, Deputy Cowen. first-time buyers of second-hand houses. In presenting this Bill to the House, the Mini- We need to go a little further than that and ster must be the envy of all his colleagues in focus on where we can go to provide for the Europe. While we acknowledge that these econ- future, in respect of which I wish to suggest one omic circumstances cannot last forever, let us possibility. It is the desire of the majority of accept them while they exist. In drafting this Bill, people to own their own houses. As a public rep- the Minister has been well served by his Depart- resentative, housing is an issue we discuss with ment. In presenting it to this House, we have all constituents on a regular basis. There are a range been well served by the Minister. For a variety of ways in which people can participate in owning of reasons, I am happy to endorse the Minister’s their own home. Whether one is seeking to secure request that this Bill be read a Second Time and a straightforward mortgage or to buy into a I look forward to voting in support of that. shared ownership-affordable housing scheme, one of the issues that arises time and again is that Mr. Curran: This Bill gives legislative effect to people find it a struggle to get a deposit. They many of the provisions of the 2005 budget. As might be in employment where they have a suf- Deputy O’Connor said, it was by and large per- ficient salary to meet the repayments on a mort- ceived as a good budget across a wide section of gage but they might find it difficult to come up the community. The delivery of its provisions did with the deposit. We need to look forward in this not simply happen overnight. In the run-up to the respect across all sections of housing provision, budget, all Members of this House were lobbied whether it be people trying to participate in an and influenced, and representations were made affordable housing scheme or trying to secure a to them on a range of issues. Many of those more standard mortgage. important issues that we debated in recent A suggestion that might be advanced is the months are reflected in that budget. I want to introduction of special savings schemes with tax focus on a number of these, in some of which I incentives specifically designed and ring-fenced have a particular interest. for mortgages. In other words, any tax savings or An area in which I am interested, which I was bonus that would accrue from such savings delighted was included in the budget, and to schemes could be cashed in only against a mort- which this Bill gives statutory effect is the gage. Such schemes would be helpful. Many removal of stamp duty for first-time buyers of people who have the earning capacity to make second-hand houses. Many people do not realise mortgage repayments do not have the savings for the significance of that measure. It is estimated to a deposit. They are dependent on their families result in a saving of \11,000 or \12,000 on a to give them the basic deposit. This is an area that second-hand house costing around \300,000. The should be addressed. cost of this measure to the Exchequer in a full Another change in the Bill is in the area of year is estimated to be in the region of \60 mill- income tax. Taking people out of the tax net gives ion. This measure provides a significant saving for the Opposition a line they like to throw at us, the people concerned and, on the social side, it namely, that more taxpayers now pay tax at the also beneficial. It allows first-time buyers and top rate. That is not a fair argument. Some 1.9 young families to move into areas where there million people are in employment here, of whom are older houses and that creates a good social more than a third do not pay tax, but they cannot mix. There are many estates in my constituency be excluded. That is a nice line that is thrown out where people have been born and reared and the regularly, particularly by the leader of the Labour next generation want to live in those areas but Party, but it is factually misleading. As a result of have found it more financially attractive to buy a the changes in the budget, more than a third of new house. This measure has the beneficial effect the 1.9 million in employment are now outside of allowing people to buy second-hand houses in the tax net and, in respect of other employees, their own areas where they have grown up with the tax bands have been widened by \1,400 per their extended families. That is one of the knock- annum. In addition to that number having been on effects of this measure and from that point of removed from the tax net, some 50,000 view it is to be welcomed. employees no longer pay the higher rate of tax. 701 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 702

The changes in income tax provisions in the Bill Mr. Broughan: I listened to the contributions are welcome. from our Fianna Faíl colleagues and Deputy If we are to maintain low taxes across the Curran made some reasonable points. Deputy board, it is important that everybody pays their O’Connor, however, takes a much too sanguine fair share of tax. Two sections of the Bill are rel- view of the economy, the people he represents in evant to the Revenue Commis- Dublin South West and the impact this budget 4 o’clock sioners. Section 131 grants new and Finance Bill will have on them. powers to the Revenue Commis- During the budget, the Minister for Finance sioners to sample the information, other than made great play of the fact that he is spending medical records, held by life insurance companies \45 billion, that our rate of expenditure is three in respect of a class or classes of policies and their times that of our European partners and that we policyholders. The new powers are modelled on have a low EBR and a GDP that will rise by 5% the powers given to the Revenue Commissioners . These are valuable statistics but for decades regarding DIRT in the Finance Act 1999 and will there was fundamental under-investment in social enable them to investigate if certain life assurance services in the State. The Ceann Comhairle asked products are being or have been used to shelter me to leave the House this morning when I tried untaxed income. The Revenue Commissioners to raise that very issue with the Taoiseach, a have expressed a desire for such a power before former Minister for Finance. the Committee of Public Accounts and I welcome The chaotic scenes I saw last night of valiant its inclusion in the Bill. staff trying to cope with a grossly overcrowded Section 133 introduces the offence of facilitat- accident and emergency unit in Beaumont ing tax and duty evasion, which will be more cap- Hospital were the direct result of the refusal by a able of prosecution than the current offence of significant share of the most influential in society aiding and abetting. Revenue Commissioners are to pay their fair share of tax throughout the 1970s frequent visitors to the Committee of Public and 1980s. My party and the trade union move- Accounts and their range of inquiries in recent ment were told again and again during that years have recouped \1.6 billion in tax, penalties period that the money was not available. Lumin- and interest for the State. Tens of thousands of aries such as the great Vincent Browne, journal- people have had to make settlements with the ists such as Paul Tansey and economists such as Revenue Commissioners across a range of Seań Barrett from Trinity College lectured us schemes. In that time, however, the Revenue relentlessly in the 1980s about how we should retrench and cut back. When the Ceann Comh- Commissioners have not managed to bring a sin- airle was Minister for Health, we cut back in a gle charge of aiding and abetting and it is unbe- frightening and, ultimately, fatal way for many lievable that tens of thousands of people entered people. We have been saturated for decades with these schemes unaided, that ordinary people raímeís about the tax burden in this State and the managed to invest their money in offshore grossly unfair way it has been levied. It is striking accounts and unusual locations without advice. It that once again when we look at the Finance Bill, is improper that institutions that assisted got only 19 sections relate to PAYE workers while away scot free while people paid a heavy price. the rest tweak the income tax, VAT, CGT and We are often told that tax reliefs are costly and corporation tax to facilitate the vested interests in have not been properly costed before they are the State. introduced. They are currently under review and There is no instrument in the Daíl to address many of them are nearing completion. Most are the naked economic power represented in this every day tax reliefs such as mortgage interest or House primarily by Fianna Faíl and the Progress- medical expenses reliefs and reliefs for business. ive Democrats and sometimes by Fine Gael. That The special reliefs were introduced deliberately naked power appears again and again in this Fin- as incentives to encourage economic and social ance Bill. We have yet to see a Finance Bill that development and some of the urban renewal will try to transfer the burden of taxation funda- schemes have made a significant difference in my mentally. constituency. In Rowlagh in north Clondalkin a I welcome some of the measures being intro- new shopping centre is nearing completion. That duced here, particularly tax credits, the increase project would never have started without those in the standard rate band and the removal of reliefs and the people of the area would have another tranche of taxpayers from the tax net. I been deprived. remember when Proinsıás De Rossa was a Too often we ask about the costs without ask- Member of this House and year after year, he ing about the benefits, which are real. In Clondal- would calculate the numbers of workers who kin village the site of a hardware shop is being Fianna Faíl Ministers for Finance told us had redeveloped and a day centre for senior citizens been taken from the tax net. When they were will form part of that new development. In the added up, the figures were equal to the size of past developers were reluctant to put money into the work force. The reality is that the majority of some of these sites. Too frequently these tax PAYE workers pay tax at the higher rate. reliefs have been understated and the benefits to the community ignored. I agree, however, that Mr. M. Ahern: He was not very good at the remaining schemes should be reviewed. addition or multiplication. 703 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 704

An Ceann Comhairle: Allow Deputy Broughan tiered structure in which a section of society still to finish without interruption relentlessly uses this type of legislation and the tax code generally to avoid its responsibilities. I Mr. Broughan: I have no problems dealing with commend Deputy Burton for bringing these interruptions from a Fianna Fa´il Minister of matters to our attention so cogently and so well. State. Year after year the Minister’s predecessors, It is disappointing that the Minister did not Deputy Ahern, former Deputy McCreevy and avail of the opportunity afforded by the introduc- others, spoke about taking 66,000 or 70,000 tion of this Bill and the forthcoming debate in the people out of the tax net. If we put them all Finance committee to introduce a tax ombuds- together it is practically the whole workforce. man, somebody to represent people, especially PAYE workers who feel they got a raw deal or Mr. M. Ahern: We increased the workforce. who, owing to the recent operation of the new tax credit system, have overpaid. There has long been Mr. Broughan: The reality is that the PAYE a need for an advocate for people on low incomes worker still bears the greater burden of income especially in dealing with the tax system. We all tax in this State. Those of us who marched in this welcome the section of the Bill that extends the city 20 years ago to try to do something about operation of the ROS site on the Internet to that took, perhaps, very tiny baby steps. We must PAYE workers. That is a step forward. still deal with the reality of a grossly unfair tax- It is time we had a tax ombudsman, and it will ation system. be a key policy for my party. We are somewhat I commend my colleague and friend, Deputy concerned about the section 44 tax breaks for Burton, for the outstanding work she did last year third level institutions and about section 36. and early this year in bringing it to public notice Deputy Burton will return to those on Committee that some of the wealthiest people in this State Stage. In view of my recent comments, I warmly did not pay tax. It was an astonishing revelation welcome sections 73 to 77, the sections relating to that 11 multi millionaires did not pay tax and 40 aiding and abetting tax evasion, and the Mini- other millionaires paid little or no tax. This fright- ster’s promise to examine the single premium ening and appalling unfairness in our economy insurance policy. This is the thirteenth time I and the unfairness of the way this Administration have had a chance to make a brief comment on runs its economic affairs were clearly revealed for the Finance Bill. I still look forward to a Finance all to see. In the forthcoming by-elections in Bill that is fair to PAYE workers and people on Meath and Kildare the gross unfairness of our low incomes and to a time when the whole nation taxation system will be an issue. can celebrate a Finance Bill and not just a small I welcome the modest reliefs introduced for group of moneyed and very wealthy individuals, older people and widows. Deputy Curran many of whom do not live here. referred to stamp duty. The exemption from stamp duty for first-time buyers of second-hand Mr. Ring: I am delighted to have the oppor- houses up to a value of £370,000 is very welcome. tunity to speak on the Finance Bill. The budget However, it is a very minor step forward, given was introduced in December and the purpose of the housing crisis. I have noticed that on the this Bill is to put the budget announcements into north side of Dublin the price of the average law. I listened to many speakers talking about the home has risen by approximately £20,000 over the wonderful Government and how happy and joy- Christmas period, particularly in the traditional ful people were as a result of the budget. areas to which Deputy Curran referred — the However, people had a different view after stamp duty exemption was absorbed into the Christmas. They realised they had been conned price by vendors. In itself that measure goes by the spindoctors. nowhere near to properly addressing this critical It is amazing how much taxpayers’ money is issue of housing, particularly for people on very spent on spindoctors to spin out misinformation modest incomes who cannot afford a home any- to the public. It is bad enough that the tax is where even, in the case of workers in this city, in taken out of their pockets by the Government Portarlington, Balbriggan and other places 40 or without the Government paying it to spindoctors 50 miles away. to spin lies to them about how wonderful the I accept that taxation policy must be framed in Government is, what a wonderful country we terms of economic development. However, I was have, and how well everything is going. disappointed that the Minister did not address an I met a businessman recently who runs a nurs- issue in respect of which I represent my party, ing home. His electricity bill used to be \1,060 that is the roll-out of broadband infrastructure. per billing session. His first bill in January, in the In the UK, Chancellor Brown introduced certain wake of the recent increases, was \1,662. How concessions in the provision of broadband roll- can that be, if this Government is so great at con- out for employees. He did this two or three trolling inflation? We got good news with the budgets ago. However, such an innovative budget in December, but we got bad news in approach is still shunned by our Minister. January. In general terms, the PAYE sector continues All the local authorities held their estimates to bear the burden of taxation. As Deputy Burton meetings. Most local authorities increased their said, we continue to have a fundamentally two- service charges and rates by 5%, 6% or 7%. The 705 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 706

Government is crucifying small businesses. More from that area. However, when Mr. Burke was and more people are asking themselves why they the Minister in charge of this area, and I do not are working, why they are in business, why they like to kick anybody who is down, he concluded are employing people. Why is the Government deals with these gas and oil companies who are coming down so much on small businesses? the real winners now, not the State. I do not want The biggest single crisis relates to the ability of to go back in history but we had an opportunity young people to get into the housing market. The in previous finance legislation to impose some exemption of first-time buyers of second-hand level of taxation on those companies. There are houses from stamp duty in the budget has helped, many good civil servants in the Department of but it was not half enough. We should do more Finance who are good at thinking of ways to take for young people. We should give them better tax money from taxpayers. They must do it; that is breaks. We should help them to get into the their job. market. We should penalise big builders who Will the Minister explain why some measure hoard land and decide how many houses are built was not put in place in the Finance Bill to provide in this State every year in order to control the for a return for the Exchequer given that we have market. It is all about supply and demand. If they sold our mineral rights and given the prospecting are allowed to supply as few houses as they like, companies tax breaks? Rather than a company they control the market. Most local authorities such as that in the Corrib field paying its fair failed to build the number of houses for which share of tax to the Government, ordinary PAYE they had funding from the State. We must exam- taxpayers effectively subsidise it in order that it ine other ways of getting houses built. can take the profits out of this country and Young people are doing their best. There are reward its investors in New York, South Africa young couples who want to get married but and London. The profits are being robbed from cannot do so because they cannot afford a home. the country and sent abroad. I am disappointed They look around every day to see how they can the Minister for Finance did not see fit to put a get into the market but they are taxed out of it. measure in place to enable some tax to be levied We see the builders at the Galway Races, on such a company. Even at this late stage, I call Leopardstown and every other place and they do on the Minister, the Government and the officials not know what to do with all their money. Some within the Department of Finance to put a pro- 25 years ago when things were bad, they did not vision in place on Committee Stage to ensure we know what to do with their money. As a result of get some money from such a company. It has free tribunals taking place, we are getting some of the access to this House and to every Minister. I ask taxation that should have been paid at the time. it to give a fair share back to the Irish taxpayer. More people are getting out of business, such as running rural pubs, and leaving rural Ireland An Ceann Comhairle: The Deputy’s time has because of taxation. People cannot stay in busi- concluded. ness in rural Ireland because they are so heavily taxed. The stealth tax does the damage. Local Mr. Ring: I was about to speak on the widows authorities will have to pay 8.5% in bench- but I did not have the opportunity. They are the marking pay rises to their staff. That money will forgotten people and have been let down again come from rates, road tax and funding from by the Government. There is nothing in the Departments. A limited number of people pay budget for them. rates to local authorities. A day will come when councils will have to be more accountable for the Mr. Fleming: I welcome the opportunity to way they spend the money. contribute to the debate on the Bill. This is the I was disappointed there was no provision in first Finance Bill introduced by my constituency the Finance Bill dealing with natural gas. The colleague, the Minister for Finance, Deputy opening of the Corrib gas field off north Mayo Cowen. I wish him every success and hope the is creating a great inconvenience for people and Bill has a smooth passage through the House in disturbing their way of life. Every cent being the coming weeks and is enacted as soon as poss- spent on infrastructure for setting up that gas ible. I have no doubt the Minister’s many years’ field can be written off for tax purposes. The experience in the House will be demonstrated natural gas from the Corrib field, which should through the passage of the Bill. He has a mature not be called the Corrib gas field but the north broad view of all things related to the people and Mayo gas field because it is located off north the economy. While it is his first time as Minister Mayo, will go through Mayo to Galway and Clare for Finance, he has ample experience that will see and on out of the country. Bord Ga´is will have to him through his first Finance Bill and continue a pay the top rate for the gas to the company great record in that Department in the years operating the field, and the taxpayer has given ahead. this company an allowance in respect of every The purpose of the Finance Bill is to put into cent it pays to pipe gas. legislation the benefits announced in the budget. We had an opportunity in the Finance Bill to Deputy Rings says a great spin was put on it and impose some level on taxation on the company to people seem to have forgotten about it now. He recoup some money for the people, especially the said there was nothing in it for the ordinary people of north Mayo given that the gas comes people. That is good guff from a Deputy from 707 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 708

[Mr. Fleming.] I am confident we can do better. I hope that in north Mayo and I would not expect anything else future budgets the Government will continue to from him. I would be disappointed if he made a increase the ratio by taking more people out of reasonable statement on a budget such as this. He the tax net and out of the top tax rate. People seems to forget that \682 million is the benefit of working hard for their incomes are entitled to the taxation package alone for taxpayers during take home their pay and not have the Govern- the course of a full year. That is in addition to the ment of the day dipping into their pockets and nominal amount of \874 million provided in the taking 50% of their income in tax as was the case social welfare increases which go to those relying when previous parties were in Government. This on the full range of social welfare payments. is a contribution to overall improvements in Approximately, \1.5 billion is being given to society such as an increase in the numbers in the those at work or not during the course of a full workforce and the growth in the economy. year. I cannot think of a budget increase where I am pleased that the Bill allows for an increase one could give out more but, perhaps, that is a in the tax relief for third level fees. The limit for sign of the times. The more one gets, the more which tax relief can be claimed is being increased people will shout for more. Be that as it may, the from \3,175 to \5,000 per annum for the 2005-06 figures will stand the test of time. academic year. Next September and October, all As Chairman of the Select Committee on Fin- Members will hear from people about the diffi- ance and the Public Service, I look forward to a culties and costs of sending children to third level detailed consideration of the Bill on Committee education. It is good to note that there will be a Stage in due course. Some of the increases that tax relief of \5,000 per annum for parents sending form part of the Finance Bill include the their children to third level institutions. employee-PAYE tax credit which has increased The Bill contains 140 sections but I wish to by \230 to \1,270 per annum — that is a signifi- comment on a few. Section 9 is a very caring cant increase and has long been called for — and amendment to the Finance Bill and the stock of the personal tax credit which has increased by \60 legislation. It exempts from income tax payments for a single person and \120 for a married couple made by the Health Service Executive to foster to \1,580 for a single person and \3,160 for a mar- parents in respect of care for foster children. Up ried couple in a full year. to now, people who received money from a The minimum wage has been removed com- health board were in the situation that this pletely from the tax net for the first time in the income was subject to the income tax regime. The history of the State. Perhaps I should not speak section states that where a family acts as foster about the history of the State when dealing with parents to a child for a certain duration, that pay- such a new innovation as the minimum age. Prior ment will now be exempt from income tax and to the previous general election, the Government this is as it should be. Foster parenting should be introduced the minimum wage which was the encouraged as there is a great need for it. Section highest in Europe. This is an issue we are pleased 9 provides for certain other exemptions to former about and are happy to have introduced. That foster children who continue to reside with their current rate of \7 per hour is exempt from tax. foster parents, and this provision is to be During the course of the year, the minimum wage welcomed. will increase by approximately 10% to \7.65 per Chapter 3 will have a positive effect for all hour. I have no doubt that if people get increases PAYE taxpayers who will now be enabled to use in their wages, as a result, the Minister will deal the Revenue on-line system which up to now has with that in his budget later in the year. been generally available to self-employed people The standard rate band increased by approxi- and businesses to return income, corporation and mately 5% to \29,400 for a single person, \38,400 VAT returns. Taxpayers will be able to access the for a married one income family, \58,800 for a service on the Internet from their own homes and married two income family and \33,400 for lone amend personal details. They will be allowed parent, widow or parent. Deputy Ring ignored reallocate tax credits between employments and the increases for widowed parents. The exemp- between spouses and make payments and claims tion limits for those aged 65 and over increased for repayment. Balancing statements and infor- to \16,500 for a single person and \33,000 for a mation will be provided on-line. A 24 hours a married couple. The \33,000 per annum can be day, seven days a week automatic electronic tele- made up of their pensions and any other income phone system will be available to help PAYE at that age of their lives and still be fully exempt workers. This may not be as far-fetched as it from income tax. This is very good. sounds. People are accustomed to using mobile The number of people in the workforce stands phones to access banking information. at more than 1.8 million. One third or consider- Section 9 will also allow Revenue to make ably more than 600,000 are not liable for income automatic repayments to PAYE taxpayers where tax and are outside the income tax net. Approxi- it is satisfied that based on the information avail- mately 600,000 pay tax at the standard rate of able to it, tax has been overpaid. This issue has 20% and fewer than 600,000 pay tax at the rate been a bone of contention. Most PAYE tax- of 42%. Two thirds of the workforce either pay payers rely on their employer to calculate the tax no tax on their income or pay tax at the standard due and are issued with their P60 at the end of minimum rate. This is a tremendous achievement. the year. Tax relief on mortgage payments and 709 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 710 health care insurance is now taken at source and of farming, the relief will be forfeited. While PAYE taxpayers are even less inclined to seek a these requirements amount to red tape, they are balancing statement at the end of the tax year. not unreasonable. All these changes make a significant I have one important question on the issue, improvement. however. This topic was raised in the context of Section 26 will provide changes for tax relief land compulsorily acquired for motorways during for certain expenditure on significant buildings pre-budget discussions between the Minister and and gardens. Fine houses and gardens are to be members of the IFA in my constituency. Farmers found in every county and constituency. Formerly pay 20% tax on land compulsorily acquired under the owners of these houses and gardens were CPO for motorway purposes. Their complaint is allowed claim tax relief on expenditure properly that they will have to pay 9% stamp duty if they incurred on the upkeep of these fine houses and buy replacement land. They ask whether, in the which they may not have been able to do without case of a farmer who forfeits 50 or 60 acres and the benefit of tax relief. It was always a condition does a land swap with a farmer on the other side that these properties would be open to the public of the motorway whose land has been severed, for a certain number of days in the year. There relief will be given on the stamp duty payable. have been cases where the tax reliefs were Perhaps I am wrong but my understanding of granted but the properties were not open to the the Budget Statement is that the provision giving public for inspection. Section 26 will insist that relief on land exchanges between farmers would the owners and proprietors of these houses, help farmers whose land was being compulsorily buildings and gardens advertise the dates and acquired for a motorway and who needed to rejig hours of opening and the Revenue will carry out their financial holdings because the motorway spot checks to ensure compliance. It is unfortu- had interfered with various farms along its route. nate that the owners did not act in good faith but The Bill, however, does not refer to such circum- this provision will tighten up the regulation. stances. I fear the legislation, as framed, specifi- I am very pleased that section 118 provides for cally precludes such circumstances because it a significant exemption for first-time buyers of refers to an exchange of land between two farm- second-hand properties up to the value of ers. A CPO, by definition, will involve the State, \317,500. This is higher than the price of the aver- through a local authority, compulsorily acquiring age house in Portlaoise or any of the towns in my land. A person may be free to resell the land to constituency. Those who can afford to pay up to a neighbouring farmer and vice versa but it would \800,000 for a house in my constituency should not be a direct transaction between two farmers not be exempted from income tax because they because the NRA or local authority would come cannot be poor if they can afford a house at that between them. Based on the current wording, I price. I am aware the pricing and market struc- fear the exemption will not apply to land being ture is different in the larger cities. However, I acquired for road purposes under the CPO was horrified to hear Deputy Broughan and the method. I ask for clarification and seek an exten- Labour Party knock this new incentive and say it sion of the exemption to include transactions is not half enough. The party complained that this resulting from CPOs. helped bring down prices by \20,000 and now the Other cases will arise involving land that is gen- Deputy complains that the builders are raising uinely consolidated between farmers. I ask that the prices. Is it ever possible to satisfy a person provision be made for circumstances in which with such a train of thought? land is consolidated as a result of CPOs. Now that I have a particular interest in section 115. Will the Minister has accepted the principle involved, the Minister consider my point and reply at the I hope he will go further. conclusion of this debate or on Committee Stage? Section 158 deals with microbreweries. I wel- I seek further information on the provision to come the measure to give relief to these compan- give legal effect to the budget day announcement ies by way of payment of half the alcohol product to introduce stamp duty relief for the exchange tax paid on beer brewed by breweries which of farmland between two farmers for the purpose produce 20,000 hectolitres or less per annum. of consolidating each farmer’s holding. If two Due to changing circumstances in the farming farmers in an area want to consolidate their farms sector, some farmers in my constituency are by swapping 30 acres for 35 acres, rather than interested in examining the possibility of entering both individuals paying full stamp duty on the this sector and have requested the introduction of acreage they acquire, stamp duty will be payable tax incentives. This is a worthwhile and welcome on the net transfer, which in this case is five acres. minor tax incentive specific to a particular area. This is an excellent development. I am particularly happy with section 120, which A full, detailed list of regulations on qualifying provides for an exemption from stamp duty for for this relief is specified in the legislation. A second or subsequent charge cards. There has valid consolidation certificate is required from been considerable legitimate criticism in recent Teagasc and must be lodged with the Revenue years of the fact that one is liable for stamp duty Commissioners. Each farmer will have to spend each time one changes one’s credit or charge card at least 50% of their normal working hours during the year. This acted as a disincentive to engaged in farming and must continue in farming shopping around and changing banks. It is good for five years. In addition, if either party opts out the Minister is introducing a change with regard 711 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 712

[Mr. Fleming.] We also have the position regarding our to credit and charge cards with effect from 2 natural mineral resources, whereby companies April 2005. As soon as the Bill is passed and such as Shell, which has the licence for the Corrib signed into law by the President, the provision field, are provided with terms unknown anywhere will take effect. else in the world. We must bear in mind that the I note the changes regarding ATM, laser and current terms are the consequence of changes combined cards will only take effect from 1 made in 1987 and 1992. When we revisit those January 2006. Will the Minister explain the circumstances, we must also acquaint ourselves reason different dates apply? Perhaps there are with the fact that some of those involved in these technical reasons related to the financial insti- changes are known to be corrupt. It is necessary tutions but I request an explanation of the spec- in the interests of all citizens that an investigation ific reason. is carried out into what happened during the I wholeheartedly support section 134. To put it period when our natural resources were effec- in a nutshell, people had their names published if tively sold off to multinationals. the total liability for tax, interest and penalties It has been claimed that the terms are a neces- arising from a settlement with the Revenue Com- sary incentive to multinationals to commence missioners exceeded \12,700, or £10,000 in the exploitation of our mineral deposits but the evi- old days. The Bill increases the threshold to dence suggests these companies are content to \30,000. People should not get excited about this maintain their licences and initiate operations at provision because the threshold above which one their leisure, with little or no input from the State had to go to have one’s name published was much or reference to the needs of people. It is gro- higher when the legislation was first introduced. tesque that multinational oil companies are able In practice, due to the diligent job being done by to write off in tax the cost of exploration under- the Revenue, it is possible somebody could be taken anywhere in the world against dividends which may be forthcoming from Irish waters. It is caught—— also grotesque that oil companies working off our shores are doing nothing to engage Irish labour An Ceann Comhairle: The Deputy should and are actively working against employing Irish conclude. men and women on oil rigs because they are afraid their workforce will unionise. That this was Mr. Fleming: I welcome the Finance Bill. I look allowed to happen is an indictment of successive forward to further debate on it in the Houses and Governments. to its early implementation. Norway is an example of a country which has used its natural resources in a manner that has Mr. Ferris: I wish to share time with Deputies allowed it to develop into one of the most suc- Eamon Ryan, Healy and McHugh. cessful economies in Europe without the necessity to join the European Union. Norway is also An Ceann Comhairle: Is that agreed? Agreed. proof that exploration companies will not up sticks if they are asked to pay a proper rate of tax Mr. Ferris: Sinn Feín welcomes a number of or if the State maintains an active interest in the measures in the Finance Bill. Chief among natural resources on behalf of its citizens. What these must be the increase in tax credits to has been done in Norway is an example for this exclude those earning the current minimum wage. Government and for aspiring Governments. It I hope the Minister will maintain this principle in has managed to exploit its resources for its his next budget to exclude those on the new rate people. set on foot of the current recommendations. I I wish to raise a specific item which, if it cannot support the demand of the ICTU that the mini- be addressed in Government amendments to this mum wage be set at \8.75 per hour. Bill, should be catered for with a Supplementary A further issue is the high rate at which many Estimate. There is a definite need for a Sup- of those on PAYE continue to pay tax. This must plementary Estimate of \7 million for front-line be set against the continuing ability of certain women’s services, including refuges and services sections of society to enjoy massive tax breaks which deal with victims of sexual assault and and other concessions, not to mention those who other physical abuse and crises for women. This seem to be able to avoid paying tax. would bring the total to \9 million in 2005. I also Sinn Feín makes no bones about advocating an urge the introduction of a ring-fenced multi- increase in the level of corporation tax. While it annual funding package for these services from has been claimed this would act as a disincentive 2006 onwards. This is not much to ask but it to business, a higher rate is sustainable, as has would make a massive difference to the lives of been proven by the experience of other countries. many women. Indeed, it could help save lives. The major beneficiaries of our low rate of corpor- Another issue Sinn Feín would like to see ation tax are non-national companies which earn included is an increase in overseas development large profits because of the skills and other aid to ensure the target of 0.7% of GNP is resources made available to them. Despite this, reached, as promised, by 2007. There is also the many of them contribute little in the way of need to ensure the second \10 million for tsunami direct tax. emergency humanitarian relief is additional 713 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 714 spending and does not come from the existing rather than the piecemeal approach adopted at emergency humanitarian assistance budget. present. Solutions such as the site value tax pro- An area where the Minister can play a major posed by the Green Party and Dublin Chamber role in promoting a sector that could potentially of Commerce would be one step in that direction. have massive benefits for the economy is in It is regrettable that the Minister said nothing in regard to biofuels. With the coming into effect of response to public calls in that regard. the EU directive which will require that 2% of all The reefs I see ahead of us, and the difficulty transport fuels are obtained from this source by we will have in steering a course through them, the end of this year, rising to 5.75% by 2010, this are the environmental and resource issues facing country will need to actively promote measures the planet. The broad issue to which the Minister to encourage this. has increasingly alluded in his speeches, the future price of oil, is one which is hugely signifi- Mr. Eamon Ryan: I welcome the opportunity cant. It is incredibly disappointing in that regard to engage in this broad debate for which the to see a budget that does nothing, or little, to pre- Minister asked when introducing his first Finance pare our economy for the future depletion of oil Bill. In the time available to me, it is difficult to supplies, which I believe is imminent. The small properly engage in that full debate. I can only scale measures in terms of extension of excise give a couple of pointers on the fact that this ship, reductions on hybrid cars is a token gesture com- or this State, should be steered in a different pared with the magnitude of the changes we will direction. need to make. In this regard, our party, in part- Reading the Minister’s speech, it is clear he is icular, believes that the Government is doing the thrilled to bits with how things are going. Indeed, people a huge disservice through its incompet- over the past 20 years and under different ence, ineptitude and blindness in respect of the Governments, this country has been, and con- future. tinues to be, a successful one. The policies put in The Government is completely remiss in place by T. K. Whitaker and others 40 years ago respect of the social agenda. This Finance Bill have borne great fruit and have served us well. misses opportunities to address the social imbal- However, as we are on the deck of this ship and ance developing in our society due to policies set looking forward, our job is to look forward and by the Government. I find it remarkable to see in not just to be happy with how well the ship is the budget and in this Finance Bill that the level running at present. The Government is com- of indirect taxes, the value added taxes which are pletely blind to the bad weather, the dangers and highly regressive and which hit those on the low- the perils ahead of us and is steering us straight est incomes most, are due to increase by \2 into a course of great difficulty without regard to the future prospects of our economy and our billion over the next two years. society. Deputy Bruton was right when he pointed out Foundations of our success include the flexible that this supposedly low tax Government was entrepreneurial strategy we have been able to actually a high tax Government, one which taxes develop and the flexible Government we have by stealth and by cute manoeuvres. It keeps the had, the joined-up thinking, the ability of our certain base line rates in income tax, which we all Government to act swiftly and the success of welcome, but behind that simple, initial figure, it Governments on the world stage. It is remarkable taxes increasingly and spends willfully. I think we that the previous Minister for Finance has, in one will start to see a warm-up to the next election single move, done more than anything else to dis- which, as we know, Fianna Faíl does only too mantle that flexibility and connection our Civil well. We will see current expenditure increase by Service provides by scattering civil servants to the 9% or 10% per year — Lord knows what the four corners of this country in the worst thought- actual outturn will be — as Fianna Faíl ramps up out and most destructive plan ever developed for spending ahead of the next election, but it will hit the Civil Service. the people afterwards. On the one hand, the enterprise strategy review There are a number of social issues that should group is saying we have a flexible, joined up be, and could be, addressed by this Finance Bill. Government while on the other hand, a Minister One is the disgraceful segregation and apartheid for Finance destroys the prospect of joined up regime set up through the individualisation of the thinking in Government. I wish the new Minister tax system. It means that for those who are not for Finance would avail of the opportunity of the in the paid economy but who are doing hugely departure of his predecessor to right that wrong important work, there is little or no recognition. and to recognise this is a disastrous scheme which That policy is hugely destructive for the long- will never work and will do huge damage to the term future development and welfare of our long-term development of our economy. economy. I wish this new Minister would recog- I also wish the Minister was more radical in nise that and move away from it rather than, as recognising the other great democratic deficit in this budget does, put further distance between our country, that is, the ability of local govern- those who decide, for whatever reason, to be ment to effectively provide good decision-making involved in voluntary or caring work or to raise a in local councils. That will not occur until there is family, about which the Government does not secure and proper funding of local government care and on which it does not put a value. 715 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 716

[Mr. Eamon Ryan.] payers would pay at the higher rate but the figure The huge issue the Government ignores, to has increased from 33% to 42% in recent years. which it is blind, which is hugely destructive to We are going in the wrong direction in this society, is the property boom it is fuelling because regard. It is unacceptable that an employee earn- it is a Government which basically will always ing the average industrial wage must be subjected look after builders and developers. I welcome the to a tax rate of 42%. reduction in stamp duty for second-hand homes The removal of those workers on the minimum but it is only a small fraction of what the Green wage from the tax net is welcome. However, so Party in government would do to try to dampen little has been done that any increase in income down the bubble the Government has created. by way of wages will ensures that these workers I will oppose Second Stage but I welcome the will be within the tax net in a short time. chance for debate. Perhaps I will raise some of the issues I have addressed on other Stages. Mr. McHugh: The Bill is wide ranging but I propose to confine myself to a few issues. The Mr. Healy: I welcome the opportunity to con- first I will address is the area of tax allowances, tribute to the debate. One of the surprising things reliefs, exemptions and deductions, including about this Bill and the preceding budget was the those in respect of property. It must be tempting reduction in moneys available for flood relief to use the various investment tax reliefs for the schemes throughout the country. Obviously, I purpose of achieving headlines. However, they have a particular interest in that because over the are sometimes not well researched. We must be past ten years, there have been four major floods balanced in this and, in that regard, I welcome in Clonmel with over 200 homes and businesses the decision of the Minister to carry out an eval- flooded on each occasion costing householders uation of the effect of all tax incentive reliefs and and business people hundreds of thousands of exemptions to enable him to introduce measures euro. None of these householders nor business in the 2006 budget that will balance the benefits people can get insurance cover and, as I said, they of such reliefs as against the extent to which they were hit on four occasions. The Minister of State, are used by high earners to reduce their tax Deputy Parlon, promised that the scheme would liabilities. go to public consultation last summer and that it I do not agree with those critics who say the would start before the end of the year, but that Minister should have acted to terminate or alter has not happened. Unfortunately, we were hit by the schemes in the absence of such an evaluation. another flood in November 2004. Now we have Too often, Ministers act first and evaluate later. been told by the Minister of State that public con- An example is the previous Minister for Finance’s sultation will go ahead in spring of this year. It is decision to outline decentralisation proposals in well into the spring of this year but there is still the previous budget without any strategic exam- no sign of this public consultation. Will the Mini- ination of the proposals and evaluation of their ster of State, Deputy Treacy, contact the Minister impact on the integrity of the Civil Service. That of State as a matter of urgency to get a decision is not the way to proceed. For this reason, I fully and a timescale for us in respect of the consul- endorse the method employed by the Minister to tation process for the Clonmel flood alleviation deal with this issue. scheme to ensure it starts this year? This issue needs close examination so that Another matter which comes to the attention incentives that are not beneficial to the economy of a constituency such as mine is decentralisation. can be eliminated and those that are of benefit It was announced with much ballyhoo and, thank- are maintained. When tax incentives are properly fully, Tipperary town was listed focussed, they are important in stimulating invest- 5 o’clock among towns to which Departments ment in areas where such investment is deemed were to be decentralised. However, necessary. They help to attract investors to take we have heard nothing since. The town is not on part in schemes that are beneficial to society but the latest list and is not included in the reports that would otherwise not be attractive to inves- from the body dealing with decentralisation. I ask tors. I am aware of locations in my constituency the Minister of State to ensure that Tipperary is where incentives have been responsible for included on the decentralisation list, which will investment without which those areas would still be issued by the Flynn group in the next four to be in the doldrums. We must be careful and six weeks. Everything is available in Tipperary should not rush. It is difficult to fathom how, in town, including a site, and approximately three 2001, 11 people with gross incomes exceeding \1 quarters of the staff complement have been million had no liability for tax. These people were accounted for by indications of willingness to go legally able to pay no tax through extensive use there. This is one of the highest indications of job of property-based capital allowances. transfer feasibility in the entire process. I welcome that this review will also take into The income tax package included in this Bill is account certain exempt incomes, for example, very disappointing. A person on the industrial those relating to stallions, greyhounds and artists. wage, approximately \29,000, continues to pay Stallions and greyhounds have had a fair run but tax at 42%. This is the same rate at which a little has been said about the exempt incomes millionaire pays tax, if he or she pays any tax. The available to artists. When the former Taoiseach, Government promised that only 20% of tax- Mr. Charles Haughey, introduced this exemption 717 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 718 for artists, it was generally welcomed and the respond to their contributions. How can Deputy thinking behind it has merit today. However, the Eamon Ryan claim the Government is anti- scheme cost \32 million in 2001, which was the family when we have passed into law, and will short tax year, with 1,300 people benefitting. It copperfasten in the Finance Bill, the highest pay- cannot be overlooked that some of these people ments ever for child benefit and old age earn vast sums of money and do not merit pensions? inclusion under the scheme. The exemption should only apply to struggling artists on low Mr. Durkan: That is fine so long as the Govern- incomes. ment is not considering removing those benefits.

Minister of State at the Department of the Mr. Treacy: We have no record of ever having Taoiseach (Mr. Treacy): I propose to share time deducted welfare money from any sector of with Deputy Andrews. society in the history of this great nation or this great party. An Leas-Cheann Comhairle: Is that agreed? Agreed. Mr. Connaughton: The RDS was the place to Mr. Treacy: Is cu´ is a´thais dom e´ an deis seo a be last night. bheith agam cuidiu´ sa dıóspo´ ireacht seo ar an mBille Airgeadais 2005, agus deánaim comh- Mr. Treacy: As well as taking thousands of ghairdeas leis an Aire, an Teachta Cowen, as ucht lower paid people out of the tax net and substan- na sa´rchaínaisneíse a chuir se´ faoi bhraíd na Da´la. tially increasing all welfare payments, including Is Bille iontach leathan e´ ata´ os a´r gcomhair an child benefit, hard-pressed first-time home buyers tra´thno´ na seo. I value the opportunity to contrib- have got a significant boost through major ute to this important debate. Deputies are aware changes in stamp duty payments for second-hand that in a busy legislative schedule, the Finance houses. This is a generous measure that offers Bill is one of the major Government Bills to come incentive and opportunity for first-time buyers by before the Oireachtas each year. This is the Mini- recognising and supporting the reality of the sit- ster’s first Finance Bill at the helm of the Depart- uation and the necessity of ensuring—— ment of Finance, having succeeded Com- missioner Charlie McCreevy who, over seven Mr. Durkan: This measure has come after Finance Bills, steered the economy on the vigor- seven years of broken promises. ous course that has seen it become one of the most dynamic in the world. I have no doubt the Mr. Treacy: ——younger people setting up in Minister, Deputy Cowen, will build on and life will be able to acquire their first home. enhance this rich legacy of achievement over the coming years. Mr. Durkan: Young people are still excluded. Some months ago, the Minister rose to give his first budget as Minister for Finance. By the time Mr. Treacy: This is the hallmark of the great he sat down, the downcast faces in the benches Fianna Faíl tradition of maintaining, with its Pro- opposite spoke volumes that the Government gressive Democrats partners in Government, the had again got it right and was determined to ring commitment to building more houses and provid- fence and protect the growing strength of the ing homes for more families than in any other Irish economy, while at the same time targeting state in the EU. We have the highest rate of resources at those who were most in need. private home ownership by tradition.

Mr. Durkan: If Government members say that Mr. Durkan: We had before the Government often enough, they will start to believe it. helped to change that. Mr. Treacy: The Finance Bill sets into law Mr. Treacy: We have maintained and expanded many of the landmark policy decisions outlined that and will continue to do so. The Bill will give in the Minister’s first budget speech. This was one effect to the major tax and fiscal aspects of the of the most generous budgets ever for old age pensioners, those struggling to get by on social budget and will build on the substantial achieve- welfare, those on the minimum wage and, per- ments of the Fianna Fa´il and Progressive Demo- haps most significantly, those with a disability and crats Governments since 1997. Last year, the their families. Government was denigrated by the Opposition as being uncaring and bereft of vision. We were Mr. Connaughton: This was not evident at the criticised for taking hard decisions, but as the meeting that took place last night in the RDS. passing of time and current economic indicators show, we were right, because we were respon- Mr. Treacy: I will not comment on that. There sible. Rather than surrender to the quick fixes may be other motivations for that collective and short-term soundbites of the Opposition—— group. I listened with great interest to what colleagues have said and I am disappointed some of Mr. Durkan: Fianna Fa´il would certainly never them have left after speaking because I wished to resort to quick fixes. 719 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 720

Mr. Treacy: ——the Government demon- Mr. Treacy: Due to utter mismanagement and strated steady leadership, in the context of the incompetence, Fine Gael had presided over a sit- worst economic global downturn in 20 years. uation where taxes were gone through the roof, Despite the irresponsible carping from the Oppo- with personal taxation rates of 52%—— sition, a short-term course was set that faced the reality that the level of public spending hereto- Mr. Durkan: That was the way the Fianna Faíl fore could not be sustained as less revenue was Government had left us in 1979. at the Government’s disposal. The Government realised that by controlling spending and tar- Mr. Treacy: ——rampant inflation of geting it at areas of greatest need, the economy 19.3%—— would be best positioned to take maximum advantage of the economic upturn when it Mr. Durkan: The Minister of State only has happened. memories going back a little while. Does his As we now know, the leadership of the longer-term memory not function? Government, as with most things, got it right. Had we folded to the bleating opposite me, the Mr. Treacy: ——industrial unrest widespread, steady path of forward momentum, to which this with strikes and industrial difficulties everywhere, country has returned, would simply not be hap- and the planes full of our best and brightest, leav- pening. It was precisely this assured and capable ing our shores. leadership during more challenging economic conditions that allowed for one of the most gen- Mr. Connaughton: No one should take a bit of erous budgets in living memory and led directly notice of that raimeís. to the Finance Bill we are now debating. I have been in this House long enough to Mr. Treacy: Our young people were leaving in remember what it was like when the main Oppo- search of jobs in numbers not seen since the sition parties, Fine Gael and Labour, were last 1950s. The facts of history also show that in 1987, elected to Government. That was a time when the faced by an economic wasteland of incompetence economy was on its knees—— and mismanagement, the present Taoiseach, then Minister for Labour, crafted the first social part- Mr. Durkan: Does the Minister of State nership agreement. This first agreement became remember the period from 1977 to 1980? Does the template on which stability and prosperity the Minister of State remember who was in was built and continues to be a crucial aspect of government then? economic and social policy. The Government has consistently shown that it Mr. Treacy: ——a real basket case, or “the has the vision and the resolve to keep our country poorest of Europe’s rich”, as we were famously competitive and sustain the conditions that give described in 1987. us low taxes, low unemployment, low inflation and low interest rates, which are the lowest ever. Mr. Durkan: Does the Minister of State Mr. Durkan: We have no housing, no hospital remember back that far? services, no educational services and no law and order. Mr. Treacy: I can remember back to the 1970s and the 1980s. I remember a change of Govern- Mr. Treacy: That is not true anymore. In simple ment in November 1982 and a doubling of the terms our strategy is about more money for pen- national debt—— sioners and those on social welfare, more money for child care, more money for the low paid—— Mr. Durkan: Public expenditure was out of control for two years and Fianna Faíl had not the Mr. Durkan: We have no hospital beds—— courage to stand before the people. Mr. Treacy: ——more money for young Mr. Treacy: ——a crippling of the economy couples starting out on the property market—— and a maximisation of emigration. Mr. Durkan: ——and have stretchers in Mr. Durkan: We had inflation rates of 18% to hospital corridors. 20% when Fianna Faíl left office in 1981. Mr. Treacy: —— more money for hospitals Mr. Treacy: The brightest and best left our and schools—— shores. Thankfully, my party returned to Govern- ment in March 1987 and set about pulling the Mr. Durkan: The Government’s major achieve- country out of the doldrums of the previous five ment is mobile beds and people being treated in years. hospital car parks.

Mr. Durkan: As the Minister of State has Mr. Treacy: ——and more money for roads, revised every part of history, he might as well railways, transport and housing, while all the time revise that part as well. maintaining conditions that promote and sustain 721 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 722 economic competitiveness. The Finance Bill car- Mr. Andrews: The budget is a great achieve- ries forward the policies of a Government deeply ment for the Minister for Finance, Deputy conscious that in an increasingly prosperous Cowen, and its generosity is also to the credit of Ireland no boundaries should be placed on giving his predecessor, Mr. Charlie McCreevy. We all people the opportunity to enjoy the fruits of this know that if this budget had taken place six prosperity. I have listened with interest to what months before a general election the Opposition has been said on the Opposition benches. I list- would have accused us of trying to buy votes. ened to Deputy Ferris, who believes we should leave the oil under the sea rather than extract it Mr. Durkan: It could not have been further and pump it into the national economy to re- from their minds. energise the nation. Mr. Andrews: However, here we are in the Mr. Connaughton: Deputy Ferris has a quicker middle of the term of this Parliament with no way of getting it up altogether. election in the course of the next 24 months at the very earliest. Mr. Treacy: I listened to Deputy Eamon Ryan who talked about increases in tax revenue when Mr. Connaughton: The Government read the the buoyancy in the economy is as a result of research quickly enough after last year’s Government leadership. Solid sound fiscal finan- elections. cial and economic policies drive, underwrite and enhance the expansion of our economy—— Mr. Andrews: I hear no comment from the other side about buying votes. That rings a little Mr. Durkan: While we know he believes it, the hollow. Fine Gael should forget the auction poli- Minister of State should take it easy. tics it tried to use at the last general election. I think it learnt a very hard lesson when the people did not buy all the baubles and delights it offered Mr. Treacy: ——and create the buoyancy to them at the last general election. This is not an add the extra billions forecasted in our economic election budget, but one borne out of the passion future. We have the confidence to make a posi- of the Minister for issues he has followed in his tive economic forecast unlike in the past when it time in the Department of Health and Children was all done in negative terms and concentrated and is now following in the Department of Fin- on what we would lose, how much we would be ance, for which I commend him. short and whether we had any hope. It was all One of the highlights of the budget was the despair. That has all changed and we continue to additional relief afforded to first-time house buy- forecast a positive position into the future. I ers through the reduction of stamp duty. Fianna heartily congratulate the Minister for Finance, Fa´il Members have campaigned for this ever Deputy Cowen, on his inspired first budget and since the abolition of the first-time buyer’s grant this Finance Bill, which contains many far-reach- in 2002. We are delighted to see the Minister has ing new powers for the pursuit of tax evaders. It been proactive on the matter. As every speaker is fair, balanced and very much in keeping with has said, it has had a real effect on ordinary the visionary strategic approach of the Govern- people trying to get on to the property ladder. ment to the economy. I commend it whole- For a house worth just under \317,000, the saving heartedly to the House. in stamp duty is approximately \11,000 or \12,000, which is triple what the old grant was, Mr. Durkan: A massive speech. and shows how generous and helpful it has been. Even in his most generous moments, even Mr. Andrews: At times I think I would like to Deputy Durkan would acknowledge that was a be in opposition, although I do not think such an good step regarding housing. opportunity will be afforded to me in the near future, having listened to what passes for heckling Mr. Durkan: The Deputy thinks I am generous. at the moment. An Opposition Deputy can basi- I am overwhelmed. cally slag off everybody, get on a high horse and lash out at everything. Sometimes a Government Mr. Andrews: This is especially true for young backbencher is jealous about having to tow the people throughout County Kildare who would line so much of the time. However, during last thank him if he had made the change. December’s budget, for once, I had some pity for members of the Opposition, who looked a forlorn Mr. Durkan: The poor people who have waited lot. They could think of absolutely nothing to for the past ten years might have a look at a shake at the Government over the contents of the house now. budget. Similarly in the Finance Bill we hear much hollow shouting and hollering, with Oppo- Mr. Andrews: It should not have surprised sition Members getting indignant and self-righte- people that the Minister made such radical and ous. However, nobody really believes them. generous proposals on disability funding. While the disability consultative group still has concerns Mr. Connaughton: We believe nothing that about the legislation to accompany this package, comes from the Government. nobody is arguing about the funding. This is a 723 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 724

[Mr. Andrews.] provided and the Government is taking proactive clear indication of the commitment of the action in the form of certain strategies, it is clear Government to that sector. that we will face a significant problem in this I wish to follow up a small point made by regard in the future. I hope the Minister will take Deputy Ardagh on tax relief and charities. A some steps in next year’s budget and Finance Bill huge amount of money has been raised in the to alleviate the problem, in tandem with the country in the past six weeks since the tsunami action being taken by the Departments of Health affected south Asia. and Children and Education and Science. Many people have contributed more than \250. Only those parents who avail of on-site child Charities have reported that they have sent out care facilities in their place of employment tax relief forms to such subscribers, but they have receive any form of tax relief in this area. The not received many of them back. As a con- conditions attached to the scheme are quite sequence, a great deal of money that should be restrictive and ensure that it is of minimal use. on its way to south-east Asia in some form is Home-based child care is chosen by almost 70% being held by the Revenue Commissioners. I of families. The cost of such care depends on the echo Deputy Ardagh’s comments of yesterday by age of the children being cared for. In many asking the Minister for Finance, the Department cases, no tax relief is available to parents who of Finance, the media and the charities to high- employ a child minder in their own homes, even light this problem. though they have to make the usual PAYE and The main issue I would like to discuss is child PRSI contributions. It is another example of the care, about which I feel strongly. I do not doubt pressures and stresses faced by parents whose that quality affordable child care is needed in this children are looked after by child minders. There country. Quality child care can benefit children, is no co-ordinated approach to such matters. but bad child care can have a negative effect on I do not doubt that benefits can accrue from children. The UK Labour Party considers child tax relief for on-site child care, but I am not sure care as a core issue in the forthcoming general whether the system is having the desired effect. election in that country. Over 1 million people in Should such a tax relief not encourage employers the UK benefit from the child care tax credit that to create on-site cre`che facilities? I would argue has been successfully established there. The that it should encourage the establishment of Government should consider introducing a child such facilities, but it does not seem to have that care tax credit in this country in the next budget. effect. The incentive to employers, who should The UK plans to provide 3,500 “sure start” be encouraged by means of tax relief to provide centres by 2010. Not only will such centres pro- facilities of this nature, to take such action does vide child care, but they will also facilitate access not seem to exist because the facilities seem to to health and education services and tackle prob- benefit parents only. lems associated with poor infant health, early learning difficulties and other forms of depri- I welcome the section of this Bill that increases vation. Paid maternity leave is extended for an the funding made available to the Department of entire year in the UK. Such a universal child care Justice, Equality and Law Reform’s equal opportunities child care programme. The provision of policy should be considered in this country. \ The Finance Bill 2005 increases child benefit, child care worth 90 million up to 2009 under the which is welcome. Approximately 20% of the programme is welcome. It is estimated that 17,000 average earnings of parents in this country is extra child care places will be created by 2009, spent on child care, compared to just 12% in the but I am concerned that it will not be enough. It rest of the European Union. It is clear, therefore, should be noted that the programme does not that this country has a problem with the provision fund pre-school services because they are con- of affordable child care. The actual cost of child sidered to be part of the early education system. care for many people is between \600 and \900 I consider that to be a failing of the programme. per month. I spoke today to a constituent who There are gaps in the manner in which services pays \812 per month for a single child. That are provided under the programme. might surprise Deputies who are not from Much has been made of the increases in child Dublin, but I assure them that child care costs in benefit. No Member of the House would argue Dublin are extremely high. The costs faced by that the increases are not welcome. All Deputies many people in this city who have two or three are aware that the increases apply to everybody children are prohibitively high. Those who have who has children, regardless of income or need. more than one child save very little money when It is worth noting that the National Children’s paying for the child care of their second and sub- Nurseries Association argued in its pre-budget sequent children. submission that child benefit is not necessarily the Child care expenses are paid for from after-tax same thing as child care. I agree with the associ- income, which means in many cases that parents ation in that regard. The Government should encounter a great deal of pressure and suffer a consider more global ways of dealing with child great deal of stress. Some 220,000 Irish children care issues. For example, it should establish an are in need of child care, but that demand is interdepartmental group to analyse the issue and expected to increase by between 25% and 50% to give us something to compare to the excellent by 2011. Although child care places are being UK model. 725 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 726

Mr. Connaughton: I agree with many of the I fully appreciate that the European Union will arguments made by Deputy Andrews about child have a direct bearing on what will happen but I care. We can all throw political insults across the hope that when the Government and everyone floor, but I agree with the Deputy that child care else with an input reviews the tax incentives, it is one of the biggest problems we face. I had not will be on the basis that the beneficiaries who intended to discuss the matter because I have need not be in receipt of such incentives will be chosen to highlight another issue, but I emphasise the ones whose reliefs are axed. I do not have the that the child care system needs to be improved. time to list them all because there are hundreds. That can be done in many ways. Many young From the many urban and rural renewal schemes couples with substantial mortgages and significant of recent years under which some towns did child care costs are unable to meet both expenses particularly well and others did not, we should at the same time. Such people are found in prov- have gathered enough information to know what incial towns as well as in Dublin. is likely to work or fail. If certain towns are not I sincerely hope that the major national issue given a kick-start of some kind, they will never of child care will be tackled by the Government take off. Everybody points to Carrick-on- at a time when a great deal of money is available Shannon in County Leitrim as an outstanding to it. There were many years when the Govern- example of a town in which the rural renewal ment of the day could not afford to address this scheme worked well. It must have had a great matter, but it is certainly possible to do something effect because it was dormant for years before the positive at this time. We should ensure that it is commencement of that scheme. practically and financially possible for young I, the Minister of State, Deputy Treacy, and people to access good child care, which is a very others were with the Minister for Enterprise, important aspect of rearing children. Trade and Employment in Ballinasloe recently. The Minister, Deputy Cowen, said in his In recent years, the business people of the town speech last night that he is trying to ensure that have held the belief, which I share, that their the tax system plays a positive role in supporting interests would be very well served by an exten- economic development. He does not plan to sion of the rural renewal scheme to the town. detract from the major review of tax relief that is While this will be regarded as a parochial matter under way at present ahead of budget 2006. As pertaining to east Galway, it must be noted that Deputies on all sides of the House have said dur- there are several other towns in much the same ing this debate, it is not necessarily the case that position. They are not covered by the national all tax reliefs are deserving of a bad name. It is spatial strategy, are certainly not hub towns and not true that every relief has been introduced are not connected to any gateways. They are left with an ulterior motive in mind. All Governments hanging. To the shame of the Government, Balli- since the foundation of the State have decided to nasloe has been hung out to dry and is connected introduce certain tax reliefs to overcome certain to nowhere. perceived economic problems. Some of the thou- Having said that, it is obvious that the national sands of such reliefs that were introduced over spatial strategy will not be changed. Therefore, the years have worked well, but others were not we must ask what can be done for a town that so successful. The reliefs that worked well did not has lost more than 1,000 workers and to which it receive the same level of press coverage as those seems to be impossible to attract an anchor indus- that did not work. try. We are told every week that one might locate I would like to discuss a particular tax relief there but none has done so yet. Moreover, there with which the Minister of State, Deputy Treacy, is a lack of confidence in the business community who represents the same constituency as me — throughout the region. Galway East — is familiar. I do not intend to I do not understand why a case cannot be made speak about what the rural renewal scheme, for a tax incentive for communities such as Ballin- which was introduced in 1998, tried to do because asloe when the file is eventually sent to Brussels. the reasons for its introduction are well known. It can be proven conclusively in economic terms In fairness to the Government and its prede- that if such towns are not given a kick-start, econ- cessor, the scheme had a positive impact in many omic development will not occur. I do not under- of the areas in which it was introduced. It is fair stand why we must wait longer to prove that to say that it had an uneven impact, but it worked economic development has not begun in Ballin- extremely well in some places. asloe. It is certainly evident to everyone that it The purpose of offering tax reliefs, exemptions has not begun. and incentives is to facilitate economic develop- When the Finance Ministers talk about the var- ment which would not occur otherwise. In many ious EU-backed tax incentive schemes for which areas, the economy would only be overheated by approval must be obtained from Brussels, several offering such reliefs. It would simply be daft to of those Ministers will be from countries with offer State assistance of this kind to many of the exactly the same problem as we have. I know of building projects around Dublin, for example, but no country in the expanded European Union that doing so in towns such as Carrick-on-Shannon, does not have the sort of disadvantaged areas and Roscommon or Ballinasloe would be a different towns to which I refer. I do not understand why matter. Ballinasloe has been left out of a case cannot be made to assist them. I fully everything. appreciate that the problem to which I refer is 727 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 728

[Mr. Connaughton.] a lifetime speaking on this topic, but in this not the be-all and end-all, but tax incentives can instance I am not sure the Government intends serve as a vital tool in the development of a what I thought it intended. Years ago when I was reasonably good economic structure for places in charge of land policy, this effort began with a such as Ballinasloe. tax incentive for farmers in a townland whose Tuam, which is in my constituency and which I land was scattered around the area. From a tech- know very well, did reasonably well from an nical point of view, fragmented land is difficult to urban renewal scheme. There were some dra- manage because of difficulties with driving stock matic investment projects, some of which did not on the road and fencing and so on. Anybody who work out too well. However, I know full well that knows rural Ireland understands this. In the over the next five to ten years, towns such as intervening years, that tax incentive was forgotten Tuam, which is a hub town and a RAPID town, but this Bill reintroduces it. could suffer from certain social and economic The Minister’s speech, however, gives the problems that beset towns of that size. I hope a impression that the stamp duty exemption that tax relief will be made available to them. Regard- would normally be part of any sale applies only less of where this issue is aired, even if it is in the when two farmers come together to exchange Office of the Comptroller and Auditor General, land. I may be mistaken but if I am correct, the a case can be made for towns like Tuam based on Minister need not be concerned because it will the logic of good economics. not cost much money in 2005 as there would be Many people say to me and to the national a poor uptake. If it involved a major rearrange- press that they believe all tax exemptions, reliefs ment in a village, such as those the Land Com- and incentives are wrong. This cannot be correct mission effected between several farmers, it because all Governments since the foundation of would be very important. I hope that whoever the State have used them as an economic tool. responds to this debate will explain in detail for The Minister of State should say this to the Mini- whom this is intended. ster for Finance so that when he meets the other We all remember floods in Clonmel, Drumcon- EU Finance Ministers, he will be able to advocate dra and Gort a few years ago. Wherever there is a my case. Although I am highlighting my constitu- flood it is bad news, irrespective of compensation. ency, there is nowhere in the country that could not benefit from my proposal. I am afraid that Mr. Hayes: For the Ministers too. people will be swayed by public opinion to the effect that the aforementioned incentives are Mr. Connaughton: That is right, for the Mini- wrong. sters too. It is similar to the outbreaks of BSE, Some years ago, the European Union officials, TB or brucellosis in the world of farming which in their wisdom, appeared to suggest that tax are bad news no matter what compensation is incentives were uncompetitive. I had understood offered because the person concerned always that the incentives were available to all member loses out. That is the way life is. If flood water states. I hope that, in the interest of sound passes through one’s house, that is bad news. The regional development, the renewal scheme to Government or another agency may compensate which I refer and other similar ones will not be one but one’s house remains in the path of the forgotten about over the next 12 months. The water and may be flooded again in the next scheme is necessary if we are to give a kick-start storm. to towns such as Ballinasloe. It is not a hub town Does the Government have a national contin- and is not connected to a gateway. It has been gency fund for exceptional cases? For example, left out of the loop and in no man’s land. IDA in Ballinasloe three houses were badly flooded Ireland states it is doing its best, yet the town lost for the fourth time over several years. They will three significant industrial projects in the past five receive no further insurance cover. One house or six years and did not regain a single job. owner said the flood-water came up from under Fianna Fa´il and the Progressive Democrats can the floor, bursting the floorboards. No matter blow their trumpets all they like about our great what compound was placed outside the house, economic climate, but if one happens to live in the flood-water would come in. Does any Depart- Ballinasloe, one will realise there is nothing dra- ment have a scheme, to be executed as usual by matic about our economy. Economists and the Red Cross, to compensate such a family to advisers will turn up their noses at the rural enable them leave that house and build a new one renewal scheme, but we are able to point to on a dry site? This would not happen in all floods. developments in areas that would not have I hope there is an answer to this question because attracted commercial interest had it not been for people say there is a fund somewhere until one that scheme. I have not heard of anyone becom- looks for it and then it disappears. Does a fund ing a millionaire because of the system. I con- exist for exceptional circumstances which, after gratulate the Government on extending the due scrutiny, show there is no alternative but for stamp duty exemption for young farmers by a few people to move house? years. That is very important. The last budget recalls the curate’s egg; it was An effort to solve the problem of farm frag- good in spots. It was poor in other spots. The mentation was raised in the budget and appears Minister of State is fortunate to be in Govern- in sections 113 and 114 of this Bill. I have spent ment when so much money is available. I sup- 729 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 730 ported and congratulated the Government on future and the way we need to go. The workers giving millions of euro to the disabled, which in Greencore in Carlow need comfort and the should have been done ten or 15 years ago. The Government should provide the comfort that this Government, however, should take note of the is a solution to the potential factory closure. meeting of representatives of the disabled in the In making this part of the future for a more RDS last night who believe they are drawing the diverse agriculture, the Government should use short straw. The Government will have to make the tax system to stimulate markets. This is high- major changes to the Disability Bill or any work lighted to great effect in regard to the much it has done heretofore will go for naught. maligned stallion tax relief. While the Minister for Finance last year indicated this was under Ms F. O’Malley: I wish to share time with review, which is correct, it stimulated an industry Deputy Michael Moynihan. Deputy Connaugh- at a time when this was needed. All of us are ton indicated the flavour of the Bill. The last grateful that Ireland leads the way in the budget was possibly the first to be passed without thoroughbred racehorse industry, which is a a vote. It is commendable that the Opposition did major industry here. However, given that the not put it to a vote because of the good provisions stimulation has taken place, we may need to it contained. The Opposition says it is easy to be review the relief. generous when the money is in the bank, but it is The tax reliefs that worked for the thorough- important to generate the money before giving it bred industry should be applied to the biofuels out. I commend the Minister on his budget and industry. This would tie in with agricultural policy this Bill. as well as dealing with our obligations and targets Deputy Sargent spoke about the lack of pro- in regard to the Kyoto Protocol and developing a vision for biofuels, a topic on which I share his biofuels industry. passion. The Taoiseach said there are no pro- It is understandable the Department of Fin- visions for the industry in this Bill because the ance, which is charged with collecting money, Finance Act 2004 provided for it. To date nobody never likes to see taxes forgone. However, the has gained tax relief under that provision, which amount that might be in permitting the elimin- is lamentable. We need to consider why. The ation of excise on biofuels would pale into insig- Taoiseach said that it is due to procedures. Acquiring state aid clearance is a necessary nificance compared with the benefits for the measure but Germany and France make very country in terms of employment. There is a live generous provisions for the industry which is example of this in the instance of Greencore. It flourishing as a result. Those countries meet the would reduce carbon dioxide emissions and help targets set by EU directives with which we must avoid punitive fines which will probably be all comply in respect of the Kyoto Protocol and imposed as a result of the Kyoto Protocol. We the development of a biofuel sector. By the end must plan well in advance and not take decisions of this year 5% of our transport fuel must come when a crisis faces us full on. We need to plan from a biofuel source. We have a great deal of now, which is why I welcomed this provision in catching up to do. 2004. While I accept provision was made for this last My point in concentrating on the biofuels sec- year, the Government cannot take comfort from tor, although it is not covered by the Bill, is to the fact that the industry has not developed. demonstrate that having the provisions in legis- Although state aid clearance has been in place lation is an important first step and an important since last August, some people should be availing signal on the part of Government as to what its of the tax relief at this point. Many co-operatives policy will be. However, this must be under- and organisations were set up when the pro- pinned by political will and, most importantly, the visions were introduced with an eye to diversifi- confidence and support of the Department of cation which complements the development of Finance. Without that Department moving our agriculture policy. swiftly on new provisions, they will not succeed, When I was in school, diversification was the and I hope this fate does not befall any of the key to the future of the agriculture industry. This provisions in the Bill. is one key way in which agriculture can be helped. I am disappointed nobody has benefited to If we consider the difficulties at Greencore in date despite that I get numerous telephone calls Carlow at present, there is an obvious solution to from people seeking to develop this industry and the problems of the workers and the future of the very keen to make progress. It is not that nobody factory. We would benefit from looking at inter- is offering themselves. Rapeseed is grown in national best practice before seeing what we can County Wexford through a provision of the do about it. We should not reinvent the wheel in Department of Agriculture and Food which pro- doing this. We need simply to select the best and vides a subsidy of \45 per acre. However, what is decide that if it is available to other countries produced must be exported because our market under EU law and legislation, it should be avail- has not been developed. We must kick-start the able to us here. For example, last year British biofuels industry. Provisions in the Finance Bill Sugar announced it was to build a £20 million 2004 paved the way but we need commitment and plant to turn sugar beet into bioethanol, a type of drive on the part of the Department of Finance biofuel which can be used in cars. This is the to ensure these provisions become a reality. 731 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 732

Mr. M. Moynihan: I welcome the opportunity tructural services as a result of the explosion in to contribute on the Bill. I congratulate the Mini- housing which is taking place. This will require ster on his first budget and Finance Bill and wish further State investment. As a buoyant and grow- him well. He is probably one of the first Ministers ing economy is welcome, it is great that services of Finance to introduce a budget on which there are required throughout the country. was no vote on budget day. Major changes have taken place, particularly in The Bill provides for a number of changes to rural Ireland. As I come from a predominantly enact the budget of 1 December last and it must rural constituency, I have witnessed major be enacted by the Oireachtas before 1 April. The changes taking place in rural Ireland over the past main provisions of the Bill are to reduce income eight or nine years, which is welcome. Too often tax and stamp duty, to remove those on the mini- over the past 40 or 50 years, emigration ruled mum wage from the tax net and to extend the rural Ireland. Perhaps one or two members of a powers of the Revenue Commissioners to deal family remained in the local community while the with major cases and crack down on certain tax others had to either emigrate or travel elsewhere. avoidance schemes. This has been the pattern for almost 100 years. The removal of all those on the minimum wage Given that for the first time in many generations from the tax net has been long sought by all and we are able to provide full-time employment for is welcome. The Bill also confirms the cut in people in their local communities or within stamp duty for first-time buyers of second-hand Ireland, there are issues in regard to planning and houses. While any incentive taken by Govern- other services which must be tackled. ment to reduce stamp duty or other excise duty In 1995-96, small rural schools were closing and for first-time buyers seems to increase the price the number of teachers was reduced. However, of houses, it is a welcome initiative. The Bill also the numbers in schools have been increasing in seeks to upgrade the tax administration to the the past two or three years. Areas are not just benefit of all taxpayers, especially those in the depending on the native population. The country PAYE sector, which will help to deal more has now become more multicultural and multi- quickly with tax payments and repayments. It also denominational, which is welcome. We must gives effect to the tax reliefs and reductions ensure that services are provided throughout the announced in the budget. country, not just in the large cities. A particular focus has been on the new powers In recent years, there has been a great of the Revenue Commissioners to pursue major reduction in the amount of tax paid. Tax has been tax evaders, including the addition of the offence reduced from 28% to 20%, yet we are told that of aiding and abetting to the list of revenue more tax is being taken. However, people are offences to assist the Revenue Commissioners paying less tax individually. One of the greatest take proceedings against those who actively assist incentives introduced by the Government over others in tax avoidance. The Bill will also recent years, particularly since 1997, was a implement a number of recommendations of the reduction in corporation tax. We were berated for revenue powers group that reported last year. reducing this tax from 36% to 12.5%. This Some Members raised issues in regard to tax measure has continued to generate economic relief. There has been much media and other activity by enticing entrepreneurs to come here to speculation on tax reliefs of one form or another set up business, thus ensuring jobs for our young which has led to a belief in some quarters that people. This means they do not have to emigrate any schemes to help generate growth through the as was the case in the past. provision of tax incentives are wrong. However, Decentralisation was announced in budget for many years tax relief and incentive schemes 2003. The first phase of the decentralisation prog- generated growth throughout the country and ramme was announced in Phil Flynn’s report in were welcome. the fall of the year and we are awaiting the The town renewal scheme was introduced in announcement of the second phase. For far too 1999 and enacted in 2000. Many people noted long State and Government bodies have been there was limited take-up of the scheme in the paying excessive rent for properties in Dublin and approximately 100 towns included. However, other large centres. The country can be run as sections of any town included received invest- efficiently from provincial towns as from large ment because of the tax reliefs available. As other urban areas. Some commentators said at the time speakers noted, this would not have happened that Government should remain in the capital city unless the scheme was in place. The knock-on and that if Departments were dispersed through- effect was that the towns that received the relief out the country, we would not have a cohesive benefited from it, none more so than my town of form of government. If Departments are dis- Kanturk. Properties which were designated ben- persed throughout the country, when policies are efited, which leads to other issues. To condemn being drawn up, particularly at departmental all tax reliefs and call for all loopholes to be level, and being brought to Cabinet and to this closed off is not the way to proceed. House, people living in rural communities and In recent years we have witnessed a welcome small towns throughout the country would have explosion of growth throughout the country. a greater impact on the decision-making process. Some towns and villages that heretofore did not It would ensure a more balanced nationwide view witness growth now face inadequacies in infras- of legislation or regulations introduced. 733 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 734

For far too long people throughout the coun- the very wealthy are allowed to escape paying try, particularly people who live great distances their share. from Dublin, have said that the rules and regu- The PAYE sector is a dependable source of lations have been enacted by Dublin income. They are an easy target for Revenue. As 6 o’clock people for Dublin people. The they are taxed at source, they cannot avail of tax decentralisation programme will go a avoidance schemes. To that extent, the Finance long way towards redressing the imbalance in this Bill is unfair to PAYE workers. My colleague, regard. I hope the Government will ensure that Deputy Burton, highlighted the success of some the full decentralisation programme is rolled out very wealthy people in reducing their tax obli- as soon as possible. gations to zero. This is because of the loopholes Much has been achieved over the past seven or left open by the Department of Finance and by eight years but there is still a long way to go. the expertise that becomes available to the very Issues such as child care, social housing and wealthy. Such revelations have highlighted the special educational needs are still outstanding in need for ongoing reform. achieving an inclusive society. Despite some The Labour Party has called for the establish- adverse comments recently, we have gone a long ment of a separate tax commission or tax reform way towards achieving an inclusive society. commission, which I support. Departments and I am pleased to have had an opportunity to agencies such as the Revenue Commissioners too contribute to the debate on the Finance Bill and often downgrade consideration of policy choices I commend the Bill to the House. in favour of crisis management and administration. This inevitably leads to poor long-term Dr. Upton: I wish to share my time with strategic planning and an absence of transparency Deputy Durkan and Deputy Hayes. as to how decisions are made. The announcement I would like to begin on a positive note by wel- by the Minister, Deputy Cowen, of a review of coming the innovations by the Revenue Commis- tax or even exemption for high earners is wel- sioners in providing an on-line service allowing come. I look forward to the outcome of this pro- members of the public to manage their tax affairs cess in budget 2006. However, such a process of directly. This extension is provided for in the Fin- reform should not depend on local election ance Bill. However, tax relief and tax credits results, but should be an ongoing process. It is the place the onus on individuals to draw down the sort of work a tax commission should do on an benefits available from Revenue. While many ongoing basis. people can manage the system very well and avail We should examine innovations such as of all their entitlements, unfortunately, a section hypothecated contributions to pay for public ser- of the population is less able to do so, and very vices and new public projects. There is currently often they miss out on the benefits to which they little or no discussion of possible new ways of are entitled. For example, they may have literacy organising taxation. Taxation policy is based on difficulties and-or lack the confidence to tackle policy choices. Under the current system these revenue matters. This section of the community choices are made behind closed doors. There is repeatedly do not get what they are entitled to, little public acknowledgement of the policy aims even though these are the people most in need sought by the Department. There is also little of help. accountability as to the effectiveness of taxation The very wealthy can call in professional advice measures. For example, Deputy Burton high- and competent tax advisers to help them mini- lighted issues regarding tax reliefs for private mise their obligations, which they do much of the hospitals. An independent tax commission would time. I would like to see a general tax advocacy bring the policy choices behind taxation policy to service on offer to members of the public to the fore and it would allow for transparent con- advise them on how to ensure they receive their sideration of policy choices as well as the moni- entitlements. MABS, for example, has been very toring of relief already in place. The Minister, his valuable and productive in advising people on Department, officials and Revenue would have managing their money matters generally. A simi- nothing to fear from such an independent tax lar provision would be very welcome in helping commission. We are very much in favour of people with their tax concerns. transparency. There is a need for greater equity in the tax I welcome the comments of my constituency system, especially as it relates to the two-tier tax- colleague, Deputy Ardagh, on the skewed use of ation system. Just over half of PAYE taxpayers retirement reliefs by a number of wealthy individ- will be caught in the higher tax bracket of 42%. uals. I agree with the proposal for an upper limit It is wrong that a single person who earns just on the level of income that can be used as a basis over \30,000 starts paying tax at the higher rate for calculating pension contributions for tax of 42% on overtime or a small additional amount relief purposes. of work they might do. It is inequitable that this I would like the Minister to address an anomaly group of people are taxed at the same rate as the regarding the operation of the disabled drivers’ very wealthy. The Department of Finance and disabled passengers’ tax concession scheme. appears to have taken a policy decision that half I raise this specifically on behalf of the Walkins- the PAYE sector should be caught in the higher town Association which provides services for rate, thereby taking the burden of taxation, while people with an intellectual disability from the 735 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 736

[Dr. Upton.] While the stamp duty issue has been addressed wide Dublin 12 area. The association has a land- such transactions may still be liable to capital mark facility on the Longmile Road and it pro- gains tax. The Minister should also examine the vides an excellent outreach service for people liability for capital gains tax on the purchase of with an intellectual disability. Part of its service lands by farmers for the purposes of consolidating involves providing transport, in particular, as holdings — this issue has been raised a number many of its clients are adults living at home with of times — and such liability in respect of lands their elderly parents. The Walkinstown Associ- that are the subject of a CPO. ation has brought to my attention the anomaly Under the early retirement scheme, tax relief that this organisation cannot avail of VRT and is not available where land is leased within a VAT concessions for providing services simply family but is available if leased to strangers. Per- because its clients have an intellectual rather than haps this anomaly will be reviewed. This pro- a physical disability. It is incongruous that these vision seems to be somewhat discriminatory concessions are available only to those organis- against families. ations which provide services to people with The ICMSA has requested that 100% stock physical disabilities. I raised this matter with the relief should be available to all farmers to allow Minister’s predecessor and I would be grateful if for the expansion of farms. Given the times that this issue could be revisited. are in it and the somewhat uncertain future for The recent First Active share payout also high- many farmers, it is important that these tax issues lighted a discrepancy in the exemptions available are addressed in a sympathetic way. to older people in paying capital gains tax. Customers of First Active received payments of Mr. Hayes: I thank Deputy Upton for sharing \3,000 in January 2004 following the acquisition her time and giving me the opportunity to speak of First Active by the Royal Bank of Scotland. on this important Bill. Deputy Moynihan said However, many of the long-serving customers that there were no votes on resolutions on the were elderly and not fully aware of their tax liab- night of the budget, which has not happened for ility. This share payout was a once-off benefit to a long time. That was regrettable. There was no this elderly group of people who saved all their vote that night because there was no increase in working lives. It is unfair that they were subject excise duties or in taxation on petrol, diesel, ciga- to capital gains tax on the same basis as every- rettes or alcohol or in respect of whatever are the one else. usual ways of gaining finance by imposing tax According to tax law, preferential treatment is increases. However, the Government has found a already given to older people in assessing liability new way, by the introduction of stealth taxes for capital gains tax where the sale of home, busi- across the board, particularly by local authorities. ness or farm is involved. Older people also bene- The Government is a major beneficiary of the fit from more generous exemption rates in calcu- tax bonanza in the economy. The big spend in our lating income tax. This exemption should have vibrant economy has resulted in an increase in been extended to share pay-outs to pensioners up taxation from \36 billion a few years ago to to a maximum amount. I would be grateful if the nearly \47 billion now. That represents a signifi- Minister would re-examine this issue. cant increase. In recent years consumers have The tax code could be used to encourage vol- been paying increased amounts through stealth unteerism. Many social and health services would taxes in respect of transport, medicines, child benefit from the supplementary assistance of care, VHI, ESB, road tolls — the list goes on. people with high skills. The tax code could be The worst taxes and those that have the harshest used in an imaginative and more effective way to impact are the planning charges imposed by local foster volunteerism and encourage people to give authorities, particularly on people building up their time for others. I appreciate that volun- houses in rural areas. The population is falling in teers are just that and are not seeking to be paid, rural areas, particularly in CLA´ R areas, and we but some tax exemption might encourage more have the figures on that. People have to fork out people to become volunteers, as we badly need huge sums in planning charges to local authorities them. before they can build a house. I wish to address some agricultural matters. There are many issues I wish to address in the The ICMSA sent the Minister a detailed sub- Bill in the short time available. One issue that has mission recently outlining its concerns and I been the subject of much discussion in recent would like to highlight a number of issues on its years and in respect of which there has been behalf. Section 27 of the Bill deals with the tax- much political point-scoring is that of relief on ation of certain farm payments, but the table on stallion fees. My part of the country is a major page 54 lists the schemes included for the pur- beneficiary of that measure and it would be poses of this section. It appears that the dairy pre- deplorable to remove it without a proper assess- mium scheme is missing from the table and I ment of it. I heard a person give an assessment of would be grateful if the Minister would examine it only yesterday. If the Government changed that this. I would also be grateful if he would examine regulation, the extra revenue take would be the liability of farmers to capital gains tax and approximately \3 million. Members of the land swaps, which some of the my colleagues Government should think long and hard about have mentioned. changing that regulation. The truth of the matter 737 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 738 is that there has been pressure from Europe in who have given up their careers to look after the recent months in this regard and the Government household and they get no recognition for the is reacting to it. It should note from where the contribution they make to society on an ongoing pressure is coming. basis. Government Deputies get goose pimples when Mr. B. Lenihan: From the Deputy’s prospective they hear decentralisation being mentioned. This partners in government. is no surprise because it was the core of the 2004 budget when there was a competition between Mr. Hayes: It is coming from the French and Government Deputies about who could the Germans because we are the leaders in this announce it the quickest, but it has turned out to industry not only in Europe but in the world. I be a damp squib. The homework has not been point out to people whether they are on the left done. The budget was weak and this was thrown or the right that I come from the town of Fethard onto the wagon as it passed to soften up the in which not a bob was spent by anybody except public in the run-up to the local elections, but it the people who invested in this industry. The con- simply did not work. There is nothing wrong with stituency of south Tipperary has benefited from the concept of decentralisation but this was done such investment and anyone who visits that area in a daft way. will notice that. Many young people are I have not seen debates on stallions get people employed in this industry and many have been so agitated for many years. Stallions are sensitive trained in it and made their way on to the world animals but they are quite capable of giving stage from small beginnings. I record that the account of themselves. The incentives were given position I outlined will remain my position for as to encourage owners of such animals to come into long as I am a Member of this House. People the country and improve the quality of the race- should keep a cool head in this debate. horse industry. That has happened and any Another major issue I want to raise is decentra- changes in the area will have an impact. It is just lisation, which was the subject of a major as easy for those people to locate their horses in announcement in last year’s budget. That prog- Newmarket or similar places. They do not have ramme was badly handled by the current Admin- to keep the horses here. I support equity but, just istration. It floundered because road and rail like other industries we support, if we hammer infrastructure is not in place. Any capital invest- them just because they appear to be doing well, ment in that infrastructure will be productive. At we could pay a price in the long term. a time of economic buoyancy, this Government There are some positives in the Finance Bill, should not be afraid to roll out investment in our which merely gives the imprimatur to the budget. infrastructure to allow people to decentralise. Unfortunately, it was much ado about nothing. It The decentralisation programme floundered was not an election budget and this is not an elec- because people were afraid to move to other tion Finance Bill. I am sorry the Government parts of the country because of a lack of infra- could not come up with something better. structure. Significant changes have taken place in the Mr. Dennehy: I welcome the opportunity to agriculture sector. I listened to the debate on the contribute to the debate on the Finance Bill 2005, nitrates directive at the Joint Committee on Agri- the first introduced by this Minister for Finance. culture and Food. There is a fear in rural areas The Minister holds the primary position in the about the impact that directive will have on the Cabinet after the Taoiseach so there has been agricultural economy. The Government must great interest in how he would set the tone both consider funding to help those people and pro- in the budget and in this Finance Bill. Many vide the means for them to compete in the agri- people were interested in seeing how Deputy cultural world. Many of those people, particularly Cowen would adapt to his new portfolio. On the the top class commercial farmers who are the basis of comments from across the board, he has backbone of this country, need help to get over played a blinder. In my time in the House I have this hump. never heard of such consistent approval from so many different sources, including Opposition Mr. Durkan: Far from the accolades the spokesmen, for his short period in the Depart- Government was bestowing on itself because ment of Finance. The Minister is already widely there was no vote on the budget, the debate was experienced and is bringing that experience to truncated and there was no opportunity for a bear quickly. vote. That is also the case in this debate. The Minister is building on the strong found- Government Deputies have been patting them- ations laid by the former Minister, Charlie selves on the back but what about the motorist? McCreevy, but he has also indicated that he The motorist now contributes \4 billion per brings his own philosophy, expertise and experi- annum in tax without including the proceeds from ence to the post. He stated in this speech that he new toll roads. To what extent does he get value looks forward to a constructive debate and the for the money he puts into the economy? speakers I have heard so far have been positive People mentioned tax relief for spouses in the in their approach. home, which is inadequate in terms of any sort of There are differences of opinion. Deputy recognition. There are spouses of either gender Durkan said this is not an election Bill but only 739 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 740

[Mr. Dennehy.] As has been suggested by the previous three 30 minutes ago, Deputy Eamon Ryan, who speakers, what is needed is a cool and calm exam- wanted to be President, told us the Bill is a warm- ination of each scheme. To take an example, the up for an election. It is either an election Bill or scheme for artists is worthwhile. It saw the State it is not. It is, however, getting on with the busi- replacing the patronage that was bestowed on ness of Government. struggling artists by landowners and wealthy I am also concerned about Deputy Eamon people. The public agrees with promoting and Ryan’s approach to decentralisation, which is the assisting culture and art. However, it is obvious typical Dublin-based Deputy’s approach in that that there should be an income limit. There is a nothing should move outside the capital. Is case for keeping the scheme almost as it is, Deputy Boyle of the same opinion? I heard every imposing a cut-off and ring-fencing the income argument that has been trotted out this time for the arts in general or for some level of redis- around when the Central Statistics Office was tribution. I believe the public would subscribe to moved to Cork. We were told that staff would such an idea, but it must be sickening for them, not move and transport was insufficient. People no matter how popular artists may be, if they are were still clamouring to move. among the highest earners in the world and pay This Bill could be summed up under four head- no tax in Ireland. That scheme should be exam- ings: reducing income tax and stamp duty, remov- ined with all the other schemes. ing minimum wage earners from the tax net, Deputy Connaughton and others mentioned extending Revenue powers to deal with major that the good schemes seldom get a headline. The cases and cracking down on certain tax avoid- areas mentioned are the ones that get the head- ance schemes. lines. Some schemes, such as the derelict sites scheme, have been very good for the public. We I have been a PAYE worker all my life. I have need to examine all schemes. In the area of tax- a slightly jaundiced view of some of the so-called ation there are the tax avoidance schemes and the tax shelters, tax concessions and pro-develop- issue of tax compliance. It is worth noting when ment schemes that have been introduced from discussing these schemes that the record on tax time to time. I do not mind admitting that I have compliance has been second to none since 1997. mixed views. I recognise fully the need to develop Since 1997 as many as nine different issues were indigenous industries and that concessions might dealt with in successive budgets and Finance Bills have to be made to enable businesses to survive. to ensure tax compliance. That is a very positive I also recognise the need to encourage the supply approach. Schemes were introduced by different of certain facilities, such as student accommo- Governments. The designated seaside resort dation, health centres and so on. That can be scheme was introduced in 1995 and finished in done by way of tax incentive. I subscribe to the 1999. The Temple Bar scheme was introduced in original thinking behind the scheme to encourage 1991 and finished in 1999. the arts by way of non-application of income tax The objective of the measures introduced since requirements to certain performers. My greatest 1997 was to ensure tax compliance. In doing that difficulty with such schemes is that they are delib- we have also, through successive Finance Acts, erately abused, they are left in place although broadened the tax base, closed off loopholes and they have outlived their usefulness, or the return discouraged tax avoidance. In the meantime rev- allowed to any single source is excessive. That has enue to the State has increased greatly, the pri- been referred to by other speakers. mary reason being the creation of hundreds of I do not suffer from the begrudgery syndrome, thousands of extra jobs. Individuals are earning but I was one of the unfortunate people who in more and paying less tax. What is important is 1986 and 1987 paid 67% of earnings in stoppages, that more people are paying tax. with nine to feed from a single source of income. There is a third strand, and that is tax evasion, I might have developed a chip on my shoulder which is a criminal act. This is the area where because of that, but I did not. However, it is offshore accounts and other schemes come into wrong that someone pays no tax because they play. We are now well aware of what was hap- happen to be a performing artist, even though pening in many areas and of the reason I had to they may be able to offer from \10 million to \15 pay 67% of my income in 1987, getting only £33 million for a premises. out of every £100 I earned. The reason I had to There has been a tendency to lump all schemes pay so much was that so many others were pay- together and to suggest that everyone involved in ing nothing. them is a crook. That is unfair and helps no one. We have dealt with offshore accounts through Some of the most vocal in that regard have held the DIRT inquiry and with other issues. I compli- ministerial office. What sickened me is that sev- ment the Minister for including in this Bill a very eral of those who spoke against the stallion important measure for dealing with those issues. scheme led the charge last year and the year The Revenue Commissioners have outlined to before in pursuit of the same concession for the the Committee of Public Accounts, of which I am film industry. That displays a total lack of consist- a member, the difficulties that were faced, the fig- ency. It is playing to the gallery, it is a manifes- ures and the numbers of people who had offshore tation of begrudgery. It is playing all sides on accounts or other ways of hiding money. The case the issue. has been made consistently that most of these 741 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 742 people, many of whom are now very old, were agreement. When the EU seeks to examine an ordinary workers, perhaps shopkeepers, getting issue it does not always mean we are wrong. I on with their lives and with some money coming appeal to the media to be more patriotic and to in, and they saw a way of hiding away some of present the case properly when an examination is that money in order not to have to pay too much taking place. tax on it. A consistent aspect of that trend was I referred previously to being in the dock. the presence of advisers, whether they were pro- Approximately four years ago, when Minister for fessional tax advisers bank officials or other pro- Finance, Mr. McCreevy, argued on the issue of fessionals in the financial area. They were the 3% expenditure regarding the GDP and what present, they were advising, and to date it has we could spend, he made a simple case to Mr. been impossible to do anything about prosecuting Prodi and others which was that Ireland was or in any way reprimanding any of them. doing well, had money to spare and should be The Chairman of the Revenue Commissioners able to spend more, but he got into trouble. The outlined to us over the past 12 months that there EU said he was wrong and he had to argue his had to be a change in the definition of facilitating case, as any Irish Minister would, but the reaction tax avoidance. He consistently made the point here was terrible. He was the Irish Minister and that under the existing legislation Revenue could he had to be wrong. Members asked how could not possibly deal with the cases that were arising he talk down to the rest of the Europe and they because although the figures suggested that some said we would suffer for it. The amazing outcome of these people had committed criminal acts and is that three years later — this month or next had aided and abetted tax evasion, it could not month, whenever it gets around to it — the EU be proved. What the Minister did was outline in will change the regulation exactly as he had asked the Finance Bill what is needed, and he will put that it be done. It is slackening its requirement it into practice. With every other Deputy here, I exactly to meet the case put by Mr. McCreevy. I have friends in the financial sector who are make that point, not for the purpose of scoring a accountants. They all have the same fear that in political point, but to ask people to have more some way they could fall into the wrongdoing side confidence in our Ministers and in ourselves as of the business by error. I do not think that will a nation. happen. They had concerns but the Minister has This is a time when I would hate to be on the been around long enough to assure them and Opposition benches. This is the second battering help them. it has got, first with the budget and now the Fin- I have seen the Revenue present its case. I do ance Bill. It must be hard on a spokesperson or not think there will be any attempt at entrapment even a humble backbencher like myself to get up or to coerce people or push them one way or the and make a case against it. Given that we have other. The law will be laid down. The bottom line accepted from Deputy Durkan that it is not a will be that where people carry out honest trans- budget Bill, let us try to imagine what the position actions they will have no difficulty. If people will be like in two years’ time, please God. deliberately manipulate the system, hide or falsify figures they will be in trouble. I do not believe Minister for Finance (Mr. Cowen): I thank all that people will be falsely accused of facilitating Deputies who contributed to the debate yester- tax evasion. I am open to correction but it is day and today. Clearly there is much interest in highly unlikely it will happen. The Minister and this Bill, and rightly so. I thank everyone who the Revenue are big enough to look at the posi- gave time and consideration to their contri- tion if any provision needs to be amended. It is butions. I welcome all the opinions I heard from one of the most important aspects of the Bill out- all sides in our attempt to improve the position side of the good news concerning the reduction for those we represent, regardless of our politi- in taxes and stamp duty. Most of the time we are cal persuasion. working on the historical side and are looking Deputy Bruton referred to the relationship back over a number of years and asking why this, between Government expenditure and tax levels that or the other was not done, but we find the and the delivery of public services. I do not accept laws were not in existence to enforce the part- the rather gloomy picture he paints of an over- icular course of action. I am glad we are moving taxed economy which gets nothing for its taxes. on that issue. Tax must be looked at relative to income. For An issue that has been hitting the headlines — instance, the income of a person on the average it is a handy headline catcher — is the tax exemp- industrial wage rose by over £11,000 between tion for stallions. I am concerned at the way in 1997 and 2005 while the total tax, PRSI and levies which this has been presented in reporting that for a person on that wage was cut by more than Ireland is in the dock. That is denigrating us as a £200 in that period. nation and is the wrong approach. The issue is Looking further we see that since 1997 average under examination as are many other issues income tax rates for all individuals at all income throughout the EU. The bottom line is that when levels have dropped by an unprecedented we bought into a single currency and accepted all amount. For a person on the average industrial the regulations we presented and argued our case wage, the average tax rate will be 10 percentage on corporation tax, VAT rates or whatever and points lower than it was in 1997 — less than 17% got agreement, and we have to comply with that in 2005 as compared with over 27% in 1997. For 743 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 744

[Mr. Cowen.] earners; what targeted incentives we would con- 2005, the percentage of the income tax yield com- sider to be merited or that can deliver the coming from those earning at or under the average munity benefit where there is a deficit that cannot industrial wage is estimated at just under 6% as otherwise be filled by the marketplace, by way of compared with over 14% in 1997. In 2005, over public provision or otherwise. The Government 34% of income earners — 657,000 earners must also look at balancing the benefit of such approximately — are entirely out of the tax net, reliefs with the need to ensure that all taxpayers as compared with approximately 25%, or 380,000, make an appropriate contribution to their society. in 1997. Those simple statistics set out the facts Various issues raised by Deputies in respect of so far as individual taxpayers are concerned. the benefits to high earners will be examined as The most recent OECD data show that Ireland, part of the review. in 2003, had the lowest tax wedge in the EU and Deputy Burton referred to the difficulty in one of the lowest in the OECD for the average obtaining data relating to the cost of certain tax single worker. For the average production worker reliefs. A number of provisions have been intro- who is married with two children with a carer in duced in recent Finance Acts to help address the home, Ireland now has the lowest tax wedge shortcomings in this area. The Revenue Commis- in the entire OECD. The OECD data show that sioners introduced a number of changes to the the tax wedge for such workers has fallen more forms relating to the annual return of income by sharply in Ireland than in any other OECD coun- PAYE and self-employed individuals and com- try, reflecting the progress that has been made in panies in respect of 2004 as well as to the P35 this area. form which is returned to Revenue by employers Deputy Bruton referred to an increase in the at the end year with totals for earnings and overall tax burden. Tax as a percentage of GDP deductions for each employee in respect of the went up from 28.1% in 2002 to 29.3% in 2003 tax year 2005. according to the OECD. However, this increase Deputy Burton referred to the relief for third was due to increases in capital gains tax receipts level buildings. This relief was introduced in 1997 and the extra revenue from property taxes. Tax on Report Stage of the Finance Bill by the then on ordinary income as a percentage of GDP fell. Minister for Finance at the request of the then However, I share the concern of Deputy Minister for Education and Science. I do not Bruton and others about achieving value for intend to extend the relief in this Bill. The Fin- money. That is something we must continuously ance Act 2004 provided that expenditure incurred strive to improve. I believe that this Finance Bill up to 31 July 2006 would qualify for the relief, will continue the Government’s focus on ensuring provided that a ministerial certificate regarding equity and competitiveness in our economy. the financing of the project was issued by 31 I wish to refer to some of the specific measures December 2004. A small number of outstanding touched upon by Deputies. On the aiding and applications for certificates were under examin- abetting provision which is being introduced, I ation by my Department in December 2004 and am glad there seems to be a general welcome for it was not possible to complete the detailed exam- changes proposed to section 1078 of the Taxes ination and assessment by the cut-off date of 31 Consolidation Act, which deals with revenue December 2004. offences. I agree with Deputies that we must My announcement of 22 December stated that learn from past experience in dealing with tax the applications had to be received by 31 evasion, and strengthen the law where necessary. December 2004 instead of the previous require- I am also pleased that there appeared to be a ment for the ensuing ministerial certificate issuing general welcome for the measures to allow Rev- by that date. It would have been unreasonable to enue to make inquiries in relation to single pre- preclude the institutions concerned simply mium life policies. It is too soon to say what the because the examination process had not been tax yield from these inquiries may be. However, completed. The three cases in hand are to do with this is a useful measure that will help to clear up public institutions. I do not wish to comment on some of the legacy of past evasion. I note in pass- whether the applications will be successful since ing that the proposed provision contains they are being examined, but the three proposals important safeguards against inappropriate access were from the University of Limerick, the Water- to personal data, such as medical records. ford Institute of Technology and St. Angela’s Some Deputies suggested that the review of tax College, Sligo. schemes I announced in the budget is not neces- The question of overpayments by PAYE tax- sary or that I should have made certain decisions payers was raised by a number of spokespersons in advance of this review. The Government is and Deputies. I recognise the concerns which undertaking the review to determine what we can have been expressed. The PAYE system has learn from past experiences and whether it should served the country well for 45 years and the Rev- seek to bring about any changes, given the cur- enue Commissioners are satisfied that the vast rent level of economic and sectoral development. majority of PAYE workers receive their full Those are matters to be decided upon based on entitlements each year. These entitlements are, in what emerges from the review. The questions the first instance, reflected in the tax credit cer- include the role for a wide range of tax relief tificates issued at the beginning of each year. schemes, in particular those availed of by high Revenue is currently in the process of issuing 745 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 746 over 2 million certificates to PAYE taxpayers for regard. The Government is making good progress the 2005 tax year. These certificates reflect the in discussions with the European Commission on most up-to-date information Revenue has on an the detail of the scheme to be introduced. I am individual and they are accompanied by a leaflet as anxious as the Deputy to get the scheme up giving details of the credits or reliefs to which tax- and running. payers may be entitled. Various Deputies raised the issue of tax relief While it is right and proper that Revenue seeks for child care. Over recent years the Government to make sure that taxpayers receive their entitle- has considered carefully the whole area of child ments, it will always be important that taxpayers care. The Government has increased child benefit bring changes in their circumstances to the atten- by very substantial amounts since 2001. It has tion of Revenue. Many of the reliefs mentioned been increased by nine times the CPI in that in recent weeks, such as medical expenses, tuition period. fees, service charges and union subscriptions, are The equal opportunities child care programme not known to the Revenue until the individual funds capital development to increase places, sup- claims for them. port staffing costs for facilities targeting disadvan- Revenue is currently engaged in a comprehen- tage and the improvement of the quality of child sive modernisation of its PAYE computer system, care. Over the next five years, 2005-09, the capital which will include the ability to make amend- envelope for the planned programme of con- ments and claims over the Internet and much tinued investment in child care facilities will be closer computer links with the Department of \313 million, which is expected to create about Social and Family Affairs. When the roll-out of 17,000 places, 3,400 per annum for each of the the new system commences later this year it will next five years. The 2005 allocation for the EOCP provide a greatly improved level of service for provides \83.4 million of which \43.8 million is PAYE taxpayers, including, subject to defined current funding and \39.6 million is capital fund- parameters, a facility for automated reviews of ing. This is all new spending since 1997. Prior to liability where Revenue is satisfied that the fig- 1997, the only equivalent provision was a pilot ures are correct. The Finance Bill includes pro- scheme which ran from 1994 to 1997 at a total visions in sections 20 to 24 to underpin this new cost over the three years of \1.6 million. service. These provisions can be discussed in The Government has also undertaken more detail on Committee Stage. measures to favour the supply of child care by Deputy Boyle suggested that the increase tax incentives to set up facilities, providing 100% which the Bill proposes in the limit for publi- capital allowances available in year one for cation of settlements with tax will lead to wide- expenditure on the construction, refurbishment spread low level tax abuse. I do not accept this or extension of child care premises which meet argument. Deputies Crawford and Ardagh also the required standards of the Child Care Act discussed the question of these thresholds, 1991. There is also relief from benefit-in-kind tax- although they took a different view. It is a ques- ation for free or subsidised child care where this tion of balance. The limit of \12,700 has not been is provided by employers. Taken together these changed since it was first enacted at a rate of represent substantial measures from a start-up in £10,000 in 1983. If indexed according to the con- 1997, to assist with the cost of child care, in stark sumer price index, the figure would be a little contrast to Deputy O´ Caola´in’s suggestion that more than £26,000. In many recent publication nothing of substance was being done. cases, the bulk of the settlement consists of Deputy Bruton also referred to indexation in interest and penalties rather than tax underpaid, the capital gains code. After indexation relief was which could often be relatively small sums relat- introduced in 1978, there was high inflation in the ing to periods many years ago. This goes against 1980s and high capital gains tax rates. the original purpose of the provision when it was 7 o’clock At the time, these high rates were a introduced in February 1983. It was said to be for major deterrent for people consider- “the larger back-duty cases involving default by ing disposals of assets. Now that the tax rate has the taxpayer”. The new proposed level strikes a been lowered to 20%, and inflation consistently good balance. low, there is no cogent need to retain indexation Deputy Connolly is of the opinion that the relief in the capital gains tax system. Most coun- excise duty on tobacco should have been tries do not apply indexation relief to the taxation increased in view of the known effects of tobacco of capital gains. As regards abolition of roll-over on health. No one can say that the Government relief, referred to by Deputies Bruton and has been soft on smoking as we introduced the Crawford, roll-over relief made sense when CGT smoking ban in the workplace and since coming rates were 40% and above. As the Deputies will into power in 1997, the excise duty on a pack of be aware, the rate was halved from 40% to 20% 20 cigarettes has increased by \2. However, there in budget 1998. In budget 2003, it was announced is a limit and it must be taken into account when that no roll-over relief would be allowed for any setting excise rates that the volume of cigarettes purpose on gains arising from disposals on or released from bond has fallen by 24% in the past after 4 December 2002. two years. The abolition of this relief is in accordance with Deputy Boyle raised the issue of biofuels. the overall taxation policy of widening the tax There was a provision in last year’s Bill in this base to keep direct tax rates low. It is logical to 747 Finance Bill 2005: 9 February 2005. Second Stage (Resumed) 748

[Mr. Cowen.] effective in helping these buyers take a first step tax capital gains when they are realised and this on the property ladder. change brings CGT into line with other areas. As Deputy Perry expressed some criticism of pre- regards the question of CGT in a compulsory pur- liminary corporation tax payment dates. I note in chase order situation, the CGT due on a disposal this regard that, as he acknowledged, the Irish tax of land under a CPO is calculated in the same system is not over-burdensome for companies. way as for any other disposal of land, that is, the The Government is trying to bring payment dates total sum received will be the amount to be into line with international standards. assessed for tax. Deputy Deenihan referred to the issue of VAT As regards the points made by Deputies deductibility for entertainment expenses and I Deenihan and Glennon and others in regard to note his plans to propose an amendment. This the Gaelic Players Association, I have given a form of deductibility was available in the past and commitment that this will be thoroughly appears to have been widely abused. examined. I thank Deputies for their contributions to the In answer to comments made by Deputies Ard- debate. Time does not permit me to respond on agh, Glennon and Curran regarding stamp duty all the points raised. I look forward to Committee for first-time buyers of second-hand houses, I am Stage which will offer an opportunity for a more glad to note that the stamp duty for first-time detailed discussion. buyers of second-hand houses has been genuinely Question put.

The Da´il divided: Ta´, 75; Nı´l, 56.

Ta´

Ahern, Michael. Kelly, Peter. Ahern, Noel. Killeen, Tony. Andrews, Barry. Kirk, Seamus. Ardagh, Seań. Lenihan, Brian. Blaney, Niall. Lenihan, Conor. Brady, Johnny. McDowell, Michael. Brady, Martin. McEllistrim, Thomas. Browne, John. McGuinness, John. Callanan, Joe. McHugh, Paddy. Callely, Ivor. Moloney, John. Carey, Pat. Moynihan, Donal. Carty, John. Moynihan, Michael. Collins, Michael. Mulcahy, Michael. Connolly, Paudge. Nolan, M. J. Cooper-Flynn, Beverley. O´ Cuı´v, E´ amon. Coughlan, Mary. O´ Fearghaı´l, Seań. Cowen, Brian. O’Connor, Charlie. Cregan, John. O’Dea, Willie. Cullen, Martin. O’Donnell, Liz. Curran, John. O’Donovan, Denis. Davern, Noel. O’Flynn, Noel. Dempsey, Noel. O’Keeffe, Batt. Dempsey, Tony. O’Keeffe, Ned. Dennehy, John. O’Malley, Fiona. Devins, Jimmy. O’Malley, Tim. Ellis, John. Parlon, Tom. Fitzpatrick, Dermot. Power, Peter. Fleming, Seań. Power, Seań. Fox, Mildred. Roche, Dick. Gallagher, Pat The Cope. Sexton, Mae. Glennon, Jim. Smith, Brendan. Grealish, Noel. Treacy, Noel. Hanafin, Mary. Wallace, Dan. Haughey, Seań. Wallace, Mary. Hoctor, Maíre. Walsh, Joe. Jacob, Joe. Wilkinson, Ollie. Keaveney, Cecilia. Woods, Michael. Kelleher, Billy.

Nı´l

Boyle, Dan. Deenihan, Jimmy. Breen, Pat. Durkan, Bernard J. Broughan, Thomas P. Enright, Olwyn. Bruton, Richard. Ferris, Martin. Burton, Joan. Gilmore, Eamon. Connaughton, Paul. Gogarty, Paul. Costello, Joe. Gormley, John. Coveney, Simon. Gregory, Tony. Crawford, Seymour. Harkin, Marian. 749 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 750

Nı´l—continued

Hayes, Tom. O´ Snodaigh, Aengus. Healy, Seamus. O’Dowd, Fergus. Higgins, Joe. O’Keeffe, Jim. Higgins, Michael D. O’Shea, Brian. Howlin, Brendan. O’Sullivan, Jan. Kehoe, Paul. Pattison, Seamus. Kenny, Enda. Penrose, Willie. Lynch, Kathleen. Perry, John. McCormack, Padraic. Quinn, Ruairı´. McGinley, Dinny. Rabbitte, Pat. McGrath, Finian. Ryan, Seań. McManus, Liz. Sargent, Trevor. Mitchell, Gay. Sherlock, Joe. Mitchell, Olivia. Shortall, Ro´ isıń. Morgan, Arthur. Stagg, Emmet. Moynihan-Cronin, Breeda. Stanton, David. Naughten, Denis. Twomey, Liam. Noonan, Michael. Upton, Mary. O´ Caolaín, Caoimhghıń. Wall, Jack.

Tellers: Ta´, Deputies Browne and Kelleher; Nı´l, Deputies Kehoe and Stagg.

Question declared carried. olution of the key issues identified by the Taoiseach and Prime Minister Blair Finance Bill 2005: Referral to Select Committee. at Lancaster House in June 2004; Minister for Finance (Mr. Cowen): I move: — regrets that there was no agreement at That the Bill be referred to the Select Commit- that time in relation to two key issues, tee on Finance and the Public Service, in accord- namely, an end to all forms of para- ance with Standing Order 120(1) and paragraph military and criminal activity and 1(a)(i) of the Orders of Reference of that decommissioning; committee. — notes that all parties to the Agreement undertook to pursue their political Question put and agreed to. objectives by exclusively peaceful and democratic means, and that the Agree- Private Members’ Business. ment envisaged full decommissioning of all paramilitary arms within two years; ———— — notes the damage which has been done to the peace process by ongoing crimi- Northern Ireland Issues: Motion (Resumed). nality, including the recent robbery of the Northern Bank in Belfast and the The following motion was moved by Deputy assessment of the Irish and British auth- Kenny on Tuesday, 8 February 2005: orities that the Provisional IRA was responsible for these crimes; That Da´il E´ ireann: — notes that a report by the International — recognises the primacy of the Good Fri- Monitoring Commission regarding day Agreement and the importance of ongoing paramilitary and criminal both Governments continuing to pro- activity will shortly be published; tect and develop its achievements; — emphasises that there can be no room — welcomes the progress made to date towards the full implementation of a in a genuine peace process after ten broad range of commitments made in years of engagement for threats of the Good Friday Agreement; whatever kind; — welcomes the continuation of cross- — rejects recent comments by Sinn Fe´in party support in the House for the spokespersons as to what constitutes peace process; criminality; — reaffirms its view that this Agreement — underlines the need for a responsible must form the basis of a lasting settle- and calm debate of the current difficult- ment in Northern Ireland; ies in the peace process; — welcomes the progress represented by — notes the clearly expressed views of the the proposals of the British and Irish Irish people that all paramilitary Governments, published in December activity and criminality be permanently 2004, towards achieving a complete res- brought to an end; 751 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 752

— believes that with a resolution of cur- the Northern Bank in Belfast and the rent difficulties the restoration of the assessment of the Irish and British auth- devolved institutions and the full imple- orities that the Provisional IRA was mentation of the Good Friday Agree- responsible for these crimes; ment is achievable; — notes that a report by the International — welcomes the continuing and valued Monitoring Commission regarding support of the President of the United ongoing paramilitary and criminal States; activity will shortly be published; — notes the determination of the two — emphasises that there can be no room Governments to maintain dialogue with in a genuine peace process after ten all the Northern Ireland political years of engagement for threats of parties; whatever kind; — welcomes the Taoiseach’s recent state- — rejects recent comments by Sinn Feín ment that his offer regarding the early spokespersons as to what constitutes release of the murderers of Detective criminality; Garda Jerry McCabe has been withdrawn; and — underlines the need for a responsible and calm debate of the current difficult- — expresses its full support for the ies in the peace process; ongoing efforts of the two Governments to bring to completion full implemen- — notes the clearly expressed views of the tation of the Good Friday Agreement. Irish people that all paramilitary activity and criminality be permanently Debate resumed on amendment No. 1: brought to an end; To delete all words after “Daíl E´ ireann” and — believes that with a resolution of cur- substitute the following: rent difficulties the restoration of the — recognises the primacy of the Good Fri- devolved institutions and the full imple- day Agreement and the importance of mentation of the Good Friday Agree- both Governments continuing to pro- ment is achievable; tect and develop its achievements; — welcomes the continuing and valued — welcomes the progress made to date support of the President of the United towards the full implementation of a States; broad range of commitments made in — notes the determination of the two the Good Friday Agreement; Governments to maintain dialogue with — welcomes the continuation of cross- all the Northern Ireland political party support in the House for the parties; peace process; — welcomes the Taoiseach’s recent state- — reaffirms its view that this Agreement ment that the question regarding the must form the basis of a lasting settle- early release of the murderers of Detec- ment in Northern Ireland; tive Garda Jerry McCabe was no longer on the table; and — welcomes the progress represented by the proposals of the British and Irish — expresses its full support for the Governments, published in December ongoing efforts of the two Governments 2004, towards achieving a complete res- to bring to completion full implemen- olution of the key issues identified by tation of the Good Friday Agreement. the Taoiseach and Prime Minister Blair —(The Taoiseach). at Lancaster House in June 2004; Minister for Justice, Equality and Law Reform — regrets that there was no agreement at (Mr. McDowell): I wish to share time with that time in relation to two key issues, Deputies Kirk and Glennon and the Minister of namely, an end to all forms of para- State, Deputy Treacy. military and criminal activity and I speak as a constitutional republican who, to decommissioning; use the words of Article 3 of the Constitution, shares the firm will of the Irish nation in harmony — notes that all parties to the Agreement and in friendship to unite all the people who undertook to pursue their political share the territory of the island of Ireland in all objectives by exclusively peaceful and the diversity of their identities and traditions, democratic means, and that the Agree- recognising that a united Ireland shall be brought ment envisaged full decommissioning of about only by peaceful means with the consent of all paramilitary arms within two years; a majority of the people democratically expressed — notes the damage which has been done in both jurisdictions on this island. I also speak as to the peace process by ongoing crimi- a constitutional republican who believes that the nality, including the recent robbery of tricolour of green, white and orange, our national 753 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 754 flag under Article 7 of the Constitution, is a sym- been crafted not to be negative but to be positive bol of a fundamental value that the vocation of and, above all, to be truthful and to describe true Irish republicans is the reconciliation of things as they are and to identify the problems those traditions and their unity, not the creation that now exist. Those of us who believe in the or perpetuation of conflict between green and values of republicanism, in a united Ireland, in orange. reconciling green and orange and in the rule of I also speak as one who believes the Good Fri- law and the authority of that rule of law must day Agreement, which is embodied in our Consti- unite in expressing those values and in standing tution, is a solemn, legitimate and an authoritat- by them. ive expression of the democratic wishes of the We must take this opportunity to unite behind people of both parts of this island freely given in a simple message to those who have difficulty fair and democratic referenda. As a republican, I, with these concepts. The message is that there is and everybody in this House, cannot accept that no room on this island, North or South, for those any contending mandate from history or any the- who seek to share in the executive authority of ory overrides or supersedes the Good Friday any institution set up by the people on the basis Agreement. Still less could any genuine republi- that they can pursue democratic politics while in can claim that a tiny group of secret para- alliance with paramilitaries. That cannot be done. militaries have some superior right or root of title It is a cul-de-sac and a road that has no end as to governmental authority on this island which far as republicanism is concerned. authorises or justifies them in usurping the freely Like many other speakers, I support the Good given, solemnly expressed will of the Irish people Friday Agreement. However, we must realise embodied in that Agreement. now in early 2005 that, going back to the time Such a claim is the very antithesis of republi- the Agreement was hammered out in 1998, it was canism. Not only is it bogus, it is bereft of any based upon the supposition and assumption that historical truth or morality. The very notion that all who were to take part in its implementation the popular mandate of the second Daíl, as we would abandon paramilitarism, end any alliance are told by some theorists, could be somehow with the use of violence for political ends and use handed down 20 years after its election in entirely peaceful and democratic means there- December 1928, long after the Daíl’s term was after to achieve those ends. spent, by two elderly persons describing them- However, it also requires, and this is the point selves as Comhairle na dTeachtaı´ in secret to a the House should dwell upon for a moment, some paramilitary body, such as the IRA, and that it basic element of political integrity. This is not would in January of 1939 announce that it was, as some high, moral and arch political posturing. It a consequence of that transmission of authority, is the basic political integrity which recognises the legitimate Government of this country is not there cannot be a situation in which some people simply absurd but it is grotesque. distinguish between acts that are against the Democratic mandates, like democracy itself, criminal law of this State or of Northern Ireland are not capable of being taken hostage or of and say that when they are carried out by some being transmitted like property by tiny groups to people they are lawful, and when they are carried be used or abused by them in their future quest out by other people they are not, and that crimes for power or influence. On the contrary, true are not committed by some people depending on republicanism can never be severed from the their theory of history, where the self-same ident- principle of democratic mandates, about which ical act when committed by another person with- we hear so much. It is not a holy flame kept burn- out that mandate from history is a crime. That ing by some secret cult. The Irish Republic cannot be a basis for going forward. derives its authority from the strong voice of the I have been accused, as have other Govern- people not from some ghostly whisper from his- ment members, of somehow being unenthusiastic tory. That is why we republicans in this House about the peace process. The Good Friday must stand by the one and only Republic that Agreement is the peace process and working it exists on this island. We must stand by its Consti- out and implementing it is what the peace process tution — Bunreacht na hE´ ireann — its Defence is all about. The Government is united, and no Forces, the only O´ glaigh na hE´ ireann on this effort to divide it will succeed, in the full and fair island, its Garda Sıóchańa, the only police force implementation of the Good Friday Agreement. of this State and its democratic institutions, courts We are positive about everybody’s opportunity to and laws. Nobody on this island has the right to participate in implementing that Agreement. We say they make up their own laws or that they seek to exclude, marginalise or criminalise decide what is lawful or unlawful or that they nobody. decide what is criminal or not criminal. All of Criminalisation, marginalisation and exclusion those obligations are impressed upon us by our on the part of the provisional movement are self- fundamental political duties as citizens of this inflicted handicaps deriving solely from its refusal State and of loyalty to that State, which is also set to face up to the implications of what it claims to out in the Constitution. have agreed to in 1998. This was the terms of the The motion before this House is, happily, one Good Friday Agreement, the Mitchell principles that I think commands the support of the and the commitment not merely to exclusively majority of Members. It is a motion which has peaceful and democratic means in the pursuit of 755 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 756

[Mr. McDowell.] now time to exert its authority on the Nationalist political goals, but also to oppose the use of viol- communities over which it holds sway. Crimi- ence by others. That obligation of the Agreement nality has been taking place on both sides of the to oppose the use of violence by others is as cen- Border on a sustained basis since 1998, moder- tral to participation in its implementation as any ated now and then to suit the provisional strategy. mandate. I told this House of how the Dublin brigade of It is not possible to claim opposition to the use the IRA was stood down because its members of violence by others if armed robbery, armed were sticky-fingered and began to share in the punishment beating — which is a euphemism for proceeds of the fund-raising operations which torture and mutilation — extortion, exiling under they were carrying out on behalf of the pro- threat, attempted murder and murder fall to be visional movement. Some of them were brought viewed by one as things that are not crimes. One north of the Border and shot in the limbs for their cannot hope to participate in the political process troubles. However, the implication of that action while one has those mental reservations. I say this to the gullible might be that this was an end to all not on an exclusionary basis but on the basis of that behaviour — far from it. appealing to those who hold those views to exit What took place afterwards was that criminal that time warp and parallel universe and to come activity, including fund-raising, robberies and so into the democratic world occupied by the rest of on, were then moved, as far as their organisation us on equal terms. and planning was concerned, to Belfast. The adju- Equality is what is on offer but equality is a tant of the IRA in Belfast, a man who rubs shoul- challenging item. It is a matter of give as well as ders with people we see on television prating on take. Those who seek equality for their mandate about human rights, the peace process and their must equally accept that their mandate was not mandate, began to organise major criminality in sought and obtained on the basis of a continued this city and came down here to discover what alliance with the threat and use of violence and was going wrong and to threaten with death those criminality to support any particular end. who had made a mess of his arrangements if these Where does this leave us now, looking at where things ever happened again. the negotiations in December ended? It is not Criminality will not go away as an issue. As true to say they ended on the basis of an impasse long as that is in doubt in some minds, we have a about a photograph, nor is it true to say they major problem. However, when it is clearly ended solely because of reservations and an understood, we have the chink of light that will unwillingness of the part of the Unionists in allow those people who have sought a mandate Northern Ireland, the DUP and the UUP, to take to create peace in Northern Ireland and on this part in the democratic institutions. They ended island and to pursue their republican and socialist in large part because the Sinn Feín negotiators policy objectives to participate as equals. This is communicated to the two Governments that they possible once light begins to fall on that one sim- could not sign up to the simple proposition that ple proposition as to whether it is possible to con- in future the provisional movement, in both its tinue with violence into the future in tandem with parts, would undertake solemnly and as a con- democratic politics or whether violence and the dition of further progress to respect the rights and threat of violence and criminality must end. safety of others. No basis exists for anybody to claim they are being victimised by the unanimity and consensus CaoimhghıńO´ Caolaín: That is a misrep- that has emerged in recent weeks on these resentation. matters. Nobody is being marginalised or has their mandate devalued and above all nobody is Mr. McDowell: Is that a demanding question being cornered or pushed towards some intoler- or requirement to make of anybody? Of course it able position. Nobody has his or her patience is not. It is the basis upon which we all participate tested. On the contrary, as in the past, every in politics, to uphold the rights and safety of opportunity is being offered to those who are others. Time and again, however — and I know democrats to take up the challenge of the man- this because I sat there and saw the drafts going date they have received and to contest the demo- this way and that — this proposition was put to cratic process on equal terms with the rest of us. Sinn Feín. Time and again, every effort was made I welcome the fact that this motion was tabled on to avoid signing up to that proposition. Every an all-party basis. effort was made to equivocate around that obstacle, as they saw it, to get around it, to fudge CaoimhghıńO´ Caolaín: That is not the case. it and to claim it would be all right on the night and they would think of something later. In the Mr. McDowell: I welcome the fact that the last analysis, however, that simple proposition motion has been so widely supported in the was apparently too much to be swallowed. House. I believe the motion will attract not only Criminality did not begin on the day the the support of the great majority of Members of Northern Bank was raided, nor did it begin with the House but also that of the great majority of the recent rash of punishment beatings in Belfast the Irish people. Failing to live up to the logic of which was turned on with the click of fingers by this motion is a self-inflicted handicap that the a provisional movement which decided it was Provisional movement has taken upon itself. 757 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 758

When and if its members go away and consider Day and we look forward to this valuable tra- all these matters and when they wake up to the dition continuing in the years to come. truth, we will have made some progress. Mr. Glennon: I support the motion, which Mr. Kirk: I am pleased to have the opportunity addresses the full context in which the Govern- to contribute to this vital debate and to express ment and the parties in this House can assess the my full support for the Government motion. It is current state of the process. As the Taoiseach and of the utmost importance, at this difficult time for other speakers have outlined, the present situa- the peace process, not to lose sight of the need to tion is very serious. The tensions of the marching uphold the Good Friday Agreement, to consoli- season are already not far off. At this point, we date the progress already made and to seek to can only hope that the cross-community work on achieve its full implementation. the ground of recent years and the wise adjudi- As a Member of this House representing a cation of the Parades Commission will ensure Border constituency, I am very conscious of the that tensions and conflict on the interfaces are real and marked change, which has been brought contained and minimised. As with many other about since the signing of the Agreement in 1998. problems, the issue of contentious parades can It is a matter of deep personal regret to me that only be resolved through dialogue and agree- this progress should be in any way delayed and ment. The Good Friday Agreement envisaged that the full implementation of the Agreement that no one should need to yield his or her cher- should be impeded by the ongoing failure to ished convictions or beliefs. It enshrined the decommission illegal arms and to end, once and belief that everyone should respect the views and for all, paramilitary and criminal activity. This is rights of others as equal to their own. simply not acceptable and cannot be allowed to In current circumstances, when the focus is continue. inevitably on recent events and the difficulties of securing momentum in the political process, this Tremendous work was done by the Govern- idealistic vision of the Good Friday Agreement ment last autumn in working with the British may seem remote. Nevertheless, it is hugely Government and the parties towards the achieve- important to take account of some of the encour- ment of a comprehensive agreement. This would aging progress made to date on human rights and have seen the restoration of the power-sharing equality, which, despite being at the heart of the Executive, the Assembly and the North-South Agreement, are often overshadowed by other Ministerial Council. I recall very well the great issues. sense of optimism for the future, which pervaded The Agreement, particularly in its rights, safe- the atmosphere at the time. guards and equality of opportunity section, rep- I have been a long-standing member of the resents an important accommodation that pro- British-Irish Interparliamentary Body and its ste- tects and promotes the identities and entitlements ering committee. Contacts, both British and Irish, of all political traditions, groups and individuals. made through that body have always reinforced I know the Government attaches a high priority for me the very broad, popular and cross-party to the human rights agenda of the Agreement. It support, which exists for the Good Friday Agree- is discussed with the British Government on an ment and for its complete implementation. Last ongoing basis, including through the framework October, at a time when the Governments were of the British-Irish Intergovernmental Con- engaged in extensive talks with the parties, I co- ference and was a central component of the Joint chaired a meeting of the body in Wales. The Declaration published by both Government in mood at that meeting was most optimistic and May 2003. hopeful, and the fair wind behind the effort to We have seen the establishment of human reach comprehensive agreement at that time was rights commissions, North and South. The two obvious to all. It will be a tremendous loss if these commissions have set up a joint committee of rep- hopes cannot be realised. resentatives that considers human rights issues on As well as the encouragement received from the island of Ireland. The operation of the the British-Irish Interparliamentary Body, the Equality Commission in Northern Ireland is peace process in this country has also benefited another of the success stories of the Agreement. from the support and solidarity of many friends Despite this progress, I know the Government overseas. The continuing support of the United recognises that there is no room for complacency States for the Government’s work in pursuit of and that it will continue to strive for the full lasting peace and stability in Northern Ireland implementation of the human rights and equality simply cannot be underestimated. The Minister agendas, which are at the core of the Good Friday for Foreign Affairs is in Washington this week to Agreement. The creation and consolidation of a discuss recent developments. The Minister is also culture and framework of equality and human engaging with key contacts in the US Admin- rights on this island will serve to underpin and istration and in Congress this week as well as in support the pressing goal of attaining stable, the Irish-American community. Such contacts inclusive, power-sharing government in have been invaluable in promoting progress over Northern Ireland. many years. As many Members are aware, the Certain parties seem to feel that they have Taoiseach will visit Washington on St. Patrick’s cornered the market on human rights and 759 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 760

[Mr. Glennon.] 1994. It was a recurring nightmare of violence and equality. They seek to explain away any legit- retaliation visited on the innocent. Many lives imate political criticism that is directed at them and families were wrecked by death and injury. as being an infringement of their human rights or The details of many, if not most, of the cases have a denial of equality. I hope my remarks this long passed from the public consciousness, but evening have shown that sustaining human rights some cases continue to generate headlines many and equality is not about slogans thrown around years later. How we collectively respond is at the for political convenience but about patiently heart of the matter. The need to understand what building up frameworks and processes that, over occurred and to acknowledge and address it is a time, institutionalise them at the heart of govern- common theme in the long-running debate about ment and society. how to address the legacy of a violent past. It is in all our interests and it is our responsi- The possibility of establishing a truth and bility to continue to build a society in Northern reconciliation body has been discussed at length. Ireland where the legitimate rights of each indi- No firm conclusions can be drawn at this stage vidual and each community are accommodated about what such a body might entail. We do not and respected. That is our programme and I com- know whether such a model can be applied suc- mend the motion to the House. cessfully to the circumstances of Northern Ireland. Any process or approach that is chosen Minister of State at the Department of Foreign must have the full support of the victims and their Affairs (Mr. Treacy): As both Governments have relatives. One of the problems intrinsic to made clear, the current difficulties in the peace Northern Ireland is that there is no shared or process have been immeasurably complicated and agreed view of what happened and the reasons deepened by the robbery of the Northern Bank. for such acts. Views of the past remain deeply Continuing paramilitary activity and criminality is divided and it is unlikely that consensus would rightly the focus of our efforts to remedy the cur- emerge, if it were sought, on the causes of the rent difficulties. Removing the impasse and secur- conflict. ing the establishment of the institutions of One of the core purposes of the Good Friday devolved government in Northern Ireland, as set Agreement was to offer equality of treatment and out in the Agreement, on a stable and durable identity to both sides, thereby removing the foundation must remain our overriding objective. insecurity of both communities that helped to The Good Friday Agreement is an expression generate the conflict in Northern Ireland. That of the democratic will as expressed on this island, principle must be adhered to during any process North and South, in May 1998. As has been made of dealing with the past. I understand that the UK clear by the Taoiseach in the course of this debate, the agenda set out in the Agreement and select committee on Northern Ireland affairs is endorsed by the people is a comprehensive one, working in this area. It is listening to submissions addressing all aspects of the problem of Northern from groups from both communities and Ireland. As well as resolving the problem of the focussing on methods that have been used to residual paramilitarism of today, we also need to bring closure to other conflicts that could assist focus on dealing with the legacy of the violence the process of healing in Northern Ireland. The of the past. The Good Friday Agreement set out Government looks forward to reading the com- the principle, that it is essential to acknowledge mittee’s recommendations and commenting on and address the suffering of the victims of viol- them in due course. Any such process will require ence, as a necessary element of reconciliation. the support and endorsement of victims’ groups Victims have a right to be remembered and to as a first principle. contribute to the debate about the transition to a Over 2,000 cases of murder during the conflict, normal peaceful democratic society. It is including the deaths of security force personnel, important for all of us to remember that behind have not yet been solved. The Secretary of State the statistics of the Northern Ireland conflict lie for Northern Ireland has consulted the chief con- vivid and painful events, which have personal stable of the PSNI, Hugh Orde, on how the work repercussions for victims, their families and of the PSNI’s serious crimes review unit can be friends and for the communities they come from. expanded to deal with a greater number of the It may sometimes seem that the most positive unsolved murders. That is just one element of the thing to do is move on and focus on the future, overall debate on how to deal with the past in a but that is often exceptionally difficult for those way that allows people to move forward. for whom a sense of loss, anger and confusion It is right that the Government and all the par- persists. Their stories have been chronicled in a ties should dedicate themselves to ensuring that deeply impressive and moving book, Lost Lives: there are no more victims of paramilitarism now The Stories of the Men, Women and Children or in the future. Equally, it is vital to recall and Who Died Through the Northern Ireland remember the victims of past violence and to Troubles, which has become an important testi- ensure that we learn about their experiences. monial and act of remembrance for many victims. That process is necessary to ensure that such If one reads at random some of the cases out- experiences are not repeated or inflicted on lined in the book, one is reminded of what life in future generations. I fully support and endorse Northern Ireland was like before the ceasefires of the motion. 761 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 762

Mr. Sargent: Cuirim faílte roimh an deis lab- North and South, as well as by the Green Parties hairt ar an bpro´ isea´s. Ba mhaith liom mo chuid of Scotland, England and Wales. ama a roinnt leis na Teachtaı´ O´ Caolaín, The development of the peace process has Connolly, Finian McGrath, Harkin agus Joe been delayed significantly by a lack of cohesion Higgins. within the Government, which seems to be adopting a good cop, bad cop approach. The Taoiseach An Leas-Cheann Comhairle: Is that agreed? seems to be going soft and the Minister for For- Agreed. eign Affairs, Deputy Dermot Ahern, has pre- dicted a role for Sinn Feín in Government. On Mr. Sargent: We have heard a number of views the other hand, the Minister for Justice, Equality during this debate, all of which have been broadly and Law Reform, Deputy McDowell, is con- supportive of the motion before the House. Sev- stantly talking about how such involvement is not eral speakers referred to the need to support a possible because of ongoing instances of crimi- party’s electoral mandate, which strikes me as a nality. People like the leader of the DUP have fundamental issue. The Green Party thought the exploited the breakdown in the cohesiveness of issue was dealt with at the time of the referendum the Government’s approach by adopting a “sack- on the Good Friday Agreement, which it sup- cloth and ashes” view of the peace process. The ported wholeheartedly. My party is willing to raid on the Northern Bank in Belfast made things work in any way it can to help to implement the worse, of course. Agreement. I hope those from the physical force Sinn Feín needs to reflect on its position in tradition will recognise that the mandate that was respect of policing. If it grasps the nettle by part- given by the entire island in 1998 supersedes the icipating in the policing board and being part of mandate from the 1918 election, to which they the investigation into the robbery, the allegations always claimed allegiance. That there seems to be it is making about some kind of set-up could be some ambiguity about the timing of the ending of investigated. It is no longer possible to straddle violence, which was supposed to have been dealt both sides of the fence. Sinn Feín needs to move with in 1998, is a great disappointment. I do not on. The kind of courage that has been shown in the past needs to be shown again. doubt that there is some foot-dragging about the implementation of the Agreement. CaoimhghınO´ Caolaín: I intend to propose As we call for an end to violence, perpetrated ´ later in the debate the Sinn Feín amendment to by a state or otherwise, it is important to remind the motion before the House in the names of ourselves that the Agreement put in place practi- Deputy Kenny and the Taoiseach, the third ver- cal and beneficial forms of cross-Border co-oper- sion of the Fine Gael motion to be placed on the ation in 13 areas. Such co-operation in the agri- Daíl Order Paper within a few days. Fine Gael’s culture sector, for example, saved us from the inability to craft a motion for its Private worst ravages of foot and mouth disease. The Members’ time does little for its claim to be the tourism industry has benefited from marketing on Government in waiting. Its ham-fisted approach an all-island basis. The Irish and Ulster Scots lan- to this debate reflects the bungling of its previous guages are undergoing vibrant renewal and leadership of the peace process and illustrates its development as a result of cross-Border co-oper- failure to understand the complexities of the ation. The energy sector will be absolutely essen- issues we face. tial because we are at the end of a Siberian My fellow Sinn Feín Deputies and I are proud natural gas pipeline. to represent in this House our electorate and our There are other areas in which practical co- party, which is a democratic party. We are here operation is needed, such as the health service. on the basis of our democratic mandate. Sinn The crisis in health care in County Donegal Feín’s negotiators have participated in every would be alleviated significantly if services in stage of the talks process and in every phase of Derry’s main hospital were available to the negotiations on the basis of the party’s electoral people of Inishowen, for example. I appeal to the support and on that basis alone. Sinn Feín has the representatives of the British Government, who electoral support of well over one third of a mill- may be observing this debate, to do what needs ion people in Ireland. We take seriously the to be done in respect of this issue. While it does responsibility our electors have given us and our not relate to bombing or any other form of viol- obligation to represent them effectively. ence, the need to develop health care systems on As leader of the Sinn Feín Deputies, I wish to a cross-Border basis is certainly a matter of life make clear our absolute refutation of all the false and death. The Green Party is interested in such accusations of criminality made against our party. practical issues that affect people on the ground. As the Sinn Feín amendment states, we reject The peace process has to be pursued and its criminality of any kind. I do not intend to use key elements need to be implemented. It is my limited time to address every false allegation important to focus on what has been achieved, thrown around this House and around the media. rather than concentrating on what remains to be The charges do not relate to criminality, the IRA done. The Green Party is playing its part in this or even the peace process, they are about the regard by planning on becoming an all-island pol- party politics of this State. Charges are being itical party in the future. Its beliefs are shared made in a climate in which the old opponents of 763 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 764

[CaoimhghıńO´ Caolaín.] thorough re-commitment by both Governments the peace process have come out of the wood- to the human rights agenda. We need to see full work. These are the people who vilified John co-operation from the British Government with Hume and Albert Reynolds for taking risks for inquiries into collusion, including into the Dublin peace a decade ago. The current Minister for and Monaghan bombings and the many other Justice, Equality and Law Reform was among the instances of collusion in this State. begrudgers at that time. His recent conduct shows I firmly believe we can put this process back on that while he claims to have changed his mind, track. Sinn Feín is determined to fulfil its part of his heart is still back in the days of section 31, the collective responsibility to address all the out- internment without trial and the demonisation of standing issues, including Unionist reluctance to the entire Nationalist community in the North. share power with Nationalists and the issues of It is ludicrous to suggest that somehow Sinn arms and armed groups. It must be made patently Feín has been assisted in achieving increased clear that we opposes a return to violence by any electoral support by Fianna Faíl, Fine Gael, the armed group. We will also oppose any attempt to Labour Party and the Progressive Democrats. penalise our electorate, treat them as lesser citi- What a joke. All these parties have tried and are zens, impose preconditions on our participation trying everything to stop us. What are the so- in dialogue and negotiations, or reduce those called concessions or “acts of appeasement” engagements to a one-item agenda. Sinn Feín is referred to during this debate? Was the lifting of committed to building this process, building the political censorship of the broadcast media a towards real change and the reunification of our concession or an act of appeasement? What island and our people. Accordingly, I commend elements of the Good Friday Agreement are now the Sinn Feín amendment to the House. to be viewed as concessions and what elements do those who talk of appeasement want to see Mr. Connolly: I welcome the opportunity to removed? Do they include the equality agenda, speak on this motion. Most Members have relied human rights issues and the status of the Irish on soundbites by the media to inform themselves language? on what has been happening in the peace process Let me make very clear to the two Ministers over the past ten or 12 years. We are not on the present and all others listening that we accept the inside track and could be accused of making validity of the institutions of this State. I have said remarks based on a wealth of ignorance. Having so before in this House. We will not accept lec- said that, I believe, as a Border Deputy, that I tures on that score from either side of this House. have a fair understanding of how we should make Where the Government is concerned, the Mini- progress. I have a good depth of feeling for and ster for Justice, Equality and Law Reform should knowledge of the subject. use his expensive time dealing with the real crime I remember clearly the day on which the pro- and anti-social behaviour that bedevils communi- visional IRA’s ceasefire broke down in 1975. I ties in this State rather than indulging his antipa- happened to be in what one might call the wrong thy to Sinn Feín. He and his colleagues would do area of Belfast. If one could have bottled hatred, better in the eyes of the electorate if they one would have obtained a lifetime supply of it addressed in a real way the social and economic in certain communities in Belfast. There is a very inequalities they have allowed to fester in this deep sense of distrust and blame. This surfaced prosperous economy. recently when the President made what could be Great progress was made in this peace process considered an unhelpful remark to the effect that last December. It is sad that so many in this Protestants were taught to hate Catholics. House are so blinded by their anti-republican prejudice that they cannot acknowledge or under- An Leas-Cheann Comhairle: References to the stand the enormity of what the IRA was on the President should not be made in the House. point of delivering at that time, including putting all arms beyond use by the end of 2004. Instead Mr. Connolly: I will leave it at that. I believe of building on that, the Governments allowed the the President was 50% correct but there is a two- agenda to be set by rejectionist unionism and thus way process involved. I regret that I was not created the impasse that exists today. It was a aware that I could not make reference to this repetition of October 2003 when David Trimble matter. was allowed to rubbish the report of the IICD. Some 95% of people in Northern Ireland, both The Sinn Feín amendment states that the two Catholic and Protestant, want to co-exist with one Governments can and should proceed with the another. The feeling of hatred is restricted to implementation of those elements of the Good small areas. It is sometimes fed to the communi- Friday Agreement for which they are directly ties in question and therefore the political leaders responsible. These include demilitarisation by the must consider the effects of their public state- British Government. Let its representatives in the ments on people in some of the ghetto areas. House note and report this. Other elements The peace process has achieved a great deal. include the full implementation of the Patten We have come a very long way, particularly when report and a new beginning to policing of a kind one considers the circumstances that obtained in we can all support and in which we can all partici- 1975 and, more recently, over the past ten or 11 pate, increased all-Ireland co-operation and a years. Many lives have been saved as a result of 765 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 766 the peace process and we should not risk aban- Mandela who stated: “One of the things I learned doning it. We had an offer of arms decom- when I was negotiating was that, until I changed missioning, which I felt was good enough because myself, I could not change others.” This is very it was to be verified by two men of the cloth. If relevant to this debate. We must realise that only we lose respect for such men, we must question a peace between equals can last. Equality, the direction in which our society is going. respect, diversity and accommodating difference The photograph issue was a fudge. The two comprise the way out of this crisis. These prin- Governments should have bitten the bullet when ciples represent true republicanism. That is why I it arose, requested that the photograph be forgot- have major concerns about the exclusive element ten about and moved on. Criminality is still an of this motion. When Nelson Mandela invited his issue and I do not know who is responsible but jailer to his presidential inauguration he set a fine we have courts and I suggest that we use them to example for a country that needed to forgive its tackle it. We noted today that there is a ceasefire past mistakes in order to build a brighter future. in Israel and Palestine. I did not hear any talk of Martin Luther King said: preconditions, clarifications or verifications in Forgiveness does not mean ignoring what this regard. We will have to take risks in the was done or putting a false label on an evil act. peace process in Northern Ireland. I would like It means, rather, that the evil act no longer the talks to be resumed and the media to take a remains as a barrier to the relationship. step back for another month. Let us use the ideas of Nelson Mandela, Martin Mr. F. McGrath: I thank the Leas-Cheann Luther King and James Connolly and move on Comhairle for the opportunity to speak to this from this crisis in our peace process. motion on the current stalemate in the peace process. It is time for cool heads but straight talking Ms Harkin: I welcome the opportunity to make is also needed. We need to turn off the mega- a short input to this debate. I am happy to sup- phones and start listening to one another rather port the Private Members’ motion. In this debate than scoring political points for the sake of elec- very few punches have been pulled. There has toral gain. I accept that my view might be been tough but fair comment which will clear the unpopular but I am sticking with the architects of air. I welcome the fact that political parties and the peace process. My position is clear and I do individuals have aired their views publicly in this not want it misrepresented in the media. We House, and elsewhere, in a way I have not should all pursue our political objectives by heard before. exclusively peaceful and democratic means. I The central issue is the continuing activity of reject criminality in all its forms. the IRA and its links to Sinn Feín. In recent I commend those who took risks for peace and weeks Gerry Adams said the IRA was not support the positive and constructive role played involved in the Northern Bank robbery. That by all those who have participated actively in the statement indicates a link because in order to say peace process. I want the process to involve that one must know the business of the IRA. That inclusive dialogue and negotiation. However, I is the situation with which Sinn Feín must deal. have some concern about sections of this motion I welcome and applaud Deputy O´ Caolaín’s because I believe all victims should be treated comments this evening. Last week, however, the with equal respect and dignity. I do not accept IRA warned us not to underestimate the serious- that some are more equal and important than ness of the situation. Were those remarks others. addressed to the institutions of this State, the I have many friends who were victims of the Government, the Garda Sıóchańa, the Army, and Troubles and I have yet to hear them call for more important, to the people who voted for the revenge, exclusion or retaliation. They all want Good Friday Agreement, who mandated all poli- this project to succeed. We should listen to and ticians on the island to proceed to build peace? learn from those affected by the Troubles and not The Good Friday Agreement is not an a` la use the 3,000-plus people who were killed to carte menu from which we pick and choose. It score political points. resembles a structure encompassing the different We must face up to the reality that there were facets of the agreement, from human rights to three major groups involved in violence on this policing, from equality to an end to criminality. If island. There was physical force on the part of any of these supports is removed the structure is republicans, Unionist violence and in danger of collapse. That is the position now, 8 o’clock British state violence mixed with col- the structure is unstable. Those who have lusion. There is no high moral invested heavily in the process, individuals and ground on which some sections of Irish society parties, well-known and unsung heroes, must can stand. I call on all sides to change to move make painful choices. the process forward. By this, I do not mean they Governments often put structures and mechan- should scrap their political principles but that isms in place but real peace building—— they should take another step forward to implement the Good Friday Agreement. An Ceann-Comhairle: The time for this slot is We all need the courage and bottle to change. I concluded. I understand that Deputy Joe Higgins am immediately reminded of the words of Nelson was to speak for two minutes. 767 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 768

Ms Harkin: Real peace building happens on class in the struggle for a socialist the ground and in communities. The two govern- solution. ments should look at article 19, annexe A, strand I oppose the motion and the amendments by the 2 of the Good Friday Agreement and set up the Government and Sinn Feín which seek to restore North-South forum for civic society. what has failed, namely, the institutionalisation of sectarian division for which the institutions of the An Ceann-Comhairle: The Deputy should Good Friday Agreement provide. It beggars allow Deputy Joe Higgins speak. He has been belief that anybody can believe that a continu- offered two minutes. ation of these structures, based on sectarian div- isions and parties, can advance the situation. It is Mr. J. Higgins: Amendment No. 2 reads as unbelievable that anyone would think that for a follows: section of the republican movement, which is not To delete all words after “Daíl E´ ireann” and a socialist movement, to be in government with substitute the following: an extreme right wing section of unionism is an advance for working class people in Northern — believes that events in Northern Ireland Ireland. since the signing of the Good Friday Agreement show clearly that a resol- Mr. J. O’Keeffe: I wish to share time with ution cannot be found based on the Deputies McGinley, O’Dowd and Kehoe. I reject institutionalisation of sectarian division the Sinn Feín amendment and its rather ludicrous and on political parties that are based presentation. The debate on the Fine Gael on sectarian division; motion was worthwhile. It has succeeded in its — believes that the large majority of the objectives, to unite the fully democratic parties population in Northern Ireland want behind the Good Friday Agreement and to peace and no resumption of para- reaffirm the continuation of cross-party support military attacks; in this House for the peace process. The debate has allowed the elected representatives of this — demands the continuation of ceasefires jurisdiction to reaffirm the vote of the people in by paramilitary organisations but notes the referendum of May 1998 which confirmed the continuation by these organisations support for the pursuit of political objectives by on both sides of the community of exclusively peaceful and democratic means. undemocratic and oppressive methods As a follow-up there should be further debate. to maintain control over areas where That is why I support the proposal to re-establish they are based and calls for an end to the Forum for Peace and Reconciliation as a these activities; forum for honest dialogue and debate where hard questions could be asked. The SDLP favours this — has no confidence that the current Brit- too. That party contributed a great deal to this ish or Irish Governments, which are process over a long time and has recently been implementing neo-liberal economic too often sidelined. policies, have any solution to the under- I also welcome more debate on the SDLP’s lying social and economic problems recent proposal arising from the impasse, to move which blight in particular catholic and forward the Good Friday Agreement as far as protestant working class communities; possible pending the re-establishment of the — notes in particular the British Govern- Northern Ireland Assembly. The forum would be ment’s policy for further privatisation of a good place for that debate. public services and the planned intro- This debate was a reality check for all the par- duction in 2006 of water charges for ties in the House. It confirmed Fine Gael’s bipar- householders; tisan approach, and enabled it to establish acceptable boundaries and reiterate red line issues, — believes that a resolution to the prob- generally on criminality and in particular on the lems in Northern Ireland can only be release of the killers of Garda Jerry McCabe. based on a united working class mobilis- It assures the Government of support in its ing to resolve the economic, social and honest efforts on behalf of the Good Friday political problems that confront society; Agreement and makes it aware of the boundaries — calls for complete demilitarisation; and the red line issues. I support every word the Minister for Justice, Equality and Law Reform, — calls for an end to all activity by all Deputy McDowell, said so eloquently tonight. paramilitaries, loyalist and republican; The day when he must drive to Limerick to tell — calls for the establishment of genuine Mrs. Ann McCabe that the killers of her husband policing services that are locally based were to be released has been deferred sine die. and under the control of democratically I welcome Sinn Feín aboard the democratic elected policing committees; and train on the basis of full acceptance of the democratic norms that apply to everybody else. Some- — calls for the building of a mass political times Sinn Feín seems to live in a cloud cuckoo party capable of uniting the working land, a make-believe world that began when the 769 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 770 party was established as a breakaway organis- stitutional republicanism and I would not find ation in 1969, and which it continues to maintain myself a stranger in that land. Too often, we in is the only world in which everybody else should this country have had to accept there was only live. one type of republican. I hope we are all seen as The party must address some fundamental republicans. I was born in this country and questions, such as whether it accepts fully the rule became a citizen of the Republic in 1949. My of law in this jurisdiction, that the law is defined allegiance is to the flag, the President, the Army, by this House, and is interpreted by the courts of the Garda Sıóchańa and the institutions of the this land. It needs to reassure us that it fully State. Surely, that is good enough for any man or accepts its obligations under Bunreacht na woman in this country to term himself or herself hE´ ireann, for example, Article 9.2, “Fidelity to a republican in the true sense of the word. the nation and loyalty to the State are fundamen- I listened to Deputy O´ Caolaín. As usual, he tal political duties of all citizens”; and Article 6.2, stated that his mandate is not being adequately “These powers of government are exercisable recognised. I put it to him and the entire Sinn only by or on the authority of the organs of State Feín Party that their mandate is more than recog- established by this Constitution.” nised here, and it is being firmly enhanced and I believe passionately in the Constitution and reinforced. We all have a mandate to come to the the rule of law. If Sinn Feín claims to be demo- House to speak — that is why we are here and it cratic it must fully accept the institutions set down is the reason Deputies O´ Caolaín and Ferris are in this Constitution, the Oireachtas, the courts here. They have their mandate but it is firmly and the police. enhanced and stronger than my mandate because On the issue of criminality, there is no scope when I speak in the House and want to convince for a Humpty Dumpty approach. Humpty people of my argument, I try to do so by the force Dumpty said: “When I use a word it means what of that argument, not by other force. Let me I choose it to mean, neither more nor less.” leave it at that. Crime is as established and laid down by legis- The only mandate not being recognised in this lation in this House and interpreted by the courts. country is that of the overwhelming majority of This is a fundamental point that must be the Irish people who in 1998 voted for the Good accepted. Friday Agreement. That mandate is not being It appears when Gerry Adams speaks of a recognised by Sinn Feín and certainly not by the crime he is guided by whether it was an action IRA. Until we get them to recognise it, progress sanctioned by the IRA army council, a collection will be very limited. of nameless, faceless cowards, accountable only Democracy and the rule of law in this country to themselves. On that basis, it appears the mur- have made many sacrifices in the past seven years der of Jean McConville was not a crime. How can in nurturing what has become known as the peace any sane person present this view? Sinn Feín can process. However, the intractable barriers and try to convince us that the killing of Detective obstacles are as permanent today as they were Garda Jerry McCabe was not a crime. There are seven years ago — echoes of the steeples of bridges to be crossed before Sinn Feín can be Fermanagh and Tyrone. Arsenals have not been accepted as a fully democratic party, but it must decommissioned. Criminality, punishment beat- cross those bridges itself. ings, intimidation, extortion and general lawless- With regard to Sinn Feín’s friends in the IRA, ness have become almost institutionalised in I do not accept that the recent statements of the Northern Ireland. Moreover, while some of us IRA were thinly veiled. They were stark threats. may be reluctant to admit it publicly, it is also My reaction is to tell the IRA it has a brass neck. spreading, whether we like it, into our juris- In many ways decommissioning is not now the diction. Money laundering and other criminal answer as other gangs such as the Mafia can activities are thriving on both sides of the Border. replace guns at any time. The real issues with The Irish and British Governments have toler- regard to the IRA are criminality and racket- ated and turned a blind eye to these activities in eering. However, the core issue is the existence of the vain hope of coaxing the republican move- the IRA. This debate has served to send a simple ment into the democratic fold. One of the least message from this House to the IRA, namely, this acceptable results of this appeasement is its disas- House sends a P45 to Mr. P. O’Neill and all his trous consequences for the body politic in gang. The message is: “Get off the pitch, your Northern Ireland. It has obliterated the parties of game is up.” moderation in Northern Ireland. The SDLP and The message to Sinn Feín is that it is welcome other parties have been sidelined because of this on the pitch but only if it fully accepts the pro- appeasement. visions of Bunreacht na hE´ ireann and the rule of This has not been confined to the Govern- law. If those messages reach home and are ments. Amazingly, the media has participated in accepted and agreed, we can make progress in the this cozy arrangement and our national broad- not too distant future on a complete resolution of caster has joined this consensus. A few weeks the national issue on this island. ago, I watched a television bulletin following the major meeting between the Government and rep- Mr. McGinley: I listened to the Minister for resentatives of Sinn Feín. It was disgraceful that Justice, Equality and Law Reform define his con- representatives of Sinn Feín and others were 771 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 772

[Mr. McGinley.] That is what the public want. It is what voters, the interviewed for five or six minutes whereas Mini- British people and the American people want, so sters only came in as an afterthought; they came let us do it. a poor second and third. Such a situation should not be allowed to continue and our national Mr. Kehoe: I thank my party leader for tabling broadcast media should be brought to heel on this important motion and obtaining cross-party the issue. support in the House. I am pleased to speak on the motion. As a young person, I do not remem- Mr. O’Dowd: Coming from a Border county, I ber the bad old days in Northern Ireland. wish to relate my personal experiences and those However, I do not want to go back to the bad old of my family in regard to the Troubles. My family days in Northern Ireland that my parents and have played some part in bringing about a resol- some of my older colleagues remember. It is up ution to the problem in that my brother Niall, in to Sinn Feín and the IRA to ensure that we do New York, has played his part in the peace pro- not go back to the bad old days. I remember com- cess. My children have not physically seen or ing home from Mass on Good Friday 1998 and heard what happened in the North in those years seeing the moving scenes on television of the as they are too young. However, what this coun- Taoiseach, Deputy Bertie Ahern, reaching an try does not want and will not accept is a return agreement in Northern Ireland. The referendum to violence. in May 1998 re-affirmed what the Irish people The body of Jean McConville was laid at want. They and I want peace throughout this Cooley in north County Louth after she was mur- small island of Ireland. dered by the IRA. The day after the body was I recall visiting other countries in my youth and found, I, with my wife and friends, prayed for her people saying that southern Ireland and Northern there. We saw the care and love of her family in Ireland were all the one. Southern Ireland is not the words on the flat stone placed on the spot part of Northern Ireland, but we want it to be where she had lain for 32 years. It was a sad and one and to be at peace. I recall a number of years tragic moment in a beautiful place in my county. ago bringing the youths from my local GAA club We never want that to happen again. on an exchange trip to Northern Ireland. Some of There is no more appalling crime than to take the parents did not allow their children to travel a mother of ten children and bury her in an because we were going to Northern Ireland. I said unmarked grave for 32 years. It was a tragic and they should not be afraid, that they should let us appalling crime. We also know of the murder in go. A number of them agreed and we really County Louth of Tom Oliver, who was well enjoyed that exchange trip. I would like to see known in his community in Cooley. He was a more of this happening with people not being wonderful, fine family man who was done so low afraid to travel to Northern Ireland. and desperately by the Provisional IRA. A number of Sinn Feín representatives who are The people want an end to the hooded and tor- interested in the real political process are tured dead bodies on the by-lanes and roads of unhappy with what is happening at present. This south Armagh and north Louth. They do not has gone beyond the realm of scoring political want a return to violence, bank robberies and points. If Sinn Feín is interested in going forward, criminality, they want an end to all that forever. it will become part of the political process. Sinn That is what we voted for in the Good Friday Feín and its IRA friends have a motto — if we Agreement and what Ireland and Britain are do not get our own way, we will take the gun out working together on. There is no imperialist tyr- of the holster. I am involved in the democratic anny in Westminster. Instead, there is a British process, not in violence, criminality, racketeering, Prime Minister who wants to bring peace forever smuggling and robbery. Let us go forward with to our country, North and South. Successive a successful peace process. We belong to a very Governments in the South have wanted the important Ireland and I want to see a very happy same thing. Ireland in the future. An apology was made today to the Conlon family by the British Prime Minister — a touch- Minister for Finance (Mr. Cowen): Iam ing, deep and sincere apology. Since the Northern pleased to have an opportunity to say a few words Bank robbery, 500 British troops have been with- on the motion before the House. I support the drawn from the North, barracks have closed and agreed motion set out by many parties in the efforts have been made by the Government and House. However, I would like to say something others to show to members of Sinn Feín and the about the current position in which we find our- IRA that we will listen and that we want peace. selves and how we should move forward. We want them to sit honourably at the table but The whole idea of the Good Friday Agreement we do not and cannot accept that they would sit is to agree on a common journey rather than pre- there with guns and criminality. There must be an scribe an ultimate destination. The paradigm of end to that forever. This is a turning point in our politics in the past on this island has been about history. It is a turning point in the modern Ireland confronting two realities which were deemed not of the 21st century and I urge Sinn Feín to listen to be mutually co-existent — those whose to all of us, move forward in peace and democ- nationality and loyalty is to Westminster, Britain racy, bury forever its guns and end its criminality. and the Crown and those who believe it is in the 773 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 774 best interests of the country and the nation, If we want to turn our rhetoric and aspirations regardless of the diversity of its tradition, to work into reality, what the Good Friday Agreement together on the basis of achieving a republic in signifies is not that we will ultimately achieve the our own country. The major strategic political noble aspirations or objectives that we all share decisions that have been taken on this island, and in the broad Nationalist tradition, where we gen- between these islands, since the issue became the uinely believe that coming together under our clarifying principle on which politics was dis- own agreed structures is the best way forward, cussed, for example, the accession to the Euro- but that we accept that the creative institutional pean Union and the growing globalisation and framework of the Good Friday Agreement pro- inter-dependency of States, has meant that if we vides the means by which we can make a quan- are to shape the future, we must stop this idea tum leap forward. One of the ways of dealing that we can look to the future by building from with this issue and dealing with people who are the past. However, we must proceed on the basis emerging from conflict with a distrust, lack of of clear democratic principles. The peace process ambition, understanding or acquaintance with the emerging out of conflict has been about a pre- dynamic of politics is that if this dynamic is paredness to give a voice and space to everyone, allowed to flow and people are allowed to look not on the basis of right and wrong or win or lose forward rather than trying not to betray the past, but on the basis of equality and justice for all. there will be a greater chance of moving much We were prepared to build institutions creatively further up the road of these aspirations than which reflected the core of our nationalities and people would otherwise think. We found that in recognised the connection with Britain for those our own body politic in terms of coalition whose adherence is to Britain, and the adherence Government with people of different persuasions. of the remainder of those on the island to this I say to people that they must adhere to the country. We are also prepared to work together, Agreement’s fundamental principles if we are to not on the basis of who won but on the basis of achieve the potential it provides. We have not who can win in future, which means all of us. even scratched the potential of the Agreement, nor have we even begun the common journey People in this country who talk about the peace which will move this process, not incrementally process, which has proved to be very resilient or gradually, but way beyond where we are. I say against many difficulties, mishaps and misjudg- to these people who can provide trust and confi- ments since the Good Friday Agreement was dence in the process in terms of the existence of signed, should try to avoid the terminology that paramilitary weapons, and the need to convince the peace process has failed each time there is a others this is no longer a process to which we can difficulty. The sceptics should avoid coming out return and that we have reached an irreversible into the open, having been silent and hoping it democratic road forward, to do so for the sake of will work but, where they see a difficulty, suggest- our people in the part of the nation to whom they ing it was all a bad idea in the first place. The only believe they have a loyalty. I say to those people way we can move from where we are currently is to leave the spectre of paramilitarism behind us if we see the last seven years not as being on the forever, not because one seeks to impugn defeat verge of the completion of a process but as bed- or victory but because one is trying to bring about ding down the institutions. This has been the a situation where the politics of dialogue, of main concentration for both Governments and all working together and of building a democracy is the parties, as well as the reforms in policing, given an opportunity for the first time in two, criminal justice and equality issues generally, in three or four centuries on this island to make sure an attempt to convey to people that we are we can provide the same level of opportunity changing the reality and that people can subscribe north of the Border as we can provide thankfully to their own political principles and work with south of the Border, particularly in the past 15 others who oppose these on the basis of demo- years. That is the issue. True republicanism is cratic debate and dialogue. about expanding opportunities. That will not be As the Minister of State, Deputy Brendan done by a 60% public sector-led economy in the Smith, said last night, if we are to get out of this North or with only ten firms in the North provid- impasse, people must submit themselves to the ing 50% of exports. It will not be done by com- will of the people. They must trust the people and munities who have been alienated from all the not seek to trust political opponents if they basic institutions of a state. We have to be cannot find it in their hearts to do so now because prepared. of some foolhardy statements that might have Having come to the point before Christmas been made at crucial times in the recent past, and where there were only two issues in question, we there were some. What we are trying to achieve must remember those in the Provisional IRA, is to transform the country and change the reality who claimed they were not signatories to the for future generations in a way that has not been Agreement, stated on a number of occasions that possible in the past because our politics has been the context in which they would, as I put it, clear confined to a narrow stream of consciousness that the pitch was on the basis of full implementation sees people as being the exact opposite and as of the Agreement. We were at that point. We those who cannot or will not work in harmony were agreed that we were at that point. There- with us. fore, we should not allow even foolhardy or less 775 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 776

[Mr. Cowen.] would swear allegiance to the Daíl of the Irish than magnanimous leadership on the other side Republic. The text of the oath, which was at a critical point to deflect us from our obligation approved, was: to our own people and, ultimately, to expand that I, [name], do solemnly swear [or affirm] that philosophy in a way which would be meaningful I do not support and shall not yield a voluntary to people of another tradition through politics. It support to any pretended Government, auth- will not be done through violence — that we ority or power within Ireland hostile and inimi- know — but it will be done through politics. cal thereto, and I do further swear [or affirm] I ask people, in the context of the internal dia- that to the best of my knowledge and ability I logue that should be going on at present, to take will support and defend the Irish Republic and that brave and solid decision. If they do that, they the Government of the Irish Republic, which is will serve the people they seek to represent. More Daíl E´ ireann against all enemies, foreign and importantly, the democratic road for this country domestic, and I will bear true faith and would become a far more open road for everyone allegiance to the same, and that I take this obli- on the basis of the basic principles of democracy gation freely without any mental reservation or being respected. purpose of evasion, so help me God. Mr. G. Mitchell: “L’E´ tat, c’est moi”, the motto The effect of this oath was that the Volunteers of Louis XIV, is the real motto of the Pro- became the Army of the Irish Republic or, as visionals. What is a state? It is a group of people they were known, the Irish Republican Army. forming a sovereign entity; it usually includes a It might be noted for the purposes of debate head of state, a parliament, a government or that Article V of the Constitution of Daíl E´ ireann executive and a judicial wing. The Provos have noted that “this Constitution is provisional and sought, in perpetuity, to assign to themselves the liable to alteration”. If P. O’Neill and his or her role of our State. They claim that the Provisional friends here on the benches of the 29th Daíl do IRA is the army of the State and that they also not recognise this Daíl, to which Daíl E´ ireann do supply the Government, the Parliament and the they lend their allegiance? How do a sovereign courts: quite literally they are the judge, jury people dismiss that alleged “Daíl E´ ireann” and and executioner. when will that “Daíl E´ ireann” to which they claim We might pause to consider the definition of to give this allegiance seek a renewed mandate the word “bigot”. It means “a prejudiced person for its role? The answer is never, for a mythical who is intolerant of any opinions differing from parliament cannot be dissolved. his own”. Is this a term that describes the typical Whatever semantics are involved in that argu- philosophy of the Provisionals? I believe it is. It ment, nobody can doubt that for the first time is the hallmark of the Provos. since December 1918, and in a real sense for the We might also consider what the term “infall- very first time in a common vote on a common ible” means. It means “incapable of failure or issue because in December 1918 some people error”. The Provos have created for themselves were voting to elect people to the British House an illusionary state built on their claimed inca- of Commons and others were voting to elect pacity for wrongdoing or criminality. The then people to what they thought was the Irish Parlia- IRA, or one of its breakaway wings, refused to ment, the Irish people, North and South, in a free recognise the third Daíl, to which the Minister act of determination approved the Good Friday referred, when it met in September 1922 and its Agreement almost seven years ago. claimed successors have continued the myth that Nor is it semantics to ask, did the Provos when the current Daíl is not a legitimate successor to they broke away from what was known as the the first and second Da´la, claiming that the oath Official IRA take with them the sole right to was required before a Deputy could take his seat declare themselves the real state, the real Daíl and that the third Daíl therefore derived its auth- E´ ireann. If so, did the Real IRA or the Conti- ority from the Treaty and not from the Irish nuity IRA wrest that from them, or could some people. other self-appointed group do so? The reality is An interesting point is that the second Daíl was they could and it would have as much authenticity mostly nominated, not elected. With the excep- as the alleged inherited role of the other tion of a handful of mainly Unionist seats the rest claimants. were uncontested. Michael Collins and Harry I listened carefully to what Deputy O´ Caolaín Boland largely carved up the second Daíl said in his latest terminological inexactitude. He between them by agreeing the nominated and said Sinn Feín accepts the validity of the insti- uncontested candidates. A Daíl elected unop- tutions of the State. Then who is P. O’Neill? For posed is supposed to be the legitimate Daíl in what O´ glaigh na hE´ ireann does he purport to perpetuity. speak? He certainly is not a PR consultant with It might be noted for the purposes of this the Irish Defence Forces. debate and for the record when it is read later The real issue before us this evening is that we that on 20 August 1921 Cathal Brugha, President are dealing with deluded people who have of the first Ministry of the first Daíl, proposed a assigned to themselves, in a bigoted manner, an motion that every Deputy, officer, Clerk of the alleged infallible doctrine and they continue to Daíl and each member of the Irish Volunteers sell this cult of myth and mayhem to gullible 777 Northern Ireland Issues: 9 February 2005. Motion (Resumed) 778 people who then carry out the dirty deeds of arm- appointments to the specially created North- chair generals. South organisations. It also has the right to sit in The name of Bobby Sands was dragged into Daíl E´ ireann and, if it takes its chances with the this issue on “Questions & Answers” recently by rest of us, the opportunity to be in government a prominent Provisional spokesman. I regret the here too. It also appears that under the proposals death of Bobby Sands and I hope his soul rests in made before Christmas, its Northern representa- peace. Those who sent him to his death, as they tives could be given the right to participate in have many others in the prime of their lives, have some way in the debates of the Oireachtas. This much to answer for. The same great leaders sent for an organisation that can muster five Deputies their army to murder a widowed mother of ten out of 166 and has no Senators. Avarice and bad young children because she showed humanity to judgment on the part of the Provos has turned a dying soldier. In the annals of conflict there is what was a win-win situation for them into a win hardly a more heinous or less virtuous act on or lose situation unless common sense penetrates record—— very hard heads. In the final analysis, the question the Provos (Interruptions). face is whether they have become addicted to the daily and weekly need for the photo opportunity An Ceann Comhairle: Allow Deputy Gay at Government Buildings, Downing Street or the Mitchell to continue. White House, or are they prepared to roll up their sleeves and take on the often mundane but Mr. Ferris: A Cheann Comhairle—— honourable and sometimes exciting role which political activity can provide, a real role in healing An Ceann Comhairle: I ask the Deputy to keep and shaping our society? quiet and allow Deputy Gay Mitchell to continue without interruption. CaoimhghıńO´ Caolaín: Including coming to listen to Deputy Mitchell. Mr. G. Mitchell: I see the army council is in tonight. Mr. G. Mitchell: Sinn Feín talks regularly about Mr. Ferris: Bobby Sands died—— its mandate and it is absolutely right. It won seats in this House and deserves to be heard. With An Ceann Comhairle: The Deputy should rights, however, come responsibilities. It must desist. accept the mandate of the other 161 Members of this House and the democratically expressed wish Mr. G. Mitchell: If patriotism is the love of of the Irish people for a complete and irrevocable one’s country does this mean the love of soil end to violence and to all forms of criminality. before the love of souls? Surely people rather Democracy is not as exciting and attractive for than geography is what counts. If souls count some of the members of the Provos as the direct more than soil, then a united Ireland can only action of the baseball bat and the lump hammer. come about by agreement. I want a united Democracy can be frustrating if, as is the case for Ireland; I am a Nationalist. The word “national- my party, there has only been a chance to shape ism” comes from the word “natio” which means the direction of the country inside Government greater community. The community I envisage is for two and a half of the past 17 years. That, a community of people, living willingly side-by- however, is the challenge of democracy, the need side and without coercion. to convince people of their free will to grant their All political entities evolve. We learn from our support and to accept the decision of the people mistakes, the horrors of war and the pains of the and the democratic institutions to which they past. This learning process is, for example, the have given their allegiance. raison d’eˆtre, of the European Union, the objec- Over 36 years ago, in December 1968, as the tive of which is to ensure that the mayhem of two island began to slip into the abyss of a quarter of world wars never revisits our Continent. If the a century of death and destruction, the then seven signatories of the Proclamation of 1916 Norther Ireland Prime Minister warned the could have looked forward to an Irish State which people of the North that they stood at a cross- had successfully completed its sixth Presidency of roads. Unfortunately, the opportunity to right the a European Union of 25 member states, would wrongs of 50 years was missed. they have been proud? I believe they would and Over the past 100 years there have been many we should be proud too. crossroads for people of the broad republican tra- A million Protestants cannot be bombed into a dition: the treaty in the 1920s, the response to the united Ireland. What is more, 4 million National- Army mutiny of 1924, the entry of Fianna Faíl ists cannot be bombed, blackguarded or bullied into this House in 1927 following the murder of either. Kevin O’Higgins, the emergence of Clann na Provisional Sinn Feín won the equivalent of the Poblachta in the late 1940s or the evolution of lottery — the opportunity to be in government in Sinn Feín the Workers Party and its final entry Northern Ireland on a permanent basis, to choose into Government as Democratic Left in 1994. All the Deputy First Minister, to participate in the these developments had one thing in common, North-South Ministerial Council and to make the acceptance that the democratic will of the 779 Hospital 9 February 2005. Services 780

[Mr. G. Mitchell.] Question put: “That the motion, as amended, Irish people had to be respected, as had the sov- be agreed to.” ereignty of the Oireachtas as the representative body of those people. Deputies: Votaíl. Now Sinn Feín and the Provisional IRA face their own crossroads. They have an opportunity An Ceann Comhairle: The question is: “That to build on the contribution they made in saner the motion, as amended, be agreed to.” On that moments in developing, with others on these question a division has been challenged. Will the islands, the peace process following, in the words Members who claim a division please rise in of the Mitchell principles, exclusively democratic their places? means. Alternatively, they can continue the impossible task of keeping one foot in the demo- Deputies Gregory, Healy, Joe Higgins, Finian cratic world and one foot outside it, endangering McGrath, O´ Caolaín, O´ Snodaigh, Ferris, Morgan the opportunity of a new beginning for these and Crowe rose. islands, which we all so passionately desire. If we are to make the Ireland of the 21st cen- An Ceann Comhairle: As fewer than ten tury a place where enterprise can flourish and the Members have risen I declare the question car- fruits of that enterprise can be used to bring ried. In accordance with Standing Order 68 the about a just society where we each take on our names of the Deputies dissenting will be recorded responsibilities as well as our rights, we need the in the Journal of the Proceedings of the Daíl. mindset to do so. There must be no more violence or threats of violence. We have a golden oppor- Question declared carried. tunity, unprecedented in the history of this island, to bring about and sustain an Ireland of full Adjournment Debate. employment where poverty can be eradicated and a high quality of life can at last be sustained. ———— We can build an Ireland which meets in full its obligations to the hungry and the oppressed at home and abroad. We could become a beacon of Hospital Services. light for others to follow. Let us put our collective Mr. Ring: I thank the Ceann Comhairle for energies into creating such an island and such a allowing me to raise on the Adjournment an society. To bring about such a society, we do not important issue that affects the orthopaedic unit need intimidation. Intimidation must end and of Mayo General Hospital, County inspiration and perspiration must take its place. 9 o’clock Mayo. Last year we were delighted I thank all who contributed to this debate and the orthopaedic unit was opened at commend the agreed motion to the House. Mayo General Hospital. Everything was going well. For the first time in many years the waiting Mr. J. Higgins: Under Standing Order 51, I ask lists were reduced and many people had hip and the Ceann Comhairle to rule the Taoiseach’s knee operations carried out in their own county. amendment out of order. The tradition in the past was that all patients from County Mayo had to go to Galway. For An Ceann Comhairle: We debated that yester- some in north Mayo, that could involve a journey day in my office and the Chair has ruled that the in excess of 200 miles to see a consultant. amendment is in order. The Chair now proposes On 4 January there was an announcement to to put the amendment. the effect that Mayo General Hospital would also deal with trauma. A few weeks later there was an Mr. J. Higgins: An amendment should seek to announcement that in order to set up the trauma at least add or substitute words. unit there would be no further surgery relating to planned operations. This is outrageous. We have Amendment put. an orthopaedic team up and running in the hospital. The trauma unit has not been as busy as An Ceann Comhairle: Will the Deputies who expected and there is a full team of consultants are claiming a division please rise? and 14 or 15 vacant beds at a time when there is a crisis in the health service. Planned surgery for Deputies Gregory, Healy, Joe Higgins, Finian hip or knee operations will not take place even McGrath, O´ Caolaín, O´ Snodaigh, Ferris, Morgan though the team is in place. There is no point in and Crowe rose. putting funding in place, in having empty wards and a team that wants to operate and get rid of An Ceann Comhairle: As fewer than ten the waiting lists and not using them. Members have risen I declare the question car- An official from the Department should go to ried. In accordance with Standing Order 68 the Mayo General Hospital tomorrow and investigate names of the Deputies dissenting will be recorded why the unit for planned surgery is closed. This in the Journal of the Proceedings of the Daíl. is outrageous. We have an orthopaedic team up and running in the hospital. The trauma unit is Amendment declared carried. still going ahead. We have vacant beds, a full 781 Health Board 9 February 2005. Services 782 team in place and many operations could be per- than \50 million. The hospital employs approxi- formed. This is bad management of the health mately 830 wholetime equivalent staff. These services. Why was the unit opened if the staff was staff are providing additional and improved not in place? Why was the staff not put in place hospital services to the people of Mayo. before the trauma unit was opened? I met many Activity at the hospital has increased year on elderly people who had a knee or a hip operation year. The hospital’s inpatient and day case and were delighted with the service. It was the activity for 2004 was approximately 22,000 first time in many years that the hospital waiting patients. More than 25,000 people attend its lists for Mayo were reduced but we are back to emergency department. The hospital’s outpatient the bad old days again. department treats more than 30,000 people. We fought hard for the orthopaedic unit. In There has been an increase in the number of beds 1994 when I was elected in a by-election to the at the hospital over recent years. The number of Daíl that was one of the big issues raised and it beds at the hospital is currently 317. The new 33- is probably one of the reasons I am here. The bed orthopaedic unit will be a particularly valu- money was put in place and the orthopaedic unit able addition to the hospital and will be of great was opened. benefit to the people of County Mayo. When the Minister of State responds he will The Government has provided specific funding give me a bland reply on what is going on. I want of \10.9 million to allow for the opening of the fully investigated the reason 15 beds are vacant new orthopaedic service at Mayo General while there is a crisis in the health service. There Hospital. This is a new service at Mayo General is a team is in place that wants to work and can Hospital. Outpatient orthopaedic services for operate. I want an official from the Department people from Mayo began when the new unit in Mayo General Hospital tomorrow to deal with opened and the waiting list for an outpatient the issue and have the operations taking place. appointment has been reduced from 1,700 to 300. There is no reason they cannot be performed and Mayo General Hospital commenced an inpati- I want to see them being done. I do not want the ent elective orthopaedic service in September orthopaedic unit operating in a half-hearted way 2004. Between September and December 2004, because that would continue for the next few approximately 70 patients received elective treat- years and coming up to the next general election ments in the hospital. In January 2005, to allow it would again be an issue. The wards, staff and for the development of the orthopaedic trauma consultants are in place and there are plenty of service at the hospital, elective treatments were patients to be operated on. I want taxpayers’ suspended temporarily. It is important to under- money to protect it and the Department of stand that the temporary suspension of elective Health and Children to move immediately to deal treatments will allow for the development of an with the issue. orthopaedic trauma service, the completion of the recruitment staff for the orthopaedic unit and the Minister of State at the Department of Health provision of training for staff at the new unit. and Children (Mr. T. O’Malley): On behalf of my These are all necessary steps to develop the ser- colleague the Tańaiste and Minister for Health vice at the hospital. and Children, Deputy Harney, I am glad of the Trauma orthopaedics by its nature will always opportunity afforded to me this evening by take precedence over planned elective work. The Deputy Ring to discuss Mayo General Hospital. orthopaedic trauma service has been running I wish to outline some facts in regard to Mayo since the beginning of January with a significant General Hospital which will underline the number of patients being treated in Mayo Gen- Government’s commitment to develop hospital eral Hospital who would otherwise have had to services for the people of County Mayo. The travel to Galway. I understand that Mayo Gen- Government has invested heavily in the infra- eral Hospital plans to reintroduce elective ortho- structure at Mayo General Hospital. paedic surgery at the end of this month. Phase II of a major development programme at the hospital, which cost \50 million, included Health Board Services. the following developments: a new accident and Ms B. Moynihan-Cronin: I thank the Ceann emergency department, a medical assessment Comhairle for the opportunity to raise this unit, a geriatric assessment unit, an obstetric and important matter in the House this evening. It is delivery suite, CT scanning facilities, a new heli- an issue which, for too long, has been neglected, copter landing facility, improved mortuary and swept under the carpet and in many instances post-mortem room, a new information tech- ignored. I refer to the chronic underfunding of nology system and a new administration and rape and sexual assault services throughout the medical records department. country, particularly in my county. I pay tribute The phase II capital development also pro- to the Irish Examiner newspaper for highlighting vided the necessary facilities for the development this issue in recent days and welcome its efforts of orthopaedic services at Mayo General Hospital to push this scandal to the top of the political including ward accommodation and a state of the agenda. I have raised this matter on the Adjourn- art orthopaedic operating theatre in which to ment of the House on other occasions. carry out orthopaedic surgery. Annual revenue According to the most recent crime figures funding for Mayo General Hospital is now more available, a total of 447 rapes, including section 4 783 Health Board 9 February 2005. Services 784

[Ms B. Moynihan-Cronin.] Tralee has to arrange to refer a victim to Cork for rapes, were reported in 2004, compared to 370 in examination and treatment 80 miles away. The the previous year. The number of sexual assaults articles in the Irish Examiner in the past few days in 2004 was 1,046 but it is known that the pro- describe the trauma suffered by these people and portion of such crimes which are reported to the the suffering they endure on an 80-mile journey Garda is very small and has declined steadily in just to access the required facilities. recent years. One of the most pressing needs of a man or It must be asked why men and women who woman who is raped or sexually assaulted is the experience crime and sexual assaults are so reluc- need to wash and cleanse themselves physically tant to come forward to report these incidents to following the assault. I ask the Minister of State the authorities. The reasons are manifold, includ- to imagine the trauma of the victims and to read ing the emotional and psychological distress the Irish Examiner articles. I have more to say involved in pursuing a criminal prosecution but five minutes speaking time does not allow me against the assailant; the fear of reprisal from the enough time to outline the difficulties experi- assailant, who is often a family member, a relative enced by the rape crisis centres and the sexual or known to the victim; and the difficulty in secur- abuse centres all over this country which do won- ing a conviction. Some 95% of all rape cases do derful work. not end in a conviction which is a truly alarming There is no joined-up government. Six Depart- statistic. Crime figures have not fallen but rather ments deal with sexual abuse. I ask the Minister people are not reporting the crime. Another key of State to put his mind to this issue and to ask reason for the low level of reportage of rape and the Minister to do likewise and deal with it as a sexual assault is the chronic shortage of legal, matter of urgency. medical and psychological support available to the victim. Mr. T. O’Malley: I thank the Deputy for raising My native county is fortunate to have the Kerry this matter on the Adjournment. The national Rape and Sexual Assault Centre to provide such steering committee on violence against women a service for those in the county who need such was established following the report of the task support but it is chronically underfunded, has no force on violence against women, 1997. It is financial security and has no ability to expand its chaired by the Minister of State at the Depart- valuable service in the current funding climate. ment of Justice, Equality and Law Reform. My First established in 1992, the Kerry Rape and Department is represented on the national steer- Sexual Abuse Centre in Tralee provides a free ing committee and the Health Service Executive and confidential counselling service for survivors is also represented. of sexual violence, both male and female. They The purpose of the national steering committee offer wonderful care and support for survivors in is to provide a multi-disciplinary, multi-agency the greater Kerry area. Apart from counselling and cohesive response to the problem of violence and support, the centre provides assistance with against women and in so doing to progress the medical procedures, legal advice, accompaniment recommendations of the task force. to court proceedings where necessary, education The steering committee is representative of a and awareness and other information. It has a wide range of interests concerned with violence small but dedicated team of full-time, part-time against women and its remit is to provide, inter and voluntary workers. alia, a multi-disciplinary and cohesive response to Last year, the centre in Tralee had 160 new this issue. The committee has a number of objec- clients but it is struggling to provide the services tives which include ensuring that regional and that are required and is fearful of its ability to local structures are established; developing public provide those services in the future in a financial awareness campaigns and co-ordinating and vacuum. advising on the distribution of resources among Staff at the centre have not received a wage the health regions; and co-ordinating and advising increase in three years and the director is fearful on ongoing development of policies, including of losing these professional, qualified people in those concerning perpetrators, criminal justice the absence of appropriate remuneration. intervention, services and supports. Anybody who works with the Rape Crisis Net- The Government is committed to working with work and associated services will confirm that in all interested parties, including service providers, the aftermath of a rape or sexual assault, the and has undertaken a range of measures to immediate needs of the victim are for comfort, reduce the incidence of domestic violence, to safety and security and to receive prompt medical respond to the needs of victims and perpetrators and forensic treatment, reassurance and advice, and to raise awareness among the public about all of which need to be provided in a safe and the dynamics of this crime. These measures can comfortable environment. best be seen in the following areas of Govern- In Kerry, there is no round-the-clock avail- ment policy: legislative measures; Garda ability of medical personnel to treat a rape victim. response; health services; national steering com- There is only one doctor available to treat vic- mittee on violence against women; and national tims. This doctor cannot be expected to work 24 research perpetrator programmes. hours a day, seven days a week. In many A key indicator of Government commitment instances therefore, the Rape Crisis Centre in to the issue is in the area of funding for service 785 Cancer Screening 9 February 2005. Programme 786 provision. While service provision for victims is the mid-west region, which includes north provided primarily by the Department of Health Tipperary, Limerick and County Clare. I am and Children, other Departments, including aware the BreastCheck screening service com- Justice, Equality and Law Reform, Education menced operation in various areas in March 2000, and Science, Social and Family Affairs, Com- with the regions covered by the Eastern Regional munity, Rural and Gaeltacht Affairs and Envir- Health Authority, the Midland Health Board and onment, Heritage and Local Government, also the North Eastern Health Board reaping signifi- contribute to responding to the issue. cant benefits from the project at the time. It Funding in the health Vote has increased from operated on the basis of screening women from approximately \3.8 million in 1997 to approxi- the ages of 50 to 64 years, the period in their lives mately \12 million in 2005. This shows the com- when breast cancer is most frequently diagnosed. mitment of Government and the Department to It is essential that the breast screening prog- addressing this important issue. The distribution ramme is extended throughout the country to of this funding is now a matter for the Health include the mid-western region. I understand the Service Executive. The Department will continue pilot projects in the three regions to which I to monitor the level of investment in services for referred have been a tremendous success. We in women victims of domestic violence and work the mid-west region recognise the success of the with the non-governmental sector to ensure there cervical screening programme which was first pil- is adequate service provision to meet their needs. oted in the region. Other regions now await its The Tańaiste and Minister for Health and Chil- roll-out. My focus tonight, however, is on the bre- dren has asked the Department, with the Health ast screening programme urgently needed in the Service Executive, to undertake an analysis of the mid-west region, including north Tipperary. I current level of service provision in this area with stress its importance because of the loss of the a view to planning future service needs. mammography unit in Nenagh Hospital in 2002. The Kerry Rape and Sexual Abuse Centre pro- While we felt this loss, it was pointed out to us at vides a counselling and support service for the the time by experts in Limerick Regional support of victims, both male and female, adults Hospital that the unit was no longer reliable and and children of sexual abuse. It receives ongoing was failing to detect cancer in some women. We annual funding of \151,184 from the Health Ser- decided, therefore, not to campaign for the reten- vice Executive, southern area. Other income tion of a service which did provide full detection. includes fund-raising—— We are grateful for the oncology services available in Limerick Regional Hospital, which the Ms B. Moynihan-Cronin: It is a disgrace that Minister of State no doubt supports. Neverthe- those dealing with people in such circumstances less, we need access to the BreastCheck screening must spend their time fund-raising. programme, which is administered by mobile units in the pilot regions. Under the programme, Mr. T. O’Malley: ——and other minor funding women are encouraged to present themselves for from statutory and voluntary agencies. The centre screening in order that cancers can be detected at is one of 12 organisations in the southern area an early stage. Approximately 1,700 women are participating in the southern regional committee diagnosed with new cases of breast cancer each on violence against women, which is facilitated by year. It is alarming that the absence of this service the HSE southern area. I understand from the in the mid-west region means cancers among Health Service Executive that it is in discussions women are not detected. regarding its financial position. I appreciate that once the process of planning and organising the roll-out of the breast screening Ms B. Moynihan-Cronin: It is not in dis- programme nationwide is completed, the service cussions. will be extended to the mid-west region and that we will benefit from the experience gained in Cancer Screening Programme. phase one of the roll-out. The major question, Ms Hoctor: Gabhaim buıóchas leis an Cheann however, is when this will take place. Various Comhairle as ucht an deis seo a thabhairt dom times have been given. Will the Tańaiste to give labhairt faoin a´bhar ta´bhachtach seo. I am grate- a specific timeframe? According to the original ful for the opportunity to address this pressing commitments, the service will be in operation at issue in the mid-west region. I call on the Tańaiste this time next year. I am aware that a design team and Minister for Health and Children, Deputy was appointed while the former Minister for Harney, to give an update on and provide a time- Health and Children, Deputy Martin, was in frame for the start-up of the urgently needed office and the design of the building at the BreastCheck screening service for women in the Galway unit has been approved by the Tańaiste. mid-west region. I understand, however, that she is awaiting In my first speech in the House shortly after I approval from the Department of Finance. was first elected to the House to represent the From my discussions with the Tańaiste prior to people of north Tipperary in May 2002, I Christmas, I am certain of her commitment to addressed this issue and called on the then Mini- fast-track the extension of this programme to the ster for Health and Children, Deputy Martin, to mid-west region. I have tremendous regard for advance the breast screening service available in the Tańaiste and I know she means what she says. 787 Job 9 February 2005. Losses 788

[Ms Hoctor.] ast disease unit at University College Hospital, I want action and the service to be fully oper- Galway. This unit will be developed in tandem ational in the mid-west region as soon as possible. with the BreastCheck development. The recruitment of staff is often used as an The Health Service Executive, in conjunction excuse for the long period required to implement with the Department, is examining the health the programme. I ask that, under the new Health capital investment framework with a view to initi- Service Executive, the extension of the prog- ating as quickly as possible new capital commit- ramme will no longer be delayed so that the ments, both for this and subsequent years. The women of north Tipperary can look forward to majority of women diagnosed with breast disease excellent breast screening services. are treated outside of the BreastCheck programme. The report on the development of ser- Mr. T. O’Malley: I thank Deputy Hoctor for vices for symptomatic breast disease published in raising this matter on the Adjournment. I wel- 2000 found that the establishment of specialist come the opportunity to set out the current posi- breast units could best provide the necessary care. tion regarding the BreastCheck programme and, The report recommended the development of 13 in particular, its extension to the remaining such units strategically placed throughout the counties. country, including one in Limerick, each treating The national breast screening programme com- a sufficiently large number of patients in order to menced in the eastern and midland regions in maintain expertise and to promote best practice. February 2000. Screening is offered free of charge Six of the units recommended in the report are to women in the 50 to 64 age group in these now fully operational and the remainder is at regions. Last year the programme was extended advanced stages of development. Since 2000, to cover counties Carlow, Kilkenny and Wexford. more than \60 million has been made available The expansion to the south-eastern counties will for the development of symptomatic breast dis- result in an additional 18,000 women being ease services throughout the country. invited for screening. Since February 2000, cumu- As regards the Health Service Executive mid- lative revenue funding of approximately \60 mill- western area, there has been a cumulative ion and \12 million capital funding has been allo- additional investment of approximately \60 mill- cated to support the programme. As of ion for the development of appropriate treatment September last year, 167,000 women had been and care services for people with cancer, includ- invited for screening and approximately 120,000 ing breast cancer since 1997. This funding has had availed of the service. It is estimated that the provided for the approval of an additional eight cancer detection rate is approximately 7.8 per consultants in key areas of cancer care. These 1,000 women screened and to date more than include a surgeon with a special interest in breast 1,000 cancers have been detected. disease. The funding has also provided for the The national roll-out of the BreastCheck prog- appointment of 22 cancer care nurse specialists ramme to remaining counties is a major priority across the mid-western area. in the development of cancer services. The The Ta´naiste is committed to the national expansion of this service will ensure that all expansion of BreastCheck, the national breast women in the relevant age group have access to screening programme. The design, construction breast screening and follow-up treatment where and commissioning of projects of this nature gen- required. A capital investment of \21 million has erally take approximately two and a half years. It been approved to construct and equip two static is anticipated that the advertisement for appoint- units, one at South Infirmary-Victoria Hospital, ment of a design team will be placed in the EU Cork, and the other at University College journal in the coming weeks and I am confident Hospital, Galway. This investment will also the target date of mid 2007 for the expansion of ensure that mobile units are available to screen BreastCheck nationally will be met. all women in the relevant age group throughout the country, including women in the mid-western area. Job Losses. Detailed planning for the static units is pro- Mr. Boyle: I am grateful for the opportunity to gressing as a matter of priority. A project team raise this issue of concern and that the Minister was established to develop briefs for the capital of State in the Department concerned is available infrastructure required for the two new units. The to make an appropriate response. Sadly, too design briefs for both sites were completed in many of the Adjournment matters I had the privi- January 2005. The next stage is to appoint a lege to raise in the House last year related to sig- design team to complete the detailed design of nificant job losses in my constituency. Compan- the two units. Given the scale of the investment ies, such as CG Services, Buckeye Technologies involved, EU tendering procedures will apply. and Rigid Tools, all saw significant job losses and, Capital funding for the facilities at Cork and as a Deputy for the area, I felt called upon to Galway has been identified under the capital comment and to ask whether it represented the investment framework 2005 to 2009 and both beginning of a trend and whether it was some- developments will be progressed simultaneously. thing to which the Government and, in particular, Funding has also been approved for the relo- the Minister and the Department of Enterprise, cation and development of the symptomatic bre- Trade and Employment should respond. 789 Job 9 February 2005. Losses 790

Sadly, 2005 has not started any better. The job increased by decisions made in the Dairygold Co- losses announced, have been in the greater Cork operative Society that people are surplus to area, outside my constituency. However, job requirements. It behoves us to say this is not the losses have been announced by Schering-Plough right way to treat communities that have served in Brinny, which is located in the neighbouring companies well. It is certainly not to the advan- constituency of Cork South West only 15 miles tage of the local Cork economy or to consumers from Cork city, and it employs many people from in the Cork region. my constituency. The loss of 161 jobs at this plant added to the 170 jobs shed a year ago means that Minister of State at the Department of 330 fewer people are working in that company. Enterprise, Trade and Employment (Mr. M. I have a wider concern in that this company, Ahern): On behalf of the Minister for Enterprise, which does valuable work producing pharmaceut- Trade and Employment, Deputy Martin, I thank icals for medical relief, has found that patents for Deputy Boyle for raising this matter. many of the products it provides are running out. The recent job loss announcements last week Strategic decisions have been made in the past to relate to Schering-Plough and Dairygold. Scher- locate a large scale pharmaceutical industry in ing-Plough, Brinny, was established near Innish- Cork because it was thought this industry was annon in Cork in 1986. It is a fully integrated bio- better placed to withstand the effects of global pharmaceutical facility involved in the production recession. In many respects, this industry has proof Schering-Plough’s cancer and hepatitis treat- ved to be resilient. However, with this second ment products, Intron and Interferon. wave of job losses at this major plant, the Schering-Plough has announced a reduction in Government needs to indicate whether there is a its workforce resulting in the loss of 161 perma- trend is emerging which may affect other nent and contract staff over the next 12 months. employers in the area. While Schering-Plough is It is expected that the job losses will occur from located in a neighbouring constituency, almost all the second quarter of 2005. The lay-offs will other pharmaceutical plants are located in my initially be on a voluntary basis but I understand constituency of Cork South Central and the Cork if the company does not achieve the necessary harbour area. reduction, there will be compulsory lay-offs. This As the Acting Chairman, Deputy Sherlock, will will then bring employment in Cork to approxi- be aware, many of those jobs are being lost in Cork East in the towns of Mitchelstown and mately 560. Schering-Plough had already Mallow, which he represents. These job losses are announced in December 2003 that it would also having an effect on the Dairy Co-operative reduce its staff numbers in Innishannon by 170. Society. Job losses announced in the past week This was achieved through voluntary redundancy alone mean that many jobs will be lost at its and the ending of temporary contracts. major plant, Cork Milk Producers in Cork city. As regards Dairygold, I understand that, sub- As a Deputy for that area, I express my concern ject to the approval of the Competition Auth- that this reorganisation seems to be taking place ority, Glanbia plc and Dairygold Co-operative without any Government input with regard to Society have reached agreement that Glanbia will what should be done to protect jobs and whether take over the operation of the CMP liquid milk, those who lose their jobs can be provided with cream and juice branded business of Dairygold. I alternative employment opportunities. I suspect further understand that the proposed develop- the response the Minister of State will give will ment includes the relevant sales and distribution be like the three responses I received last year in assets of CMP but excludes the production and respect of three companies I mentioned earlier chill facility. and lauding the number of jobs provided in the Under this proposed new arrangement, 58 Cork region. CMP distribution staff based in Cork will transfer However, it ignores the central argument I am to Glanbia and approximately 38 staff in the CMP trying to make that the people who are losing milk processing operating in Cork will be made their jobs are not included in that wider story. redundant. At that stage FA´ S, Enterprise Ireland, They are not mere demographics; they are people IDA Ireland as well as the county enterprise who do not fit into that template, they are people boards will be in contact with the company offer- who have specific skills and they may be people ing its full range of support services. These sup- who are on the wrong side of 50 years of age who ports include job placement, guidance interviews may face difficulties finding jobs in the region. and the identification of training needs as well as Will the Minister of State and the Minister, who the provision of suitable training courses. is a constituency colleague, treat the issue with a It is also envisaged that butter production in degree of seriousness? Dairygold’s plant in Mallow, County Cork, will There is an irony in respect of the job losses at cease with the loss of 21 jobs and that Glanbia CMP Dairy because it is the last dairy in the will manufacture Dairygold’s branded butter and country which made milk available in glass butteroil under contract at its facility in Ballyrag- bottles. The milk bottling plant, which is covered gett, County Kilkenny. With the cessation of but- in mothballs, is on the site. The trend that has ter production in Mallow, Dairygold will concen- emerged of trying to put aside technology which trate on milk production in its Mallow plant was useful in environmental terms has been during the peak milk season. 791 The 9 February 2005. Adjournment 792

[Mr. M. Ahern.] encourage the adoption of new technologies by However, there was also good news from industry. Donegal last week when the company confirmed As part of its ongoing commitment to fostering that it has completed a long-term contract for the closer links between academia and industry, manufacture of Jarlsberg cheese under the con- Enterprise Ireland has committed \2.54 million in tract for the European market. Jarlsberg cheese funding assistance towards the provision of incu- is Norway’s prime cheese export and the best- bator units and research facilities at Cork selling imported cheese in the US. This contract Institute of Technology. Construction has com- will secure the immediate future of Dairygold’s menced and this 12,500 sq. ft. facility is scheduled plant in Mogeely, County Cork. The company for completion in October 2005. The facility is also announced last week that it is in discussions designed to encourage the development of cam- with Enterprise Ireland to explore the establish- pus companies across all disciplines. ment of a food sciences research and develop- I would also like to mention a number of other ment facility in Mitchelstown and that it hopes to positive developments that are taking place in Cork. Cork is European capital of culture for have these proposals fully developed over the 2005. An Aer Rianta investment of \140 million next six months. for Cork Airport is scheduled for completion Over the past ten years, direct employment in early next year. The Kinsale roundabout flyover IDA Ireland-supported companies in Cork city is due to start construction in the first quarter of and county has grown from 10,345 to more than this year and will be completed in two years. It is 18,000, an increase of more than 7,600. The sec- intended that by 2009, there will be a continuous tors contributing to this growth are information motorway or dual carriageway between Cork and and communications technologies, pharmaceut- Dublin. All these initiatives will contribute to providing significant employment opportunities icals and medical technologies and international for Cork. services. Over the past four years, IDA Ireland Unfortunately, however, there have been job has approved new projects for the Cork area with losses in, for example, Nestle´ in Mallow. FA´ Sis a job potential of up to 5,000 people at full pro- engaged with both Nestle´ and Schering-Plough, duction. This growth is expected to continue into and the full range of FA´ S upskilling and mainline the future. courses will be on offer to all employees. Job Enterprise Ireland continues to work with com- losses and gains have always been, and will continue to be, part of our economic activity. panies in County Cork to assist them in growing Fortunately, our current overall unemployment their sales and exports and improving innovation rate is among the lowest in Europe. The latest in order that they can compete on world markets. live register figures for January 2005 showed that In 2004, Enterprise Ireland approved support of the unemployment rate is 4.2%. The live register \ \ more than 9 million and paid more than 5.6 figure for Cork has dropped by more than 1,300 million to its client companies in Cork city and from January 2004 to January 2005. We can look county. Enterprise Ireland also approved support forward to the future with confidence. of more than \2.7 million for third level and industry innovation partnerships in Cork, cover- The Da´il adjourned at 9.45 p.m. until 10.30 a.m. ing 47 projects, during 2004. These partnerships on Thursday, 10 February 2005. 793 Questions— 9 February 2005. Written Answers 794

Written Answers feel of the site. These changes are currently being tested and will go live before the end of the The following are questions tabled by Members month. for written response and the ministerial replies received from the Departments (unrevised). Strategy on Homelessness. 65. Mr. Durkan asked the Minister for the Questions Nos. 1 to 10, inclusive, answered Environment, Heritage and Local Government orally. the progress to date of the cross-departmental team on homelessness; and if he will make a Questions Nos. 11 to 54, inclusive, resubmitted. statement on the matter. [4062/05] Questions No. 55 to 63, inclusive, answered Minister of State at the Department of the orally. Environment, Heritage and Local Government (Mr. N. Ahern): The cross Department team on Computerisation Programme. homelessness is, under the aegis of my Depart- 64. Mr. G. Mitchell asked the Minister for the ment, charged with monitoring and overseeing Environment, Heritage and Local Government the implementation of the Government’s inte- when he will initiate improvements to his Depart- grated and preventative homelessness strategies. ment’s website. [3714/05] These strategies constitute a cross Department response designed to ensure that services are put 102. Mr. Noonan asked the Minister for the in place to address the needs of homeless persons Environment, Heritage and Local Government in a holistic fashion, to target groups most at risk his views on whether his Department’s website of homelessness and to ensure early intervention is suitably user friendly to meet the needs of its before people at risk actually become homeless. customers; and if he will make a statement on the The cross Department team reports periodically matter. [3990/05] to the Cabinet committee on social inclusion. Minister for the Environment, Heritage and The Government’s commitment to addressing Local Government (Mr. Roche): I propose to the issue of homelessness is evidenced by the high take Questions Nos. 64 and 102 together. levels of funding which it continues to provide for I accept that my Department’s main website, the sector. The allocation from my Department environ.ie, is in need of improvement and updat- to meet the current cost of the provision of ing. In addition to environ.ie, which is the main accommodation and related services funding has \ \ Department of the Environment, Heritage and increased from 12.6 million in 1999 to 51 mill- Local Government website, my Department ion in 2004 and has enabled significant progress operates some 16 special interest websites dealing to be made in the provision of accommodation with particular aspects of the Department’s and related services. Monitoring of the imple- activities. mentation of the homelessness strategies has indi- Over the last few years extensive changes have cated that, across all agencies, significant progress been made to reflect the changed structure of the has been made in addressing the issue of home- Department and to provide direct access from the lessness. main Department site to newly developed sites A number of measures have been undertaken such as “Motor Tax Online” and “Buildings of to date to address the needs of such persons. Ireland” as well as the specialist websites relating Each local authority and health board has drawn to Met E´ ireann and heritage areas. The award up homeless action plans and these are currently winning motortax.ie, which enables customers to being implemented. Homeless fora have been pay their motor tax over the Internet, is con- established in each county and division of sidered to be a major success story. In its first responsibility has been clarified between local year alone, this site has handled over 470,000 authority and health boards regarding accommo- transactions representing over \100 million in dation and care costs. Outreach and settlement revenue. Almost 22% of eligible motor tax busi- programmes have been established in a number ness nationally is now transacted online and over of areas and in particular in main urban areas. 35% of eligible business in the Dublin area. This There is improved accommodation facilities and is a welcome success and one that we intend to arrangements countrywide — provision of over build on in the years to come. 1000 emergency beds; provision of designated My Department is committed to continuing accommodation for street drinkers and drug users further improvement of all its websites and is in Dublin, Limerick, Tralee and Dundalk; pro- undertaking a number of initiatives to this end. A vision of a 48 bed foyer under the Department’s review of the site structure and content has been capital assistance scheme to the voluntary sector completed and this will feed into the develop- in Dublin which caters for the needs of young ment of an entirely new site later this year. In the people leaving care or who are otherwise at risk interim, the site’s home page has been revised of homelessness; in the period 2001-2003 almost with a view to overcoming technical difficulties 2,000 homeless people have been housed in being experienced by some users. A series of Dublin alone. other improvements has also been undertaken to A specialised unit, the homeless offenders improve the performance, accessibility, look and strategy team, has been established within the 795 Questions— 9 February 2005. Written Answers 796

[Mr. N. Ahern.] as the first tranche of multi-annual funding to probation and welfare service to address the support conservation works at Russborough housing needs of homeless offenders. Other House and Waterford Roman Catholic cathedral. measures include the drafting and implemen- The Government is making a substantial con- tation of protocols by the health boards for the tribution towards the protection of the built heri- discharge of homeless persons from hospital and tage through the various schemes I have outlined mental health facilities as well as improved medi- above and also, of course, through the ongoing cal and related facilities; direct provision of edu- maintenance of the State’s own portfolio of his- cational programmes for homeless persons, pro- toric properties. I am keeping the policy under vision of information, staff training and referrals review and, in this context, I will bring proposals to other programmes. There is general agreement to Government for the establishment of a trust that the emergency sector is adequately catered type organisation to acquire and manage signifi- for, at this stage, and the future focus will be on cant heritage properties. the provision of long-term accommodation and the supports required to meet the non-accommo- Departmental Expenditure. dation needs of homeless persons. In addition, the team will oversee the review 67. Mr. Allen asked the Minister for the Envir- of the Government’s homeless strategy, which is onment, Heritage and Local Government his currently underway. Consultants have been views on whether the \8 million paid in legal fees appointed and it is expected that preliminary by his Department over the past two years was recommendations will be available by June of this value for money; his further views on whether year. The cross Department team is an integral these services should be put out to tender; and if part of the implementation process and will con- he will make a statement on the matter. tinue to provide the necessary support, advice [3937/05] and impetus in achieving sustained improvement Minister for the Environment, Heritage and in services for the homeless. Local Government (Mr. Roche): In response to Architectural Heritage. Question No. 539 on 30 November 2004, I stated that the amount paid from my Department’s 66. Mr. Naughten asked the Minister for the Vote for services provided by lawyers in 2003 and Environment, Heritage and Local Government if 2004 amounted to \7,739,585.81; some \7.578 he will review the funding for architectural pro- million of this amount relates to the planning tection grants; and if he will make a statement on tribunal. the matter. [3847/05] In general, legal services for my Department 134. Mr. Naughten asked the Minister for the are engaged following consultations with the Environment, Heritage and Local Government if Attorney General’s office and/or the Chief State he will review the funding for architectural pro- Solicitor’s office and nominations or appoint- tection grants; and if he will make a statement on ments and decisions on the level of fees paid are the matter. [3703/05] made or advised by those offices on the basis of a range of criteria, including the nature and Minister for the Environment, Heritage and urgency of the case, the strategies and objectives Local Government (Mr. Roche): I propose to being pursued, the expertise and experience take Questions Nos. 66 and 134 together. required, the availability of such expertise and The scheme of architectural protection grants the costs involved. available to owners of protected structures is The great bulk of the fees paid by the Depart- administered by local authorities and resourced ment to lawyers arise in the planning tribunal. by my Department. Funding for the scheme was increased from \2.888 million in 2003 to \3.9 mill- These fees paid are based on per diem rates as ion in 2004 and the provision for 2005 is \4.031 approved by the Department of Finance. In 2004, million. The funding available under the scheme changes to the fees structure for tribunals gener- is an integral element in the protection of the ally were announced, including linking of senior architectural heritage by local authorities and is a counsel fees to the salary of a High Court judge, key support in the continuing roll out of Part IV in the case of new tribunals from September 2004 of the Planning and Development Act 2000. The and in the case of existing tribunals to a date in scheme is a successful one and around 250 grants 2007 to be agreed. are paid out each year to assist in the protection My Department employs its own legal adviser of our built heritage. recruited in accordance with Civil Service pro- This scheme is just one of a package of sup- cedures. Arrangements for the procurement of ports for the built heritage. Tax relief is available any further legal advice required is decided on under section 482 of the Taxes Consolidation Act a case by case basis, which could include open 1997. The Heritage Council paid grants totalling tendering if appropriate. Value for money is \1.86 million under the “Buildings at Risk” grant assessed on a case by case basis and is dependent scheme. My Department’s conservation grants on the results expected and actually achieved. scheme is available for public buildings and the The variety of cases with which the Department 2005 allocation is \1 million. In addition, I pro- is involved makes it difficult to generalise. It is vided funding of \700,000 to the Heritage Council considered that, in general, the current arrange- 797 Questions— 9 February 2005. Written Answers 798 ments have provided value for money having they increase and consolidate their contribution regard to the circumstances of each case. to the delivery of social rented accommodation. It is estimated that the needs of over 13,000 Local Authority Housing. households will again be met under various social and affordable housing measures over the course 68. Mr. P. Breen asked the Minister for the of this year. In addition to this, the long-term Environment, Heritage and Local Government housing needs of about 5,000 current recipients the steps he intends to take to substantially of rent supplement will be addressed through the improve local authority and voluntary sector new rental accommodation initiative. housing output to meet NDP targets. [3711/05] 142. Mr. Murphy asked the Minister for the Environmental Policy. Environment, Heritage and Local Government 69. Mr. Neville asked the Minister for the the steps he intends to take to substantially Environment, Heritage and Local Government improve local authority and voluntary sector the action he intends to take to prevent the prac- housing output to meet NDP targets; and if he tice of charging a \2 environmental levy on tyres; will make a statement on the matter. [4022/05] and if he will make a statement on the matter. 164. Mr. Crawford asked the Minister for the [3992/05] Environment, Heritage and Local Government Minister for the Environment, Heritage and his plans to further improve housing construction Local Government (Mr. Roche): Some tyre by local authorities and voluntary housing agen- retailers are charging a management fee for the cies; and if he will make a statement on the take back of waste tyres. I am concerned that the matter. [4020/05] public may be given the wrong impression that Minister of State at the Department of the such a fee is a Government levy and/or is con- Environment, Heritage and Local Government tributing to a quality approved recycling scheme, (Mr. N. Ahern): I propose to take Questions Nos. whereas no evidence or assurance is being pro- 68, 142 and 164 together. vided that tyres taken back are being treated in In including housing as a major area of activity an environmentally sound manner. under the national development plan, the I have requested all local authorities to arrange Government demonstrated its commitment to for inspections by authorised officers of all tyre increasing support for social and affordable hous- outlets operating in their functional area as part ing programmes. Since the plan’s inception in of their action plans for 2005. Among the matters 2000 the needs of almost 60,000 households have each inspection should establish is whether a tyre been met under the range of social and affordable management fee is being charged, the level of fee housing programmes. Between 2000 and the end applied and whether the fee is being termed an of 2004 provisional outturn figures show invest- “environmental levy”. I have also brought this ment under the housing aspect of the NDP is matter to the attention of the Director of Con- some 10% ahead of forecast. sumer Affairs. While output levels for social housing by the local authority and voluntary sector have been State Property. less than anticipated in the NDP targets, record 70. Mr. Hogan asked the Minister for the levels of completions have been achieved over Environment, Heritage and Local Government the period of the plan. The shortfall in achieving his views on the report of the scientific group set output targets can for the main part be attributed up to examine the issue of hunting on State lands; to higher than anticipated construction costs. and if he will make a statement on the matter. The Government’s decision to introduce multi- [4019/05] annual capital investment programmes provides an important opportunity to ensure a structured 112. Mr. O’Dowd asked the Minister for the basis for the planning and delivery of all social Environment, Heritage and Local Government and affordable housing programmes. Through his views on the report of the scientific group set five year action plans for social and affordable up to examine the issue of hunting on State housing developed by local authorities, resources lands. [3707/05] will be used to best effect. The plans will be used Minister of State at the Department of the to maximise output and value for money and Environment, Heritage and Local Government ensure that priority is given to those most in need. (Mr. B. O’Keeffe): I propose to take Questions Overall, the priority is to ensure that housing is Nos. 70 and 112 together. delivered in a manner which breaks cycles of The policy of my Department, continuing that dependency and disadvantage. of successive Departments which have held It is planned to build up a programme of about responsibility for nature conservation, is to pro- 5,500 starts under the main local authority hous- hibit, on properties acquired for conservation ing measure each year over the period of the purposes, any activities that would adversely plans and substantial investment will continue to affect the purposes for which the lands were be made in regeneration projects such as the Bal- acquired or would interfere with the enjoyment lymun programme. The voluntary and co- and safety of members of the public availing of operative sectors will continue to be supported as the resource. In this context, hunting on proper- 799 Questions— 9 February 2005. Written Answers 800

[Mr. B. O’Keeffe.] Minister for the Environment, Heritage and ties managed by the National Parks and Wildlife Local Government (Mr. Roche): My Department Service, NPWS, of my Department has does not propose to acquire the Kilmainham remained prohibited. Mills complex, which is in private ownership and This policy was closely re-examined by my pre- has recently received a planning permission for decessor following requests by the National redevelopment from An Bord Pleana´la subject to Association of Regional Game Councils, conditions designed to protect its historic and NARGC, that their members should be given archaeological significance. access to some national parks and wildlife proper- The purpose of a national trust initiative would ties for the purpose of shooting game. For the be to develop methods of ensuring the preser- following reasons, my predecessor concluded that vation of key heritage buildings beyond the the prohibition of shooting on these properties model of direct State ownership. The resource should continue. implications of maintaining the present State First, the sites were acquired, in general using portfolio of some 750 national monuments and public funds, for the purpose of nature conser- historic properties are significant. Accordingly, vation and to serve as refuges and breeding places innovative alternatives to State acquisition to for species of wildlife. Hunting could also disturb ensure the protection of heritage properties under threat need to be explored. In light of this, “non-quarry” species and their habitat, thereby my Department engaged consultants to examine reducing the value of these sites as refuges for the issue of facilitating the emergence of a wildlife generally. Second, facilities for hunting national trust and other trust type organisations are extensively available on Coillte lands, as well which might, independently of Government and as those of private owners, and on foreshore. without State aid, acquire and manage such heri- Third, account had to be taken of consider- tage properties. ations of public safety and of the potential My Department is at present evaluating the exposure of the State to claims for damages by recommendations in the consultant’s report. In persons harmed or otherwise adversely affected the event that I am satisfied that the establish- by hunting on NPWS properties. Fourth, the ment of a national trust and other trust type Heritage Council has recommended against any organisations is warranted, I will submit pro- change in the long standing policy of not permit- posals for Government approval. ting hunting on national parks and wildlife lands. In reaching conclusions on this matter, the then Planning Issues. Minister had available the report of a joint scientific group comprising officials of my Department 72. Mr. Kehoe asked the Minister for the and nominees of NARGC, which carried out a Environment, Heritage and Local Government his views on whether his Department should joint examination of the question of hunting on implement a ban on construction on floodplains; State lands, from a scientific perspective only. and if he will make a statement on the matter. Whereas this group considered that scientific [3986/05] reasons would not obtain for an automatic ban where hunting is sustainable, its report did not Minister for the Environment, Heritage and advance specific advice on how populations and Local Government (Mr. Roche): Decisions as to sustainability should be assessed. While the whether proposed development should be per- group’s report did propose a methodology for mitted or restricted in any particular area are a considering this matter further, the implemen- matter for the relevant planning authority in the tation of this would require significant NPWS first instance and for an Bord Pleana´la in the personnel resources which would have to be event of an appeal. The Planning and Develop- diverted from other priority work. ment Act 2000 specifically empowers planning For the reasons already indicated, it was not authorities to provide in their development plans considered that the report of the scientific group that development in areas at risk of flooding may justified a departure from the existing established be regulated, restricted or controlled. Where policy in this matter. This remains the position. development is proposed in an area at risk of flooding, such risk can be carefully evaluated by Architectural Heritage. the planning authority and planning permission refused, where appropriate, or, if granted, can be 71. Mr. Gormley asked the Minister for the made subject to conditions requiring the imple- Environment, Heritage and Local Government mentation of measures necessary to alleviate or the progress which has been made to establish avoid damage due to flooding. some form of a national trust within the State that I do not consider that a ban on construction on might acquire, maintain and refurbish heritage flood plains, per se, would be appropriate. buildings such as the Kilmainham Mills by the However, it is my intention to publish shortly, in Camac River in Dublin 8 or other historic proper- draft form for public consultation, guidelines for ties that might benefit from State funding and planning authorities on the preparation of support for their protection, maintenance and development plans. These guidelines will suggest enhancement; and if he will make a statement on that in addressing the issue of flooding, develop- the matter. [3931/05] ment plans should identify the main river catch- 801 Questions— 9 February 2005. Written Answers 802 ments and coastal areas that experience or are at the progress to date of the Private Residential risk from flooding. Policies should then outline Tenancies Board; and if he will make a statement the considerations that will arise regarding on the matter. [4060/05] development within such catchments and coastal areas from the point of view of managing existing Minister of State at the Department of the flood risks or avoiding the generation of new Environment, Heritage and Local Government flood risks. (Mr. N. Ahern): I propose to take Questions Nos. 73, 85, 132, 145, 167 and 275 together. The guidelines will also suggest that development plan policies dealing with flooding also need All of the provisions of the Residential Tenanc- to recognise the uncertainties inherent in the pre- ies Act 2004, which provides the legislative diction of flooding and the fact that flood risk is underpinning to a modernised private rental sec- expected to increase as a result of climate change. tor, are in operation. Key features of the legis- Development plan objectives could also include lation are provision for a new centralised system policies indicating that developers will be of tenancy registration and a statutory dispute required to support the funding of flood defences resolution service. The Act also provided for the needed for particular developments, either par- establishment of the Private Residential Tenanc- tially or fully, depending on the circumstances ies Board as an independent body with a range involved. of specific statutory functions, including responsibility for the administration of tenancy regis- My Department will welcome comments or tration and dispute resolution. suggestions on this or any other aspect of the draft guidelines following their publication. The board also has a statutory role of providing information about its tenancy registration and dispute resolution functions and about the oper- Private Rented Accommodation. ation of the private rented sector generally. 73. Mr. Durkan asked the Minister for the Requests for information relating to these Environment, Heritage and Local Government matters may appropriately be directed to the the action which has been taken to identify and Private Residential Tenancies Board at Canal prosecute, if necessary, those landlords who have House, Canal Road, Ranelagh, Dublin 6. not registered with the PRTB; and if he will make I understand that the board is currently pro- a statement on the matter. [4061/05] cessing a large volume of applications for registration from which the statutory tenancy register 85. Mr. Crowe asked the Minister for the will be compiled and that until this work is com- Environment, Heritage and Local Government pleted it will not be possible for the board to pro- the estimated number of landlords who have vide comprehensive data. When the statutory ten- failed to register with the Private Residential ancy register is completed this will enable the Tenancies Board to date; his views on whether board to provide a range of enhanced infor- the failure of landlords to register has the poten- mation relating to the private rented sector. tial to undermine the Residential Tenancies Act 2004 and the work of the Private Residential Ten- The board will be required to report on and ancies Board. [3810/05] account for progress in the performance of its functions. It also has a specific function to review 132. Mr. Eamon Ryan asked the Minister for the operation of the Residential Tenancies Act the Environment, Heritage and Local Govern- 2004. It is the responsibility of the board to maxi- ment his views on the amount of tenancies that mise the effectiveness of the dispute resolution have been registered with the Private Residential and registration systems and to take enforcement Tenancies Board; the plans which are being put action, including prosecution where appropriate, in place to increase registration; and if he will if it considers that a particular tenancy is required make a statement on the matter. [3934/05] to be registered and has not been the subject of an application for registration. Landlords who fail 145. Mr. Sherlock asked the Minister for the to apply to the board to register tenancies that Environment, Heritage and Local Government are liable for registration do not have access to when it is intended to bring the remainder of the the board’s dispute resolution service and are Residential Tenancies Act 2004 into operation; liable to prosecution. Tenants, however, have and if he will make a statement on the matter. access to the dispute resolution service irrespec- [3912/05] tive of whether the landlord fails to apply for 167. Mr. S. Ryan asked the Minister for the registration. Environment, Heritage and Local Government the number of complaints that have been filed to Waste Disposal. the recently established Private Residential Ten- 74. Mr. Quinn asked the Minister for the Envir- ancies Board against landlords concerning anti- onment, Heritage and Local Government if he social behaviour by their tenants; if this new has completed his consideration of the European system is providing speedier resolution of such Court of First Instance decision to rule against disputes; and if he will make a statement on the Ireland for failure to protect human health matter. [3911/05] through properly controlling waste dumps; the 275. Mr. O’Dowd asked the Minister for the steps he is taking the ensure that Ireland will in Environment, Heritage and Local Government future comply with the European Commission’s 803 Questions— 9 February 2005. Written Answers 804

[Mr. Quinn.] this provision to determine the reason for this waste disposal directive; and if he will make a failure; and if he will make a statement on the statement on the matter. [3908/05] matter. [3878/05] Minister for the Environment, Heritage and 137. Mr. O’Shea asked the Minister for the Local Government (Mr. Roche): The opinion of Environment, Heritage and Local Government the Advocate General is still under consideration the number of social and affordable houses but until such time as the judgment of the Euro- acquired to date by local authorities under Part pean Court of Justice is available in the coming V of the Planning and Development Act 2000; the number he expects will be acquired during months it would not be appropriate to comment 2005; if he has satisfied himself with this rate of on this matter. If the court finds that a member progress; and if he will make a statement on the state has failed to fulfil an obligation under the matter. [3903/05] European Treaty the state concerned is required to take the necessary measures to comply with Minister of State at the Department of the the judgment. Environment, Heritage and Local Government (Mr. N. Ahern): I propose to take Questions Nos. Local Authority Housing. 75 and 137 together. I refer to the reply to Question No. 80 of 9 75. Aengus O´ Snodaigh asked the Minister for December 2004. the Environment, Heritage and Local Govern- From information supplied by local authorities ment the number of housing units delivered to to my Department, a total of 390 social and date by each local authority under Part V of the affordable housing units have been acquired Planning and Development Act 2000; if he has under Part V agreements with developers up to sought explanations from those local authorities the end of September 2004. A breakdown by each which have delivered little or no housing under local authority is set out in the following table.

Part V, Planning and Development Acts 2000 — 2002

Units Acquired January 2002 To September 2004

County Councils* Affordable Housing Social Housing Total Output

Cork 7 3 10 Du´ n Laoghaire-Rathdown 0 29 29 Fingal 149 72 221 Galway 2 1 3 Kildare 10 14 24 Kilkenny 0 6 6 Louth 2 0 2 Mayo 18 0 18 Meath 16 2 18 Roscommon 0 1 1 Sligo 0 6 6 South Dublin 12 0 12 South Tipperary 1 0 1 Waterford 1 15 16 Westmeath 6 0 6 Wicklow 3 2 5 City Councils Dublin 9 2 11 Waterford 0 1 1

Totals 236 154 390 * Output from Borough and Town Councils, where applicable, is included in figures for the relevant county council.

The September 2004 figures confirm that over between 2005 and 2007. Accordingly, I am satis- 1,800 such units are in progress and nearly 2,700 fied that the provisions of Part V are being suit- proposed. On this basis, my Department esti- ably progressed and that they will contribute sig- mates that some 500 housing units will have nificantly to the provision of social and arisen from the operation of Part V in 2004, the affordable housing. final figures for which are being compiled, increasing to over 1,000 in 2005. Recycling Policy. It is envisaged that over 11,000 units will be 76. Mr. Deenihan asked the Minister for the delivered from the various affordable schemes Environment, Heritage and Local Government if 805 Questions— 9 February 2005. Written Answers 806 he will consider measures to deal with the low a market development programme, was outlined level of recycling of tyres; and if he will make a in the Delivering Change policy statement and statement on the matter. [3993/05] the agreed programme for Government. The market development group, established in Minister for the Environment, Heritage and July 2004, has an independent chairperson and Local Government (Mr. Roche): In response to comprises representatives from the Environmen- the reduced availability of traditional disposal tal Protection Agency, Enterprise Ireland, the and re-use routes for tyres and to promote National Standards Authority of Ireland, the Irish recycling of this waste stream, my Department Business and Employers Federation, the Irish has had discussions with the Irish Tyre Industry Waste Management Association, the Small Firms Association, ITIA, with a view to establishing a Association, the Irish Small and Medium producer responsibility initiative. These dis- Enterprises Association, the City and County cussions are continuing with the intention of con- Managers’ Association, the Clean Technology cluding the necessary arrangements for such an Centre, the Department of Enterprise, Trade and initiative later this year. Employment and the Department of the Envir- I have publicly stated my concerns about poss- onment, Heritage and Local Government. ible inappropriate practices in the way waste tyres The programme which the group is undertak- are managed. It is imperative that waste tyres are ing will identify new applications and markets for not put to inappropriate uses such as unauthor- recyclable material and secondary recycled prod- ised burning, uncontrolled disposal or the forma- ucts. The group has been asked to identify bar- tion of indiscriminate stockpiles. These practices riers to the use and marketing of recyclable are not acceptable as they can cause nuisance and material and to develop strategies to address pose both environmental and health hazards and these. The group will also play a key role in infringe waste and other environmental expanding North/South co-operation on market legislation. development issues. My Department has written to local authorities The work of the group is currently focusing on asking them to carry out inspections of tyre out- three priority waste streams: paper, plastic and lets with a view to improving current practices in compost. To facilitate this, the group has been the management of waste tyres. The inspections subdivided into a steering sub-group and three are to be carried out as part of the local auth- materials sub-groups, each meeting indepen- orities’ enforcement action plans for 2005. I wish dently and reporting back to the plenary sessions. to see the tyre industry co-operate with the local Following on from the work of this group, my authorities to achieve more effective manage- Department hopes to develop and publish a ment so that any unacceptable practices are elim- market development programme later this year. inated. If the desired response is not forthcoming, I will not hesitate to bring forward more restric- National Development Plan. tive regulations in this area. My Department has also written to State 78. Mr. Murphy asked the Minister for the bodies with large vehicle fleets and to the tyre Environment, Heritage and Local Government industry asking them to review their practices in the steps he intends to take to fast track the how they manage this particular waste stream. remaining NDP projects in his Department to ensure completion of the plan as soon as poss- 77. Ms O. Mitchell asked the Minister for the ible. [3712/05] Environment, Heritage and Local Government if he will introduce additional measures to support 81. Mr. Hayes asked the Minister for the Envir- the development of outlets for recycled onment, Heritage and Local Government his material. [3939/05] views on the statement by the Institution of ´ Engineers of Ireland that the public private part- 105. Caoimhghı´nOCaola´in asked the Minister nerships process has not achieved its potential for the Environment, Heritage and Local contribution to infrastructure development and is Government if he will report on the work being hampered by risks and delays associated with carried out by the market development group to statutory procedures, archaeology and the high identify market opportunities for recyclables; and cost of bidding; and if he will make a statement the expected date of publication of the market on the matter. [4083/05] development programme. [3812/05] 119. Mr. Kehoe asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): I propose to the way in which he intends to ensure timely and take Questions Nos. 77 and 105 together. cost effective implementation of the national One of the main barriers to an improved and development plan in his Department as recom- sustainable recycling performance is the lack of mended by the Institute of Engineers of Ireland stable and economically attractive markets and by early planning, investigative and archaeolog- outlets for recyclable materials and products ical surveys and design of projects and by flexi- manufactured from recycled products. The need bility in bringing forward projects to replace pro- for the establishment of a market development jects which cannot be commenced on group, which would oversee the development of schedule. [3713/05] 807 Questions— 9 February 2005. Written Answers 808

131. Mr. Coveney asked the Minister for the ing stage. In time, these legislative initiatives will Environment, Heritage and Local Government assist in the improved handling of planning issues the way in which he intends to ensure timely and related to archaeology. cost effective implementation of the national Good progress in NDP programmes and development plan in his Department as recom- measures made under my Department’s remit is mended by the Institute of Engineers of Ireland; evident. The water services investment prog- and if he will make a statement on the matter. ramme for the years 2004 to 2006 contains 869 [4024/05] projects at various stages of construction and 268. Mr. O’Dowd asked the Minister for the underlines my Department’s continued commit- Environment, Heritage and Local Government ment to water and waste water infrastructure pro- the steps he intends to take to fast track the vision. From the beginning of the national remaining NDP projects in his Department to development plan to the end of June 2004, a total ensure completion of the plan as soon as possible; of 285 water services schemes were completed, and if he will make a statement on the matter. with cumulative expenditure of \2.152 billion. [4023/05] The needs of almost 60,000 households have been met under the range of social and affordable Minister for the Environment, Heritage and Local Government (Mr. Roche): I propose to housing measures between 2000 and 2004 and take Questions Nos. 78, 81, 119, 131 and 268 provisional outturn figures to the end of 2004 together. shows investment under the housing aspect of the I am satisfied, having regard in particular to the national development plan to be some 10% mid-term review of the national development ahead of forecast. In 2005, it is planned to build plan overseen by the Economic and Social up a programme of 5,500 starts under the main Research Institute, in cooperation with a number local authority housing measure and it is esti- of consultancy firms, that progress on the various mated that the needs of 13,000 households will NDP programmes and measures falling within be met under the various social and affordable the remit of my Department has been generally housing measures over the course of the year. satisfactory. am determined that we will continue The non-national road measure continues to be to make progress on achieving our targets for the one of the best performing NDP measures, with remainder of the programme and I am committed expenditure in both the BMW and SE regions to maintaining a high level of activity around ahead of profile. Output under this measure is those measures which are the responsibility of also ahead of target, with improvements to 19,400 my Department. kilometres of non-national roads up to the end of While I note the recommendation that the risks June 2004. and delays associated with statutory services and The rural water supply measure was one of archaeology should be eliminated from public those where initial progress was slow. However, private partnership contracts, I am not aware that increased expenditure in 2002 to 2004 has meant these factors have delayed delivery of any of the an improvement in water quality for over 1 mill- public private partnership projects in the national ion persons throughout the country on 1,945 development plan that come within the remit of water supply schemes. Projected expenditure is my Department. There are 109 such projects in anticipated to rise in 2005 and 2006 with a com- the areas of water services, housing and waste mensurate increase in output. management. While progress had been slow under the waste I acknowledge, however, that the above factors infrastructure element of the national develop- have adversely affected timely progress on ment plan up to the middle of 2004, there has national development plan projects which are not been significant progress both on local authority within the remit of my Department. In that con- recycling and recovery infrastructure and disposal text, I reiterate that I am committed to streamlin- infrastructure. Some \50 million has already been ing planning procedures for infrastructure pro- made available to date for over 90 projects and I jects in general and the matter is the subject of ongoing consideration in my Department. As intend to seek new proposals from local auth- regards archaeology, my Department has also orities shortly. Several ambitious PPP projects are entered into codes of practice relating to archae- underway and, while these may take some time ology with a number of development bodies and to come to fruition, they will represent major pro- these are working well. Staff in my Department gress towards the implementation of modern are available to discuss the potential archaeolog- integrated waste management methods. ical impacts of proposed developments and early Over 500 urban and village renewal projects identification of archaeology at the initial design were under way in 2004 and, by the end of the stage allows the mitigation of archaeological year, over \58 million had been provided by my issues to be built into the development process. Department in grant assistance. While this The National Monuments (Amendments) Act measure was slow to get under way in the early 2004 introduces new arrangements to simplify years of the national development plan, much procedures under the National Monuments Acts progress has been made in more recent years and as regards approved road developments. A more I am confident that it will meet its budgetary and wide ranging National Monuments Bill is at draft- output targets. 809 Questions— 9 February 2005. Written Answers 810

The national development plan supports an I have already publicly expressed my regret at extensive programme of conservation and preser- the closure of this plant. The Smurfit plant, estab- vation of the national monuments and historic lished in 1954 and requiring substantial modernis- properties in the care of the State. A total of 101 ation, was the only paper mill recycling plant on sites were selected under this measure and by the island of Ireland. Its closure, on foot of the mid-2004 work had been completed or was closure of the Irish Glass and Irish Steel plants in ongoing on 76 of these sites. In terms of habitats recent years, diminishes our capacity to reprocess protection and conservation, the proposed visitor waste for recycling indigenously. centre at Ballycroy National Park is well Significant progress has been made in raising advanced and it is hoped that the construction of recycling levels in Ireland in recent years. We all the centre can commence in the near future. The agree that higher and sustained levels of recycling project to develop a visitor/study centre for Clara are crucial to dealing with the increased levels of Bog is proceeding satisfactorily and draft plans waste being generated in this country. The clos- have been prepared with a view to progressing ure of the Smurfit plant means, in the short term the project through the planning process as soon at least, that we must now transport all of the as possible. waste paper and cardboard collected for I am satisfied therefore that good progress is recycling abroad. being made on the measures under the national The Smurfit plant had a capacity to process development plan which come within the remit of approximately 45,000 tonnes of paper and card- my Department. I accept, however, that we must board annually, which is relatively small by inter- constantly renew our efforts to maximise the national standards. The latest data published by opportunities for economic and social progress the Environmental Protection Agency indicates under the plan. that over 358,000 tonnes of paper and cardboard was collected for recycling in 2003, representing Consultancy Contracts. a recovery rate of 38.8% for this waste stream. In 79. Mr. Boyle asked the Minister for the Envir- effect, the vast majority of the increasing volumes onment, Heritage and Local Government the of paper and cardboard being collected for instances within his Department in which con- recycling are already being sent abroad. tracts have been awarded as a matter of extreme We must continue to look at ways of further urgency, without regard to the normal tendering improving our material recovery performance for process, since 1997; and if he will make a state- paper and cardboard. The establishment of new ment on the matter. [3930/05] paper reprocessing capacity in Ireland is likely to be costly and will be driven by clear commercial Minister for the Environment, Heritage and considerations. In this regard, my Department — Local Government (Mr. Roche): My Department under the auspices of the North South market has over 3,700 suppliers of goods and services. It development group and in conjunction with the would involve a disproportionate amount of time Northern Ireland Department of the Envir- and work to examine the files relating to all con- onment and the UK Waste Resources Action tracts held with those suppliers since 1997 and Group, WRAP — recently commissioned a con- compile the details referred to in the question. If sultancy study to examine the feasibility of the Deputy wishes to indicate a particular more developing new paper mill capacity on the island limited area of interest, it may be possible to proof Ireland with a view to utilising greater volumes vide the information sought. of collected waste paper and cardboard locally. If a viable option can be identified, this would pro- Recycling Policy. vide stable domestic recycling capacity and 80. Mr. Perry asked the Minister for the Envir- produce new recycled paper and cardboard prod- onment, Heritage and Local Government the way ucts for the domestic market. The commissioning in which he intends to increase the level of of this consultancy study, which is being under- recycling of newspaper and cardboard, the level taken by a multinational consortium and is due of which is amongst the lowest in Europe; and if for completion by the end of March, is timely, he will make a statement on the matter. and I await its conclusions with interest. [4082/05] A range of measures to promote the recycling of paper is already in place and the available data 97. Dr. Upton asked the Minister for the Envir- shows that these are having a significant impact. onment, Heritage and Local Government the These measures include: the progressive roll out steps he will take to provide for the recycling of of segregated household collection of dry recy- paper in view of the recent announcement of the clables or kerbside green bin collection services closure of a paper mill (details supplied) the only to over 560,000 households or some 42% of all plant providing this service on the island; and if households in the State — it is estimated that he will make a statement on the matter. newsprint and other paper waste accounts for [3915/05] over 50% of the material being collected from Minister for the Environment, Heritage and households via the green bin collection service; Local Government (Mr. Roche): I propose to a public service waste management programme take Questions Nos. 80 and 97 together. which is currently being prepared and which will 811 Questions— 9 February 2005. Written Answers 812

[Mr. Roche.] 156. Mr. Ferris asked the Minister for the ensure that all public authorities will routinely Environment, Heritage and Local Government if use recycled paper; a producer responsibility he will make a statement on the findings and initiative, PRI, which is currently under dis- recommendations of the NESC report on housing cussion with the newsprint industry with a view with respect to land availability and land to improving recovery rates for newsprint. prices. [3814/05] Under Directive 1999/31/EC on the landfill of 158. Aengus O´ Snodaigh asked the Minister for waste, Ireland is required to progressively reduce the Environment, Heritage and Local Govern- its landfill of biodegradable municipal waste to ment the projected percentage growth in the 35% of the amount produced in 1995. Interim tar- number of households on local authority housing gets for the diversion of biodegradable municipal waiting lists over the next five years if the waste to 75% and 50% are to be achieved over Government fails to implement the recommend- the 15 year period concerned. In April 2004, ations of the NESC housing report on increasing Ireland’s first draft national strategy on biodeg- the stock of social rental housing in view of the radable waste, which was published for public fact that the number of households on local auth- consultation, set out a range of integrated ority waiting lists grew by 77% between 1996 and measures designed to facilitate the achievement 2002. [3877/05] of these ambitious diversion targets. The draft Minister of State at the Department of the strategy proposes a range of complementary Environment, Heritage and Local Government measures, which are designed in accordance with (Mr. N. Ahern): I propose to take Questions Nos. the waste hierarchy, to support biodegradable 82, 151, 156 and 158 together. waste minimisation and diversion from landfill. Report No. 112 of the National Economic and Ambitious targets for the recycling of waste Social Council — Housing in Ireland: Perform- paper and cardboard, and the biological treat- ance and Policy — provides an important analysis ment of food and garden wastes, from both the of the Irish housing system and an agenda for the domestic and commercial sectors have been pro- future development of housing policy. posed in the draft strategy with source separation Importantly, the NESC report recognises that the of paper/cardboard and food/garden waste con- general thrust of existing housing policy is well sidered to be key to the achievement of the directed. However, the issues raised in the NESC strategy’s objectives. Under the draft strategy, report will now be carefully considered by the specific targets have been set for both the Government, together with other recent reports domestic household sector and the commercial which have a bearing on the housing sector. sector to achieve an overall recycling rate for The Government has successfully promoted a waste paper and cardboard of 67% by the end of range of measures to boost the overall supply of the 15 year period. housing, to modernise and develop the private It is envisaged that the national strategy on rented sector and provide a range of well targeted biodegradable waste will be finalised before the schemes to meet the needs of those who cannot autumn following the completion of a compre- afford accommodation in the private sector. As a hensive evaluation of all submissions received result, 2004 was a further record year for housing from the public consultation process. All the indi- output, while social housing output in recent cations are that the recycling position will con- years has been at levels not seen for more than tinue to improve as a result of the ongoing imple- a generation. In 2005, my Department will spend a record mentation of the local and regional waste \ management plans. 1.3 billion in Exchequer funding on supports for social and affordable housing. This will enable Question No. 81 answered with Question the needs of over 13,000 households to be met through existing schemes this year and the new No. 78. rent accommodation scheme will address the long-term housing needs of about 5,000 current Housing Policy. recipients of rent supplement. 82. Caoimhghı´nO´ Caola´in asked the Minister Pending conclusions of the Government’s con- for the Environment, Heritage and Local sideration and the outcome of the 2005 assess- Government if he has considered the recom- ment of need, it is not possible to predict the mendations of the NESC report on housing; and number of households likely to be on local auth- if it is his intention to incorporate the recom- ority housing waiting lists in the next five years. mendations in an updated housing strategy. The results of the statutory assessment of housing [3811/05] needs to be undertaken in March this year will inform the planning of provision over the coming 151. Mr. Morgan asked the Minister for the years, both in terms of the overall output Environment, Heritage and Local Government if required and the type of need to be addressed. it is his intention to implement the recommend- While reviewing aspects of policy to ensure ations contained in the NESC report on housing, that measures are effective is very important, so particularly the recommendations on increasing too is a focus on delivery. Consequently, we will the stock of social rental housing. [3808/05] be ensuring through five year action plans 813 Questions— 9 February 2005. Written Answers 814 developed by local authorities that available The national waste database interim report for resources are used to best effect to deliver the 2003 indicates that 858,211 tonnes of non-notified optimum level of quality housing in a manner that waste was exported for recycling in 2003, which breaks cycles of disadvantage and dependency. represents 69.1% of Irish waste recycling. A total These mechanisms will assist in continuing the of 30.9% of the total of recyclables collected were task of building strong programmes of social and processed in Ireland. affordable housing over the coming years. The agency does not have data on non- recycling of recovered material. In this regard, Recycling Policy. the Waste Management Acts 1996-2003 provide a clear duty of care on the holder of waste to 83. Mr. Ferris asked the Minister for the Envir- only pass it to an authorised entity, either a local onment, Heritage and Local Government the authority or a person in possession of a waste col- percentage of recyclables collected in the State lection permit, or deposit it at an authorised which are recycled in the State; the percentage facility, which is one that is either licensed or which are recycled in other states; the percentage registered with the EPA or permitted by a local which are not recycled; and if he will make a authority. statement on the matter. [3813/05] Under section 32 of the 1996 Act, as amended, Minister for the Environment, Heritage and it is an offence to hold, transport, recover or dis- Local Government (Mr. Roche): National waste pose of waste in a manner that causes or is likely statistics in respect of all waste streams are pub- to cause environmental pollution. The Acts also lished at three yearly intervals by the Environ- provide that any such activity carried on which mental Protection Agency with the most recent is not in compliance with a waste permit/licence, national waste database report being in respect of authorisation or certificate shall be presumed to 2001. While the database reports do not provide cause environmental pollution until proven an overall recycling figure for Ireland, recycling otherwise. rates in respect of individual waste streams are supplied. In the intervening period, two further House Prices. interim reports have been published to provide 84. Mr. Howlin asked the Minister for the data on municipal waste specifically, that is, Environment, Heritage and Local Government if household and commercial waste, for the years his attention has been drawn to recent figures 2002 and 2003 respectively. The latest figures produced by the Irish Institute of Auctioneers available on municipal waste generation, recov- and Valuers that the cost of building land was ery and disposal are contained in the national increasing at a rate significantly above house waste database interim report for 2003, published price inflation; if he intends to take steps to deal by the agency in December 2004, which reports with this situation; and if he will make a state- that the recycling rate in the municipal waste ment on the matter. [3894/05] stream has advanced to 28.4% in 2003, up from 20.7% in 2002. Minister for the Environment, Heritage and The EU, by way of Council Regulation EEC Local Government (Mr. Roche): I am aware that No. 259/93 of 6 February 1993, as amended, has the Irish Auctioneers and Valuers Institute, a system of supervision and control to apply to IAVI, has published results of a 2004 survey of shipments of waste within, into and out of the its members purporting to show, among other territory of the EU. Under regulation 259/93 a things, that the price of residential development distinction is made between waste which is des- land across the country rose more quickly last tined for final disposal, for example, landfill, or year than the price of new homes. The IAVI sug- for recovery, for example, recycling. For waste gests that this may reflect improved economies which is specifically destined for recovery, a of scale through higher residential densities, low further distinction is made between: “green” list interest rates that reduce the risks of land acquis- waste — Annex II of the regulation; “amber” list ition and confidence among developers concern- waste — Annex III of the regulation; and “red” ing future housing demand. list waste — Annex IV of the regulation. My Department has not sought to evaluate the Waste on each of these lists is connected to a methodology employed in this survey or the particular control procedure. Shipments of all extent and quality of the information obtained. waste destined for disposal, and shipments of haz- However, my Department will continue its ardous and semi-hazardous waste destined for efforts, through a range of policies and measures, recovery, are subject to the requirement of prior to ensure delivery of an increased supply of affordable housing. written notification and consent. Shipments of non-hazardous waste — that is, green or typically, clean segregated recyclable waste fractions — Question No. 85 answered with Question destined for recovery are not subject to the pro- No. 73. cedure of prior written notification. Such ship- End-of-Live Vehicles. ments are only subject to the general information requirement that they be accompanied by certain 86. Mr. Sherlock asked the Minister for the information and documentation. Environment, Heritage and Local Government 815 Questions— 9 February 2005. Written Answers 816

[Mr. Sherlock.] make progress on achieving our targets for the the reason for the long delay in introducing regu- remainder of the programme and I am committed lations on end-of-life vehicles; the communi- to maintaining a high level of activity around cations he has had with the EU Commission in those measures which are the responsibility of regard to the proposed regulations; and if he will my Department. make a statement on the matter. [3913/05] In including housing as a major area of activity Minister for the Environment, Heritage and under the national development plan, the Local Government (Mr. Roche): Enabling pro- Government demonstrated its commitment to visions to facilitate implementation of European increasing support for social and affordable hous- Parliament and Council Directive 2000/53/EC on ing programmes. Since the plan’s inception in end-of-life vehicles were incorporated in the Pro- 2000 the needs of almost 60,000 households have tection of the Environment Act 2003. The delay been met under the range of social and affordable in transposing and implementing the directive housing programmes. Between 2000 and the end principally reflects difficulties in reaching agree- of 2004, provisional outturn figures show investment with the relevant sectors on the detailed ment under the housing aspect of the NDP is mechanisms for the operation of the take back some 10% ahead of forecast. arrangements required by the directive, including While output levels for social housing by the how such arrangements will be funded. local authority and voluntary sector have been My Department has had correspondence and less than envisaged in the NDP targets, record discussions with the European Commission with levels of completions have been achieved over regard to various aspects regarding the transpo- the period of the plan. The shortfall in achieving sition and implementation of the directive in output targets can for the main part be attributed Ireland. Legal proceedings were initiated against to higher than anticipated construction costs. This Ireland by the European Commission on the factor has been acknowledged in external eval- grounds that the directive was only partially uations of the programmes, which also indicated transposed as the regulations on the detailed that the expenditure on social housing was mak- arrangements for implementation of the directive ing positive impacts in terms of tackling poverty in Ireland had not been made. The European and social exclusion. Court of Justice made a judgment in this case on The Government’s decision to introduce multi- 28 October 2004 and found that Ireland had annual capital investment programmes provides failed to fulfil its obligations regarding the full an important opportunity to ensure a structured transposition of the directive. basis for the planning and delivery of all social I have had discussions with relevant sectors and affordable housing programmes. Through with a view to developing an effective approach five year action plans for social and affordable with regard to implementation and I hope to housing developed by local authorities, resources announce my proposals shortly. It is intended to will be used to best effect. The plans will be used make regulations as soon as possible this year to to maximise output, value for money and ensure fully transpose the directive provisions and facili- that priority is given to those most in need. Over- tate its full implementation. all, the priority is to ensure that housing is delivered in a manner, which breaks cycles of depen- National Development Plan. dency and disadvantage. 87. Mr. Gilmore asked the Minister for the With regard to waste management, the last six Environment, Heritage and Local Government if months of 2004 have seen significant progress his attention has been drawn to the serious con- both on local authority recycling and recovery cern expressed by the Institute of Engineers of and disposal infrastructure. In terms of grant Ireland regarding the failure to meet targets set assistance, my Department has made some \50 out in the national development plan, particularly million available to date for over 90 projects. I do in regard to housing and waste management; the not consider it opportune at this time to create a steps he proposes to take to deal with these national waste management agency to promote delays; if he will act on the institute’s recom- waste infrastructure, as recommended in the mendation for the creation of a national waste report; a more urgent issue at present may be to management agency; and if he will make a state- advance arrangements for the improved econ- ment on the matter. [3880/05] omic regulation of waste infrastructure. Minister for the Environment, Heritage and As regards the regionalisation of waste man- Local Government (Mr. Roche): I am satisfied, agement planning, the rationale is to ensure local having regard in particular to the mid-term authorities assume greater responsibility for deal- review of the national development plan over- ing with waste in their functional areas, including seen by the Economic and Social Research working in collaboration with neighbouring auth- Institute, in cooperation with a number of con- orities and giving consideration to the role of the sultancy firms, that progress on the various NDP private sector. My Department has asked local programmes and measures falling within the authorities to ensure there is effective engage- remit of my Department has been generally satis- ment with the private waste industry in the con- factory. I am determined that we will continue to text of review of the waste management plans. 817 Questions— 9 February 2005. Written Answers 818

The report recommends making the waste of senators, ranging from a radical reform of the infrastructure capital grants scheme available to vocational panel system to allow for broader the private sector. When the capital grants enfranchisement, to the introduction of direct scheme was launched it was intended that it be popular elections for some or all of the Seanad made available to both public and private sector seats. The Seanad sub-committee considered the applicants. The latter, however, was conditional issue of immigrant representation in the context on obtaining the necessary state aid approved of multiculturalism and ethnicity in modern from the European Commission. As it transpired, Ireland and recommended that the Taoiseach, the state aid given was of a limited nature. In the when selecting nominees for the Seanad, should interim, however, the industry’s scale increased include people who can represent the interests significantly over a short period of time, a marked and perspectives of immigrants. process of consolidation became evident and These recommendations now require careful some of the projects for which grant applications consideration. To this end, I have written to party had been submitted proceeded in any case. leaders seeking nominations for an informal all- It became clear, therefore, that a grant scheme party parliamentary group, which I will chair, to for private companies would be more likely to determine the extent of cross party agreement on distort competition in the sector or to impact on the recommendations and to advance, with con- enhancing acquisition values in the context of sensus, proposals for implementation of Seanad industry consolidation than to have a significant reform. effect on the provision of recycling and recovery infrastructure. On foot of this my predecessor Radon Gas. decided that it would be more effective to redeploy the funding in question to other related 89. Mr. Stagg asked the Minister for the Envir- initiatives and in particular towards greater onment, Heritage and Local Government if his enforcement of waste legislation. The latter attention has been drawn to the recent study pub- measure had been strongly advocated by the lished in a publication (details supplied) con- industry, to address the problem of unfair compe- firming that exposure to radon gas in homes leads tition from contractors operating outside the law. to a significantly increased risk of lung cancer; the In conclusion, I am satisfied good progress is steps he intends to take to deal with the death being made on the measures under the national toll being caused by radon gas in view of this and development plan which come within the remit the findings of the Radiological Protection of my Department. I accept, however, we must Institute of Ireland that between 150 and 200 per- constantly renew our efforts to maximise the sons are dying every year from lung cancer arising opportunities for economic and social progress from exposure to radon gas; if in view of the con- under the plan. tinuing death toll attributed to radon gas, he intends to provide funding for a scheme to assist Proposed Legislation. those living in pre-1997 houses to take remedial action to provide adequate protection for their 88. Mr. Cuffe asked the Minister for the Envir- homes; and if he will make a statement on the onment, Heritage and Local Government if he matter. [3917/05] has proposals to amend legislation to include any bodies representing immigrant groups in the Minister for the Environment, Heritage and nomination process for Seanad elections; and if Local Government (Mr. Roche): I am aware of he will make a statement on the matter. this recent report, which was published in the [3926/05] British Medical Journal, of a study concerning Minister for the Environment, Heritage and radon and lung cancer which was funded by Can- Local Government (Mr. Roche): In accordance cer Research UK and the European Commission. with section 4 of the Seanad Electoral (Panel This report was the result of a collaborative Members) Act 1947, the Clerk of Seanad E´ ireann analysis of individual data from 13 case control is the returning officer for the Seanad. The studies of residential radon and lung cancer in arrangements for the establishment and mainten- nine European countries, which did not include ance by the returning officer of the register of Ireland. nominating bodies are set out in Part 2 of that The report concluded that radon in the home Act. The register is currently being revised for accounts for about 9% of deaths from lung cancer 2005 and the register as revised will be published and about 2% of all deaths from cancer in later in the year. Copies of the current register Europe. It also concluded that the absolute risk are available from the returning officer. to smokers and recent ex-smokers was much The report on Seanad Reform by the Seanad greater, 25 times greater, than to lifelong non- Sub-Committee on Seanad Reform, published in smokers. These findings are broadly consistent April 2004, sets out a coherent and comprehen- with the estimate by the Radiological Protection sive package of recommendations for further con- Institute of Ireland, RPII, that approximately sideration and action concerning the composition, 10% to 15% of all lung cancer deaths in Ireland functions and future role of Seanad E´ ireann. The are linked to radon gas exposure and that the report also includes proposals for new arrange- incidence is higher among smokers than non- ments surrounding the nomination and election smokers. 819 Questions— 9 February 2005. Written Answers 820

[Mr. Roche.] Litter Pollution. Based on an RPII survey conducted in the 90. Mr. Penrose asked the Minister for the 1990s of radon in domestic dwellings, the great Environment, Heritage and Local Government majority of houses in Ireland, over 90%, would the progress made in regard to the public consul- have radon concentration levels below the tation process on the 2003 litter monitoring body national reference level of 200 becquerels per report on the problematic litter items such as cubic metres. This is the level above which radon chewing gum and fast food packaging; if, as prom- remediation works are recommended. ised, he will be making decisions on the measures While it is not practicable to provide grant required to deal with these problems before the assistance from public funds for radon reme- end of 2005; and if he will make a statement on diation works in domestic dwellings, the Govern- the matter. [3906/05] ment, through the RPII, has over the years committed significant resources to assessing the 133. Mr. English asked the Minister for the extent of the radon problem throughout the Environment, Heritage and Local Government country and to increasing public awareness of the nature of the representations made by a com- radon. During the years 1992 to 1999, the RPII pany (details supplied) concerning the proposed carried out a national survey of radon in domestic chewing gum tax; the status of the proposed tax; dwellings aimed at assessing the extent of the and if he will make a statement on the matter. radon problem in homes. The survey involved the [3940/05] measurement by the RPII of radon for a 12 Minister for the Environment, Heritage and month period in a random selection of homes in Local Government (Mr. Roche): I propose to each 10 km x 10 km grid square throughout the take Questions Nos. 90 and 133 together. country. The RPII’s website contains a compre- On foot of the success of the environmental hensive map of the high radon areas in Ireland as levy on plastic bags, which was introduced in well as the report of its national survey of radon March 2002 and has resulted in a reduction in the in homes. dispensing of plastic shopping bags at retail out- In February 2002, my Department published a lets by over 90%, An Agreed Programme for booklet entitled “Radon in Existing Buildings — Government contained a commitment to consider Corrective Options” advising designers, builders the extension of the levy on plastic bags to other and home owners on remediation options for materials which may be problematic from a waste reducing radon in existing houses to, or below, management and-or litter perspective. the national reference level. Upgraded building The litter monitoring body, which is co- regulations, introduced in June 1997, require all ordinated by my Department, has published two new houses which commenced construction on or reports to date in respect of the years 2002 and after 1 July 1998 to incorporate radon protection 2003 which provide valuable statistical data on lit- measures. My Department has recently published ter pollution in Ireland. In the light of the first an updated edition of technical guidance docu- litter monitoring body report published in July ment C, TGD-D, on part C of the building regu- 2003 in respect of the year 2002, my predecessor lations, site preparation and resistance to moist- announced his intention to tackle the issue of lit- ure, incorporating enhanced radon prevention ter caused by chewing gum, fast food packaging measures for new buildings commencing on or and automated teller machine — ATM — after 1 April 2005. This new guidance document receipts, which were identified as significant is aimed at ensuring that the 1997 radon protec- elements of litter pollution. tion measures are carried out more effectively. To this end, a consultancy study was com- In recent months, the RPII has undertaken sev- missioned in September 2003 to carry out an eral initiatives to further heighten awareness of analysis and recommend appropriate economic the radon issue in Ireland. In November 2004, the instruments, including environmental levies, that RPII hosted the third national radon forum in might be implemented to tackle the litter prob- Dublin to raise awareness of radon as a health lems caused by these items. The consultancy risk. Earlier this year, the RPII published a report was released for public consultation on 23 revised version of its booklet “Radon in Homes” September 2004. and also published a booklet in October 2004 — In regard to chewing gum, the consultants’ “Understanding radon remediation, a house- report proposed two options: a mandatory 10% holders guide”. The RPII also plans to distribute levy on chewing gum sales, an average 5% pack, an information poster on radon for display in to be collected at manufacturer-importer-dis- libraries, medical centres and other public areas tributor level, which would generate an estimated advising people to have their homes checked for \4 million to \5 million per annum for use in pay- radon. ing towards the clean up costs of chewing gum Both the RPII and my Department will con- litter, or a negotiated agreement between my tinue to use all appropriate opportunities to raise Department and the industry, involving the put- public awareness of radon and to encourage ting in place of a comprehensive action plan — householders with radon concentrations above incorporating intensive education and awareness the national reference level to undertake reme- campaigns and including agreed funding levels diation works. with agreed tangible targets and timeframes — 821 Questions— 9 February 2005. Written Answers 822 aimed at changing consumer behaviour in chew- to the requirements of the local authority con- ing gum disposal and reducing gum litter. The cerned for a period or periods up to five years in consultancy report also recommended negotiated total. Staff released for humanitarian emerg- agreements with the relevant sectors on fast food encies may be replaced on a temporary basis for packaging and ATM receipts. the duration of such special leave. The purpose of the public consultation process Following the recent events in Asia, it appears was to obtain the views of relevant stakeholders there is scope for considering an enhancement of and other interested parties on the report’s arrangements to permit the local government sec- recommendations. The deadline for the receipt of tor to contribute more actively to civilian crisis comments and submissions under the public con- response capability. I intend that my Department sultation phase was 29 October 2004. should liaise with the relevant Departments and During the public consultation phase, I held a agencies in this regard. meeting with representatives of the chewing gum industry to discuss the consultants’ report. The Nuclear Safety. industry outlined measures and solutions that it 92. Mr. Wall asked the Minister for the Envir- was prepared to implement by way of a nego- onment, Heritage and Local Government if his tiated agreement as a means of addressing the attention has been drawn to the recent report of chewing gum litter problem. My Department has the working group of the BNFL stakeholder dia- examined the various submissions made as part logue that found that hundreds of thousands of of the consultation process and I intend to Irish people may be at risk if suicide bombers suc- announce a decision on these shortly. ceeded in attacking the Sellafield nuclear reprocessing plant; the action he intends to take arising Local Authority Staff. from the report; and if he will make a statement 91. Mr. Allen asked the Minister for the on the matter. [3919/05] Environment, Heritage and Local Government if 153. Mr. Stanton asked the Minister for the the Government has considered allowing local Environment, Heritage and Local Government if authority staff, with specific skills that may be of he will make a statement on the report by the assistance to the Asia relief effort, volunteer for UK Office for Civil Nuclear Safety that there are work in Asia; and if he will make a statement on chronically inadequate resources to deal with a the matter. [2653/05] major emergency at Sellafield. [3984/05] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): In 1997, the Local Government (Mr. Roche): I propose to Government established the rapid response regis- take Questions Nos. 92 and 153 together. ter of experienced persons willing to make them- I refer to the reply to Question No. 1366 of 26 selves available at short notice to meet the per- January 2005. sonnel needs of Irish and international humanitarian agencies working in crisis situa- Election Management System. tions. The register operates under the aegis of the Department of Foreign Affairs’ volunteer 21 93. Mr. J. O’Keeffe asked the Minister for the programme. Environment, Heritage and Local Government Under existing arrangements, suitably qualified the annual cost of storing the electronic voting local authority personnel wishing to undertake machines; the number of such machines; and the overseas development work and personnel selec- location of same. [3706/05] ted for inclusion on the rapid response register Minister for the Environment, Heritage and may be granted special leave of absence with or Local Government (Mr. Roche): The information without pay. Such leave may be granted subject requested is set out in the following table:

Constituency No. of Voting Location of Storage Premises Annual Storage Costs (rent, Machines insurance, service charges, rates etc.)

Carlow 115 Mortarstown 28,506 Kilkenny 135 Cavan 148 Monaghan Town 25,828 Monaghan 140 Clare 200 Ennis 10,800 Cork County 425 Togher 37,609 Cork City 505 Ballygarvan 27,208 Donegal 295 Letterkenny 9,293 Dublin City 777 Ballycoolin 65,000 Dublin County 768 Finglas 62,939 Galway 310 Galway City 5,253 823 Questions— 9 February 2005. Written Answers 824

Constituency No. of Voting Location of Storage Premises Annual Storage Costs (rent, Machines insurance, service charges, rates etc.)

\ Kerry 310 Tralee 26,125 Kildare 275 Clane 27,126 Laois 100 Portlaoise 28,178 Offaly 120 Limerick 335 Limerick City 57,676 Longford 90 Longford Town 2,995 Roscommon 142 Roscommon Town 10,375 Louth 180 Dundalk 298 Mayo 370 Castlebar 34,930 Meath 265 Navan 20,366 Sligo 130 Sligo Town Nil Leitrim 100 Carrick-on-Shannon Nil Tipperary North and South 408 Clonmel 42,700 Waterford 195 Waterford City 52,888 Westmeath 175 Mullingar 22,805 Wexford 240 Drinagh 16,875 Wicklow 245 Kilcoole 42,456 DoEHLG 6 Custom House, Dublin Nil

Total 7,504 658,229

EU Directives. performance related awards was introduced in the local authority sector for managers, assistant 94. Mr. McCormack asked the Minister for the managers and directors of services commencing Environment, Heritage and Local Government in 2003. The review body recommended that a the steps he has taken to prevent Ireland being committee for performance awards be established fined on 2 March 2005 for the non-implemen- to monitor and adjudicate on the performance tation of the nitrates directive; and if he will make awards process in the local government sector. a statement on the matter. [4059/05] The committee comprises the Secretary General Minister for the Environment, Heritage and of my Department, two senior local authority Local Government (Mr. Roche): I refer to the managers and two members from the private reply to Question No. 346 of 1 February 2005. I sector. intend that a substantive response to the letter of Under the scheme, participants prepare a state- formal notice from the European Commission ment of objectives at the beginning of the year will be made by the due date of 22 March 2005. and a self-assessment of performance at the end of the year. Objectives and assessments are sub- Pay Awards. ject to approval by the committee for performance awards, which also makes the final determi- 95. Dr. Upton asked the Minister for the Envir- nation of the amounts of awards. onment, Heritage and Local Government the The committee’s report on the operation of the names of the senior local authority personnel who scheme for 2003, including an outline of the have been awarded bonus payments by the com- requirements in regard to objectives and permittee for performance awards; the amounts paid in each case; if he will list the criteria used for formance, is available on the website of my awarding payments in each case; and if he will Department at www.environ.ie. I will arrange for make a statement on the matter. [3916/05] a copy of the report to be sent to the Oireachtas Library. The report contains details of the distri- 174. Mr. Coveney asked the Minister for the bution of awards made in respect of 2003. Infor- Environment, Heritage and Local Government if mation naming officials and the individual he will make a statement on the content of the amounts paid to them is deemed a personal first annual report of the committee for perform- record and consequently is not publicly available. ance awards for local authority managers, assistant managers and directors of services. [4025/05] Environmental Policy. Minister for the Environment, Heritage and 96. Ms B. Moynihan-Cronin asked the Mini- Local Government (Mr. Roche): I propose to ster for the Environment, Heritage and Local take Questions Nos. 95 and 174 together. Government if he has plans to introduce controls Following the recommendation of the review on the use of polystyrene as a packaging material, body on higher remuneration in the public sector especially when used as packing for electrical in its report of 25 September 2000, a scheme of goods, in view of the fact that it is not recyclable 825 Questions— 9 February 2005. Written Answers 826 and is bulky and difficult to dispose of; his esti- place after the publication of the consultant’s mate of the amount of polystyrene produced in report. this way; and if he will make a statement on the matter. [3900/05] Question No. 97 answered with Question No. 80. Minister for the Environment, Heritage and Local Government (Mr. Roche): Polystyrene is Waste Management. widely used internationally as protective packaging in the transport of electrical and other goods. 98. Mr. Morgan asked the Minister for the While such packaging can be recycled, for Environment, Heritage and Local Government example, for insulation purposes, manufacture of the further regulations he intends to introduce roof tiles, window frames and so forth, there are under sections 28 and 29 of the Waste Manage- limited outlets for it in Ireland. Recycling of this ment Act 1996 to bring about waste prevention material is hindered by its high volume to weight and minimisation; and if he will make a statement ratio and the associated costs of collection. There on the matter. [3807/05] are no official data on the amount of polystyrene Minister for the Environment, Heritage and placed on the Irish market. Local Government (Mr. Roche): An effective Article 18 of European Parliament and Council basis for addressing our waste management Directive 1994/62/EC on packaging and packag- responsibilities has been put in place through my ing waste prohibit member states from impeding Department’s policy statements, Changing our the placing on the market of packaging which Ways, Delivering Change 1998 and Taking Stock satisfies the provisions of the directive, that is, Moving Forward 2004, statutory waste manage- which is in accordance with the essential requirement plans — largely prepared on a regional basis ments specified in annex II of the directive as to — and the comprehensive regulatory framework the composition and the reusable and recoverable now in place regarding waste. nature of packaging. On foot of these provisions, The Government’s approach is based on the the introduction of controls on polystyrene pro- internationally recognised waste management tective packaging, such as that used on electrical hierarchy of prevention-minimisation, signifi- goods, is not under consideration. cantly increased levels of recycling, energy recov- The litter monitoring body, which is co- ery and, finally, utilising landfill as the last resort ordinated by my Department, has published two for residual waste that cannot otherwise be reports to date in respect of the years 2002 and recovered. 2003 which provide valuable statistical data on lit- A key priority currently is the development ter pollution in Ireland. Fast food take-away bags and roll out of a national waste prevention prog- and wrappers, much of which comprise poly- ramme. A core prevention team was established styrene, have been identified as the largest litter last year in the Environmental Protection Agency component in the packaging litter category, which to develop and drive the programme. A draft is the third largest category of litter after cigarette programme was published by the agency in and food related litter. In the light of the findings April 2004. of the first litter monitoring body report pub- Section 28 of the Waste Management Acts 1996 to 2003 provide for a wide range of legislat- lished in July 2003 in respect of the year 2002, ive and economic instruments to be applied in my predecessor announced the intention to take support of prevention initiatives. Where neces- measures to tackle litter caused by fast food pack- sary, and as appropriate, the programme will aging, together with chewing gum and ATM advise and make recommendations with regard receipts which were also identified as significant to the development and formulation of legislation elements of litter pollution. To this end, a con- and the introduction of economic instruments. In sultancy study was commissioned to analyse and the first instance, such advice will relate to waste recommend appropriate economic instruments, and material audits. I understand that the agency including environmental levies, that might be is currently developing guidance on waste audits implemented to tackle the litter problems caused and waste reduction planning. It is hoped to con- by these items. duct a pilot project to test the draft guidance and In their report, the consultants recommend in the agency expects to have this completed by the relation to fast food packaging that a negotiated end of 2005. agreement should be concluded between Govern- A key component of the waste management ment and the fast food sector involving the put- system in Ireland has been the development of ting in place of litter protocols, action plans, tar- producer responsibility initiatives. I recently gets and so forth. It would be my intention to made regulations to further streamline the pack- seek a commitment to the phasing out of the use aging and packaging waste regulations made in of polystyrene in fast food packaging in favour 2003. As I indicated when making the revised of biodegradable materials, as part of any such regulations, my Department is currently negotiated agreement. A final decision on the reviewing a number of policy aspects of the oper- proposed action to deal with fast food packaging ation of the packaging recycling regime currently will be taken shortly on foot of the conclusion of in place. These relate to the registration fees paid a public consultation process which was put in to local authorities by those producers opting to 827 Questions— 9 February 2005. Written Answers 828

[Mr. Roche.] commission’s interim report published last April, self-comply and the purchasing of packaging and its more detailed first report published in waste by such producers. I will consider further December, on the secrecy and accuracy of the streamlining of the regulations should it be neces- chosen electronic voting and counting system. sary to adopt such an approach on foot of this The objective of this programme will be to review. demonstrate to the commission and to the public My Department is currently developing regu- that the Nedap-Powervote electronic voting lations for further producer responsibility initiat- system, which was selected following detailed ives under EU directives on waste electrical and assessment of the requirements to be met in Irish electronic equipment and end-of-life vehicles. electoral conditions and the holding of an open These directives are based on the promotion of international tender competition, is suitable to be waste prevention and minimisation objectives. used at Irish elections. I am giving full consider- Regulations implementing these will be made this ation to the views of the commission and I will year. Work is also underway in developing pro- ensure that its analysis will inform and guide the ducer responsibility initiatives for waste tyres programme of further assessment, testing and which may require the making of regulations and validation of the system. I intend, therefore, that for newsprint. all of the commission’s recommendations for action should be appropriately addressed in the Election Management System. work ahead. The timing of the further use of the system is 99. Mr. O’Shea asked the Minister for the dependent on the progress made with this prog- Environment, Heritage and Local Government ramme of work and the dates on which future the programme of work which has been under- polls may be held. taken by his Department to address the recommendations of the interim report of the Com- Planning Issues. mission on Electronic Voting; the recommendations to which this work relates; 100. Mr. Twomey asked the Minister for the when he expects this programme of work to be Environment, Heritage and Local Government completed and submitted to the commission for his views on whether the deluge of planning review; and if he will make a statement on the applications made in December 2004 in order to matter. [3902/05] avail of certain tax reliefs will place an intolerable strain on local authorities which must respond 138. Mr. McGinley asked the Minister for the within the statutory timeframe; and if he will Environment, Heritage and Local Government make a statement on the matter. [3997/05] when he will make a decision on electronic voting; and if he will make a statement on the Minister for the Environment, Heritage and matter. [4015/05] Local Government (Mr. Roche): Under planning legislation, the processing of planning appli- 160. Ms B. Moynihan-Cronin asked the Mini- cations is a matter for the individual planning ster for the Environment, Heritage and Local authorities and management of workloads and Government his views on the first report of the deployment of resources to that end is an admin- Commission on Electronic Voting which was istrative issue for those bodies. My Department is published on 15 December 2004; his plans for the satisfied that planning authorities generally have use of the electronic voting system; and if he will sufficient resources to deal with the numbers of make a statement on the matter. [3901/05] planning applications received. 288. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Nuclear Safety. the position in regard to the electronic voting 101. Ms Shortall asked the Minister for the technology; if it is intended to modify, alter or Environment, Heritage and Local Government adapt the equipment for alternative use; and if he the representations he has made to the British will make a statement on the matter. [4299/05] authorities about the decision announced in Minister for the Environment, Heritage and December 2004 regarding their decision to start Local Government (Mr. Roche): I propose to accepting nuclear waste from around the world take Questions Nos. 99, 138, 160 and 288 for burial in the UK; if he has sought a list of the together. locations at which the material will be buried and the nature of the material involved; if an assess- The Electoral (Amendment) Act 2004 confirms ment has been made of any potential risk to this the policy objective of electronic voting and coun- country; and if he will make a statement on the ting at Irish elections and maintains the mandate matter. [3921/05] to my Department from the Oireachtas to work towards implementation of this objective. Minister for the Environment, Heritage and In this context, my Department is developing, Local Government (Mr. Roche): The repro- in parallel with the continuing work of the Com- cessing of spent nuclear fuel undertaken at Sella- mission on Electronic Voting, a programme of field includes operations in respect of substantial further assessment, testing and validation which overseas contracts. Under these contracts there is is intended to address the concerns raised in the an obligation on the UK to repatriate the reco- 829 Questions— 9 February 2005. Written Answers 830 vered nuclear materials and also the substantial HLW, which would be considered as potentially radioactive waste products to the country of a greater risk. origin. The wastes include so called high level The Government has continuously articulated waste, HLW, and intermediate level waste, ILW. our opposition to the reprocessing operations at It remains UK Government policy that radioac- Sellafield, which are environmentally untenable tive waste produced as a result of reprocessing in and only serve to add to the generation of the UK will be returned to its country of origin. additional nuclear wastes for which the UK has In July 2002, the UK Government announced yet to decide on a long-term management option. it would consider the issue of intermediate level The Government will, therefore, continue to use waste substitution policy and commissioned a available avenues, both diplomatic and legal, to study of the issue which was subsequently opened bring about an end to reprocessing operations at to public consultation between January and April Sellafield. 2004. My Department made a submission to this consultation which, inter alia, outlined in very Question No. 102 answered with Question clear terms this Government’s view that the con- No. 64. tinued reprocessing of spent nuclear fuel is a principal factor in the generation of nuclear waste and Litter Pollution. that the Government is totally opposed to the 103. Mr. Timmins asked the Minister for the continued reprocessing of spent fuel at Sellafield. Environment, Heritage and Local Government The decision announced in December 2004 on the recent discussions he has had with Wicklow ILW substitution relates to the retention and County Council or the EPA with respect to illegal long-term management in the UK of ILW arising dumping sites in the county; and if he will make from the reprocessing of overseas spent nuclear a statement on the matter. [3886/05] fuel. This will be compensated by the sending to the overseas customer of an additional amount of Minister for the Environment, Heritage and HLW, equivalent in radiological terms to the Local Government (Mr. Roche): There is ILW retained. There is currently no proposal by ongoing consultation between the office of the UK to bury the ILW to be retained in the UK environmental enforcement and Wicklow County arising from any proposed ILW substitution Council concerning the actions being undertaken arrangements. currently by the council in relation to illegal waste The long-term arrangements for radioactive activities in the county with a view to a structured waste management in the UK are currently under approach to dealing with them. The last such consideration by the committee for radioactive meeting took place on 28 January 2005. Wicklow waste management, CoRWM, an independent County Council also periodically updates my body established by the UK Government. It was Department on its investigations of the main set up to review the options for managing the incidences of illegal activities and is of the view UK’s radioactive waste, including ILW, and pro- that systematic illegal dumping has been halted vide a long-term solution for this problem which in the county. protects people and the environment. CoRWM is tasked with providing options to the UK Govern- Social and Affordable Housing. ment for the management of this waste by July 104. Mr. Kenny asked the Minister for the 2006. As a part of this process CoRWM has been Environment, Heritage and Local Government conducting consultations and holding meetings his views on whether there may be scope for a with relevant stakeholders. My Department will large scale public private partnership to fast track continue to monitor closely the work of this com- the build of high quality social housing; and if he mittee and utilise the consultation process to will make a statement on the matter. [3999/05] articulate the concerns of the Irish Government about any proposals arising for the management 114. Mr. McCormack asked the Minister for and disposal of radioactive waste in the UK. the Environment, Heritage and Local Govern- I understand the decision by the UK Govern- ment the steps he will take to encourage innovative approaches involving joint venture arrangement on ILW substitution policy will result in ments, public private partnerships, financing, radioactive waste arising from foreign repro- direct provision and management of public hous- cessing contracts being returned to overseas ing as recommended by the Institute of Engineers customers a considerable number of years earlier. of Ireland. [3710/05] Based on the substitution of HLW for an equivalent, in radioactivity terms, amount of ILW, it 173. Mr. Crawford asked the Minister for the will in broad terms be environmentally neutral. It Environment, Heritage and Local Government will also involve a six fold reduction in the the steps he will take to encourage innovative number of radioactive waste shipments by British approaches involving joint venture arrangements, Nuclear Fuels Limited, BNFL. Our concerns on public private partnerships, financing, direct pro- current transports through the Irish Sea are well vision and management of public housing as known and while the proposal to reduce such recommended by the Institute of Engineers of shipments is welcome, the reduced number of Ireland; and if he will make a statement on the shipments arising under this policy will be of matter. [4021/05] 831 Questions— 9 February 2005. Written Answers 832

Minister of State at the Department of the process recognises the possibility of swapping the Environment, Heritage and Local Government site for alternative affordable housing. (Mr. N. Ahern): I propose to take Questions Nos. An increasing number of units of social and 104, 114 and 173 together. affordable housing are also now being completed In response to strong demand for housing in under Part V arrangements and output from this recent years, the Government has focused on a source should continue to grow. range of measures to boost housing supply. We It is important to note that in addition to local have placed particular emphasis on the issue of authority provision of social housing, there is also affordability and put in place a broad range of an increasing provision by the not for profit sec- targeted schemes, which have met the needs of tor. Participation by the voluntary and over 13,000 households for each of the last two cooperative sector has been consolidated by the years. A wide range of administrative arrange- generous levels of funding being provided by the ments and new initiatives have been developed, Government over recent years. We remain com- working closely with local authorities, the volun- mitted as ever to developing the sector’s role in tary and co-operative sector, the construction housing both at national and local level. Local industry and other interested parties to ensure authorities have also been encouraged to take that housing is delivered in an integrated fashion account of the role and potential of voluntary and with necessary infrastructure and amenities in the co-operative housing groups in housing when surrounding environment. I am anxious to ensure completing their action plans. that the significant public funding invested in the Furthermore, under the rental accommodation sector, some \1.3 billion in 2005, is used to best scheme announced by the Government in July effect so that priority is given to those most in 2004, local authorities will, over a four year need and that housing is delivered in a manner period, progressively assume responsibility for which breaks cycles of dependency and dis- accommodating supplementary welfare allow- advantage. ance, SWA, rent supplement recipients of 18 I fully recognise and support the important role months or more continuous duration with a long- of PPPs and joint venture arrangements in the term housing need. Local authorities will provide provision of social and affordable housing. There accommodation mainly through availability con- have already been a number of successful innov- tracts with landlords. The use of public private ative public private partnerships between local partnership type arrangements to put in place authorities and developers in the provision of long-term contracts for the supply of rented mixed developments of private, affordable and accommodation will be a feature of the scheme. social housing with extra amenities such as child While the management and maintenance of care facilities. their rented dwellings is the responsibility of local Two successful partnerships of this kind are authorities, my Department plays an important taking place between Fingal County Council and role in providing support and guidance to the Dublin City Council in Mulhuddart and Cherry authorities in their efforts to better manage their Orchard respectively. My Department has also estates. In recent years my Department has intro- encouraged local authorities to investigate the duced a number of initiatives in this regard, use of PPP, where possible, in regeneration devel- including the housing management initiative opments. Dublin City Council is currently under- grants scheme designed to support innovative taking the redevelopment of Fatima Mansions as pilot projects in the area of local authority hous- a PPP and has recently determined that ing management by way of grant assistance from O’Devaney Gardens will be developed as a simi- my Department. lar type project. The tendering process of the Fat- The Government’s efforts to create good con- ima Mansions project has demonstrated the ditions for social and affordable housing have interest of international and foreign based com- been innovative and creative. We welcome the panies in developing partnering role of PPPs and we will continue in our joint arrangements/consortia with Irish firms to tender efforts to progress the sector while also continu- for such projects. ing to ensure a high quality of design and Other local authorities are developing large environmental treatment. scale proposals for the redevelopment of estates which may be appropriate as PPP projects. Fur- Question No. 105 answered with Question thermore, affordable housing delivered under the No. 77. Sustaining Progress affordable housing initiative Planning Issues. may be procured by relevant local authorities entering into PPP type arrangements with devel- 106. Mr. Timmins asked the Minister for the opers to deliver housing on lands provided by the Environment, Heritage and Local Government non-commercial State sector. The Sustaining Pro- the difficulties which have been brought to his gress affordable housing initiative further attention by local authorities or the CIF with develops this partnering concept. A new respect to the operation of Part V of the Planning approach, which was suggested by the industry, is and Development Act; and if he will make a being tried in Harcourt Terrace, where the tender statement on the matter. [3887/05] 833 Questions— 9 February 2005. Written Answers 834

Minister of State at the Department of the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): I propose to (Mr. N. Ahern): Part V of the Planning and take Questions Nos.107 and 176 together. Development Act 2000 was commenced on 1 The Government has received the findings of November 2000. It provided that planning auth- the ninth progress report of the All-Party orities prepare housing strategies by 31 July 2001 Oireachtas Committee on the Constitution — and incorporate the strategies into development Property Rights; report No. 112 of the National plans by way of a variation before the social and Economic and Social Council, NESC, “Housing affordable housing provisions of the part could in Ireland: Performance and Policy”; and the apply to relevant residential planning appli- report by Goodbody Economic Consultants. cations. As a result it was late 2001 or early 2002 The Government is committed to increasing before it became operational in many local the supply of housing to meet the broad range of authorities. housing needs. In this context, my Department is As with any new scheme, my Department concerned to ensure that policies such as land use issued extensive guidance to assist planning auth- planning operate to support this objective. orities and others to implement the new arrange- The Goodbody report, which is available in the ments. Notwithstanding this, local authorities and Oireachtas Library, is an economic proofing of a builders have encountered some difficulties, from possible scheme aimed at accelerating the supply time to time, in its operation since 2002. My of land for affordable housing development. This Department would clarify most of these, where proofing was carried out by reference to the posi- necessary, through the issue of further circulars tion in three housing authorities, two urban and or more detailed guidance. This arose particularly one rural. The analysis included a profile of in late 2002 when, following a review and amend- development land available for housing in the ment of the Act, further guidance issued in 2003 areas concerned, the identification of any factors followed by a series of regional seminars involv- impeding its supply to the market, including the ing all stakeholders. possible hoarding of land, and an evaluation of While Part V is now fully operational in all the market and other impacts of the proposal. local authorities, some further operational issues, This report has also informed my Department’s for example, direct sale of Part V affordable units consideration of the All-Party Oireachtas Com- by developers to eligible applicants nominated by mittee on the Constitution report on property local authorities, have been brought to my atten- rights. tion by local authorities and the Irish Home Buil- The NESC report, which was published in ders Association, IHBA. Indeed, my Department December 2004, is a comprehensive study, is in ongoing correspondence and discussions designed to contribute to the overall understand- with a number of interested parties, including the ing of the factors underpinning the development IHBA, on the operation of Part V. Following of the housing sector in Ireland and outlines the consideration of these matters, further guidance important challenges for the future. will be issued as necessary. The Government is giving careful consideration to all these reports within the context of House Prices. its continuing commitment to meeting the broad 107. Mr. Costello asked the Minister for the range of housing needs. I intend to bring pro- Environment, Heritage and Local Government posals to Government in response to these the action that has been taken or that he plans to reports as soon as possible. take following the report of the All-Party Com- mittee on the Constitution on the cost of building Proposed Legislation. land; the measures that have been implemented 108. Ms O’Sullivan asked the Minister for the arising from this report; and if he will make a Environment, Heritage and Local Government statement on the matter. [3891/05] the status with regard to the proposed Critical 176. Mr. M. Higgins asked the Minister for the Infrastructure Bill, which was first announced in Environment, Heritage and Local Government October 2003; when it is likely that the Bill will his views on the recent report of the NESC on be published; the main features of same; if it will housing and building land and the results of the apply to all incinerators, including the one pro- research he has commissioned from a company posed for Poolbeg in Dublin; and if he will make (details supplied) into the ownership and control a statement on the matter. [3889/05] of building land in certain development areas, 177. Mr. Hayes asked the Minister for the particularly Dublin, to determine whether current Environment, Heritage and Local Government practices are retarding the overall delivery of the status of the Critical Infrastructure Bill; if it building land or impeding long-term market stab- will include the recommendations of the Insti- ility; the action he intends to take arising from tution of Engineers of Ireland and the Construc- these reports; and if he will make a statement on tion Industry Federation; and if he will make a the matter. [3892/05] statement on the matter. [4084/05] 835 Questions— 9 February 2005. Written Answers 836

Minister for the Environment, Heritage and of recent changes in the planning guidelines con- Local Government (Mr. Roche): I propose to tribute to the transport, social and recreational take Questions Nos. 108 and 177 together. needs of the locality; and if he will make a state- I believe that there is wide consensus that we ment on the matter. [3996/05] should have a regulatory system for major infra- 116. Mr. Boyle asked the Minister for the structure projects that delivers projects in the Environment, Heritage and Local Government if right place at the earliest possible time and in a he has undertaken any research into the distri- cost effective way. In addition, the system must, bution and sizing of large retail warehouses of course, be capable of mitigating the impact of throughout the European Union (details any major project on the environment and on supplied); if he will provide this Deputy with a people and comply with all relevant national and copy of these studies; and if he will make a state- international legal requirements. ment on the matter. [3929/05] Having examined the problems that have arisen in the area, the Government considers that 125. Mr. Broughan asked the Minister for the legislation is desirable to address some issues aris- Environment, Heritage and Local Government ing in the approval process. Due to the com- the basis for the changes in the retail planning plexity of the issues involved and the need to con- guidelines announced by him on 15 January 2005; sult widely among my colleagues, the preparation if he will list those retail concerns that made rep- of draft legislative proposals has taken some time. resentations to his Department to have the guide- I am currently working on the proposals for a lines changed; if his attention has been drawn to Strategic Infrastructure Bill and I intend to bring the serious concerns expressed regarding the them before Cabinet shortly with a view to pub- possible impact of the change on existing lishing the Bill as soon as possible. retailers; and if he will make a statement on the In advance of the Government making a matter. [3881/05] decision on these proposals, it would be inappropriate to elaborate on their detail, including Minister for the Environment, Heritage and details of the types of national infrastructure that Local Government (Mr. Roche): I propose to might be included in the proposed legislation. In take Questions Nos. 110, 116 and 125 together. general terms, however, it is intended to reduce I recently announced the decision to amend the the time required for obtaining development con- retail planning guidelines, with effect from 1 sent for necessary major public projects and to February 2005, to provide that the floor space cap coordinate and streamline the different pro- on retail warehouses will no longer apply within cedures now involved, while respecting the the functional areas of the four Dublin local auth- requirements of environment and heritage pro- orities and in the other national spatial strategy tection and the need for adequate public con- gateways. The gateway towns and cities are sultation. Athlone, Tullamore, Mullingar, Cork, Dublin, Dundalk, Galway, Letterkenny, Limerick/ EU Directives. Shannon, Sligo and Waterford. This modification to the guidelines will only apply in areas subject 109. Mr. Deasy asked the Minister for the to integrated area plans, IAPs, under the Urban Environment, Heritage and Local Government Renewal Act 1998. the progress to date on the transposition into The amendment to the retail planning guide- Irish law of the European noise directive; and if lines follows a review of the floor space cap on he will make a statement on the matter. [4058/05] retail warehouses set in the retail planning guidelines, which came into effect on 1 January 2001. Minister for the Environment, Heritage and The guidelines prescribe a maximum floor area Local Government (Mr. Roche): Work on draft- of 6,000 square metres gross retail floor space for ing legislation to transpose the EU directive on large scale single retail warehouse development. environmental noise assessment and management This cap has been reviewed, taking account of the into national law is continuing, in consultation need to promote effective competition in this sec- with the various bodies concerned including rel- tor of retailing and of ongoing developments in evant local authorities, the Environmental Pro- retail formats, while underpinning proper plan- tection Agency, the National Roads Authority, ning and sustainable development. the Department of Transport and bodies under To assist in carrying out the review, interested its aegis. My Department is aiming to complete parties were invited to make submissions to my the transposition process and give effect to the Department. Some 71 submissions were received directive later this year. and assessed. These submissions were fully taken into account in the finalisation of the review. My Planning Issues. Department has not commissioned any specific 110. Dr. Twomey asked the Minister for the research into the distribution and sizing of large Environment, Heritage and Local Government if retail warehouses throughout the European he intends to ensure that those retailers who avail Union. 837 Questions— 9 February 2005. Written Answers 838

Retail companies which suggested in their sub- ity of schools; if a review of speed limits is missions on the review that the floor space cap planned; and if he will make a statement on the be adjusted or abolished were B&Q Ireland Ltd, matter. [3701/05] IKEA and Costco Wholesale UK. A number of Minister for the Environment, Heritage and other bodies, including the Competition Auth- Local Government (Mr. Roche): The provision of ority and the Construction Industry Federation, road traffic signs, which include metric speed also suggested the abolition of the floor space cap limit signs, is a matter for local authorities under on retail warehouses. the Road Traffic Acts 1961 to 2004. The Minister I am aware of concerns expressed about the for Transport has overall responsibility for the possible impact of the change on existing Road Traffic Acts and for any general review of retailers. In the first instance, I would stress that speed limits. I have no function in the matter. the changes now introduced relate to retail warehouses that sell bulky household goods and do Question No. 112 answered with Question not affect the existing caps on the size of No. 70. supermarkets/grocery outlets. The changes to the guidelines are further limited in that they are con- Social and Affordable Housing. fined to integrated area plan areas in the gateways designated by the national spatial strategy. 113. Mr. M. Higgins asked the Minister for the The overall policy objectives of the retail plan- Environment, Heritage and Local Government ning guidelines, including normal planning his proposals to swap State owned land for com- requirements, will continue to apply to any pro- pleted housing to help fast track the building of posals for the development of retail warehouses affordable homes; and if he will make a statement in excess of 6,000 square metres. on the matter. [3893/05] The revised guidelines indicate that any pro- Minister of State at the Department of the posal for an individual retail warehouse with a Environment, Heritage and Local Government floor space in excess of 6,000 square metres gross (Mr. N. Ahern): As a means of progressing the in order to be acceptable from a planning view- affordable housing initiative as speedily as poss- point would need, inter alia, to be accompanied ible, my Department has been looking at a range by a detailed traffic impact assessment and be of options which may accelerate the delivery of supported by the necessary infrastructure. It will housing units. One of these, a land swap option be a matter for the development management which involves the exchange of land for units process to apply the relevant criteria to any plan- which could be delivered more quickly elsewhere, ning application that may come forward from the is being piloted on the Harcourt Terrace site in private sector. Dublin. Expressions of interest were sought in Development contributions are charged by November of last year and I understand that planning authorities to recoup some of the costs there has been considerable interest in this to public funds of servicing land for private option. Short-listing of bids is currently under development. Development contributions col- way in Dublin City Council. This project will be lected by planning authorities are ring-fenced to closely monitored with a view to using the land pay for facilities servicing new developments, for swap option on other sites. example, roads, water, sewerage services and The Harcourt Terrace project, along with all other amenities. All planning authorities have other projects under the initiative, is being pro- adopted development contribution schemes gressed as a matter of urgency with a view to which set out how development contribution early delivery of units. schemes apply in their areas and these schemes apply to all permissions granted after the adop- Question No. 114 answered with Question tion of the scheme. No. 104. The amendment to the retail planning guidelines will facilitate wider consumer choice and Consultancy Contracts. greater competition. It will also ensure that any 115. Ms Enright asked the Minister for the such development entering the market does so on Environment, Heritage and Local Government if a basis which contributes to the economic and the contract awarded to a company (details social objectives of the Government’s urban supplied) due for renewal in February 2005 will renewal programme and the national spatial be renewed; if not, the reason therefor; and if he strategy. will make a statement on the matter. [3987/05] 123. Ms Burton asked the Minister for the Road Safety. Environment, Heritage and Local Government 111. Mr. Connolly asked the Minister for the when the contract awarded to a person (details Environment, Heritage and Local Government supplied) to provide public relations services to his plans to ensure the early removal of inappro- his Department will expire; the total paid out in priate metric speed signs, particularly in the vicin- respect of the contract in terms of remuneration 839 Questions— 9 February 2005. Written Answers 840

[ Ms Burton.] mental Protection Agency concerning its crack- and expenses; if it is intended to renew the con- down on illegal dumping; and if he will make a tact or to seek new tenders for the services sup- statement on the matter. [3936/05] plied; if not, the manner in which the services provided by the firm will now be provided; and if Minister for the Environment, Heritage and he will make a statement on the matter. Local Government (Mr. Roche): Since the estab- [3888/05] lishment, within the Environmental Protection Agency, of the office of environmental enforce- Minister for the Environment, Heritage and ment in October 2003, there has been regular Local Government (Mr. Roche): I propose to contact with my Department in the context of the take Questions Nos. 115 and 123 together. office developing comprehensive new structures The contract to the company concerned to deliver a significantly enhanced waste enforce- expired on 8 February 2005. The total paid out to ment service. date by my Department on the contract is A major achievement for the office during 2004 \275,646. There is no provision in the contract for was the consolidation of environmental enforce- its renewal nor is it proposed at present to invite ment activity through the establishment of a tenders for a new similar contract. Given that national enforcement network. The function of many of the major communication initiatives the network is to harness the collective resources, envisaged at the time of the award of the contract expertise and investigative capacity of those have now been well progressed, my preference is engaged in dealing with environmental crime in to rely on my Department’s press office and other Ireland. The network pools and draws on the resources within my Department and its agencies combined skills of the local authorities, the office for the ongoing communication of my Depart- itself, the Garda Sıóchańa, the Environment and ment’s policies and programmes. Heritage Service and police authorities in Northern Ireland and other relevant agencies. My Question No. 116 answered with Question Department is also represented on the network. No. 110. The initial focus is in dealing with unauthorised waste activity and, in particular, the issue of Waste Disposal. illegal cross-Border movement of waste from the 117. Mr. Bruton asked the Minister for the Republic into Northern Ireland. The network is Environment, Heritage and Local Government if bringing a level of consistency and focus to waste he will increase the penalties for rogue unlicensed enforcement in Ireland that did not exist prior to refuse collectors; and if he will make a statement its establishment and targeted roadblocks and on the matter. [4039/05] inspections of suspect premises have occurred. Two dedicated working groups have been set Minister for the Environment, Heritage and up to work on the issues of unauthorised waste Local Government (Mr. Roche): Under the activities and transfrontier shipment of waste and Waste Management (Collection Permit) Regu- these include representatives of the local auth- lations 2001, all commercial collectors of waste orities, the Northern Ireland authorities and my are obliged to apply to a nominated collection Department. The unauthorised waste working permitting authority in order to collect waste in group’s functions include coordination of a given waste management planning region. The enforcement actions against companies and indi- regulations also provide that local authorities viduals involved in the illegal movement and dis- must require permit holders to ensure that the posal of waste in Ireland. Information and recom- waste collected is transferred to a waste facility mendations emerging from this process support a that has been licensed by the Environmental Pro- systematic plan of action to tackle offenders. tection Agency or holds a permit from the relevant local authority. A permitting authority is A nationwide concerted action was held on 30 entitled to refuse to grant a collection permit, or November 2004, which involved members of the to revoke one that had been granted, in the event Garda Sıóchańa and waste enforcement officers that an applicant or permittee is found guilty of from 15 local authorities, in addition to inspectors any one of a number of specified waste offences. from the office and the Northern Ireland Envir- onment and Heritage Service. The office also Under the Protection of the Environment Act provided assistance to the Garda Sıóchańa in 2003, the penalties for breaches of the waste man- carrying out an investigation into ten sites in the agement code have been increased to a fine of up Republic suspected of being involved in illegally to \3000 and/or a sentence of up to 12 months on moving waste to Northern Ireland. This action is summary conviction, with convictions on indict- part of a broader criminal investigation and illus- ment increased up to \15 million and/or a sen- trates that the necessary communication chan- tence of up to ten years. nels, set up in the network, have already borne 118. Mr. Deenihan asked the Minister for the fruit in the successful completion of a co- Environment, Heritage and Local Government ordinated action involving 18 sites in the United the feedback he has received from the Environ- Kingdom and ten in Ireland. 841 Questions— 9 February 2005. Written Answers 842

The benefits of the network are found in the other onerous reporting requirements to local sharing of information between local authorities, authorities. and other relevant parties, on waste facilities sus- With specific regard to the issue of litter, the pected of illegal activities. A regional approach is litter monitoring body, which is co-ordinated by being developed whereby concerted actions are my Department, has published two reports to being planned on a regional level. date, in respect of the years 2002 and 2003, which The office has also commissioned a study, to provide valuable statistical data about litter pol- be completed in mid-2005, on unauthorised waste lution in Ireland. The latest report, in respect of activities. This will include establishing as com- litter composition in 2003, indicates that plastic pletely as possible the extent of unauthorised sheeting such as silage wrap accounts for 0.02% activities, reviewing current procedures and of litter, down from 0.03% in 2002. developing improved guidance for investigation In light of the consistent and steady progress of unauthorised activities. achieved by IFFPG since its inception, I am Significant training is also planned for local anxious to build on the success of the farm plas- authority environmental staff on waste issues. tics scheme and my Department will, in consul- This is designed with the aim of improving the tation with relevant stakeholders, look at ways in understanding of field staff of waste legislation which recovery and recycling in this sector can be and providing practical tools to assist in planning, further developed. execution and follow up on waste enforcement actions. Waste Disposal. 121. Mr. Penrose asked the Minister for the Question No. 119 answered with Question Environment, Heritage and Local Government No. 78. when his Department received the study prepared by the Health Research Board on the Litter Pollution. health implications of waste incineration; when 120. Mr. Sargent asked the Minister for the he intends to publish his response to the study, Environment, Heritage and Local Government if which has been promised on a number of he has plans to improve the collection and occasions; and if he will make a statement on the matter. [3905/05] recycling of plastic in view of the large amount of plastic litter which is to be found in ditches Minister for the Environment, Heritage and around fields in which silage bale wrap has been Local Government (Mr. Roche): The Health used. [1938/05] Research Board’s study on the effects of landfill and incineration was published in 2003. My Minister for the Environment, Heritage and Department, together with the Department of Local Government (Mr. Roche): Under the Health and Children and the Environmental Pro- Waste Management (Farm Plastics) Regulations tection Agency, has been considering this report 2001, producers — that is, manufacturers and with a view to agreeing on a response to the importers — of farm plastics, such as silage bale report’s findings. I accept that this process has wrap and sheeting, are required to take steps to taken longer than originally anticipated, due pri- recover farm plastics waste which they have marily to the need also to consider a more placed on the market or alternatively to contrib- recently published UK Government report ute to, and participate in, compliance schemes to entitled, “A Review of Environmental and recover the waste in question. The farm plastics Health Effects of Waste Management”. recovery scheme operated by the Irish farm film The joint consideration by the Departments producers group, IFFPG, is the sole approved has recently been completed and an agreed draft body in Ireland for the purposes of implementing response has been prepared for my approval. I a compliance scheme for farm plastics waste and intend to publish this response shortly. has operated successfully to date, funding the collection and recycling of circa 8,500 tonnes of farm Local Authority Housing. plastics in 2004. Under the IFFPG scheme, producers apply a 122. Mr. Cuffe asked the Minister for the levy on the sale of farm plastics which in turn is Environment, Heritage and Local Government transferred to the IFFPG for use in funding the the breakdown of the different interest rates collection and recovery of farm plastics waste. being charged to local authority tenants who are buying out their home from the State; the total Manufacturers and importers who do not partici- value of and the number of loans at each interest pate in the approved scheme, that is, self-compli- rate; and if he will make a statement on the ers, are required under the regulations to operate matter. [3925/05] a deposit and refund scheme — equating to a deposit/refund of \254 per tonne of farm plastic Minister of State at the Department of the purchased/returned — for the collection and Environment, Heritage and Local Government recovery of waste plastics, as well as comply with (Mr. N. Ahern): The most recent information on 843 Questions— 9 February 2005. Written Answers 844

[Mr. N. Ahern.] Question No. 123 answered with Question the total number of tenant purchase loans was No. 115. contained in the 2002 census of population. The census indicated that overall there were 44,783 Litter Pollution. homes being purchased from local authorities. 124. Mr. Quinn asked the Minister for the Information on the total value of such loans or Environment, Heritage and Local Government if a breakdown by interest rate is not available in his attention has been drawn to the recent litter my Department. study undertaken by environmental scientists at Tenant purchasers are not obliged by the terms Trinity College, Dublin, which found that at any of the scheme to take out a mortgage from local one time there were 1,148 pieces of litter per kilo- authorities. Furthermore, those with fixed rate metre stretch of a typical rural road; the steps he local authority loans are free to redeem without intends to take to deal with this unacceptable sit- penalty and refinance in the private sector. My uation; if his attention has further been drawn to Department does not have full information on the fact that drink cans and plastic bottles were the value or number of these private sector loans the greatest problem; if he will consider the and consequently is not in a position to supply imposition of a levy on these items to discourage the detailed information sought in the question. their use; and if he will make a statement on the However, as local authorities generally finance matter. [3907/05] housing loans through borrowings from the Minister for the Environment, Heritage and Housing Finance Agency, HFA, the data on the Local Government (Mr. Roche): Primary outstanding loans from the HFA to local auth- responsibility for developing and implementing orities given in the table below provides a good responses to the litter problem rests appropri- indication of the likely breakdown of loans at ately with local authorities. My Department does, different interest rates. In this regard, the data however, provide financial support for a prog- indicate that the vast bulk of loans are at variable ramme of anti-litter initiatives to support local interest rates. The actual number of loans is not authority action against litter including: the available as this local authority information is not national spring clean campaign; the Irish business aggregated at national level. against litter, IBAL, national litter league; and A summary of the position in relation to tenant the development of the national litter pollution purchase loans funded by the Housing Finance monitoring system. Information available under the national litter Agency is set out in the following table. pollution monitoring system, based on local authority surveys to determine the scale and nature of Local Authority rate to Principle Outstanding borrower (excl. mortgage 31/12/2004 litter pollution in their functional areas, shows protection) that drink cans and bottles, both plastic and glass, \ constitute a relatively minor proportion of litter pollution. In these circumstances, I believe that Fixed Interest existing anti-litter action by local authorities, 4.45% 212,262 together with my Department’s support of the 5.30% 272,821 above initiatives, provide an effective and appro- 5.80% 742,845 priate basis for tackling litter pollution nationally, including litter problems associated with these 6.30% 729,312 products. 6.75% 2,598,443 7.50% 538,664 Question No. 125 answered with Question 9.00% 140,689 No. 110. 10.00% 2,285,131 Greenhouse Gas Emissions. Sub-Total 7,520,167 126. Mr. G. Mitchell asked the Minister for the Variable Interest Environment, Heritage and Local Government if 2.95% 27,041,201 he has met with the Environmental Protection Agency regarding its national allocation plan for Total 34,561,368 emissions trading; and if he will make a statement on the matter. [4046/05] The current local authority tenant purchase mort- Minister for the Environment, Heritage and gage interest rates are 2.95% variable and 4.45% Local Government (Mr. Roche): I have not met for the five year fixed, which represent competi- with the Environmental Protection Agency tive rates of lending. regarding the national allocation plan for the Prior to December 1987 when variable rates trading period 2005-2007. were introduced, certain fixed interest rate loans Under the European Communities issued by local authorities would have carried (Greenhouse Gas Emissions Trading) Regu- rates in excess of the levels indicated in the above lations 2004, the Environmental Protection table. These fixed interest rates reflect the cost of Agency is the designated competent authority in the long-term funds involved. 845 Questions— 9 February 2005. Written Answers 846

Ireland for EU Directive 2003/87/EC establishing tegic planning policies which have been put in a scheme for greenhouse gas emission allowance place at local level. trading within the community. The regulations Other practical examples of implementation also assign responsibility to the agency for progress include the requirement in agreements developing national allocation plans for the trad- between Department of Finance and other rel- ing periods prescribed in the scheme. evant Departments on multi-annual capital envel- While it is a matter for the Government to opes that Departments demonstrate how invest- decide on the total quantity of allowances to be ments are being prioritised to implement the allocated to the trading sector for each period and NSS. Account is currently being taken of the NSS for my Department to provide policy direction to and regional planning guidelines in the prep- the agency in this regard, it is the agency that aration currently of a ten-year investment plan determines the individual allocations to instal- for transport. The draft Dublin city development lations in the trading sector. In addition to plan proposes a substantial increase in housing developing national allocation plans, it is also a output in Dublin city to reduce urban sprawl and matter for the agency to seek and obtain the long distance commuting and thus achieve one on necessary approval from the European Com- the key objectives of the NSS. In Sligo, a series mission prior to implementing them. of private sector hotel, leisure, retail and com- \ My Department is in ongoing contact with the mercial developments totalling around 200 mill- agency on policy matters relating to the climate ion in value have commenced since its desig- change agenda, including emissions trading and nation as a gateway. The completion there of the the national allocation plan for 2005-2007. inner relief road will provide further support for Sligo’s development as a gateway. National Spatial Strategy. Key priorities in implementing the NSS over the next 12 months will include: putting in place 127. Ms Shortall asked the Minister for the a monitoring framework to report on progress in Environment, Heritage and Local Government implementing the NSS, with a special emphasis the progress made to date with regard to imple- on up to date regional population and housing mentation of the national spatial strategy; and if projections that take account of the latest CSO he will make a statement on the matter. national population estimates of up to 5 million [3914/05] people by 2020; advancing a detailed study, in Minister for the Environment, Heritage and conjunction with key departments, the develop- Local Government (Mr. Roche): The Govern- ment agencies and relevant local authorities, of the potential of the NSS gateways for accelerated ment has put a wide range of measures in place development in housing, commercial and employ- at national, regional and local levels to implement ment terms, including the identification of the key the national spatial strategy and achieve its objec- infrastructure priorities necessary to facilitate tives over its 20 year time-frame. such development; intensifying efforts in co-ordi- The initial phases of NSS implementation have nating activities in the areas of housing, environ- focused on embedding the policy approach of the mental and water services infrastructure pro- NSS within key Government Departments, their vision and local roads programmes in my agencies and in regional and local authorities. Department to support the objectives of the NSS; Significant milestones reached during this building on bilateral links between my Depart- period included: the adoption by all regional ment and other Departments and agencies in authorities of regional planning guidelines which order to effectively link their strategic and longer will set the strategic policy agenda for local auth- term planning of investment to the priorities ority development plans; substantial progress in identified in the NSS and in regional planning national development plan capital investment guidelines. programmes, endorsed by the NSS, to provide the critical catch-up infrastructure such as key road Question No. 128 answered with Question and rail links needed to support the achievement No. 61. of more balanced regional development; the mid- term review of the national development plan, Regional Road Network. which signalled strongly the potential for further aligning NDP expenditure with the NSS planning 129. Mr. Stanton asked the Minister for the framework, particularly in the environmental Environment, Heritage and Local Government infrastructure and regional operational prog- the amount being made available per kilometre rammes; planning implementation frameworks of non-national road per county for 2005, with now put in place for the gateways of Cork, reference to funding for non-national roads; and Galway, Limerick, Waterford and Sligo, with if he will make a statement on the matter. work on similar frameworks advancing in other [3704/05] areas. Minister for the Environment, Heritage and The proposals announced for substantial Local Government (Mr. Roche): The total grant investment in new suburban rail services in the allocated to each county council in 2005 under Cork area represent a significant example of a the non-national road grant allocations is set out direct response from the Government to the strain column 1 of the following table. 847 Questions— 9 February 2005. Written Answers 848

[Mr. Roche.] these categories are set out in column 3 of the The only grant categories which are calculated table. by reference to length of road are the discretion- Separate grants are allocated to urban auth- ary improvement and maintenance and resto- orities, none of which are calculated by reference ration maintenance categories. The grants allo- to length of roads in their areas. cated per kilometre to each county council under

Column 1 Column 2 Column 3

County Councils Total 2005 Grant Total Non-National Road 2005 Allocation per km Allocation Length in County Council under discretionary Area (km) improvement and maintenance and restoration maintenance grants

Carlow Co. Council 5,933,072 1,153 1,230 Cavan Co. Council 14,588,225 2,876 1,229 Clare Co. Council 16,845,333 3,940 1,229 Cork Co. Council 40,710,561 11,574 1,229 Donegal Co. Council 26,302,155 6,022 1,230 Du´ n Laoghaire/Rathdown Co. Council 8,901,296 652 2,459 Fingal Co. Council 9,360,432 1,022 1,844 Galway Co. Council 24,163,573 6,072 1,230 Kerry Co. Council 17,608,128 4,224 1,230 Kildare Co. Council 27,606,720 2,090 1,230 Kilkenny Co. Council 10,864,021 2,850 1,230 Laois Co. Council 8,311,234 1,973 1,229 Leitrim Co. Council 9,613,026 2,053 1,230 Limerick Co. Council 15,365,246 3,404 1,230 Longford Co. Council 7,069,578 1,466 1,229 Louth Co. Council 6,534,192 1,147 1,229 Mayo Co. Council 20,150,208 5,878 1,230 Meath Co. Council 29,429,220 2,925 1,230 Monaghan Co. Council 13,296,076 2,374 1,229 North Tipperary Co. Council 9,520,405 2,431 1,230 Offaly Co. Council 8,442,548 1,943 1,230 Roscommon Co. Council 12,861,484 3,720 1,229 Sligo Co. Council 10,434,662 2,499 1,230 South Dublin Co. Council 14,170,464 792 1,844 South Tipperary Co. Council 10,531,110 2,736 1,230 Waterford Co. Council 10,146,627 2,457 1,230 Westmeath Co. Council 8,220,961 2,004 1,230 Wexford Co. Council 14,173,051 3,188 1,230 Wicklow Co. Council 12,322,095 1,984 1,229

EU Directives. if he will make a statement on the matter. [3909/05] 130. Mr. Connaughton asked the Minister for the Environment, Heritage and Local Govern- Minister for the Environment, Heritage and ment his views on moves by the European Union Local Government (Mr. Roche): I propose to to penalise Ireland for the non-implementation of take Questions Nos. 130 and 171 together. environmental directives; and if he will make a My Department maintains an intensive prog- statement on the matter. [4013/05] ramme on the transposition and implementation of EU environmental legislation. Some 200 EU 171. Mr. Rabbitte asked the Minister for the environmental measures, including more than 140 Environment, Heritage and Local Government directives, have by now been transposed. the action he will take to ensure that Ireland It is part of the role of the Commission to meets it obligations to comply with EU law on ensure that member states satisfactorily transpose environmental matters, in view of the announce- EU legislation into their national laws and ment made by the Commission on 13 January implement it effectively. To do this, the Com- 2005 that it has issued eight separate legal warn- mission raises issues in correspondence with ings over breaches of EU environmental law; and member states, and if agreement is not reached 849 Questions— 9 February 2005. Written Answers 850 on how to address the issue, may take a case to waters directive in the bathing season, 1 June to the European Court of Justice. 31 August, of the year prior to the application for Recent correspondence from the Commission, a blue flag. In order to secure a blue flag, a beach which was the subject of its press release of 13 must additionally comply with criteria specified January last, is part of this ongoing process. My by the foundation relating to the facilities avail- Department is in communication with the Com- able and general management, for example, car mission on a range of issues at any given time parking, toilets, litter control, access for the dis- and, in addition, meets regularly with Com- abled and environmental information. mission officials to identify how issues of alleged The blue flag scheme is mainly directed non-compliance can best be addressed. A high towards developed, resort beaches which have, in priority is given to addressing outstanding issues addition to excellent water quality, appropriate in consultation with the Commission and rel- infrastructure and services. As a complement to evant stakeholders. the blue flag scheme, a separate environmental My Department, through the local authorities, award scheme called the green coast award is now the Environmental Protection Agency and the being operated by An Taisce to recognise rural office of environmental enforcement continues to beaches which have excellent water quality and work towards maintaining a high level of environ- natural unspoilt environment but for which the mental protection for Ireland. blue flag criteria are inappropriate. In 2004, there were four green coast awarded beaches in Ireland Question No. 131 answered with Question and 17 beaches are under application for green No. 78. coast awards in 2005. The green coast award is funded under the Question No. 132 answered with Question Ireland/Wales INTERREG IIIA Community No. 73. initiative programme, with additional financial support from my Department, and aims to Question No. 133 answered with Question improve the environment of the Welsh and Irish No. 90. coasts. The award is largely focused on the establishment of local, community, voluntary coast Question No. 134 answered with Question care groups who adopt and manage stretches of No. 66. coastline. In Ireland, the award is focused on counties Meath, Dublin, Wicklow, Wexford and Water Quality. Waterford. 135. Mr. Noonan asked the Minister for the My Department has requested a report from Environment, Heritage and Local Government An Taisce as to the options and measures which the action his Department is taking to increase might be pursued for increasing the number of the number of blue flag beaches and to improve blue flags awarded to designated bathing areas in water quality for visitors; and if he will make a Ireland. An Taisce has carried out research in this statement on the matter. [4065/05] regard on matters such as water quality, environmental education and information, environmen- Minister for the Environment, Heritage and tal management, safety and other services in Local Government (Mr. Roche): The blue flag these areas and expects to report to my Depart- scheme is operated by the foundation for ment shortly. environmental education, an international non- Deficiencies in water quality have frequently governmental organisation based in Denmark, been a factor for failure to achieve a blue flag for and is administered in Ireland by An Taisce. A a beach. I see considerable potential to increase local authority which wishes to apply for a blue the number of blue flag sites as a result of our flag for a bathing area makes application to An greatly increased investment in new and Taisce which provides advice and guidance on the upgraded water treatment plants and the scheme, the criteria on which decisions are based measures to be taken for further implementation and aspects of beach management which may of the nitrates directive and the water frame- require improvement in order to secure or retain work directive. a blue flag. My Department provides grant aid to An Taisce as a contribution towards the admin- Illegal Dumping. istration expenses of the scheme. A total of 77 136. Mr. S. Ryan asked the Minister for the blue flags were awarded in 2004 to 73 bathing Environment, Heritage and Local Government areas and four marinas, maintaining the high the progress made by his Department, in cooper- number of blue flags awarded to bathing areas in ation with the authorities in Northern Ireland, in Ireland in 2003. the investigation into illegal cross-Border dump- To apply for blue flag status, a beach must be ing; and if he will make a statement on the a designated bathing area under the quality of matter. [3910/05] bathing waters regulations. There are 131 such bathing areas — 122 seawater and nine fresh- Minister for the Environment, Heritage and water — designated in Ireland. The quality of the Local Government (Mr. Roche): While enforce- bathing water in these areas must comply with the ment of waste regulations is a matter for the local guideline standards laid down in the EU bathing authorities and the office of environmental 851 Questions— 9 February 2005. Written Answers 852

[Mr. Roche.] ised activities, reviewing current procedures and enforcement, I am determined to ensure that developing improved guidance for investigation whatever resources are required to tackle the of unauthorised activities. problem of illegal dumping are made available In summary, I am satisfied that the comprehen- and that current initiatives will succeed. sive new structures now being put in place are The office has consolidated environmental delivering a significantly enhanced waste enforce- enforcement activity through the establishment of ment service. The allocation of dedicated waste a national enforcement network. This network is enforcement staff to local authorities, coupled harnessing the collective resources, expertise and with the efforts of the enforcement network in investigative capacity of all the agencies engaged co-ordinating activities and providing training, in stamping out illegal activity in Ireland. The means that we are now in a better position to network pools and co-ordinates the resources of identify and suppress irregular waste movements the local authorities, the Garda Sıóchańa, the and illegal cross-Border waste trafficking. Environment and Heritage Service in Northern Ireland and my Department. This is resulting in Question No. 137 answered with Question a step up in actions against unauthorised waste No. 75. movement including roadblocks and inspections of premises. Question No. 138 answered with Question The initial focus of the network is in dealing No. 99. with unauthorised waste activity in Ireland and, in particular, the issue of illegal cross-Border Departmental Properties. movement of waste from the Republic of Ireland 139. Mr. O’Dowd asked the Minister for the into Northern Ireland. The network is bringing a Environment, Heritage and Local Government level of consistency and focus to waste enforce- the number of tenders sought by his Department ment in Ireland that did not exist prior to its from interested parties before a decision was establishment and targeted roadblocks and made by it to locate a biological records facility inspections of suspect premises have occurred. in Waterford; and the cost of setting up this Two dedicated working groups have been set facility. [3708/05] up within the enforcement network to work on Minister for the Environment, Heritage and the issues of unauthorised waste activities and Local Government (Mr. Roche): The national transfrontier shipment of waste, including rep- biodiversity plan, published in April 2002, con- resentatives of the local authorities, the Northern tained a commitment to put in place a national Ireland authorities and my Department. The biological data management system to be co- unauthorised waste working group’s functions ordinated by a national biological records centre. include coordination of enforcement actions Subsequently, in December 2003, the Heritage against companies and individuals involved in the Council, pursuant to sections 6 and 7 of the Heri- illegal movement and disposal of waste in tage Act 1995, recommended to the then Minister Ireland. Information and recommendations the establishment, under the council’s auspices, of emerging from this process support a systematic a national biological records centre. In May 2004, plan of action to tackle offenders. the Minister responded, welcoming the council’s A nationwide concerted action was held on 30 initiative and requesting it to give more detailed November 2004, which involved members of the consideration to issues such as funding, the com- Garda Sıóchańa and waste enforcement officers position of a management board and possible from 15 local authorities, in addition to inspectors choices of location. from the office and the Environment and Heri- In June 2004, the Heritage Council recom- tage Service in Northern Ireland. The office pro- mended that the records centre be located in vided assistance to the Garda Sıóchańa in carry- Waterford, under the aegis of the Heritage ing out an investigation into ten sites in Ireland Council and in partnership with Waterford suspected of being involved in illegally moving Institute of Technology. The council considered waste to Northern Ireland. This action is part of that its choice of location was supported by the a broader criminal investigation and illustrates emergence of an environmental node in the south that the necessary communication channels, set east. This included the headquarters of the up in the enforcement network, have already Environmental Protection Agency in Wexford, borne fruit in the successful completion of a co- the Heritage Council’s location in Kilkenny and ordinated action involving 18 sites in the United my own Department’s proposed decentralisation Kingdom and ten in Ireland. Wexford County to four locations in the south east under the Council has also obtained a High Court injunc- Government’s decentralisation proposal. The tion against a waste operator preventing capacity of Waterford Institute of Technology to unauthorised movement of waste to Northern bring state-of-the-art IT and administrative sup- Ireland. port as well as a strong environmental pedigree The office has commissioned a study, to be to a partnership were also cited by the council. completed in mid-2005, on unauthorised waste In response to this recommendation, my activities. This will include, inter alia, establishing Department wrote to the Heritage Council on 15 as completely as possible the extent of unauthor- July 2004 seeking further details on aspects of fin- 853 Questions— 9 February 2005. Written Answers 854 ance, governance, procurement and logistical housing policy delivery issues will be informed by matters. In September 2004, the then Minister, the recent NESC study on housing and the report having received these details from the Heritage of the managers of the four Dublin local auth- Council, accepted the council’s recommendations orities, with input from other local authorities in regarding the proposed location of the records the wider Dublin metropolitan area, who estab- centre subject to an appropriate contract between lished a special task force to advise on accelerat- the Heritage Council and the institute which ing the supply of affordable housing in the specified the infrastructure and facilities which capital. the institute would provide and relevant performance indicators for the delivery of the contract. Departmental Procurement. The Heritage Council, in its initial policy 141. Mr. Rabbitte asked the Minister for the recommendation, estimated initial set up costs of Environment, Heritage and Local Government a national biological records centre of \82,000 \ the action he intends to take to implement the and annual running costs of 591,000. As yet no recommendation made in the recent report of a contract has been finalised between the Heritage person (details supplied) that his Department Council and the Waterford Institute of Tech- should review and consolidate its internal advice nology and no expenditure has been incurred on on all aspects of procurement; if he intends to the project. take any other action arising from the report; and if he will make a statement on the matter. Social and Affordable Housing. [3882/05] 140. Ms Lynch asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): My Department the nature of the current talks with developers fully accepts the Quigley report recommendation regarding the provision of 30,000 social and that it should review and consolidate its internal affordable houses over the next four years; the advice on all aspects of procurement and this persons who are involved in the talks; the pro- recommendation will be fully implemented over gress made to date; and if he will make a state- the next few weeks. Some relevant initiatives ment on the matter. [3896/05] have already been identified and others are in the Minister of State at the Department of the process of being developed. Environment, Heritage and Local Government My Department is a large and complex organis- (Mr. N. Ahern): While my Department has not ation dealing with some 3,700 suppliers of a wide received a proposal for the delivery of social and range of goods and services, and a relatively large affordable housing on the precise lines indicated number of officers are involved in procurement. in the question, it is assumed that reference is Revised procedures are being put in place to being made to a proposal made during the course strengthen monitoring and control of procure- of last year by a group of builders/developers. ment and intensive briefing and refresher training These builders/developers presented their pro- is being arranged for all staff engaged in procure- posals to a sub-group of the cross-departmental ment. Additional resources are also being allo- team on housing, infrastructure and PPP, which cated to the Department’s internal audit unit, and mainly comprised officials from my Department to its organisation unit which co-ordinates advice and the Department of the Taoiseach and the and monitoring in relation to the Department’s Department of Finance. The IHBA was also rep- procurement activities. resented at the meeting. I am confident that these arrangements, which Consistent with the Government’s objective of will be implemented urgently, will enable my prioritising the accelerated delivery of social and Department to achieve the improvement and affordable housing, a number of partnership consolidation of its procurement arrangements arrangements have been developed already with recommended by the Quigley report. the building industry to deliver social and affordable housing to positive effect. These have ranged Question No. 142 answered with Question from individual contracts to deliver mixed devel- No. 68. opments to more formal arrangements under Part V, which provide a mechanism for the delivery of Housing Design. social and affordable housing. The new Sustain- 143. Mr. Connaughton asked the Minister for ing Progressaffordable housing initiative also the Environment, Heritage and Local Govern- involves PPP type arrangements with ment the initiatives he intends to introduce to builders/developers. encourage excellence of design in housing, partic- Consultation is maintained with the industry on ularly in regard to high density developments; the implementation of these initiatives and this and if he will make a statement on the matter. has produced some worthwhile suggestions which [3709/05] my Department and/or local authorities have acted upon. Minister of State at the Department of the My Department is now considering the issues Environment, Heritage and Local Government raised by the latest proposal from a group of (Mr. N. Ahern): To assist designers of social builders/developers. This consideration and wider housing, my Department has published social 855 Questions— 9 February 2005. Written Answers 856

[Mr. N. Ahern.] Department’s own figures; and if he will make a housing design guidelines which provide general statement on the matter. [3935/05] design guidance at the levels of both the overall Minister of State at the Department of the scheme and the individual dwelling unit. The pur- Environment, Heritage and Local Government pose of these guidelines is to identify principles (Mr. N. Ahern): In general, over the past decade, and criteria that are important for the design of the resources allocated to my Department for social housing and to highlight specific design fea- social housing purposes have been fully spent. In tures, requirements and standards that, from fact, since the beginning of the national develop- experience, have been found to be particularly ment plan, spending on social housing has been relevant. These guidelines are being reviewed ahead of target. My Department, in its overall currently in my Department and it is intended responsibility for managing housing capital that an updated set of guidelines which will con- budgets, seeks to ensure that these are spent as tain specific advice on urban design and higher effectively as possible. Where one authority does densities will be published later this year. Guide- not require their full social housing allocation, my lines for residential developments in areas desig- Department can reassign the balance to other nated for urban renewal have also been issued authorities and there is also flexibility to use any by my Department with particular emphasis on unused resources for other housing purposes. apartment developments. There are no circumstances where a local auth- My Department’s inspectorate through their ority can use funds allocated for social housing work on the social housing programmes promote for any other purpose. architectural quality within local authorities and The Government are allocating record levels of the voluntary and co-operative housing sector. funding to local authorities for their social and The standards applicable to the planning and affordable housing programmes in 2005. The total design of private housing schemes are governed Exchequer capital funding available for social by the requirements of the development plan for and affordable housing in 2005, taking account of the area in which the housing is to be constructed. the additional resources announced in the budget, Planning permission is required for all private will be almost \1.18 billion which represents an housing developments and, in making its increase of 17% on the likely outturn in 2004. decisions, the planning authority will have regard In association with this funding, my Depart- to the criteria for planning and design of housing ment has initiated the development by local auth- developments contained in its own development orities of new five year actions plans for social plan. and affordable housing, to ensure a systematic The guidelines for planning authorities on resi- and integrated approach to the effective use of dential density which were published in Sep- these resources. I consider that given the nature tember 1999 indicate that higher residential den- of continuous housing need, the preparation of sities must not be achieved at an unacceptable these action plans is beneficial to local authorities amenity cost to the surrounding dwellings and the in identifying priority needs over the coming residents of the proposed development. A high years and providing a coherent and co-ordinated quality of design and layout and a good quality response across all housing services, including living environment, including the availability of delivery of housing by the voluntary and co- adequate shopping, social, transport and leisure operative housing sector. Two thirds of these infrastructure, are essential if increased residen- plans have already been approved by my Depart- tial densities are to be acceptable. ment and the remainder are likely to be approved A joint housing committee, representative of within a matter of weeks. my Department and the Royal Institute of Archi- It is clear that the new action plans provide a basis for monitoring performance on social and tects in Ireland, organise periodic national hous- affordable housing delivery. Given the recent ing conferences. The agenda for this year’s con- introduction of this mechanism and the multi- ference, which is to be held next May, will annual nature of the approach, we have allowed address issues relating to the quality of housing for a mid-term review in 2006. This will allow my including urban design and management of high Department to identify those authorities which density developments . In addition, this Depart- are not performing well and take the necessary ment hosted an international conference last year action to rectify this situation. for the European Forum for Architectural Policy At a broader level, a system of service indi- at which the issue of excellence of design was cators has been implemented which provide a addressed. basis for monitoring performance of local authorities across the full range of their services. Local Authority Housing. 144. Ms O. Mitchell asked the Minister for the Question No. 145 answered with Question Environment, Heritage and Local Government No. 73. the action he intends to take to ensure that moneys allocated for social housing to local auth- Recycling Policy. orities is spent for this purpose and not chan- 146. Mr. Hogan asked the Minister for the nelled into other projects, as shown by his Environment, Heritage and Local Government 857 Questions— 9 February 2005. Written Answers 858 the initiatives he will introduce to significantly EPA has reported in its national waste database improve recycling of paper, glass, metals and interim report for 2003, published in December plastic; and if he will make a statement on the 2004, that packaging waste recovery has increased matter. [4018/05] to an estimated 42% in that year and the latest indications are that Ireland is on course to meet Minister for the Environment, Heritage and the higher recovery and recycling targets for end Local Government (Mr. Roche): Directive 2005. 94/62/EC on packaging and packaging waste is based on the concept of producer responsibility, The 1994 packaging directive has recently been which effectively requires producers to contribute revised by a new amending directive which speci- to the waste management costs of products which fies higher recovery and recycling targets to be they have placed on the market at end of life. achieved by 2011 in the case of Ireland, 2008 for Under the directive, Ireland was required to most other member states. The main revisions to achieve a 25% recovery rate of packaging waste the 1994 directive are an increase in the packag- by 1 July 2001, increasing to a 50% recovery rate ing waste recovery target to 60%, the packaging by 31 December 2005, with a minimum of 25% waste recycling target to 55%, with the material to be achieved by recycling, including a minimum specific recycling targets for glass 60%, 15% recycling rate for each type of packaging paper/board 60%, metals 50%, plastics 22.5% material. In accordance with this approach, a pro- and wood 15%. In this regard, my Department is ducer responsibility initiative operates in Ireland in discussions with Repak with a view to in relation to the recovery of packaging waste and developing an effective strategy which will facili- is underpinned by the Waste Management tate the achievement by Ireland of the new higher (Packaging) Regulations 2003, as amended, which recovery and recycling targets over the period replaced earlier regulations introduced in 1997. 2006 to 2011. Under the regulations, producers are required to take steps individually to recover their packag- Development Levies. ing waste, i.e. self-compliance or, alternatively, to 147. Mr. Sargent asked the Minister for the contribute to and participate in compliance Environment, Heritage and Local Government if schemes set up to recover packaging waste. his attention has been drawn to the burden on Repak Limited was established by Irish industry growers resulting from development levies on in 1997 to promote, co-ordinate and finance the plastic poly-tunnels which apply in some counties collection and recovery of packaging waste with but not, for example, in County Kildare. a view to achieving Ireland’s packaging waste [1941/05] recovery and recycling targets under Directive 94/62/EC on packaging and packaging waste and Minister for the Environment, Heritage and is the only such approved compliance scheme in Local Government (Mr. Roche): Charging Ireland. Repak has reported consistent progress development contributions allows local auth- since 1997 and in 2001 met the 25% packaging orities to recoup some of the costs to public funds waste recovery target required by the directive. of servicing land for private development. With- The 2003 packaging regulations introduced an out them, this servicing could not proceed or the obligation on all producers involved in the plac- full cost would have to be borne by the taxpayer. ing of packaging on the Irish market to segregate Under the Planning and Development Act 2000, their specified back-door packaging waste, that is, income from development levies must be ring- waste aluminium, fibreboard, glass, paper, plastic fenced to pay for facilities servicing new develop- sheeting, steel and wood, and have it collected for ment, for example, roads, water and sewerage recycling. It is widely accepted that this measure services and other amenities. has contributed to a significant increase in the Development contributions are levied by each recycling rates for these materials in the commer- planning authority on the basis of a development cial sector. contribution scheme which sets out how contri- In light of the progressive roll out of household butions will apply in its area. Such schemes had segregation and separate collection of dry recy- to be adopted by all planning authorities by 10 clables, over 560,000 households are now served March 2004. The level of contribution and the by segregated household collection of recyclables, types of development to which development con- the continued expansion of the bring bank net- tribution schemes should apply has therefore work, circa 1,700 currently in place, and with an been determined at local authority level in all increased network of civic amenity centres and cases in accordance with the decision vested in waste transfer stations being progressively put in elected members in this matter. place, further significant improvements in the domestic household recycling rates are Recycling Policy. anticipated. Other measures such as the roll out by local 148. Mr. English asked the Minister for the authorities of pay by weight or volume waste Environment, Heritage and Local Government charging and the landfill levy will continue to the action he will take to require retailers to pro- encourage waste prevention and minimisation of vide disposal facilities for packaging waste. waste and its diversion away from landfill. The [3938/05] 859 Questions— 9 February 2005. Written Answers 860

Minister for the Environment, Heritage and reprocessing plant; and if he will make a state- Local Government (Mr. Roche): The Waste ment on the matter. [3918/05] Management (Packaging) Regulations 2003, as amended, which revised and replaced previous Minister for the Environment, Heritage and regulations made in 1997, are intended to facili- Local Government (Mr. Roche): The Govern- tate the achievement by Ireland of the 50% pack- ment initiated international legal proceedings aging waste recovery target by end 2005 as set out against the UK under the United Nations Con- in Directive 94/62/EC on packaging and packag- vention on the Law of the Sea in relation to the ing waste. These new regulations provide the Sellafield MOX plant. The current position on necessary legal framework to facilitate the recov- the litigation by Ireland under UNCLOS is that ery and recycling of packaging waste in Ireland. the arbitration remains suspended pending resolution of jurisdictional issues in the dispute, which All producers, including retailers, participating were raised by the European Commission. in the placing of packaging on the Irish market, However, the tribunal in the case issued an order must segregate the packaging waste arising on on 24 June 2003 after hearing an application by their own premises into specified waste streams, Ireland for provisional measures. that is, waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood, and have it col- The provisional measures award and orders lected by authorised operators for recycling. In recommended that Ireland and the UK enter into addition, major producers, that is, those who have dialogue to improve cooperation and consultation an annual turnover in excess of \1 million and between the two Governments and report to the who place more than 25 tonnes of packaging on tribunal on specified dates. The most recent the Irish market, have additional responsibilities report to the tribunal was submitted on schedule with regard to the recovery of packaging waste by both parties on 30 November 2004. In line with from their customers. the obligation on both parties to improve cooperation and coordination arrangements, complex Under the 2003 packaging regulations, major discussions, confidential to the tribunal and the producers have the option of either complying parties pending outcomes, are at present directly with their producer responsibility obli- continuing. gations, that is, self-compliance, or alternatively getting an exemption from those requirements by It was my stated intention to report on progress becoming a member of a packaging waste com- arising from this process at the appropriate pliance scheme. Repak Limited was established instance and the signing of an agreement on noti- by Irish industry in 1997 to promote, co-ordinate fication and exchange of information arrange- and finance the collection and recovery of pack- ments between Ireland and the UK on 10 aging waste with a view to achieving Ireland’s December 2004 afforded the two parties an packaging waste recovery and recycling targets opportunity to do so. The agreed package of under Directive 94/62/EC on packaging and pack- measures announced is designed to address a wide range of issues related to nuclear safety and aging waste is the sole approved compliance includes inter alia the facilitating of visits to Sella- scheme for the recovery of packaging waste in field by the Radiological Protection Institute of Ireland. Ireland and the Garda Sıóchańa, provision of Major producers, who opt to self-comply with access for the Institute to the UK’s radiation the regulations, are required, inter alia, to accept monitoring system and a series of initiatives to from any person, free of charge, at each premises develop and improve existing co-operation from which packaging, packaging materials or arrangements between both Governments. packaged products is supplied, packaging waste The substantive hearing of Ireland’s legal of a type or brand supplied by that major pro- action against the UK under UNCLOS is cur- ducer and adequate facilities must be provided rently suspended pending resolution of juris- by that major producer at each of the relevant dictional issues raised by the European Com- premises for the acceptance, segregation and stor- mission. These issues are now the subject of age of such packaging waste from customers. A litigation between Ireland and the Commission further obligation on self compliers includes the before the European Court of Justice. In this placement of a sign at each entrance to each case, formal pleadings have been exchanged and premises from which packaging, packaging Ireland has recently applied to the court for the materials or packaged products is supplied, holding of an oral hearing. A decision is awaited. informing the public that packaging waste of a type or brand supplied by that major producer 150. Mr. Bruton asked the Minister for the will be accepted free of charge at that premises Environment, Heritage and Local Government if for the purposes of recovery. he will make a statement on his recent agreement with the British Government under the United Nuclear Plants. Nations Convention on the Law of the Sea by which the Garda and the Radiological Protection 149. Mr. Stagg asked the Minister for the Institute of Ireland will be allowed to visit Sella- Environment, Heritage and Local Government field. [4040/05] the position regarding the international legal action taken by the Government with a view to 157. Mr. Wall asked the Minister for the Envir- securing the closure of the Sellafield nuclear onment, Heritage and Local Government the 861 Questions— 9 February 2005. Written Answers 862 main features of the recent agreement concluded aspects of the physical protection and policing with the British authorities regarding the sharing arrangements in place at the site following an of information relating to nuclear issues, partic- invitation from the United Kingdom Atomic ularly to the Sellafield nuclear reprocessing plant; Energy Authority Constabulary. Following this the rights of access which will be provided to the visit both parties have agreed to discuss mechan- Irish authorities; if he has satisfied himself that isms for exchanging security sensitive information these are adequate; and if he will make a state- without compromising the security needs and ment on the matter. [3920/05] concerns of the UK in relation to such information. Further visits will be facilitated by the Minister for the Environment, Heritage and UK. Local Government (Mr. Roche): I propose to I believe the access afforded to Sellafield to the take Questions Nos. 150 and 157 together. Radiological Protection Institute of Ireland and On 10 December 2004, I was pleased to sign the Garda Sıóchańa is an extremely positive on behalf of Ireland, an agreement on the early development which we can all welcome and notification of an accident or incident of radio- endorse. It is a substantial advance on the situa- logical significance and exchange of information tion that applied prior to the discussions between concerning the operation and management of Ireland and the UK under UNCLOS. While nuclear facilities or activities with the UK. This nuclear safety and security are a matter for agreement is modelled on an International national authorities, in this case the UK, the Atomic Energy Agency Convention which was access afforded to the institute and the Garda adopted in 1986. The convention established a Sıóchańa represents an increasing recognition by notification system for nuclear accidents which the UK of the real concerns of the Irish people have the potential for international transbound- in relation to the continued operation of the ary release that could be of radiological safety sig- Sellafield plant. I understand the RPII and the nificance for another State. The agreement is Garda Sıóchańa have judged the visits to be wel- designed to ensure the swift exchange of infor- come, constructive and useful confidence building mation between the UK and Ireland in the event measures and I look forward to the continued of a major nuclear accident or other radiological development of these and the other important emergency occurring in either country. I am satis- information exchange and co-operation arrange- fied that it represents a very positive developments arising from the discussions under ment in managing the two countries respective UNCLOS by the UK and Ireland. positions on the nuclear energy issue. At the signing of the agreement on 10 Question No. 151 answered with Question December I, together with the British Ambassa- No. 82. dor, announced the outcome to date of the discussions between Ireland and the United Local Authority Housing. Kingdom stemming from the legal action brought 152. Ms Lynch asked the Minister for the by Ireland against the UK under the United Environment, Heritage and Local Government if Nations Convention on the Law of the Sea. The his attention has been drawn to the serious disap- UNCLOS arbitration tribunal’s provisional pointment expressed by the Simon Community measures award in June 2003 recommended that and other organisations concerned with the wel- Ireland and the United Kingdom review the exist- fare of the homeless of the failure to take appro- ing system of intergovernmental notification and priate measures in budget 2005 to assist the co-operation to develop suitable secure arrange- almost 6,000 homeless persons; if he intends to ments at inter-governmental level to improve that take measures during 2005 to help secure accom- system. Following the award, confidential and modation for those who are homeless; and if he complex discussions ensued to improve co-oper- will make a statement on the matter. [3897/05] ation and consultation between the two Govern- ments. The discussions were constructive, wide Minister of State at the Department of the ranging and fruitful and the outcomes represent Environment, Heritage and Local Government a positive and welcome development between the (Mr. N. Ahern): I am aware of the concerns two Governments in relation to the nuclear issue expressed by some voluntary bodies about this on which Ireland and the UK continue to hold matter. significantly different views. The Government is committed to addressing The agreed package of measures announced is the issue of homelessness on a sustained basis. designed to address a wide range of issues related Government funding for the provision of accom- to nuclear safety and included a visit to Sellafield modation and related services has increased from in September 2004 by the Radiological Protection \12.6 million in 1999 to \51 million in 2004 and Institute of Ireland. The visit focused on devel- there is general agreement among the statutory opments in relation to the storage of high level and voluntary agencies that the emergency liquid radioactive waste on the site and the auth- accommodation sector is at this stage adequately orisation of radioactive discharges into the Irish catered for. The focus is now shifting to the pro- Sea. The intention is for the UK to facilitate vision of long-term accommodation and the sup- further visits by the Institute. The Garda Sıóch- ports required to meet the non-accommodation ańa visited Sellafield in June 2004 to review needs of homeless persons. This aspect will be 863 Questions— 9 February 2005. Written Answers 864

[Mr. N. Ahern.] council is being finalised at present and I expect addressed in the context of the Department’s that this will be supplied to Mayo County Council social housing programmes in future years. by mid-February. Subject to planning approval In 2005, it is planned to build up a programme being obtained, I am hopeful that this project can of about 5,500 starts under the main local auth- proceed and that Ballycroy National Park, ority social housing measure and substantial County Mayo, will have an excellent new visitor investment will continue to be made in regener- centre before long. ation projects such as the Ballymun programme. The voluntary and co-operative sector will con- Waste Disposal. tinue to be supported as they increase and con- 155. Mr. P. McGrath asked the Minister for the solidate their contribution to the delivery of Environment, Heritage and Local Government social rented accommodation. It is estimated that the measures he intends to introduce to prevent the needs of over 13,000 households will be met fly tipping; if he will significantly increase the under various social and affordable housing fines for fly tipping; and if he will make a state- measures over the course of the year. ment on the matter. [4038/05] In addition to this, the rental accommodation scheme announced by the Government in July Minister for the Environment, Heritage and 2004 may offer possibilities for meeting the Local Government (Mr. Roche): Under section accommodation needs of the homeless. Under 32(1) of the Waste Management Act 1996 per- the new initiative local authorities will progress- sons holding, transporting recovering or disposing ively assume responsibility, over a four year waste cannot do so in a manner which causes or is period, for meeting the long-term housing needs likely to cause environmental pollution. Similarly of social welfare rent supplement recipients. under the Litter Pollution Act 1997, persons are Under the new scheme local authorities will use forbidden from depositing litter in a public place a range of measures, including entering into or anywhere that is visible from a public place. In arrangements with private accommodation pro- addition, the owner or occupier of any lands has viders, to provide accommodation on a medium a statutory duty to keep the lands litter free. to long-term basis. While enforcement is a matter for the local authorities and the Office of Environmental Question No. 153 answered with Question Enforcement, I will continue to ensure that the No. 92. regulatory framework and the resources are appropriate to deal with the problem. Very sig- National Parks. nificant powers are available to local authorities under the Waste Management Act 1996 and the 154. Mr. Ring asked the Minister for the Envir- Litter Pollution Act 1997 to enable them to tackle onment, Heritage and Local Government the illegal waste activity and littering and these position in relation to a project at Ballycroy powers were further strengthened by the Protec- National Park in County Mayo; the reason for the tion of the Environment Act 2003. These include delay in this project; if a working group was set powers to halt vehicles and inspect premises. up between the community, the OPW and the Maximum penalties attaching to illegal waste council; when the planning process for the project activities are substantial and were increased in will be sorted out; and if he will make a statement the 2003 Act. on the matter. [3702/05] To further assist local authorities in acting on Minister for the Environment, Heritage and these powers, over \7 million has been allocated Local Government (Mr. Roche): A sum of \3.81 from the environment fund to support a more vig- million has been allocated by my Department orous approach to environmental enforcement, under the National Development Plan 2000-2006 with a particular emphasis on combating dumping for the construction of a new visitor centre to and other unauthorised waste activities. This is serve Ballycroy National Park, County Mayo. now being reflected in the presence of additional This is Ireland’s sixth national park which was enforcement personnel on the ground. A major established in 1998 and incorporates some 11,800 study has been commissioned by the Office of hectares of blanket bog. An attractive and exten- Environmental Enforcement to establish and sive site of 42.3 hectares has been purchased by document the extent of unauthorised waste my Department for the visitor centre in the vil- activities in Ireland. Among the objectives of the lage of Ballycroy. project are to review and document current pro- A working group consisting of officials of my cedures and practices used by the relevant auth- Department as well as representatives of local orities to investigate unauthorised waste activi- community and tourism groups, Mayo County ties, as well as the use of powers available to Council and the Office of Public Works has been tackle unauthorised activities. I will carefully con- established and has met frequently, most recently sider the results of this study to identify any on 13 December 2004. A planning application for further actions or indeed legislative changes that the proposed visitor centre was lodged with Mayo may be necessary in consequence of its findings. County Council by the Office of Public Works, on behalf of my Department, last summer. Question No. 156 answered with Question Additional detailed information requested by the No. 82. 865 Questions— 9 February 2005. Written Answers 866

Question No. 157 answered with Question they do not appeal proposals for development to No. 150. An Bord Pleana´la; if he intends to introduce changes in the Planning Acts or regulations to Question No. 158 answered with Question ensure that evidence of such payments may be No. 82. used as legitimate grounds for the refusal of granting permission; and if he will make a state- House Prices. ment on the matter. [3932/05] 159. Mr. P. Breen asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): Allegations are the impact which changes made in budget 2005 to sometimes made of payments being provided to benefit first time buyers is having; his views on or demanded by persons to withdraw objections whether this impact is enough to alleviate hard- to planning applications or appeals. Under ship and barriers to entry into the housing section 138 of the Planning and Development Act market; and if he will make a statement on the 2000, An Bord Pleana´la has the power to dismiss matter. [4064/05] an appeal which is, in the board’s opinion, made 178. Mr. Crowe asked the Minister for the with the intention of securing the payment of Environment, Heritage and Local Government if money, gifts, consideration or other inducements his Department is monitoring the impact on by any person. Section 34 of the Planning and house prices of the changes introduced in budget Development Act 2000 sets out the matters which 2005 in relation to stamp duty; and if he will make the planning authority must have regard to when a statement on the matter. [3809/05] making its decision. I have no plans to amend planning legislation in this area. Minister of State at the Department of the Environment, Heritage and Local Government Local Authority Housing. (Mr. N. Ahern): I propose to take Question Nos. 159 and 178 together. 162. Mr. Costello asked the Minister for the The stamp duty reductions for first-time buyers Environment, Heritage and Local Government announced in budget 2005 are assisting afford- the basis on which it was claimed in a statement ability for first time buyers by easing the financial issued on 13 December 2004 that the 10,000 tar- burden faced by such buyers of second-hand get under the Sustaining Progress and affordable homes with savings of up to \12,000 in some housing initiative had been achieved; the break- cases. This is helping some first time buyers to down on a county basis of the location of these afford a starter home who might not otherwise houses; the number of these houses which have have been able to do so, and is helping to open been occupied; and if he will make a statement the second-hand market more to first time buyers on the matter. [3890/05] who had previously been deterred by the impact Minister of State at the Department of the of stamp duty. Environment, Heritage and Local Government The major driver of house price increases in (Mr. N. Ahern): The 10,000 unit target figure, recent years has been the unprecedented demand proposed by the parties to the pay agreement for housing fuelled mainly by rapid economic under Sustaining Progress, was reached following growth and demographic changes. Relative to the Government decision of 16 November 2004 these factors and the level of housing supply, the which agreed to the release to the affordable influence of stamp duty changes on house prices housing initiative of a series of health board lands is likely to be more limited. However, these by my colleague, the Ta´naiste and Minister for reductions in stamp duty for second hand houses Health and Children. The release of these lands, should have a restraining effect on new house together with the increase in Part V activity to a prices by removing distortion between the two projected 2,500 affordable housing units for the categories, and reducing the degree of concen- period 2004-6 and the more efficient utilisation of tration of first-time buyer demand on the new the lands already provided, means that the total house market. The Government will ensure that potential yield to the initiative is now over 10,000. effective policies and measures continue to be Some time is required between a decision to applied and reviewed as necessary, with the over- build housing units and their being finally occu- all aim of meeting the broad spectrum of housing pied. While large amounts of land have been need in the context of balanced and sustainable made available to this initiative and construction growth of the housing market. has commenced on a number of projects, there are zoning and infrastructural issues which need Question No. 160 answered with Question to be resolved and local area plan considerations No. 99. to be taken into account. My Department is working closely with local authorities to expedite Planning Issues. matters, with activities being paralleled to ensure 161. Mr. Gormley asked the Minister for the the earliest possible delivery of housing units. Environment, Heritage and Local Government In addition, affordable houses built under the his views on recent media reports suggesting that Part V arrangements, are an important contribu- developers have paid off objectors in order that tor to the initiative, and while final figures for 867 Questions— 9 February 2005. Written Answers 868

[Mr. N. Ahern.] Programme 2004 — 2006 as a scheme to com- 2004 are not yet available, it is estimated that Part mence construction in 2005. V completions last year will be in the region of A certificate of completion of planning has 500 housing units, many of which are now occu- been requested from Donegal County Council to pied. Alternative strategies are also being con- enable my Department’s examination of the sidered, including the possible use of land swaps, council’s contract documents for the scheme to which could speed up the process. For example, be finalised. the Harcourt Terrace site was advertised last November on a pilot basis and this project will be Question No. 164 answered with Question closely monitored with a view to the possibility of No. 68. using the land swap option for other sites released to the initiative. Environmental Policy. The information requested in relation to the breakdown on a county basis of the location of 165. Mr. Perry asked the Minister for the these proposed housing units is set out in the fol- Environment, Heritage and Local Government lowing table. the action he intends to take to prevent the extinction of the freshwater pearl mussel, margar- Affordable Housing Initiative. itifera durrovensis; and if he will make a statement on the matter. [3667/05] Breakdown by county of the location of housing units. 170. Mr. Broughan asked the Minister for the County/Local Authority Area Total Environment, Heritage and Local Government if his attention has been drawn to a recent report Clare 22 in a publication (details supplied) that a unique Cork 1,280 species of freshwater pearl mussel, margaritifera Cork City 710 durovensis, found only on a short stretch of the River Nore, is facing extinction; the efforts that Cork County 570 have been made to save this mussel; and if he will Dublin 3,920 make a statement on the matter. [3587/05] Dublin City 1,540 Du´ n Laoghaire Rathdown 270 Minister for the Environment, Heritage and Fingal 730 Local Government (Mr. Roche): I propose to South Dublin 1,380 take Questions Nos. 165 and 170 together. Galway 939 Freshwater pearl mussels of the genus margaritifera are protected under the Wildlife Acts 1976 Galway City 54 and 2000. Designation of special areas of conser- Galway County 885 vation, SACs, for margaritifera is also required Kerry 195 by the EU habitats directive. Ireland has pro- Kildare 700 posed 21 sites as candidate SACs for two sub- Limerick City 50 species of margaritifera, one being margaritifera Meath 450 durrovensis, which is confined to one stretch of Sligo 130 the River Nore. Waterford 100 My Department is developing strategies to Wexford 60 stabilise the population of this critically endangered sub-species. These consist of the Wicklow 50 development of a species action plan, a translo- Part V Affordable (countrywide) 2,500 cation programme, development of rehabilitation Total 10,396 measures and the establishment of a captive breeding programme. With regard to the captive Note: The potential yield from sites depends on site character- istics, housing mix, other facilities and sustainable develop- breeding programme, my Department, together ment, that is, in terms of local development and in terms of with the Central Fisheries Board, is currently sel- meeting peoples’ needs. The final number of units will there- ecting a suitable fish hatchery to begin the breed- fore be determined through the planning process. ing program for margaritifera durrovensis as a matter of urgency — the early stages in the life cycle of margaritifera being dependent on the Water and Sewerage Schemes. presence of trout. 163. Mr. McGinley asked the Minister for the Advice is being obtained from a similar facility Environment, Heritage and Local Government in Northern Ireland which has been successfully the position regarding the proposed sewerage breeding margaritifera margaritifera for some scheme for Gweedore, County Donegal; and years, in order to speed up the process of estab- when it is expected that work will commence on lishing a successful breeding program for magarit- the project. [3700/05] ifera durrovensis. In addition, my Department will seek to ensure that the water quality require- Minister for the Environment, Heritage and ments of this species are addressed by the river Local Government (Mr. Roche): The Gweedore basin management plan. During 2005, my sewerage scheme has been approved for funding Department will also further develop the scien- in my Department’s Water Services Investment 869 Questions— 9 February 2005. Written Answers 870 tific basis for draft margaritifera water quality the relevant 34 local authority areas, where vary- standards, on which work was initiated last year. ing materials are accepted, particularly glass, aluminium cans, paper and textiles. There were also Waste Management. 57 civic amenity sites in 30 local authority areas. 166. Ms McManus asked the Minister for the Significant capital grant assistance has been Environment, Heritage and Local Government if made available to local authorities towards the he intends to provide for a national waiver system provision of recycling and recovery infrastructure for those on low incomes who are unable to pay and both further capital funding and financial service charges without undue hardship, support towards the current operating costs are especially in view of the greatly increased level of being provided on an ongoing basis. charges faced by householders in many areas as a result of the introduction of the pay by weight Question No. 167 answered with Question system, the great variation in waiver systems No. 73. operated by local authorities and the fact that no 168. Mr. Neville asked the Minister for the waiver system is available in some areas; and if he Environment, Heritage and Local Government will make a statement on the matter. [3898/05] the extra resources which are being provided for 172. Ms McManus asked the Minister for the national spring clean week 2005; and if he will Environment, Heritage and Local Government make a statement on the matter. [4049/05] his estimate of the average amount likely to be paid by a householder in refuse charges as a Minister of State at the Department of the result of the change over to the pay by weight Environment, Heritage and Local Government lift system of charges; his views on whether these (Mr. B. O’Keeffe): My Department is in the pro- charges are reasonable and if there are sufficient cess of determining the grant allocations for a opportunities for householders to recycle; and if number of national anti-litter initiatives from the he will make a statement on the matter. environment fund for the current year, including [3899/05] the An Taisce led national spring clean campaign of 2005, due to take place during the month of Minister for the Environment, Heritage and April. An Taisce, which organises the campaign, Local Government (Mr. Roche): I propose to will submit details of the estimated costs of the take Questions Nos. 166 and 172 together. 2005 campaign to my Department shortly. The determination of waste management charges is statutorily a matter for the relevant Decentralisation Programme. local authority in cases where it acts as the service 169. Ms O’Sullivan asked the Minister for the provider. Where, as commonly occurs, a private Environment, Heritage and Local Government operator acts as service provider then that oper- the position in regard to the number of his ator will determine the charges. Similarly, in Department’s Dublin based staff who have regard to waiver schemes for waste charges, it is applied through the central applications facility the responsibility of the local authority concerned for decentralisation to the proposed new to decide on the nature and extent of any such locations for his Department at Kilkenny, New scheme. Ross and Wexford; the grades of the staff who I recognise that the issue of waste charges and have applied; and if he will make a statement on low income persons or households has been the matter. [3904/05] raised in a social partnership context. Arising from this, discussions are continuing between my Minister for the Environment, Heritage and Department and the Department of Social and Local Government (Mr. Roche): A total of 495 Family Affairs with the objective of identifying applications had been received at the central relevant issues and how these might be addressed. applications facility, CAF, priority cut off date on In the context of the move to a pay by use 7 September 2004, in respect of the 661 posts to system of charging, my Department is now com- be decentralised from my Department’s Dublin piling details of service provision and charges in offices and which are fillable through the CAF. each local authority area. However, these data A total of 31 staff from my Department’s cannot identify prospective costs for 2005 as by Dublin offices, as detailed in the following table, their nature pay by use charges are dependent on have applied for decentralisation to the Depart- the level of service usage. ment’s proposed four locations in the south east, All local authorities have made recycling facili- Wexford, Kilkenny, New Ross and Waterford. ties available. While my Department does not Some 139 staff of my Department have also compile comprehensive statistics on the recycling applied for decentralisation to other Departments facilities provided in each local authority area, or agencies. regular returns are submitted by local authorities My Department has drawn up and submitted seeking to avail of subvention of operating costs to the decentralisation implementation group an of recycling facilities. The most recent returns implementation plan which sets out the broad submitted, in respect of the first six months of issues to be addressed in implementing the decen- 2004, revealed a total of 1,780 bring bank sites in tralisation programme for this Department. A 871 Questions— 9 February 2005. Written Answers 872

[Mr. Roche.] mandate, is responsible under the Roads Act revised implementation plan will be submitted to 1993 for the approval of motorway schemes fol- the group by 31 March 2005. lowing an assessment of the environmental The Department will be co-operating with the impact of the proposal. In the case of the M3 Department of Finance, the implementation motorway, the process involved a detailed group and the Office of Public Works to ensure environmental impact assessment in which the Government’s decentralisation programme is archaeological considerations and other factors implemented efficiently and effectively. Follow- were extensively addressed and a lengthy public ing the recent Government decision on the first oral hearing was conducted by the board. Follow- phase of moves under the programme, the ing this process the motorway scheme, including transfer of my Department’s headquarters to the route of the proposed M3, was approved by Wexford is included in the list of those organis- An Bord Pleana´la in August 2003. ations considered potential “early movers”. Under the National Monuments (Amendment) Act 2004, once a motorway scheme has been Number approved by An Bord Pleana´la any associated archaeological works, for example, excavations Principal Officer 3 which are to be undertaken in connection with Assistant Principal Officer 3 the approved road, must be carried out in accord- Higher Executive Officer 4 ance with directions issued by the Minister for the Administrative Officer 3 Environment, Heritage and Local Government, Executive Officer 5 following consultation with the director of the Staff Officer 1 National Museum of Ireland. This procedure is Clerical Officer 5 designed to ensure that appropriate standards Accountant 1 apply to the carrying out of archaeological works Inspector 3 in connection with an approved road Senior Meteorological Officer 1 development. Archaeologist 1 In the case of the M3 motorway, an application Assistant Fire Adviser 1 for the carrying out of a programme of archaeological works and mitigation measures on a por- Total 31 tion of the route has been made by the road authority to my Department and is being considered. I have seen much media coverage and received Question No. 170 answered with Question various representations in regard to this scheme. No. 165. These offer a variety of views from a range of parties, both on archaeological issues and the Question No. 171 answered with Question need for the scheme to proceed. As I have indi- No. 130. cated, however, the statutory role of the Minister relates solely to the regulation of the archaeolog- Question No. 172 answered with Question ical works associated with the proposed No. 166. development. In determining the matter, I will receive advice Question No. 173 answered with Question from the archaeological staff of my Department. No. 104. I will also, in accordance with the Act, consult the Question No. 174 answered with Question director of the National Museum of Ireland No. 95. before directions are issued. I intend that a decision on the matter will be made as soon as Road Network. possible.

175. Mr. Gilmore asked the Minister for the Question No. 176 answered with Question Environment, Heritage and Local Government No. 107. when he intends to make a decision on the application submitted to him from the roads authority Question No. 177 answered with Question for the carrying out of a programme of archaeol- No. 108. ogical works and mitigation measures in regard to the proposed route of the M3 through the Tara- Question No. 178 answered with Question Skyrne valley; if his attention has been drawn to No. 159. the serious concerns expressed by archaeological experts at the implications of the proposed route; Orthodontic Services. and if he will make a statement on the matter. [3879/05] 179. Mr. Costello asked the Tańaiste and Mini- ster for Health and Children the reason persons Minister for the Environment, Heritage and (details supplied) in Dublin 10 are still waiting Local Government (Mr. Roche): An Bord for orthodontic treatment; when they will receive Pleana´la, which has an independent statutory 873 Questions— 9 February 2005. Written Answers 874 treatment; and if she will make a statement on 2005, if a person (details supplied) in County the matter. [4100/05] Wexford will receive scan results before an outpatient’s appointment on 15 April 2005; if the Tanaiste and Minister for Health and Children ´ results will be available on 15 April 2005; if her (Ms Harney): The Health Act 2004 provided for attention has been drawn to the fact that this per- the Health Service Executive, which was estab- son was scanned on 1 July 2004 and has not yet lished on 1 January 2005. Under the Act, the received the results; her views on whether seven executive has the responsibility to manage and months is a long period to wait for results; if this deliver, or arrange to be delivered on its behalf, case will be dealt with as a matter of urgency; and health and personal social services. This includes if she will make a statement on the matter. responsibility for orthodontic services. Accord- [4103/05] ingly, my Department has requested the chief officer for the executive’s eastern area to investi- Tańaiste and Minister for Health and Children gate the matter raised and to reply directly to (Ms Harney): The Health Act 2004 provided for the Deputy. the Health Service Executive, which was established on 1 January 2005. Under the Act, the Accident and Emergency Services. executive has the responsibility to manage and 180. Mr. Costello asked the Tańaiste and Mini- deliver, or arrange to be delivered on its behalf, ster for Health and Children the number of per- health and personal social services. As the person sons who have spent time sitting on chairs or referred to by the Deputy resides in County lying on trolleys awaiting treatment in the acci- Wexford, my Department has requested the chief dent and emergency department of the Mater officer for the executive’s south eastern area to Hospital for each month since she became the investigate the matter raised and reply directly to Minister for Health and Children and for each the Deputy. month for the five years previous to her becoming so; and if she will make a statement on the Medical Cards. matter. [4101/05] 183. Mr. Durkan asked the Tańaiste and Mini- Tańaiste and Minister for Health and Children ster for Health and Children when a medical card (Ms Harney): The Health Act 2004 provided for will issue in the case of a person (details supplied) the Health Service Executive, which was estab- in County Kildare who applied for same several lished on 1 January 2005. Under the Act, the months ago; and if she will make a statement on executive has the responsibility to manage and the matter. [4104/05] deliver, or arrange to be delivered on its behalf, Tańaiste and Minister for Health and Children health and personal social services. Services at the (Ms Harney): The Health Act 2004 provided for Mater Hospital are provided under an arrange- the Health Service Executive, which was estab- ment with the executive. My Department has lished on 1 January 2005. Under the Act, the requested the chief officer for the executive’s executive has the responsibility to manage and eastern regional area to examine the issues raised deliver, or arrange to be delivered on its behalf, and to reply to the Deputy directly. health and personal social services. This includes responsibility for the assessment of applications Hospital Services. for medical cards. Accordingly, my Department 181. Mr. McGuinness asked the Tańaiste and has requested the chief officer for the executive’s Minister for Health and Children the reason south western area to investigate the matter there is a delay in arranging an angiogram for a raised and to reply directly to the Deputy. person (details supplied) in County Kilkenny; and if the request will be expedited. [4102/05] Health Services. Tańaiste and Minister for Health and Children 184. Mr. F. McGrath asked the Tańaiste and (Ms Harney): The Health Act 2004 provided for Minister for Health and Children if assistance will the Health Service Executive, which was estab- be given to a person (details supplied) in Dublin lished on 1 January 2005. Under the Act, the 9; and if she will make a statement on the executive is required to manage and deliver, or matter. [4105/05] arrange to be delivered on its behalf, health and Minister of State at the Department of Health personal social services. As the person referred and Children (Mr. T. O’Malley): The Health Act to by the Deputy resides in County Kilkenny, my 2004 provided for the Health Service Executive, Department has requested the chief officer for which was established on 1 January 2005. Under the executive’s south eastern area to investigate the Act, the executive has the responsibility to the matter raised and reply directly to the manage and deliver, or arrange to be delivered Deputy. on its behalf, health and personal social services. 182. Mr. Kehoe asked the Tańaiste and Mini- This includes responsibility for the provision of ster for Health and Children , further to speech and language therapy and occupational Parliamentary Question No. 193 of 26 January therapy. Accordingly, my Department has 875 Questions— 9 February 2005. Written Answers 876

[Mr. T. O’Malley.] This represents an increase of1%inthenational requested the chief officer of the executive’s uptake rate when compared with the same quar- northern area to investigate the matter raised and ter in 2003. In addition, uptake rates reported by reply to the Deputy. individual health boards ranged from 76% to 92%. Table 1 refers. 185. Mr. Timmins asked the Tańaiste and Minister for Health and Children the position in Table 1 MMR1 Uptake rates by Health Service Executive, relation to the case of a person (details supplied) HSE, areas in quarter three 2004*. in County Wicklow; if this person will be seen as a matter of urgency; and if she will make a state- Uptake at 24 months — ment on the matter. [4106/05] Q 3 2004 186. Mr. Timmins asked the Tańaiste and % Minister for Health and Children the position in HSE — Eastern Area 76 relation to a person (details supplied) in County HSE — Midland Area 92 Wicklow; if this will person will be seen as a HSE — Mid-Western Area 84 matter of urgency; and if she will make a state- HSE — North Eastern Area 82 ment on the matter. [4107/05] HSE — North Western Area 87 HSE — South Eastern Area 86 Minister of State at the Department of Health and Children (Mr. S. Power): I propose to take HSE — Southern Area 85 Questions Nos. 185 and 186 together. HSE — Western Area 79 The Health Act 2004 provided for the Health Ireland 81 Service Executive, which was established on 1 *The most recent period for which uptake figures are avail- January 2005. Under the Act, the executive has able from the NDSC, now the Health Protection Surveillance the responsibility to manage, deliver, or arrange Centre, HPSC, of the HSE. to be delivered on its behalf, health and personal The national uptake rate of MMR1 has increased social services. This includes responsibility for the from 69% in quarter four 2001 to 81% in quarter provision of health services in County Wicklow. three 2004. This trend has been reflected in each Accordingly, my Department has requested the of the HSE areas with all areas having reported chief officer for the executive’s eastern regional an increase in the uptake rate for MMR1 over area to investigate the matters raised and to reply this time period. Although MMR1 uptake rates direct to the Deputy. have been improving over the past year and a half, they are still 14% lower than the national Vaccination Programme. target rate of 95%. 187. Ms McManus asked the Tańaiste and I am concerned about the unsatisfactory MMR Minister for Health and Children the level of the immunisation uptake rates because of the risk of take up of the MMR vaccine in each health board unimmunised children contracting the potentially area for the latest period for which figures area serious diseases concerned. The outbreak of available; the steps being taken to promote fuller measles in 2000, which resulted in approximately take up, especially in view of reports of a signifi- 2,000 cases and three deaths, is evidence of the cant increase in the number of cases of measles consequences of insufficient immunisation in some areas of the country; and if she will make uptake. However, I am encouraged by the fact a statement on the matter. [4284/05] that the immunisation uptake rates are steadily improving. Meanwhile, data provided by the Tańaiste and Minister for Health and Children HPSC indicate that from week one to 52, inclus- (Ms Harney): The MMR vaccine protects against ive, of 2004, 327 cases of measles were notified measles, mumps and rubella and, in accordance which compares with 567 cases notified for the with the recommendations of the immunisation comparative period in 2003. This represents a sig- advisory committee of the Royal College of Phys- nificant reduction in the number of measles icians of Ireland, can be administered to children cases reported. between 12 and 15 months of age. A vaccine A national immunisation steering committee uptake rate of 95% is required in order to protect was established to address a wide range of issues children from the diseases concerned and to stop relating to the childhood and other immunisation the spread of the diseases in the community. programmes including the identification of issues Measles, in particular, is a highly infectious and that are hampering the achievement of uptake serious disease. Approximately one in 15 children targets. The report of the steering committee was who contract measles suffers serious com- launched in April 2002 and a national implemen- plications. tation group was subsequently established to In Ireland, uptake of the first dose of the draw up a phased national implementation plan measles, mumps and rubella vaccine, MMR1, is based on the report’s recommendations. calculated on a quarterly basis among children of Following consideration of proposals in 24 months of age. In quarter three 2004, the relation to childhood immunisation which were submitted by the national implementation group national uptake rate for this vaccine was 81%. through the Health Boards Executive, HeBE, 877 Questions— 9 February 2005. Written Answers 878

\2.116 million was allocated by my Department Health Organisation strategic plan for 2010. This in 2003 and \2.778 million in 2004 to fund initiat- committee had its first meeting on 30 September ives to improve childhood immunisation uptake. 2004 and is due to report to me by the end of Funding in the region of \800,000 was allocated June 2005. to health boards via HeBE in 2004 specifically for I would like to take this opportunity to again regional and localised projects focused on urge all parents to have their children immunised measures to improve immunisation uptake. A against the diseases covered by the childhood further \3.378 million has been allocated to the immunisation programme in order to ensure that HSE this year. both their children and the population generally There is concern among some parents in have maximum protection against the diseases relation to the measles, mumps and rubella, concerned. MMR, vaccine. Negative coverage on this issue has added to the confusion of parents in deciding Contaminated Blood Products. whether or not to vaccinate their children. In April 2002, the MMR vaccine discussion pack — 188. Ms McManus asked the Tańaiste and an information guide for health professionals and Minister for Health and Children the position parents — was launched. The pack was produced regarding the Government’s undertaking, follow- by the NDSC and the department of public ing the publication of the Lindsay report, to con- health, Southern Health Board, and was pub- sider the possibility on initiating legal action lished by HeBE on behalf of the health boards. against US drugs firms who supplied contami- The pack sets out the facts in relation to the most nated blood products to Irish haemophiliacs; if he common concerns about MMR in a way that will has sought the promised legal opinion from US help health professionals and parents to explore lawyers; and if she will make a statement on the these concerns together, review the evidence in matter. [4285/05] relation to MMR and provide the basis for mak- Tańaiste and Minister for Health and Children ing an informed decision. The information is (Ms Harney): In July 2003 the Government was presented in such a way as to allow full discussion approached unilaterally by a firm of New York between health professionals and parents on each lawyers with the proposal that the Government issue. The pack also contains an information leaf- could sue certain pharmaceutical companies in let for parents. The pack is set out in question the United States arising from the manufacture and answer format and addresses such issues as of blood products which caused hepatitis C and the alleged link between MMR and autism and Crohn’s disease, the safety and side effects of the HIV infection to persons with haemophilia. vaccine, the purpose of a second dose of vaccine, Initial advices received from counsel appointed combined vaccine versus single doses and contra- by the Attorney General raised serious concerns indications to the vaccine. The pack enables in relation to the proposal. Following careful con- health professionals to respond to the very real sideration of these advices, the Attorney General concerns of parents. recommended that an independent opinion be In 2003, CEOs in all health boards and the obtained in the United States in respect of the ERHA were asked to ensure that specific immu- proposed litigation. Arrangements to procure nisation measures were prioritised in all areas in such advice are ongoing. order to prevent a serious measles outbreak. Health boards have undertaken a range of Hospital Waiting Lists. measures in their regions in order to improve vac- 189. Ms McManus asked the Tańaiste and cine uptake in their region. These include: infor- Minister for Health and Children the number of mation sessions for professionals, for example, persons on hospital waiting lists at the latest date doctors and nurses in the area; information ses- for which figures are available; the reason she has sions for parents; distribution of information to decided to end the practice of publishing hospital the public, for example, leaflets on MMR avail- waiting lists every six months (details able in public areas; advertisements taken out in supplied). [4286/05] local papers; advertisements on local radio stations; advice regarding immunisation, includ- Tańaiste and Minister for Health and Children ing MMR, forms part of every public health nurse (Ms Harney): Responsibility for the collation and consultation with parents; information leaflets publishing of waiting list and waiting time data displayed prominently in all health centres; infor- rests with the national treatment purchase fund, mation given to schools regarding the booster NTPF. The NTPF has found that waiting list data MMR; follow up of parents by letter and tele- shows widespread variation in the recording and phone where children have not been vaccinated; reporting of patient data across the hospital follow up with GPs and nurses regarding children system. A new on-line national patient treatment in their area who have not been vaccinated; and register will now be developed by the fund. The information sessions for staff. new patient treatment register will allow for more Furthermore, my Department has convened a accurate identification of waiting lists, and more measles eradication committee to develop a importantly waiting times. It is intended that the national five year action plan for the elimination register will be implemented on a phased basis of measles and rubella in line with the World commencing this year. 879 Questions— 9 February 2005. Written Answers 880

Vehicle Registration. or Kilkenny County Council; and if he will make a statement on the matter. [4130/05] 190. Mr. Naughten asked the Minister for Fin- ance the number of vehicles first registered in Minister of State at the Department of Finance County Leitrim in 2004; the number of such (Mr. Parlon): Under the 2001 planning and vehicles registered by persons resident in County development regulations, planning permission is Roscommon; and if he will make a statement on not required for the erection of fencing of 1.2m the matter. [4117/05] in height or less. The timber post and rail fence Minister for Finance (Mr. Cowen): In 2004, erected along a section of the river bank at Maud- 1,388 vehicles were assigned identification marks lin Street, Kilkenny, falls within this category. A containing the index mark LM, the vehicles hav- detailed consultation process took place between ing been declared as, for registration, not to have the Office of Public Works, the local authority been previously registered, and to be owned by and the various local water safety and water a resident of Leitrim, in accordance with vehicle based sporting groups on the subject of safety registration tax legislation. The vehicle regis- measures and public amenity access to the river. tration number is assigned by Revenue on the The area at Maudlin Street is not considered basis of the information provided by the declar- suitable for public amenity access and the pro- ant, including address, for the purpose of regis- vision of fencing, as agreed in the consultation tration. The penalty for making a false declar- process, considerably reduces the risk of serious ation is \1,265. Therefore, assuming false incident. OPW appreciates that the installation of declarations have not been made, the 1,388 fencing has changed the view from Maudlin vehicles registered in Leitrim are in respect of Street, but would point out that both they and the persons resident, at time of registration, in local authority consider that a risk to public safety Leitrim. must outweigh aesthetic concerns. The area in question is under the jurisdiction of Kilkenny Public Service Retirement Scheme. Borough Council. The Deputy may wish to approach the local authority directly with queries 191. Cecilia Keaveney asked the Minister for regarding its role in this matter. Finance if the regulations pertaining to the early retirement scheme for persons in the public ser- Sculpture Siting. vice have been completed; and if he will make a statement on the matter. [4129/05] 193. Mr. McGuinness asked the Minister for Finance further to Parliamentary Question No. Minister for Finance (Mr. Cowen): My Depart- 217 of 2 February 2005, his views on the sculpture ment is currently preparing guidelines for the (details supplied) which was the subject of the operation of a scheme of cost neutral early retire- parliamentary question which is located on the ment in the public service, as decided on by river bank close to the Lacken Weir, Kilkenny, Government in September 2004. The process of and not the sculpture in the grounds of the drafting these guidelines, which has involved con- council offices; if he will consult the artist and sultation with the public service unions, is well relocate the sculpture; if the two pieces of sculp- advanced. On this basis, I expect that the guide- ture will be retrieved from the river; and if he will lines will issue shortly, thereby allowing the make a statement on the matter. [4131/05] scheme to become operative. In line with the Government decision, the guidelines will provide Minister of State at the Department of Finance for the early retirement facility to be made avail- (Mr. Parlon): The sculpture was originally able to serving staff and to persons who resigned located on the river bank close to Lacken Weir with an entitlement to preserved superannuation and was disturbed as a result of the drainage benefit on or after 1 April 2004. scheme works. Provision for reinstatement of the sculpture was included in the plans for the area Planning Issues. and discussions with the local authority are currently ongoing. As the sculpture is located on 192. Mr. McGuinness asked the Minister for local authority property, OPW’s discussions are Finance further to Parliamentary Question No. with Kilkenny Borough Council. 218 of 2 February 2005, his views on whether planning permission is needed for the fencing Lacken Weir Fish Pass. erected along a section of the river bank at Lacken Weir, Maudlin Street, Kilkenny; if consul- 194. Mr. McGuinness asked the Minister for tation with the local community at this section of Finance when the extension to the fish pass at the river will be arranged as part of the process Lacken Weir, Kilkenny was fabricated; the cost in order that safety can be maintained while at of same and the labour costs for installation; the the same time allowing those who use the river reason it proved unsuitable; the action to be to gain access at this point and those who use the taken now; if the long-term solution has been space as an amenity to enjoy without having to identified; if the original drawing of the fish pass look through a four ft. fence and wire; the person and the proposed extension will be made avail- who in the local authority authorised the erection able to this Deputy; and if he will make a state- of the fence; if it was Kilkenny Borough Council ment on the matter. [4132/05] 881 Questions— 9 February 2005. Written Answers 882

Minister of State at the Department of Finance Therefore, it is not possible to apply a zero VAT (Mr. Parlon): The extension to the fish pass at rate as referred to by the Deputy. Lacken Weir, Kilkenny, was fabricated in early However, under the Value Added Tax (Refund January. Costs for same and the labour costs for of Tax) (No. 15) Order 1981, it is possible to installation have not yet been received by OPW. obtain a VAT refund in respect of the purchase The Department of Communications, Marine and of a pendant alarm system, as it is considered a Natural Resources and the Southern Regional medical device for the purpose of this refund Fisheries Board are satisfied that the extension order. Monitoring and maintenance fees are not is suitable. recoverable. Applicants should contact the Rev- The next action to be taken is the establish- enue Commissioners, VAT Repayments ment of a long-term solution to the problems (Unregistered Section), Kilrush Road, Ennis, associated with the functioning of the fish pass. County Clare. To this end, a review of the functioning of the Furthermore, I understand a scheme of com- pass is currently being carried out by the OPW, munity support for older people is operated by the Department of Communications, Marine and the Department of Community, Rural and Gael- Natural Resources and the Southern Regional tacht Affairs. The purpose of the scheme is to Fisheries Board. On completion of the review, encourage and assist the community’s support for OPW will be in a position to confirm the exact older people by means of a community-based nature of any work required to affect a long-term grant scheme to improve the security of its older solution. Any permanent alterations or modifi- members. Funding under the scheme can be pro- cations that are deemed necessary will be carried vided for small-scale security equipment designed out under safe conditions during the coming sum- to strengthen points of entry to the dwelling, for mer months. Copies of the relevant drawings are security lighting, for smoke alarms and for the available to all interested parties on request. Cop- once-off cost of installing socially monitored per- ies will be forwarded to the Deputy in the com- sonal alarm systems. Annual monitoring fees or ing week. maintenance fees associated with socially monitored alarm systems are not provided for under Tax Code. the scheme. The VAT refund for the purchase of a personal 195. Mr. Wall asked the Minister for Finance if security alarm by or on behalf of a disabled or a person (details supplied) in County Kildare will elderly person combined with the scheme of com- be provided with a P21 balancing statement; and munity support for older people outlined above if he will make a statement on the matter. are important measures that go towards ensuring [4133/05] that those who are most in need of security Minister for Finance (Mr. Cowen): Iam systems can avail of them. advised by the Revenue Commissioners that a PAYE balancing statement for the year 2003 will Departmental Properties. issue to the taxpayer on 9 February 2005. 198. Mr. Gregory asked the Minister for Fin- 196. Mr. Wall asked the Minister for Finance if ance , further to Parliamentary Question No. 318 of 19 October 2004, if he will list the items stolen a person (details supplied) in County Kildare will or removed; and if he will make a statement on be provided with a P21 balancing statement; and the matter. [4136/05] if he will make a statement on the matter. [4134/05] Minister for Finance (Mr. Cowen): Further to our correspondence to the Deputy regarding this Minister for Finance (Mr. Cowen): Iam matter, dated 17 April 2002 and 4 July 2003, the advised by the Revenue Commissioners that a only further item that has come to light is the PAYE balancing statement for the year 2003 will theft of a twin-axle trailer for carrying building issue to the taxpayer’s spouse on 9 February 2005 supplies stolen from an Office of Public Works as the taxpayer and her spouse are taxed under maintenance depot that was reported to the joint assessment. Garda Sı´ocha´na. The item has not yet been recovered. 197. Mr. Ring asked the Minister for Finance if VAT will be waived for community groups pro- Tax Collection. viding security pendants and telephone alarm systems. [4135/05] 199. Ms Burton asked the Minister for Finance the capital value of assets held in trusts liable to Minister for Finance (Mr. Cowen): The pur- the 6% entry and 1% annual tax on such trusts; chase of security pendants and telephone alarm and the declared value of such assets, and classes systems, and their monitoring, are subject to the thereof, on an annual basis from 1997 to date. standard rate of VAT of 21%. The VAT rating [4181/05] of goods and services is subject to the require- Minister for Finance (Mr. Cowen): Iam ments of EU VAT law with which Irish VAT law informed by the Revenue Commissioners that the must comply. While we can maintain the zero rat- information requested by the Deputy in regard to ing on those goods and services which were zero- trusts is not readily available and either could not rated before 1 January 1991, the purchase, instal- be obtained, or could not be obtained without lation or monitoring services for the aforemen- conducting a protracted investigation of the Rev- tioned alarms do not fall within this category. enue Commissioners records. 883 Questions— 9 February 2005. Written Answers 884

[Mr. Cowen.] namely the capital value of the assets, the taxable However, some information is available solely value of the assets and an analysis of the capital in regard to the larger trusts now dealt with in value as between investments and other assets, the Revenue Commissioners large cases division, and details are set out in the following table.

Breakdown of Capital Value.

Year Capital Value Taxable Value Investments Other

\\\\

1997 819,261,663 884,499,815 812,036,387 7,225,276 1998 853,232,309 938,639,304 849,716,619 3,515,690 1999 1,056,040,027 1,134,404,085 1,052,242,574 3,797,453 2000 1,087,263,497 1,223,257,731 1,084,853,062 2,410,435 2001 1,059,625,130 1,150,793,480 1,058,208,089 1,417,041 2002 63,621,185 131,397,755 38,458,973 25,162,213 2003 52,853,538 105,932,151 40,347,108 12,506,430 2004 56,903,609 112,733,929 43,846,941 13,056,668

It should be noted that while the figures in the and if he will make a statement on the matter. table for taxable value are complete, the figures [4182/05] for capital value and the analysis of the breakdown of these capital value figures between Minister for Finance (Mr. Cowen): It is investments and other assets do not include the assumed that what the Deputy requires is the pro- amounts for one particular trust as the relevant portion of PAYE and self-employed income ear- figures are not readily available within the time ners in the ranges of income specified as deter- allowed. mined by reference to the income tax record. I am advised by the Revenue Commissioners 200. Mr. Rabbitte asked the Minister for Fin- that the information requested, estimated by ref- ance the proportion of PAYE taxpayers and tax- erence to the income tax years 2004 and 2005, is payers other than PAYE taxpayers who are earn- set out in the following tables. They indicate the ing amounts (details supplied), estimated by proportions of all PAYE and self-employed reference to the income tax year 2004, and if income earners on tax records, including tax- possible by reference to the income tax year 2005; exempt individuals, by ranges of income.

Income Tax Year 2004.

PAYE Self-Employed

Gross Income \ Numbers % of all PAYE income Numbers % of all self-employed earners income earners

Not exceeding \14,244 459,950 28 49,824 23 \14,245 — \19,890 204,530 12 24,387 11 \19,891 — \29,251 315,596 19 35,620 17 \29,252 — \40,419 255,621 15 29,923 14 \40,420 — \49,999 146,213 9 17,720 8 \50,000 — \74,999 182,850 11 25,473 12

Income Tax Year 2005.

PAYE Self-Employed

Gross Income \ Numbers % of all PAYE income Numbers % of all self-employed earners income earners

Not exceeding \14,244 436,873 26 46,339 21 \14,245 — \19,890 196,365 12 22,759 10 \19,891 — \29,251 313,519 19 35,158 16 \29,252 — \40,419 265,306 16 31,065 14 \40,420 — \49,999 154,963 9 18,509 8 \50,000 — \74,999 203,334 12 28,047 13 885 Questions— 9 February 2005. Written Answers 886

The Deputy should note that these numbers are ment is or will be made in respect of the provisional and are subject to revision. A married expenditure. couple who has elected or has been deemed to The first \125 of any medical expenses incurred have elected for joint assessment is counted as in any tax year is borne by the taxpayer. In the one tax unit. Some figures in the columns in the case of an individual claiming relief in respect of table for income tax year 2004 differ from those two or more persons, the taxpayer must bear the given previously. This is due to revised infor- first \250. Claims for health expenses are made mation becoming available in the meantime. on form MED1. While it is not necessary to submit receipts with the form MED 1, the receipts Tax Code. relating to the costs must be retained by the individual as he or she may be asked to produce them 201. Mr. Penrose asked the Minister for Fin- if the claim is chosen for detailed examination. ance if consideration will be given to granting an An individual may claim tax relief on certain exemption in VRT payment, in regard to kit cars medical expenses incurred by him or her on his which are constructed by the owners thereof; or her own behalf, on behalf of a dependant, or when the full amount of VRT would become pay- on behalf of a relative. A dependant is any rela- able; and if he will make a statement on the tive of the taxpayer or any other person who at matter. [4183/05] any time during the year of claim is aged 65 years Minister for Finance (Mr. Cowen): Vehicle or over or who is permanently incapacitated by registration tax, VRT, is a tax on the registration reason of mental or physical infirmity. A relative of vehicles, regardless of their source, and is is defined as a husband, wife, ancestor, lineal charged at the time when the vehicle is registered descendant, brother or sister; mother or father of in the State. It is not a tax on the manufacture, the taxpayer’s spouse; brother or sister of the tax- supply or importation of motor vehicles. payer’s spouse; spouse of the taxpayer’s son or Section 130A of the Finance Act 1992 provides daughter; or the taxpayer’s child or any other that VRT is payable on the registration of a kit child, who for the year of the claim, is in his or car, where in the construction of the vehicle, a her custody and maintained at his or her expense new chassis is used or where the chassis is derived and under 18 years of age, or, if over 18 years of from a vehicle which is not registered in the State. age, is receiving full-time education. However, VRT is not payable on the registration Only health expenses incurred in the provision of a kit car, where in the construction of the of “health care” qualify for tax relief. Section 469 vehicle, the chassis is derived from a vehicle of the Taxes Consolidation Act 1997 defines which was already registered in the State. “health care” as meaning the prevention, diag- The amount of VRT to be paid on a kit car is nosis, alleviation or treatment of an ailment, determined by the Revenue Commissioners and injury, infirmity, defect or disability, and includes is comparable to the amount payable in respect care received by a woman in respect of a preg- of a conventional car of the same size and specifi- nancy as well as routine maternity care. Expendi- cation. A specialist consultant is engaged by the ture that qualifies for relief includes costs of Revenue Commissioners to assist in this determi- doctors and consultants fees; diagnostic pro- nation. It is ascertained by reference to the type cedures carried out on the advice of a prac- of kit used in the manufacture of the vehicle and titioner; drugs or medicines prescribed by a the donor vehicle used where appropriate. doctor or consultant; maintenance or treatment The current legislation ensures equality of in a hospital or nursing home which is approved treatment in regard to VRT as between kit cars by the Minister for Health and Children or and conventional cars. In this respect, I do not approved for the purposes of health expenses intend to make any changes. relief by the Minister for Finance after consultation with the Minister for Health and Children; 202. Ms Burton asked the Minister for Finance supply, maintenance or repair of any medical, the medical services and expenditure by a tax- surgical, dental or nursing appliance used on the payer which qualifies for tax relief; and if plastic advice of a practitioner; physiotherapy or similar surgery or other medical works on procedures treatment prescribed by a practitioner; orthoptic undergone to provide cosmetic improvements or similar treatment prescribed by a practitioner; qualify when such work is undertaken for bodily costs of speech and language therapy carried out enhancement as opposed to medical necessity. by a speech and language therapist for a qualify- [4189/05] ing child, allowable from 6 April 2001 where a speech and language therapist means an individ- Minister for Finance (Mr. Cowen): Tax relief ual approved by the Minister for Health and Chil- for health expenses is provided for under section dren; transport by ambulance; costs of edu- 469 of the Taxes Consolidation Act 1997. The cational psychological assessments carried out by relief is granted at the highest rate of tax at which an educational psychologist for a qualifying child, the taxpayer is chargeable for the year of the allowable from 6 April 2001 where an educational claim. Relief cannot be claimed for any expendi- psychologist means an individual who is regis- ture that has been or will be reimbursed by a tered with the Minister for Education and medical insurer or where a compensation pay- Science; certain items of expenditure in respect 887 Questions— 9 February 2005. Written Answers 888

[Mr. Cowen.] claim, tax relief is available only against tax that of a child suffering from a serious life threatening is actually paid in the State and only to the extent illness; kidney patients’ expenses, up to a that tax has been paid. maximum amount depending on whether the patient uses hospital dialysis, home dialysis or Special Savings Investment Scheme. CAPD; specialised dental treatment; routine 204. Mr. Ferris asked the Minister for Finance maternity care, allowable from 6 April 2001; and if he will make a statement on the case of a per- in vitro fertilization. son (details supplied). [4194/05] Where qualifying health care is only available outside Ireland, the cost of reasonable travelling Minister for Finance (Mr. Cowen): The and accommodation expenses can also be claimed Deputy’s question relates to a situation where it as a health expense. In such cases, the expenses is claimed that interest accumulated in respect of of one person accompanying the patient may also savings in an SSIA of a deceased spouse is not be allowed where the condition of the patient being paid over to the surviving spouse. The requires it. question does not make clear if there is a diffi- Plastic surgery or other medical works or pro- culty specifically in regard to the SSIA itself or if cedures undertaken on purely cosmetic grounds the difficulty is in some way related to the distri- do not qualify for tax relief; nor does the cost of bution of the estate of the deceased person. routine dental or ophthalmic care. Accordingly, it is only possible to answer the question in general terms. 203. Ms Burton asked the Minister for Finance It must be borne in mind that there are specific the situation for tax relief purposes of medical provisions in general law in regard to the admin- expenses incurred outside the State by a taxpayer; istration of an estate of a deceased person and if they are allowable for tax purposes; and if there these must be followed before the assets of the are any limitations or conditions on qualifying estate can be distributed. The funds in the SSIA expenditure. [4190/05] constitute an asset of the estate of the deceased person. The net assets of the estate will be distrib- Minister for Finance (Mr. Cowen): Medical uted to the beneficiaries by the executors or expenses incurred outside of the State qualify for administrators following grant of probate or let- tax relief on the same basis as medical expenses ters of administration. incurred within the State provided that the follow- The SSIA scheme commenced on 1 May 2001 ing conditions apply. As regards the cost of a medi- and is administered by qualifying savings man- cal practitioner, the medical practitioner is entitled, agers in accordance with legislation and guide- under the laws of the country in which the care is lines issued by the Revenue Commissioners. In provided, to practise medicine or dentistry there; general terms, the amount of funds available on and as regards the cost of the hospital or nursing the death of an SSIA holder are set out in SSIA home, the hospital or nursing home is approved rules. for the purposes of tax relief under the heading of The maturing of an SSIA on the death of an health expenses by the Minister for Finance after individual is an automatic process and is adminis- consultation with the Minister for Health and Chil- tered by the qualifying savings manager con- dren. A full list of approved hospitals and nursing cerned. The tax liability which falls due in the homes is available on the Revenue Commissioners event of death is arrived at by deducting, from website, www.revenue.ie. the aggregate market value of the assets in the Where qualifying health care is, in regard to a account, the aggregate amount of all subscrip- specific health expense, obtainable only outside tions and tax credits made to the SSIA, in so far the State, reasonable expenses of travelling and as that amount has not previously been treated as accommodation for the patient may be allowed. withdrawn from the SSIA on a partial with- In such a case, the expenses of one person drawal. A rate of 23% is applied to the resulting accompanying the patient may also be allowed figure to give the tax due. Once tax has been where the condition of the patient requires it. deducted, the SSIA maturity process is complete Where the patient is a child, the expenses of one and the remaining funds become part of the parent may generally be allowed and, exception- estate of the deceased. In the case of an SSIA ally, of both parents where it is clear that both that was a deposit account from which no with- have to be in attendance. drawals had been made up until the date of death, Relief cannot be claimed for any expenditure tax at 23% would only apply to the interest that has been or will be reimbursed by a medical earned. insurer or where a compensation payment is or will be made in respect of the expenditure. The National Monuments. first \125 of any medical expenses incurred in any tax year is borne by the taxpayer. In the case of 205. Mr. Durkan asked the Minister for Fin- an individual claiming relief in respect of two or ance if any action is proposed or intended in more persons, the taxpayer must bear the first respect of Connolly’s Folly, Maynooth, County \250. Kildare, which is showing serious signs of deter- While there is no upper limit to the amount of ioration; and if he will make a statement on the qualifying health expenses that a taxpayer may matter. [4295/05] 889 Questions— 9 February 2005. Written Answers 890

Minister of State at the Department of Finance tans are added to enable leaks to be detected by (Mr. Parlon): I confirm that lightning protection smell in confined areas such as buildings. was installed recently to protect the folly and that While the control umbilical will carry high the condition of the folly continues to be moni- pressure liquids, the volumes are very small. The tored. In the event of any essential repairs being umbilical will be buried to a depth of at least 1.2 required, these will be undertaken. In addition, m so these liquids pose no threat to people in consideration is being given to the provision of a the area. CCTV security system around the folly to combat vandalism. Diplomatic Representation. However, as indicated in replies to similar 207. Ms Burton asked the Minister for Foreign questions from the Deputy on the same issue, I Affairs the status, terms and conditions of the confirm that major works are not planned for appointment of the envoy (details supplied) to Connolly’s Folly at this time. the tsunami region; the rank in terms of the foreign service which applies; and the remuneration Gas Pipelines. or expenses which attach to the post. [4191/05] 206. Dr. Cowley asked the Minister for Minister of State at the Department of Foreign Communications, Marine and Natural Resources Affairs (Mr. C. Lenihan): Mr. Chris Flood, if he will address the fears expressed by residents former Member of Da´il E´ ireann and current of Rossport, County Mayo regarding the chairman of the advisory board for Development upstream Corrib field pipeline; his views on Co-operation Ireland, has been appointed as an whether they have cause to have health and envoy to the tsunami-affected region, particularly safety concerns; if he will consider carrying out a Indonesia, Sri Lanka and Thailand. This appoint- qualified risk assessment; his views on whether it ment was announced in the Da´il on 26 January is feasible or useful to add mercaptan for safety; by my colleague, the Minister for Foreign Affairs, and if he will make a statement on the matter. Deputy Dermot Ahern. The period of the [4188/05] appointment is six months from February. Minister for Communications, Marine and Mr. Flood will report on the status of the recov- Natural Resources (Mr. N. Dempsey): Iam ery effort in each of the affected countries. He assured that every precaution has been taken to will also report on the overall contributions of the UN agencies and non-governmental organis- ensure the safety of the Corrib gas field pipeline. ations to the post-tsunami recovery efforts. He At no point along the pipeline route will the gas will examine to what extent funds have been used pipeline pass closer than 70 m to any dwelling. A effectively and efficiently by organisations ben- condition imposed in the pipeline consent efiting from Government assistance with a part- includes as absolute requirement that the pipeline icular focus on co-ordination, building local capa- passes no closer than 70 m to any inhabited city and rebuilding people’s livelihoods. He will dwelling. also seek to determine whether lessons can be In addition, a quantified risk assessment has learned in responding to future disasters. Mr. been undertaken for the onshore section of the Flood will be assisted by the emergency, recovery pipeline which included a detailed analysis of the and technical sections of Development Co-oper- risk of damage to the pipeline and consequences ation Ireland. of any such damage. This showed that even in the The position of the envoy does not have a rank very worst case of the pipeline being ruptured within the diplomatic service. Normal travel and and the gas being ignited, the occupants of a subsistence expenses only will apply. building 70 m away would be safe. The design of the pipeline means that the risk of such an event Foreign Conflicts. or any other type of gas escape is very small. Also the pipeline will be buried to a depth of at least 208. Mr. F. McGrath asked the Minister for 1.2 m. Foreign Affairs if he will bring the plight of the The design of the pipeline is in accordance with people of Darfur, Sudan to the attention of the international design codes and is to a pressure of UN Security Council without delay; and if he will 345 barometers. The pressure in the pipeline will make a statement on the matter. [4313/05] initially be 150 barometers, reducing over the life Minister for Foreign Affairs (Mr. D. Ahern): of the field. In 2002, my Department com- The political and humanitarian situation in the missioned an independent expert to confirm that Darfur region remains a matter of the deepest the design is fully in compliance with inter- concern for Ireland. The Government continues national codes. to use all avenues open to it to urge action in As regards the feasibility or usefulness of addressing the humanitarian, security and politi- adding mercaptans for safety, I am advised by my cal challenges, which exist there. technical expert that there would be no benefit The United Nations and the Security Council from doing so. Gas is lighter than air and in the has been centrally involved in efforts to address very unlikely event of gas escaping from the pipe- the Darfur crisis. I expressed support for the line, it would be rapidly dispersed away from UN’s role and our willingness to assist its efforts ground level and any people in the area. Mercap- in any way we can when I met the UN Secretary 891 Questions— 9 February 2005. Written Answers 892

[Mr. D. Ahern.] I note that the Commission has concluded that, General in New York yesterday. I also indicated serious and systematic as the abuses of human to the Secretary General my agreement with the rights and violations of international humani- recommendation of the international committee tarian law may have been, they could not be of inquiry investigating allegations of genocide in classified as genocide, based on the definition of Darfur that those responsible for crimes against genocide under international law. The Security humanity or other serious human rights violations Council will commence its consideration of these should be held accountable before the Inter- findings this week. I would strongly urge that it national Criminal Court. takes a speedy and positive decision on the com- The comprehensive political agreement signed mission’s recommendation. In addition to decid- in Nairobi last month has highlighted the need ing on the referral of the matter to the ICC, the for parallel political progress with regard to the option of sanctions is also available and is one Darfur conflict. The UN Secretary General’s which should be considered. Special Representative, Mr. Jan Pronk, has pro- The UN Security Council has been endeav- vided further and deeply worrying evidence in a ouring to work through the African Union on recent report of how both the Sudan Government improving security on the ground in Darfur. The and the rebels are continuing to violate the cease- AU-led monitoring mission, AMIS, is continuing fire agreements. Humanitarian delivery continues to play a vital role in this regard. Ireland and the to be jeopardised by the escalation in security EU continue to co-operate closely with the incidents across many parts of Darfur. I am dee- African Union in support of the AMIS II mission ply conscious that some 2 million people are now and are providing substantial financial and logis- displaced from their homes and this figure is still tical support for the deployment of the expanded rising. Violent attacks by both sides in the conflict AMIS II mission. The African Union and UN are have heightened the atmosphere of insecurity, also working together to ensure a successful out- and this is having a negative impact on the deliv- come to the AU-mediated peace talks for Darfur ery of humanitarian aid. which are due to resume in Abuja at the begin- Sustained international pressure needs to be ning of March. I would urge the Sudanese maintained on all the parties to honour their com- Government and the rebel groups to recommit mitments and work to improve the security situa- themselves fully to this process, with a view to tion in Darfur. The Government of Sudan must reaching an early and final political agreement. be pressed to accept its responsibility for security and the protection of its own citizens by dis- Grant Payments. banding the Janjaweed militia and bringing all 209. Mr. Naughten asked the Minister for those responsible for serious human rights Enterprise, Trade and Employment the number violations to justice. There must also be an end and value of grants decided under the community to any attempts at forced relocation of internally enterprise support scheme in 2004; the total displaced persons. The rebels, for their part, must budget available under this scheme in 2005; and cease all attacks and ceasefire violations. All sides if he will make a statement on the matter. must co-operate fully and constructively with the [4120/05] international presence in Darfur, including the Minister for Enterprise, Trade and Employ- UN, African Union and all engaged in the ment (Mr. Martin): The allocation of grants humanitarian effort. under the community enterprise centre, CEC, Ending impunity and bringing to justice those scheme is the responsibility of Enterprise Ireland, guilty of serious human rights violation is an the agency charged with administering the imperative in attempting to resolve the conflict in scheme, and not a matter in which I have a direct Darfur. I very much welcome the report of the role. I am informed by Enterprise Ireland that no UN’s international commission of inquiry grants were approved under the CEC scheme in investigating ending impunity and bringing to 2004. The most recent CEC scheme was the com- justice those guilty of serious human rights munity enterprise centre 2002 scheme under violation is an imperative in attempting to resolve which a sum of \8 million was approved to sup- the conflict in Darfur. I very much welcome the port the scheme. The objective of the scheme was report of the UN’s international commission of to enhance the development of an enterprise inquiry investigating whether serious violations of climate through the provision of infrastructural human rights, international humanitarian law and facilities to support the establishment and expan- genocide have occurred in Darfur which was pub- sion of micro enterprises through local com- lished last week. The commission found that munity participation. crimes against humanity of an ethnic nature have Under the CEC 2002 initiative, which was a been committed in Darfur and has recommended competitive scheme, a total of 70 projects were that the allegations be referred to the Inter- approved for support by Enterprise Ireland. national Criminal Court. I agree with the com- These were announced in two tranches — the mission that the ICC, of which Ireland has been a first on 6 August 2002 in respect of 50 approvals strong supporter, would be the most appropriate to the value of \5,166,306, the second on 29 Sep- body to try those accused of these dreadful tember 2003 in respect of 20 approvals to the crimes. value of \2,838,472. 893 Questions— 9 February 2005. Written Answers 894

Under the CEC 2002 scheme, Enterprise and some prices have been the subject of Ireland has to date paid nearly \2 million. additional investigation, including those of fruit Shannon Development has also paid out more and vegetables, alcoholic beverages, and pharma- than \500,000 in respect of projects undertaken ceuticals. The group will report to me at the end within the Shannon region. It is anticipated that of this month and I plan to give the report prompt the remainder will be paid from 2005 onwards as attention and consideration as soon as I receive it. the promoters incur the costs against which the grants can be claimed and paid. A time lag in Work Permits. requests for payment normally occurs as approximately 70% if approvals were for capital grant 211. Mr. Healy asked the Minister for support, where planning permission and construc- Enterprise, Trade and Employment if and when tion is part of the process. he will introduce amending legislation to issue work permits to individual workers rather than to Price Inflation. employers, in view of the continuing difficulties being experienced by non-EU workers here; and 210. Mr. O’Connor asked the Minister for if he will make a statement on the matter. Enterprise, Trade and Employment the position [4145/05] regarding action being taken to control the rise in the cost of living; the initiatives which are Minister for Enterprise, Trade and Employ- planned; and if he will make a statement on the ment (Mr. Martin): A work permit is granted to matter. [4144/05] an employer in respect of a specified employee and job vacancy, where the employer can demon- Minister for Enterprise, Trade and Employ- strate that the vacancy cannot be filled from ment (Mr. Martin): The Government recognises within the wider European Economic Area, the importance of this issue as reflected in the EEA. The EEA comprises the 25 member states anti-inflation provisions in the Sustaining Pro- of the EU, Iceland, Norway, Liechtenstein and gress partnership agreement which are being fol- Switzerland. lowed up and monitored by a group, chaired by Apart from the renewal of existing permits, the Department of the Taoiseach, on which my which now constitute the bulk of applications, Department is represented. new permits are confined to highly skilled and Empowered consumers seeking the best value highly paid positions. Present policy is, informed possible when making purchasing decisions are a by the imperative to address the identified labour vital part of curbing rising prices in any economy, and skill needs in the economy. In order to best as are competitive markets, which allow con- achieve these ends, the work permit is granted to sumers to exercise choice. It is important that the employer. This ensures greater traceability, consumers are given sufficient information to the more effective enforcement of the employees’ make choices. To this end we have legislation in rights and enhanced administrative efficiency. place, which ensures that consumers are provided The Labour Inspectorate of my Department is with clear price information prior to making a responsible for monitoring certain employment decision to purchase goods. The Office of the Director of Consumer Affairs, ODCA, enforces conditions for all categories of workers in Ireland, this legislation. including migrant workers. Inspectors pursue I also want to increase the information avail- allegations of worker mistreatment, and when able to busy consumers on general price levels evidence of non-compliance with the relevant prevailing and my Department’s close co-oper- employment rights legislation is found, the ation with the Central Statistics Office, CSO, has inspectorate seeks redress for the individual or led to a new initiative whereby data for average individuals concerned and, if appropriate, a pros- prices in Dublin and outside Dublin in May was ecution is initiated. published last July. These data were drawn from An application for a work permit requires a the national average prices published for the con- statement, counter signed by the would-be sumer price index. This continued with the publi- employer and employee, of the main functions of cation of figures for November being brought for- the job: salary or wages; deductions — other than ward to December and my issuing a press release statutory; other benefits; and hours to be worked highlighting and welcoming the analysis. My per week. Work permits are not granted unless Department will continue to work with the CSO, there is compliance with minimum wages legis- ODCA, the Consumers Association of Ireland lation. Applications for renewals require docu- and Forfa´s on ways to provide consumers with mentary proof that the stated wages have been more user-friendly data on prices. paid. Early last year the Government established the Persons employed in Ireland under the work consumer strategy group to advise and make permit scheme in recent years have been readily recommendations for the development of a facilitated in changing jobs. In such circumstances national consumer policy. In the performance of a new work permit is issued to the person’s new this role the consumer strategy group has carried employer. This allows an employee to move to a out a range of activities, including studies that new employer where there are genuine reasons investigate issues of special concern. Price trends why the employee wishes to leave his or her exist- with other parts of Europe have been examined ing employment. 895 Questions— 9 February 2005. Written Answers 896

[Mr. Martin.] receipt of farm assist, receiving an average weekly A new employment permits Bill, currently at payment of \163.27. Any extension of FIS to the final stages of preparation, will include pro- other categories of persons would have to be con- vision for additional protections for migrant sidered in a budgetary context. I have no plans workers. It is intended that employers will be pro- for such an extension in present circumstances. hibited from deducting from the remuneration of migrant workers any costs associated with their Services for People with Disabilities. recruitment and the retention by employers of 214. Mr. Stanton asked the Minister for Social personal documents belonging to migrant and Family Affairs further to Parliamentary workers. Question No. 178 of 1 December 2004, the fund- If the Deputy has evidence that particular ing which has been made available for 2005 to employers are exploiting their workforce this introduce the groundwork for the new personal should be brought to the attention of the labour advocacy service aimed specifically at persons inspectorate for investigation. with disabilities; when the new service will com- 212. Mr. Murphy asked the Minister for mence; and if he will make a statement on the Enterprise, Trade and Employment if he will matter. [4139/05] examine the case of a person (details Minister for Social and Family Affairs (Mr. supplied). [4152/05] Brennan): As announced in budget 2005, \1 million has been provided this year to the national Minister for Enterprise, Trade and Employ- information agency, Comhairle, to prepare the ment (Mr. Martin): The person referred to made groundwork for the introduction of the new per- an application for a work authorisation on 27 sonal advocacy service. It is envisaged that the January to the Consulate General of Ireland in new service will be introduced in early 2008 sub- San Francisco. Her application was incomplete, ject to the necessary legislation being enacted. thus it was returned to her by express post on 31 The introduction of a personal advocacy service January for completion. aimed specifically at people with disabilities is provided for in the Comhairle (Amendment) Bill Family Support Services. 2004 which was published last September in con- 213. Mr. Stanton asked the Minister for Social junction with the Disability Bill 2004 and outline and Family Affairs the supports available to self- sectoral plans and as part of the Government’s employed workers with families who are on low national disability strategy. incomes; if the family income supplement can be Under the provisions of the Bill, the new per- availed of in such circumstances; and if he will sonal advocacy service will provide for the assign- make a statement on the matter. [4138/05] ment of a personal advocate to a person with a disability who is unable to obtain or who has diffi- Minister for Social and Family Affairs (Mr. culty in obtaining a social service without the Brennan): Family income supplement was intro- assistance or support of the personal advocate. duced in 1984 with the purpose of providing an The main function of the personal advocate will incentive to low-paid employees with families to be to assist, support and represent the person take up or remain in full-time employment in cir- with a disability in applying for and obtaining a cumstances where they might otherwise be only social service and also in pursuing any right of marginally better off then of claiming another review or appeal in connection with that service. social welfare payment. The scheme does not apply to self-employed people. Social Welfare Benefits. Arrangements already exist whereby self- employed people on low income can receive 215. Mr. O’Shea asked the Minister for Social additional payments under the social welfare and Family Affairs the reason social welfare system. Self-employed people whose income falls increases were not awarded from 1 January 2005, below the rate of unemployment assistance, UA, as had been the case in the previous two years; appropriate to their family circumstances are and if he will make a statement on the matter. entitled to claim assistance. The rate of assistance [4310/05] payable depends on the person’s means. In Minister for Social and Family Affairs (Mr. assessing means, account is taken of the net Brennan): The approach to determining the income, which the applicant may reasonably effective dates for increases in social welfare expect to receive in the next year, and all weekly rates of payment following December’s expenses necessarily incurred by the applicant in budget was the same as in previous years. The carrying out the business are disregarded. Cur- effective dates of increases for each scheme are rently almost 1,764 unemployment assistance determined by reference to the payment weeks recipients are categorised as self-employed, for each scheme, which may commence on differ- receiving an average of \156.72 assistance per ent days of the week, and the fact that some week. schemes are paid in advance and some in arrears. The farm assist scheme was introduced in 1999 The effective date varies for different schemes to provide income support for low-income farm- depending on the year in question and does not ers. At present, a total of 8,350 farmers are in necessarily coincide with the first day of January. 897 Questions— 9 February 2005. Written Answers 898

Over the period from 1997 to 2002, the Govern- recommendation by providing for the introduc- ment brought forward the effective dates of tion of a default speed limit of 100 km/h for rural increases in weekly rates by 23 weeks and all national roads and 80 km/h for rural regional and increases in these rates are now due with effect local roads. from the first week of January. The working group also recommended that each new speed limit sign should display the value 216. Ms Shortall asked the Minister for Social in figures together with the unit ’km/h’. The Road and Family Affairs his policy in respect of the Traffic (Speed Limit — Traffic Signs) Regu- eligibility for unemployment benefit of mothers who give up work due to the cost of child care lations 2005 support the structures provided in exceeding their net wage or reducing it to a negli- the Road Traffic Act 2004 and provide for the gible amount; and if he will make a statement on deployment of regulatory speed limit traffic signs the matter. [4312/05] to indicate to road users that a speed limit of 120 km/h, 100 km/h, 80 km/h, 60 km/h, 50 km/h or 30 Minister for Social and Family Affairs (Mr. km/h applies. In the case of all speed limits apply- Brennan): A person is regarded as being availing under the Road Traffic Act 2004 or previously able for employment if he or she is prepared to under the legislation that preceded that Act, the accept any offers of suitable full-time employ- speed limit represents the maximum speed at ment. In considering entitlement under this con- which vehicles may be driven in optimum circum- dition, account is taken of the person’s skills, stances. In all cases a driver must not drive a qualifications and experience, duration of period vehicle at a speed exceeding that, which will of unemployment and the availability of job vac- enable him or her to stop within the distance he ancies in the locality. The question of specific or she can see to be clear. This rule applies irres- support for the costs of child care is a matter for pective of the speed limit. my colleague the Minister for Justice, Equality and Law Reform whose Department administers Driving Licences. the equal opportunities childcare programme 218. Mr. Durkan asked the Minister for Trans- under the national development plan. port if a further provisional driving licence can My Department administers the family income issue in the case of a person (details supplied) in supplement, FIS, scheme, an in-work income sup- County Kildare; and if he will make a statement port designed to provide cash support for on the matter. [4127/05] employees on low earnings with families, to help preserve the incentive to remain in employment Minister for Transport (Mr. Cullen): Under the in circumstances where the employee might only Road Traffic Act 1961 and the Road Traffic be marginally better off than if they were claim- (Licensing of Drivers) Regulations 1999, it is a ing other social welfare payments. A range of matter for the appropriate licensing authority, in improvements introduced to FIS in recent years, this case Kildare County Council and not the including the assessment of entitlement on the Department of Transport, to determine the eligi- basis of net rather than gross income and the pro- bility of a person for a driving licence and to gressive increases in income limits, has made it issue licences. easier for lower income households to qualify 219. Mr. O’Connor asked the Minister for under the scheme. Transport the number of driving licence applications that are being declared false on renewal Road Safety. and that were issued in the period September to 217. Ms McManus asked the Minister for December 1994; if he is investigating the matter; Transport the reason a national speed sign and if he will make a statement on the matter. (details supplied) has been removed; if a sign [4146/05] indicates a certain speed now, if a person is to presume that bends on a road can be negotiated Minister for Transport (Mr. Cullen): Under the at the specified speed limit; and if he will make a Road Traffic Act 1961 and the Road Traffic statement on the matter. [4125/05] (Licensing of Drivers) Regulations 1999, it is a matter for the appropriate licensing authority and Minister for Transport (Mr. Cullen): The work- not the Department of Transport to determine ing group established in 2003 to review speed the eligibility of a person for a driving licence, limit structures and policies recommended that including renewal of a licence, and to issue the general speed limit of 60 mph that applied in licences. I am not aware of any general problem respect of rural roads other than motorways regarding the renewal of licences which were should be replaced by separate default maximum issued between September and December 1994. speed limits for the rural national, and rural regional and local roads. The general speed limit Driving Tests. sign, while it did not refer to the actual speed limit value, indicated the locations from which the 220. Mr. Crowe asked the Minister for Trans- 60 mph speed limit applied. The provisions in the port the reason for the record number of drivers Road Traffic Act 2004 establishing the default awaiting tests; the measures he proposes to intro- speed limits for roads generally reflect that duce to reduce waiting times; and if the filling of 899 Questions— 9 February 2005. Written Answers 900

[Mr. Crowe.] of such a discounted fare. This promotional ticket vacancies in this sector is seen as a priority and is offered at the same price as a single journey part of the problem by him. [4147/05] ticket as part of the company’s policy to encourage the use of train services by offering value for Minister for Transport (Mr. Cullen): The money for day return journeys. increase in the number of people awaiting a driving test resulted from the unprecedented number Airport Development Projects. of people who applied for a driving test in 2003. A total of 233,889 applications were received in 223. Cecilia Keaveney asked the Minister for 2003, an increase of 23% over the previous year’s Transport the position in relation to having the record total of 192,016. The Department of runway at Derry City Airport extended to facili- Transport is in communication with the Depart- tate the larger aeroplanes in use; and if he will ment of Finance about measures to reduce the make a statement on the matter. [4150/05] backlog, including the recruitment of additional Minister for Transport (Mr. Cullen): Last year, driver testers. Derry City Council submitted proposals for the development of City of Derry Airport to the Taxi Hardship Panel. Department of Transport and to the relevant 221. Mr. Crowe asked the Minister for Trans- authorities in Northern Ireland which, of course, port if, in view of the demand, he has new pro- have lead responsibility in this area. A report on posals to top up the original taxi hardship all aspects of the proposed development, includ- fund. [4148/05] ing the extent of works required to make the airport fully operational and compliant with safety Minister for Transport (Mr. Cullen): The taxi requirements, is being considered by the Depart- hardship payments scheme is based on the recom- ment following consultation with the relevant mendations and parameters of the taxi hardship authorities in Northern Ireland. panel report, which was approved by the Govern- ment. The report of the panel recommended the 224. Ms O. Mitchell asked the Minister for establishment of a scheme to provide payments Transport if, in view of his recent trade mission to individual taxi licence holders who fall into one to China and the need to develop long haul flight of six categories that the panel assessed as having capacity from Dublin Airport, the Government suffered extreme personal financial hardship aris- intends to direct the DAA to either extend the ing from taxi liberalisation. The payments ranged existing runway or to fast track the construction from \3,000 to \15,000 depending on the category of a second runway. [4187/05] of hardship involved. The Government approved the implementation of the recommendations. The Minister for Transport (Mr. Cullen): Iamnot payments are not compensation but compassion- aware of any evidence to suggest that infrastruc- ate payments in respect of extreme personal fin- ture at Dublin Airport, including the capacity of ancial hardship. its runways, is acting as a constraint or barrier to The taxi hardship payments scheme is being the development of long haul routes. The pro- administered by Area Development Management posed new parallel runway is required to meet Limited on behalf of the Department of Trans- projected traffic growth and to ensure that the port. Most of the applications received by ADM runway capacity at Dublin Airport continues to have been dealt with. I expect the applications cater for the future requirements of airlines and which remain on ADM’s files to be dealt with in passengers. In recognition of the long lead-in time the coming weeks. Sufficient funds have been on planning approvals, construction and com- made available to ADM to enable it to meet the missioning, the Dublin Airport Authority submit- cost of all successful applications. I do not pro- ted its planning application for the new runway pose to reopen the terms of the taxi hardship to Fingal County Council last December. Subject panel report or the Government’s decision on it. to planning permission, this will ensure that the additional capacity provided by the new runway Rail Services. will be available and operational when needed in about six years time. 222. Mr. Crowe asked the Minister for Trans- port if his attention has been drawn to the finan- Community Development. cial expense incurred by a commuter travelling on the Dublin to Tralee rail route; and if he will 225. Mr. Ring asked the Minister for Com- make recommendations on this and similar munity, Rural and Gaeltacht Affairs the reason examples to CIE. [4149/05] lone parents, widows and widowers are not allowed to participate in the rural social scheme; Minister for Transport (Mr. Cullen): The only his views on whether this is discrimination; and if fares I regulate are standard fares. Discounts on he will make a statement on the matter. standard fares are a commercial matter for [4137/05] Iarnro´ dE´ ireann. It is open to the company to offer promotional or discounted fares within this Minister for Community, Rural and Gaeltacht framework. I understand from the company that Affairs (E´ amon O´ Cuı´v): One must have a herd it offers a day saver return ticket as an example number and be in receipt of one of the following 901 Questions— 9 February 2005. Written Answers 902 payments — farm assist, unemployment assist- mission regulations, the Department of Agri- ance, unemployment benefit if previously on a culture and Food has no option but to adhere to FA´ S community employment scheme, or dis- them. ability allowance — if one is to be eligible to participate in the rural social scheme. Self-employed Departmental Supports. fishermen whose fishing boats have been entered 228. Mr. Naughten asked the Minister for Agri- in the register of fishing boats, or have been culture and Food further to a meeting (details issued with a fishing licence from the Department supplied), the plans she has to facilitate the group of Communications, Marine and Natural concerned; and if she will make a statement on Resources for fishing for salmon at sea, and who the matter. [4121/05] are in receipt of either unemployment assistance, unemployment benefit — if previously on a FA´ S Minister for Agriculture and Food (Mary community employment scheme — or disability Coughlan): The group has received assistance allowance, are also eligible for the scheme. There from several public bodies. I support close co- is nothing to prevent a lone parent, widow or wid- ordination between the bodies and the group in ower from participating in the scheme if they making available their full range of expertise meet the eligibility conditions I have outlined. A and assistance. review of the scheme will be undertaken by the Department of Community, Rural and Gaeltacht Organic Farming. Affairs within the coming months. The review 229. Mr. Naughten asked the Minister for Agri- will include an examination of the current eligi- culture and Food if she will report on the recom- bility criteria. mendations of the report of the organic development committee which have been implemented; Grant Payments. the timescale and status of the implementation of 226. Mr. Naughten asked the Minister for Agri- the outstanding recommendations; and if she will culture and Food the plans she has to remove the make a statement on the matter. [4122/05] 20 livestock units cap on grant aid for farm Minister for Agriculture and Food (Mary development; and if she will make a statement on Coughlan): The report of the organic develop- the matter. [4118/05] ment committee, which was published in April Minister for Agriculture and Food (Mary 2002, contained a number of recommendations to Coughlan): A minimum of 20 income units from develop the organic sector in Ireland. The com- farming is required for grant applications under mittee’s main recommendations have been the on-farm investment schemes. The European implemented, including the establishment of a Commission has repeatedly opposed any relax- national steering group. This group has met on ation of the minimum income provision, despite eight occasions and continues to monitor the several approaches from the Department of Agri- implementation of the other recommendations of culture and Food on the matter. The conditions the organic development committee. of the farm waste management scheme, including Among the recommendations on which pro- the 20-income unit restriction, are under congress has taken place are the following. A part- sideration. nership expert working group has been set up to co-ordinate, facilitate and monitor the provision 227. Mr. Naughten asked the Minister for Agri- of training, education, advice and research and culture and Food if she will review the payment an organic market development group has been structure for the SFP to facilitate two instalments established with overall responsibility for rather than one payment in December; and if she developing a national marketing strategy for will make a statement on the matter. [4119/05] organic food. A census of Irish organic production was carried out and published in October Minister for Agriculture and Food (Mary 2003. My Department’s website now includes a Coughlan): European Council Regulation dedicated section on organic food and farming. 1782/2003, which governs the single payment Seven organic demonstration farms were selected scheme, stipulates that payments under the last year as a pilot project, and this successful scheme will be made once a year, within the initiative will be further extended in 2005. period from 1 December of the year of appli- Teagasc has also expanded its organic advisory cation to 30 June of the following year. The regu- network. It has identified advisers nationwide and lation also provides for advance payment circum- their contact details are also available on my stances to be decided by the European Department’s website. Commission, subject to the budgetary position. Teagasc, Bord Bia and the Food Safety Auth- The Deputy will appreciate that it is not possible ority of Ireland have produced publications in the for a member state to decide on different pay- areas of research and advice. My Department ment dates to those specified in the Council regu- undertook preliminary investigative organic seed lation or those which may be specified by the trials for suitable barley, wheat and oat varieties Commission in certain circumstances. As the on the farms of two organic producers. A study rules governing the single payment scheme are of the organic poultry sector was published in prescribed under European Council and Com- 2004. In addition to rolling out education and 903 Questions— 9 February 2005. Written Answers 904

[Mary Coughlan.] states, Ireland has highlighted the sensitivity of advice on organic production, Teagasc is cur- this issue. Ireland has also sought clarification on rently developing an organic beef research the Commission’s intentions. A promised Com- programme. mission clarification paper is due towards the end The REPS organic supplementary measure was of February. I will seek to ensure that all of reviewed as part of the general review of the Mayo’s farmers continue to benefit to the scheme, and some of the changes recommended maximum extent possible under the area-based in the organic development committee report compensatory allowance scheme. were included in the new REP3 scheme. A statutory instrument was adopted in March Grant Payments. last year, which gave full effect to Council Regu- lation (EEC) No. 2092/91, as amended, and to the 231. Mr. Deenihan asked the Minister for Agri- additional standards contained in Chapter 7 of culture and Food when a REP scheme payment the report of the organic development committee. will be made to a person (details supplied) in It gives, inter alia, powers to my Department to County Kerry; and if she will make a statement prosecute those operating illegally. on the matter. [4124/05] Substantial consideration has been given to the development of a national label. A final decision Minister for Agriculture and Food (Mary has been deferred pending the outcome of delib- Coughlan): Payment has issued this week in this erations on the information campaign proposed case. in the European action plan for organic food and 232. Mr. Ferris asked the Minister for Agri- farming. An information leaflet on organic food culture and Food if the entitlements under the and farming was published in September 2004, single farm payments of a person (details the objective of which was to raise awareness supplied) in County Monaghan will be among consumers of what organic food and farm- reviewed. [4176/05] ing is about. Teagasc has developed and delivered a number Minister for Agriculture and Food (Mary of organic courses to farmers and will expand this Coughlan): A certificate of provisional entitle- area in response to demand. Substantial progress, in partnership with the existing course providers, ments under the single payment scheme issued has also been made in the establishment of a to the person named on 18 November 2004. This FETAC accredited course in organic horticulture. statement included a detailed breakdown of how The national steering group will continue to the provisional entitlements were calculated. oversee the implementation of the report’s Farmers are advised that if they are not satisfied recommendations in line with the timescales pro- that the statement is correct, they may seek a vided for in the report of the organic develop- review by completing a provisional entitlements ment committee. review form, which is available from all local offices of the Department and from the Depart- Disadvantaged Areas Scheme. ment’s website. To date, a review form has not been received from the person named. 230. Dr. Cowley asked the Minister for Agri- culture and Food if her attention has been drawn to the fact that moves are afoot to try and nego- State Shareholdings. tiate down disadvantaged status to just one cri- 233. Mr. Wall asked the Minister for Agri- terion, namely soil quality; her views on whether culture and Food the legal position regarding the this has to be vigorously resisted and is very golden share as determined by her Department serious (details supplied); the steps she is taking in regard to shares of Irish Sugar Limited; and if to resist any interference with disadvantage she will make a statement on the matter. status; the other steps she is taking to ensure the [4177/05] survival of farming in Mayo; and if she will make a statement on the matter. [4123/05] Minister for Agriculture and Food (Mary Coughlan): As Minister, I hold a special share in Minister for Agriculture and Food (Mary Greencore plc. That share has the same monetary Coughlan): Some 11,877 farmers in Mayo quali- value as any other share in the company but has fied for payments, totalling \25.6 million, under the area based compensatory allowance scheme conditions attached which prevent the company in 2004. At present, all of County Mayo is classi- from engaging in a number of activities without fied as more severely handicapped under the cur- the prior written consent of the Minister. It does rent criteria for designating areas as not empower me to become involved in oper- disadvantaged: low land productivity, low econ- ational matters or ordinary business decisions omic returns and low or dwindling population. made by the company. In summary, the special As part of the suggested rural development share prevents the disposal of the controlling framework for the period 2007-13, the European interest in Irish Sugar Limited, or a certain per- Commission has proposed new criteria for less- centage of the sugar assets and prevents a single favoured areas. These lay emphasis on soil and shareholder or group of shareholders acting climatic conditions. In line with other member together from gaining control of Greencore plc. 905 Questions— 9 February 2005. Written Answers 906

Grant Payments. 237. Mr. Connaughton asked the Minister for Agriculture and Food if consideration will be 234. Mr. P. Breen asked the Minister for Agri- given to an application under the national reserve culture and Food if consideration will be given to for entitlements under the single payments for a an application for forestry development (details person (details supplied) in County Galway; and supplied) by a person in County Clare; and if she if she will make a statement on the matter. will make a statement on the matter. [4178/05] [4305/05] Minister for Agriculture and Food (Mary Coughlan): An application for afforestation grant Minister for Agriculture and Food (Mary aid on behalf of the person in question was Coughlan): The position with regard to the 2005 refused by the forest service of my Department single payment national reserve is that all appli- in February 2003 and again in April 2003 follow- cations are being processed at present. In view of ing an appeal by the applicant. The application the number of applications received and was refused on environmental grounds. accompanying documentation submitted, it will be some time before processing is completed. Milk Quota. The Deputy will appreciate, therefore, that it is not possible to indicate at this stage whether the 235. Mr. Kehoe asked the Minister for Agri- person named will qualify for an allocation of culture and Food the position regarding a pilot entitlements from the reserve on foot of an appli- scheme for the allocation of milk quota to certain cation submitted. Applicants will be notified of qualified farm managers; when this pilot scheme their eligibility or otherwise as soon as all appli- will start; if the criteria and conditions governing cations are processed. the allocation of quota have been finalised; and if she will make a statement on the matter. 238. Mr. Connaughton asked the Minister for [4179/05] Agriculture and Food the level of grant aid received for all headage, special beef premium Minister for Agriculture and Food (Mary and dairy for the years 1997, 1998 and 1999 under Coughlan): The statutory basis for a pilot scheme the herd number of a person (details supplied) in for the allocation of milk quota to farm managers, County Galway; the level of grants awarded in which requires the formation of a special type of 2000, 2001 and 2002; and if she will make a state- milk production partnership, was put in place in ment on the matter. [4306/05] 2003 and refined in 2004, through amendments to the milk quota regulations. I expect discussions Minister for Agriculture and Food (Mary on the relevant criteria and conditions will con- Coughlan): The person named received the fol- clude in time to allow for the introduction of a lowing payments under the special beef premium pilot scheme during the 2005-06 milk quota year. scheme for the years 1997 to 2002:

Grant Payments. \ 236. Mr. McGuinness asked the Minister for Agriculture and Food , further to Question No. 1997 3,144.06 69 of 26 January 2005, if the years used in the 1998 3,098.57 calculation of the single payment entitlements for 1999 2,633.46 this person are correct. [4180/05] 2000 2,639.92 Minister for Agriculture and Food (Mary 2001 2,618.20 Coughlan): An application for consideration 2002 2,079 under the force majeure or exceptional circumstances criteria of the single payment regulations The person named received the following pay- was submitted by the person named on 7 January ments under the extensification premium for the 2004. Following consideration by the Department years 1997 to 2002: and the independent single payment appeals committee of the circumstances outlined, includ- \ ing additional information submitted, the Depart- ment is satisfied that force majeure criteria can be 1997 1,503.89 applied in respect of the medical condition of the person named in 2000, which resulted in 1998 1,026.13 decreased production in that year. Consequently, 1999 1,259.63 2000 will be excluded and only the years 2001 and 2000 1,422.28 2002 will be used in the calculation of the single 2001 627 payment entitlement. As production increased in 2002 554.40 2001 and 2002, this two-year average will have the effect of increasing the single payment entitlement for the person named. An amended state- The person named received the following payment of provisional entitlements reflecting this ments under the deseasonalisation slaughter pre- position will issue shortly to the person named. mium scheme and slaughter premium scheme for the years 1997 to 2002: 907 Questions— 9 February 2005. Written Answers 908

[Mary Coughlan.] 239. Mr. Connaughton asked the Minister for Agriculture and Food if consideration will be \ given to an application by a person (details supplied) in County Galway to have his reference 1997 38.16 years changed to 1997, 1998 and 1999; and if she 1998 302.16 will make a statement on the matter. [4307/05] 1999 391.30 Minister for Agriculture and Food (Mary 2000 765.91 Coughlan): An application for consideration 2001 1,567.91 under the force majeure or exceptional circum- 2002 2,070.60 stances measure of the single payment regulations was submitted by the person named on 22 The person named received the following pay- January 2004. ments under the ewe premium scheme for the The person named has been notified that the years 1997 to 2002: circumstances outlined by him do not satisfy the criteria for force majeure or exceptional circum- \ stances under Article 40 of Council Regulation (EC) No. 1782/2003. The person named has been advised that he can appeal the decision to the 1997 1,775.08 independent single payment appeals committee 1998 3,000.84 which will carry out a full review of the circum- 1999 2,916.95 stances outlined. 2000 1,881.20 2001 1,887.23 Rights of the Child. 2002 2,408 240. Ms Shortall asked the Minister for Justice, Equality and Law Reform if his attention has The person named received the following pay- been drawn to the widespread concern among ments under the sheep headage scheme for the unmarried fathers regarding the lack of legal pro- years 1997 to 1998: tection in respect of their right of access to and custody of their children; his views on whether \ these rights should not be dependent on the discretion of their children’s mother but rather 1997 121.89 enshrined in law; his proposals to reform the law in this regard; and if he will make a statement on 1998 807.55 the matter. [4096/05]

He was not an applicant under the sheep headage Minister for Justice, Equality and Law Reform scheme in 1999 and 2000. (Mr. McDowell): Under section 6A of the Guard- ianship of Infants Act 1964, as inserted by section The person named received the following payments under the cattle headage scheme for the 12 of the Status of Children Act 1987 an unmar- years 1997 to 2002: ried father may apply to the court to be appointed a guardian of his child. Alternatively, \ where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act, 1997 1,286.24 (after shortfall penalty applied to \1,328.15) as inserted by section 4 of the Children Act 1997, conferring on the father the status of guardian. 1998 1,328.15 Under section 11 of the 1964 Act, a guardian may 1999 1,328.15 apply to the court for its direction on any ques- 2000 1,328.15 tion affecting the welfare of the child. Examples of such proceedings are applications The area based compensatory allowance scheme for custody and access orders. In making such replaced the cattle and sheep headage schemes in orders and, in determining whether an unmarried 2001 and the person named received the follow- father should be appointed guardian, the court ing payments under the scheme for the years 2001 has to regard the welfare of the child as the first to 2002: and paramount consideration. Where appropriate and practicable, the court in making any order \ takes into account the child’s wishes in the matter having regard to the age and understanding of the 2001 3,999.60 child. In considering whether to make an order under section 6A or 11 the court is directed — 2002 3,959.60 (after 1% late area aid penalty applied to under provision in the Act of 1997 — to have \3,999.60) regard to whether the child’s best interests would be served by maintaining personal relations and 909 Questions— 9 February 2005. Written Answers 910 direct contact with both his or her father and 2000. In addition, it was awarded staffing continu- mother on a regular basis. ation funding totalling \76,667, up to 31 August The Act of 1964 — by way of amendment in 2005. This amount was deemed sufficient to the Act of 1997 — encourages parties to a dispute enable the group to maintain its service and meet over a child to agree on the custody or guardian- the targets set. ship of or access to a child. Prior to institution of Funding under the staffing measure of the proceedings the legal representatives of the par- programme is made available only to those pro- ties must discuss with them the possibility of jects which can demonstrate that they provide agreement. The court may adjourn any pro- child care in areas of significant disadvantage and ceedings to assist agreement between the parties. that they support disadvantaged parents to access These legislative provisions are extensive. They employment, education or training. It is not permit the court in cases of disagreement to intended that the programme will meet the full decide on arrangements for the child’s care and costs of running a service. The programme makes upbringing having regard to the child’s best staffing grant assistance available for a few years, interests. I am aware of the concerns of unmar- usually three, to enable projects to move towards ried fathers regarding custody and access rights self sustainability which would normally be and the issue of enforcement. My Department achieved when the service is operating at capacity keeps the operation of the law in this area and with an appropriate fee structure. under review. In several services, the levels of disadvantage among parents are such that the families would Garda Deployment. be unable to pay economic fees and therefore 241. Mr. F. McGrath asked the Minister for those services are likely to require ongoing State Justice, Equality and Law Reform if there will be support towards their staffing costs. My Depart- more regular Garda patrols in the Marino area, ment is reviewing the arrangements for the Dublin 3, to deter the culprits responsible for ongoing support of such services in very graffiti and other anti-social behaviour. disadvantaged areas and plans to introduce new [4097/05] arrangements to support those services in cases where they will have received staffing grant Minister for Justice, Equality and Law Reform assistance for three or more years, at any date (Mr. McDowell): Clontarf Garda station is prior to 31 August 2005. Information regarding responsible for policing the Marino area and the the introduction of these new arrangements, current strength there, all ranks, is 67, an increase which will be effective from 1 September 2005, of 10 gardaı´ since 1998. The policing strategies for will be forwarded to the group in question as the area are predicated on the policy of reducing soon as it is available. In the interim, it would be and preventing incidents of public order offend- premature of me to comment further on future ing, the prevention of crimes of violence against staffing grant assistance to this group. persons and property and the maintenance of an environment where the quality of life of the resi- Garda Deployment. dents can be assured and consolidated. These 243. Mr. J. O’Keeffe asked the Minister for strategies are, and will continue to be, the core Justice, Equality and Law Reform the outcome value in policing plans for the area for the future. of pilot schemes of the new rostering programmes Additional supporting patrols are provided by in the gardaı´; the position regarding same at divisional units and detective branch personnel. present; and if he will make a statement on the Garda management will continue to monitor and matter. [4099/05] appraise the policing and administrative strategy employed in Marino with a view to ensuring an Minister for Justice, Equality and Law Reform effective Garda service is maintained. (Mr. McDowell): An agreed pilot scheme was implemented in the cities of Cork, Limerick and Child Care Services. Waterford between 20 March 2000 and 28 October 2002 in respect of those stations where 242. Mr. Wall asked the Minister for Justice, the three relief system operates — shift system Equality and Law Reform the position regarding covering 24 hours. Consultation took place correspondence about the application by a person between Garda management and the Association (details attached) for staffing grants; when a of Garda Sergeants and Inspectors and the Garda decision will be made; if there are problems in Representative Association during the pilot regard to the application; and if he will make a roster. statement on the matter. [4098/05] Having consulted with both associations, the Minister for Justice, Equality and Law Reform Commissioner introduced this roster on a perma- (Mr. McDowell): The equal opportunities child nent basis in Cork, Limerick and Waterford on care programme provides grant assistance 28 October 2002. The Garda authorities are towards the staffing costs of community and not examining the question of a pilot scheme in the for profit based child care services which have a Dublin Metropolitan Region. Under the new ros- clear focus on disadvantage. ter system, superintendents can determine the The group in question was awarded a staffing number of members required to meet demands at grant of \136,824, over three years in August peak times. Other members can be detailed for 911 Questions— 9 February 2005. Written Answers 912

[Mr. McDowell.] My Department has now written to the auth- non-peak times on the early and night tours of orities in question, enclosing a copy of the infor- duty. mation supplied by the applicant. I am not in a position to issue the document in question pend- Refugee Accommodation. ing a resolution of this matter. The applicant does not have refugee status. 244. Mr. Costello asked the Minister for Justice, Equality and Law Reform the reason for Registration of Title. choosing a premises (details supplied) in Dublin 1 as a refugee holding centre; the number of per- 246. Mr. Penrose asked the Minister for Justice, sons that can be accommodated in same; the Equality and Law Reform if steps will be taken further reason Broc House is not being used for to expedite a section 49 application by a person the purpose purchased; and if he will make a (details supplied) in County Westmeath; and if he statement on the matter. [4108/05] will make a statement on the matter. [4185/05] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): On 25 January 2005, I intro- (Mr. McDowell): This is an application under duced new arrangements were introduced for the Section 49 namely, acquisition of title by virtue of speedier processing of asylum applications by long possession, of the Registration of Title Act nationals of five states, Nigeria, Romania, 1964, which was lodged on 4 March 2004. Dealing Bulgaria, Croatia and South Africa. The new Number D2004XS003669E refers. arrangements also provide for the speedier pro- Due to their complicated nature, applications cessing of deportation orders for those applicants under section 49, which require detailed examin- who are found not to be in need of refugee pro- ation as owners, can take some time to process. tection and have no other protection or humani- Accordingly, it is not possible to estimate a com- tarian needs. Dedicated accommodation centres pletion date at this stage. This application is will provide accommodation for applicants receiving attention in the Land Registry. covered by the expedited arrangements. In order to facilitate the holding of interviews, hearings Special Educational Needs. and so forth these dedicated accommodation centres will be located in central Dublin. 247. Mr. Deenihan asked the Minister for Edu- cation and Science if she will sanction an It had been intended that a reception centre in additional special needs assistant for the autism central Dublin would be used for this purpose but unit at a school (details supplied) in County the reception and integration agency was forced Kerry; and if she will make a statement on the to close it late last year because of maintenance matter. [4109/05] problems. The situation has been further complicated by the unavailability since before Christmas Minister for Education and Science (Ms of the main reception centre in Dublin due to a Hanafin): The special class for autism has the ser- continuing outbreak of chicken pox. An alterna- vices of one classroom teacher and two special tive centre had to be sourced in the same general needs assistants to cater for six pupils. My area and the agency entered into a contract for Department is considering an application for an service with the proprietor of the premises men- additional special needs assistant at the school tioned in the question, which has a capacity of and a decision will be conveyed to the school as 110. quickly as possible. As I informed the Deputy last week, the expenditure which the Office of Public Works indicated Schools Building Projects. in 2004 would have to be incurred in bringing 248. Mr. O’Connor asked the Minister for Broc House up to regulatory standards would not Education and Science if she will report on plans be warranted. to provide educational facilities in the new communities in Ballycullen and Fortunestown in Visa Applications. Dublin 24; if her attention has been drawn to the 245. Dr. Upton asked the Minister for Justice, fact that many families must bus their children to Equality and Law Reform if a travel document schools outside the area; the consultations she has will be issued to a person (details supplied) in had in the matter; and if she will make a state- Dublin 12; and his views on documentation sub- ment on the matter. [4110/05] mitted on this person’s behalf to his Department and their prospects of obtaining an Albanian Minister for Education and Science (Ms passport. [4184/05] Hanafin): My Department meets regularly with the planning department of South Dublin County Minister for Justice, Equality and Law Reform Council with a view to identifying the need for (Mr. McDowell): The documentation submitted additional educational provision and reserving to the Department conflicts with certain other sites for schools, where required. Arising from information supplied independently to the this process, sites for primary school purposes Department by the authorities of the applicant’s have been reserved in the Ballycullen and For- country of origin. tunestown areas. 913 Questions— 9 February 2005. Written Answers 914

A decision on the provision of any new schools cational provision in an area, which will be the in these areas will involve further consultations basis on which all decisions about capital invest- with the local authority regarding the likely time- ment will be made for the next decade. scale for the delivery of proposed housing devel- The draft plan for the north Dublin, east Meath opments together with an ongoing assessment of and south Louth area is nearing completion in the the capacity of existing schools to meet antici- school planning section of my Department and I pated demand. hope to be in a position to publish it soon. With regard to Ballycullen specifically, a large scale building project for Ballycragh national Schools Recognition. school is progressing through the architectural 251. Ms O’Sullivan asked the Minister for Edu- planning process. This project will increase the cation and Science if she has received an appli- school’s capacity to 24 classrooms. I am satisfied cation for a new primary school in Laytown, that this measure will alleviate pressure for places County Meath; if she will make a decision in the in the area in the short to medium term. near future on this application in view of the large 249. Mr. Kenny asked the Minister for Edu- number of children who live in the area and cation and Science the situation regarding further cannot be accommodated in the existing national developments at a school (details supplied) in school; and if she will make a statement on the County Mayo; and if she will make a statement matter. [4113/05] on the allocation of money which will be made Minister for Education and Science (Ms available for these developments in 2005. Hanafin): My Department has received an appli- [4111/05] cation for the recognition of a new primary school in Laytown, County Meath, for September 2005. Minister for Education and Science (Ms As the Deputy may be aware, the new schools Hanafin): The project to which the Deputy refers advisory committee, which was established in is listed for proceeding to tender and construction 2002, independently assesses and makes recom- over the next 12 to 15 months. My Department’s mendations to me on all applications for the building unit held general information meetings recognition of new primary schools. Decisions in for all schools due to go to tender and construc- respect of applications for the recognition of new tion in the next 12 to 15 months to guide them schools with effect from the commencement of through the process involved in moving projects the 2005-06 school year will issue to applicants by to tender and construction. the 15 April 2005. These meetings took place on 31 January and 1 February in Tullamore and the school in question Alcohol Abuse. attended the meeting. My Department expects to be in contact with the school in the coming weeks 252. Mr. McGuinness asked the Minister for about the delivery of this project. It is not poss- Education and Science , further to Parliamentary ible to outline the allocation of money that will be Question No. 38 of 28 October 2004, if the infor- made available to this project until the tendering mation requested is now available; and if she will process is complete. make a statement on the matter. [4114/05] 250. Ms O’Sullivan asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if she has plans to establish a Hanafin): My Department will make direct con- post primary school in the Laytown area of tact with the Deputy shortly with the infor- County Meath to cater for the expanding popu- mation requested. lation in the area; and if she will make a statement on the matter. [4112/05] Schools Building Projects. 253. Mr. McGuinness asked the Minister for Minister for Education and Science (Ms Education and Science if her Department has Hanafin): As the Deputy will be aware, a new examined the plans for a school extension submit- school planning model involving published area ted by this Deputy on behalf of a school (details development plans is being piloted in five areas supplied) in County Kilkenny; the way in which over the current school year. Laytown is included the school should proceed to progress its interest in the pilot scheme as part of an overall plan for in the project; and if she will make a statement the north Dublin, east Meath, south Louth area. on the matter. [4115/05] The need for a new post-primary school in that area will be considered in this context. Minister for Education and Science (Ms The purpose of this new approach to school Hanafin): The project at the school to which the planning is to ensure that in future the provision Deputy refers has been assessed in accordance of school infrastructure will be decided only after with the published prioritisation criteria, which a transparent consultation process. Parents, trus- were revised following consultation with the edu- tees, sponsors of prospective new school and all cation partners. All available information was interested parties from a locality will have the taken into consideration in the context of this opportunity to have their voices heard in the pro- assessment. cess. Arising from this process, an individual plan Progress on the project is being considered in will set out the blueprint for the future of edu- the context of the school building programme. In 915 Questions— 9 February 2005. Written Answers 916

[Ms Hanafin.] the date of establishment to 128 in January 2005, this regard, the Deputy will be aware that I plus two psychologists on career break and one recently announced the first phase of the 2005 on assignment to another section of the school building programme which provided Department. details of 122 major school building projects Recruitment of psychologists has, until country wide which will prepare tenders and recently, been undertaken by the Civil Service move to construction during 2005. and Local Government Commissioners. The last This announcement is the first in a series of Civil Service Commission panel of 69 psychol- announcements I plan to make in the coming ogists has now been exhausted and arrangements period on the schools building and modernisation for the recently established public appointments programme that will include details of schools service to set up a new panel are at a preliminary identified as suitable for construction under stage. Further recruitment will depend on the public private partnerships; an expansion of the availability of resources and must also take number of schools that will be invited to deliver account of Government policy on public sector their building projects on the basis of devolved numbers. funding; details of schools with projects approved 256. Ms Enright asked the Minister for Edu- under the 2005 summer works scheme; schools cation and Science the number of primary schools whose projects will further progress through the in each county in the State; the number of these design process; and schools that will be author- schools in each county which are covered by the ised to commence architectural planning. National Educational Psychological Service; and if she will make a statement on the matter. Teachers’ Remuneration. [4309/05] 254. Mr. Ring asked the Minister for Education Minister for Education and Science (Ms and Science if teachers who have received back Hanafin): I attach the information requested by payments under the part-time legislation will the Deputy as an Excel spread sheet. The schools move up a point on the pay scale. [4116/05] listed as NEPS schools in the spreadsheet have Minister for Education and Science (Ms NEPS psychologists directly assigned to them and Hanafin): The issue of the reckoning of casual have access to the full NEPS service. and non-casual teaching service for the purpose All schools that do not currently have NEPS of incremental credit has been the subject of dis- psychologists assigned to them may avail of the cussions at the teachers conciliation council. As scheme for commissioning psychological assess- no agreement has been reached the issue is now ments, whereby the school can have an assess- being referred for arbitration in accordance with ment carried out by a member of the panel of the terms of the revised conciliation and arbi- private psychologists approved by NEPS and tration scheme for teachers. NEPS will pay the psychologist the fees for this My Department is not in a position to award assessment directly. Details of this process, and incremental credit for such service in second level the conditions that apply to the scheme, appear schools pending the outcome of the arbitration upon the Department’s website. hearing. NEPS provides assistance to all schools that suffer from critical incidents, regardless of Psychological Service. whether they have a NEPS psychologist assigned to them. The Deputy should note the significant 255. Ms Enright asked the Minister for Edu- expansion in the number of NEPS psychologists cation and Science the number of psychologists in recent years. There are now 128 psychologists employed by the National Educational Psycho- in NEPS, compared to just 43 in 1999. logical Service; and if she will make a statement With regard to in-school support for children on the matter. [4308/05] with learning difficulties, it should be noted that Minister for Education and Science (Ms the number of resource teachers has increased Hanafin): The complement of the National Edu- dramatically in recent years, from just 104 in 1997 cational Psychological Service, NEPS, has to 2,600 in 2004. This is in addition to the expan- increased from 43 psychologists — 30 in perma- sion in the number of special needs assistants for nent full-time posts and 13 on secondment — on children with disabilities.

Primary (not including special) Primary (including Special)

County NEPS schools Total Schools NEPS schools Total Schools

Carlow 13 43 13 44 Cavan 40 78 40 79 Clare 33 118 33 120 Cork 207 357 208 371 Donegal 64 174 64 176 Dublin 333 418 343 473 917 Questions— 9 February 2005. Written Answers 918

Primary (not including special) Primary (including Special)

County NEPS schools Total Schools NEPS schools Total Schools

Galway 184 235 184 239 Kerry 139 141 139 144 Kildare 38 95 39 99 Kilkenny 14 76 14 80 Laois 39 66 39 68 Leitrim 19 41 19 41 Limerick 16 142 18 148 Longford 10 39 10 40 Louth 39 70 40 73 Mayo 124 180 124 184 Meath 62 105 63 107 Monaghan 46 64 47 65 Offaly 45 66 45 67 Roscommon 38 95 38 96 Sligo 19 65 19 67 Tipperary NR 26 73 26 74 Tipperary SR 64 87 64 90 Waterford 32 73 33 77 Westmeath 26 74 26 77 Wexford 28 102 28 104 Wicklow 49 80 50 85

Total 1,747 3,157 1,766 3,288

Ministerial Transport. of the trips, including personnel and accommodation costs. [4093/05] 257. Mr. P. McGrath asked the Minister for Minister for Defence (Mr. O’Dea): The follow- Defence the occasions between June 2002 and ing table outlines the occasions on which the September 2004 on which the Government jet Minister for Environment, Heritage and Local was used to carry the Minister for the Envir- Government availed of the ministerial air trans- onment, Heritage and Local Government to con- port service between June 2002 and September ferences and trips abroad; the destination and 2004, the destination and duration of each trip duration of the trips; the number of persons car- and the number of persons carried on each ried on each occasion; and the total cost of each occasion.

Date Mission Details Flying Time Aircraft Number of persons carried

30/05/02-01/06/02 Baldonnel-New York-Baldonnel 13 hours 5 minutes Gulfstream IV 4 20/07/02 Billund(Denmark)-Cork-Dublin 2 hours 30 minutes Gulfstream IV 2 20/10/02-21/10/02 Dublin-Rotterdam- Dublin 3 hours Gulfstream IV 13 10/12/03 Baldonnel-Geneva-Milan 2 hours 55 minutes Gulfstream IV 7 01/03/04 Baldonnel-Brussels 1 hour 30 minutes Learjet 45 7 18/04/04 Baldonnel-Paris 1 hour 35 minutes Gulfstream IV 10 27/06/04- 28/06/04 Baldonnel-Luxembourg-Baldonnel 3 hours 30 minutes Learjet 45 7

The total flying cost of the Gulfstream IV is cal- night as part of a mission, they are reimbursed culated as \5,550 per hour, which includes fuel, for accommodation and subsistence at standard handling, maintenance, depreciation and person- Defence Forces rates. nel costs. Themanufacturer’s estimated direct hourly flying cost for the Learjet 45 is approxi- Planning Issues. \ mately 1,000 per hour — a more detailed costing 258. Mr. O’Dowd asked the Minister for the is not yet available for this aircraft, which came Environment, Heritage and Local Government into service in January 2004. his views on the claim of An Taisce that Kerry The personnel and accommodation costs County Council has overstepped its remit in incurred by the Minister and his travelling party drawing up a list of serial objectors to one-off are a matter for the Minister’s own Department. rural housing planning applications; and if he will Where Air Corps personnel are required to over- make a statement on the matter. [3985/05] 919 Questions— 9 February 2005. Written Answers 920

Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): My Department Local Government (Mr. Roche): I recently has not been approached either by An Taisce or received a copy of the PharmaChemical Ireland Kerry County Council about the compilation of a report, responsible care Ireland annual report, list of serial objectors nor does planning legis- 2004, and I welcome and encourage the efforts of lation envisage or accord any status to such a list. the industrial sector concerned towards improv- Kerry County Council has recently sent me a ing environmental performance. I am currently copy of a council resolution seeking an increase considering the detail of the report. to \250 in the fee for making a planning objection for anyone from outside the local electoral area Water Quality. in which a development is proposed to take place. I intend to reply to this correspondence shortly. 261. Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if Litter Pollution. he has received deputations from businesses which will be financially penalised by new charges 259. Mr. O’Dowd asked the Minister for the on dumping of waste water; his views on whether Environment, Heritage and Local Government if such charges will ultimately be borne by con- he has satisfied himself that the 140% increase in \ sumers through higher charges; and if he will expenditure on street cleansing from 25 million make a statement on the matter. [3994/05] in 1997 to \60 million in 2001 has realised a com- mensurate improvement in street cleanliness. Minister for the Environment, Heritage and [3989/05] Local Government (Mr. Roche): I have not received a request from the business sector to Minister for the Environment, Heritage and meet a deputation specifically about charges for Local Government (Mr. Roche): It is a matter for each local authority to determine the level of water services. The Government’s water services expenditure on individual local services, including pricing policy framework requires local auth- its cleansing and anti-litter operations, as part of orities to recover the cost of providing water ser- its annual estimates process. It is important, vices from the users of these services, other than however, that local authorities provide an households using water services for domestic pur- adequate level of funding for their street cleans- poses. In line with Government policy and EU ing and litter warden services. In this regard, requirements on the application of the polluter three national anti-litter initiatives — the An Tai- pays principle to water services, local authorities sce led project, national spring clean, the Irish are required to recover from all non-domestic business against litter, IBAL, national litter customers the average operational costs and the league, and the national litter pollution monitor- marginal capital costs of providing such users ing system — confirm that local authorities are with water and waste water services. taking more extensive, rigorous and targeted The operational charge by a local authority for action to tackle litter pollution and are also rais- the provision of such services to non-domestic ing public participation in local awareness and users under the water pricing policy framework is clean-up actions. I am pleased to note that these based on the actual cost of providing the service. initiatives show that national litter pollution lev- The capital contribution required of non- els generally are falling. domestic users towards the cost of new or Primary responsibility for developing and additional water treatment capacity is on a con- implementing responses to the litter problem cessionary basis related to the marginal cost of rests appropriately with local authorities. Since providing the additional capacity. I consider that the introduction of the Litter Pollution Act 1997, the basis on which these charges are calculated local authority performance on enforcement of is reasonable. the litter laws has improved significantly, with more litter wardens employed and substantial Waste Management. increases in the number of prosecutions taken and on-the-spot fines issued. 262. Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government Environmental Pollution. his views on the Environmental Protection Agen- cy’s discussion paper on centralised anaerobic 260. Mr. O’Dowd asked the Minister for the digestion released on 2 February 2005; and if he Environment, Heritage and Local Government will make a statement on the matter. [3995/05] his views on the report by PharmaChemical Ireland which claims that in the pharmaceutical Minister for the Environment, Heritage and and chemical sector carbon dioxide emissions Local Government (Mr. Roche): My Department were reduced by 12%, overall polluting potential has only recently received a copy of the Environ- of discharged waste waters decreased by 42% and mental Protection Agency’s discussion paper hazardous waste production was reduced by 13% Anaerobic Digestion: Benefits for Waste Man- ; and if he will make a statement on the agement, Agriculture, Energy and the Envir- matter. [3991/05] onment and is at present examining the paper. 921 Questions— 9 February 2005. Written Answers 922

Nuclear Plants. or incident having the potential for a major release of radioactivity affecting Ireland. There 263. Mr. O’Dowd asked the Minister for the are regular contacts at ministerial level between Environment, Heritage and Local Government if Ireland and the UK, particularly regarding Sella- and when his Department intends to draw up a field, which the Irish Government regards as pos- risk analysis of the world’s nuclear plants to ing the greatest risk because of the multiplicity of assess the plants which pose the greatest risk to operations carried on there. In addition, there are Ireland; and if he will make a statement on the regular contacts at official level with the UK matter. [4001/05] involving my Department and the RPII. Minister for the Environment, Heritage and As the House will be aware, Ireland has in Local Government (Mr. Roche): My Department place a national emergency plan for nuclear acci- does not propose at present to draw up a risk dents designed to ensure an effective and swift analysis of nuclear power plants world-wide. response to any such accident or incident at a There are various international bodies which nuclear installation abroad. Ireland also has in work to ensure that nuclear power plants place a formal bilateral agreement with the UK throughout the world comply with strict safety in regard to early notification and exchange of standards. These bodies include the International information in the event of a major nuclear acci- Atomic Energy Agency, IAEA, the Nuclear dent or radiological emergency occurring in Energy Agency, NEA, and the European Union, either country. There are also internationally EU. The operation of a nuclear power plant is managed early warning notification systems in regulated by the national competent authority of place whereby, through the IAEA and the EU the country on whose territory the plant is Commission as appropriate, states are notified located. It is regulated in accordance with safety promptly of a major accident or incident. standards laid down by the competent authority Ireland regularly participates in meetings held and having regard also to international safety by relevant international organisations such as standard requirements, notably those of the the IAEA, the NEA and the EU in order to be IAEA which are regularly updated. informed of developments in nuclear safety and In addition, in the context of the recent security and to influence developments in those enlargement of the EU, particular requirements areas. Overall, therefore, given the measures in in regard to nuclear safety were imposed on those place both at national and international level for acceding countries with nuclear installations. regulating and overseeing safety in nuclear power These requirements followed a review by an EU plants, it would not be my Department’s inten- working party on nuclear safety, made up of tech- tion to carry out a risk analysis of nuclear facili- nical experts from the EU national regulatory ties worldwide. authorities which included the Radiological Pro- tection Institute of Ireland, RPII, of the safety Waste Management. standards applied in the accession countries. The 264. Mr. O’Dowd asked the Minister for the relevant accession countries were required, where Environment, Heritage and Local Government if deemed necessary, to upgrade safety standards in the waste infrastructure capital grant scheme will their nuclear power plants to western European be made available to the private sector. standards, or, where this is not possible, to close [4002/05] down the plants. The Convention on Nuclear Safety, adopted Minister for the Environment, Heritage and under the aegis of the IAEA, establishes a legal Local Government (Mr. Roche): When the capi- obligation on the part of the contracting parties tal grants scheme was launched it was intended to the convention to apply certain general safety that it be made available to both public and principles to nuclear power plants under their private sector applicants. The latter, however, jurisdiction. The parties to the convention are was conditional on obtaining the necessary state also required to submit a report to the IAEA aid approval from the European Commission. As every three years on the steps they are taking to it transpired, the state aid approval given was of implement the obligations of the convention. a limited nature. In the interim, however, the These national reports are discussed and industry’s scale increased very significantly over reviewed at a peer review meeting of the con- a short period of time, a marked process of contracting parties convened every three years by the solidation became evident and some of the pro- IAEA. This peer review process allows each jects for which grant applications had been sub- party the opportunity to discuss and question, as mitted proceeded in any case. appropriate, the national reports submitted by It became clear, therefore, that a grant scheme the other parties. Ireland will be participating in for private companies would be more likely to the next peer review meeting which will take distort competition in the sector or to impact on place in April 2005. enhancing acquisition values in the context of Given their proximity to Ireland, the nuclear industry consolidation, than to have a significant facilities in the UK, notably the Sellafield plant effect on the provision of recycling and recovery and also the power generating plant at Wylfa in infrastructure. On foot of this, my predecessor North Wales, would pose the most immediate decided that it would be more effective to threat to Ireland in the event of a major accident redeploy the funding in question to other related 923 Questions— 9 February 2005. Written Answers 924

[Mr. Roche.] responsibility obligations described above apply initiatives and in particular towards greater to all producers obligated under the packaging enforcement of waste legislation. The latter regulations, including any new entrants to the measure had been strongly advocated by the Irish market. industry, to address the problem of unfair competition from contractors operating outside the law. Archaeological Site. I have no plans to reverse this decision. 266. Mr. O’Dowd asked the Minister for the 265. Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government he attended meetings with the Orange Order con- his views on whether an increase in the purchase cerning the historical significance of the Battle of of so called flat pack furniture may lead to an Aughrim site in County Galway which is the pro- increased packaging waste stream; and if he will posed location of the M6; and if he will make a make a statement on the matter. [4004/05] statement on the matter. [4014/05] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): I have not Local Government (Mr. Roche): European Par- attended such meetings regarding the Aughrim liament and Council Directive 94/62/EC on pack- battle site. The development of motorway aging and packaging waste is premised on the schemes is a matter for the NRA and the local principle of producer responsibility which authority concerned and I understand an appli- requires waste producers to contribute to the cation for approval of the M6 scheme is currently waste management costs of products which they before An Bord Pleana´la. have placed on the market at end of life. Under the directive, Ireland was required to achieve a Regional Authorities. 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 267. Mr. O’Dowd asked the Minister for the December 2005. Environment, Heritage and Local Government Practical implementation of the directive in the nature of his Department’s contact with Ireland is by way of a producer responsibility regional authorities; his views on whether the initiative, underpinned by the Waste Manage- structure of these authorities is working well and ment (Packaging) Regulations 2003, as amended, offering value for money; and if he will make a which replaced earlier regulations introduced in statement on the matter. [4016/05] 1997. Under the regulations, producers are Minister for the Environment, Heritage and required to take steps to recover packaging waste Local Government (Mr. Roche): My Department or alternatively to contribute to, and participate is in regular contact, at both designated local in, compliance schemes set up to recover packag- authority manager and director levels, with ing waste. regional authorities in relation to their role in the Packaging waste recovery is organised mainly co-ordination of public services at regional level. through a collective industry based compliance The preparation of regional planning guidelines scheme operated by Repak Limited, established under the national spatial strategy has also by Irish industry in 1997 to promote, co-ordinate involved close and ongoing contact by my and finance the collection and recovery of pack- Department with all of the regional authorities. aging waste with a view to achieving Ireland’s My Department was represented, along with packaging waste recovery and recycling targets other relevant interests, on the steering commit- under Directive 1994/62/EC on packaging and tees chaired by the regional authorities which packaging waste, which is the only such approved oversaw the preparation of the regional planning compliance scheme. Significant progress has been guidelines. This close co-operation will continue made in the recovery of packaging waste and in as the regional planning guidelines are 2001, Ireland assisted by Repak, met the target of implemented over the coming years. As part of 25% packaging waste recovery target required by this process, officials of my Department meet the directive. regularly with a national committee which com- The latest indications are that Ireland is on prises the directors of the regional authorities course to meet the higher recovery and recycling along with the designated local authority man- targets specified for end 2005. The EPA has agers for each region. Before drafting the guide- reported in its national waste database interim lines, the authorities, in line with guidance issued report for 2003 — published in December 2004, by my Department, prepared regional strategies that packaging waste recovery increased to 42% for the economic, social and cultural development in that year, up from 33% in 2002. The placing of their regions as a whole, which inter alia on the market of any product, including flat pack informed the regional planning guidelines furniture, will inevitably contribute to waste gen- process. eration both in terms of the product itself at the My Department also facilitated the establish- end of its useful life and the packaging associated ment of an Irish Regions Office in Brussels and with the containment, transport, handling, protec- provides assistance and support to the members tion, promotion, marketing and/or sale of the of the Irish delegation to the committee of the product concerned. The normal producer regions who are also members of the regional 925 Questions— 9 February 2005. Written Answers 926 authorities. Regional authorities play a role as In communications with local authorities on regional partners in support of the implemen- procurement, my Department provides advice tation of development programmes funded by and information regarding the inclusion of European Structural Funds. The regional auth- environmental criteria in the award of contracts. orities are assisted in this and other functions by Furthermore, the national construction and senior officers of the local authorities and State demolition waste council, the national waste pre- agencies in their regions and representatives of vention committee and the market development Government Departments. group will be considering issues relating to the In light of the important contribution of the advancement of green procurement. regional authorities to regional development in Ireland, I have no proposals to amend their EU Directives. structure. 270. Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government Question No. 268 answered with Question his views on the guidelines for regional and plan- No. 78. ning authorities on strategic environmental assessment submitted by Comhar; and if he will Environmental Policy. make a statement on the matter. [4048/05] 269. Mr. O’Dowd asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): On 26 Nov- the action he intends to take to promote a green ember 2004, I published planning guidelines for purchasing policy on foot of the publication of regional and planning authorities on implemen- the EU handbook on environmental public pro- tation of Directive 2001/42/EC on the assessment curement; and if he will make a statement on the of the effects of certain plans and programmes on matter. [4041/05] the environment — commonly known as the Minister for the Environment, Heritage and “SEA directive”. A copy of the guidelines has Local Government (Mr. Roche): The EU hand- been placed in the Oireachtas Library. book on environmental public procurement was The guidelines were finalised following a public published in October 2004 by the European Com- consultation process which involved consider- mission and has the aim of explaining to public ation of 26 submissions, including a submission purchasers how to integrate environmental con- from Comhar. siderations into their purchasing practices for goods and services. Waste Management. The Department of Finance has responsibility 271. Mr. O’Dowd asked the Minister for the for public procurement policy. The website Environment, Heritage and Local Government www.etenders.gov.ie, maintained by the national the progress to date on the cross-Border waste public procurement policy unit of the Depart- awareness campaign; and if he will make a statement of Finance, contains comprehensive guid- ment on the matter. [4051/05] ance on all aspects of public procurement including the EU handbook and other guidance and Minister for the Environment, Heritage and clarification for public bodies on how environ- Local Government (Mr. Roche): The cross- mental considerations may be taken into account Border waste awareness campaign referred to and promoted in public procurement. The was launched on 14 September 2004 and was Department of Finance has indicated that the e- completed in December 2004. The cost of the tenders website is to be the principal means of campaign was \3.2 million of which 75% was pro- disseminating procurement guidance. vided from EU structural funds under priority 2, My Department actively promotes green pro- measure 2 of the INTERREG IIIA programme curement in a number of ways by adopting green administered through the special European procurement specifications for goods and services Union programmes body. purchased for use by the Department itself and The project was designed to support the imple- reporting on this in our annual report and on our mentation of the Waste Management Strategy for website; encouraging and facilitating the Govern- Northern Ireland, 2000, and my Department’s ment Supplies Agency to include a range of Changing Our Ways, 1998, and Preventing and environmentally preferable products in their sup- Recycling Waste: Delivering Change, 2002, policy ply contracts for Government Departments and statements. These strategies are intended to hosting green trade fairs for procurement officers achieve fully sustainable waste management. The from across the public service. The second such funding enabled an all-island waste awareness fair is scheduled for the end of this month, to campaign to be conducted that focussed primarily coincide with the publication of a green procure- on the cross-Border regions. ment specifications booklet by my Department. It is recognised that raising awareness is central The booklet will outline basic environmental to achieving fully sustainable waste management criteria for a number of office products and ser- and both North and South have initiated innov- vices by participating in a tender for the supply ative branded marketing campaigns “Wake up to of green electricity as part of a contract being Waste” and “Race Against Waste” to support the organised by the Department of Finance. implementation of their policies and waste man- 927 Questions— 9 February 2005. Written Answers 928

[Mr. Roche.] mation on activity and behaviour in the cross- agement plans. Both campaigns have been suc- Border area. cessful in raising awareness of the need to reduce An evaluation of the campaign outcomes is waste and have identified the willingness of indi- currently in progress. viduals to participate in waste reduction and recycling measures. The INTERREG campaign Ministerial Responsibilities. complemented and gave additionality to these 272. Mr. O’Dowd asked the Minister for the campaigns. Environment, Heritage and Local Government The main objective of the campaign was to the number of times he has met the County and reduce the volume of waste going to landfill and City Managers Association; the topics which were increase the recycling of waste materials in the discussed; and if he will make a statement on the cross-Border area. The approach taken incorpor- matter. [4052/05] ated the following elements: a TV advertising 273. Mr. O’Dowd asked the Minister for the campaign, incorporating a common advert for Environment, Heritage and Local Government both jurisdictions; radio advertising on local the number of times he has met with the General stations, North and South; weekly and trade press Council of County Councils; the topics which to reinforce messages across the island with tar- were discussed; and if he will make a statement geting of publications in the border areas; on the matter. [4054/05] development of a dedicated website highlighting the innovative cross-border activities under the 274. Mr. O’Dowd asked the Minister for the INTERREG banner with links pages to Wake up Environment, Heritage and Local Government to Waste and Race Against Waste websites; pro- the number of times he has met with LAMA; the duction of fridge magnets for distribution by local topics which were discussed; and if he will make authorities to reinforce the messages transmitted a statement on the matter. [4055/05] through other media and extend their impact Minister for the Environment, Heritage and beyond the life of the campaign; e-marketing Local Government (Mr. Roche): I propose to through advertising on selected web sites; cinema answer Questions Nos. 272, 273 and 274 together. advertisements; advertisements displayed on Since coming into office I have had a number buses and billboards displayed in supermarkets of meetings with representatives of local govern- and shopping centres; high profile public launch ment organisations — the General Council of of the campaign in the Border area; a cross- County Councils, GCCC, Local Authority Border workshop event on 8 November which Members Association, LAMA, Association of brought together consumers, businesses and the Municipal Authorities of Ireland, AMAI, and the community to identify networking opportunities City and County Managers’ Association, CCMA. during the media campaign and research and Details of those meetings are contained in the tracking to measure outcomes and provide infor- following table.

Date Organisation Topics Discussed

12 November 2004 LAMA Addressed the Annual Conference in Dundalk, Co. Louth 10 December 2004 GCCC, AMAI, LAMA Met with Cathaoirleach/ Chair /President and members of executives at annual Christmas lunch for local authority associations. 19 January 2005 GCCC Introductory meeting with the executive of the GCCC. Discussion covered a range of matters of concern to local government, including local authority housing programmes, local authority funding, rural housing and planning guidelines, waste management, retail planning guidelines, the quality of local authority service delivery, costs associated with translation of documents into Irish and the release of volunteer local authority personnel to work in disaster struck areas damaged by the recent tsunami. 31 January 2005 AMAI Meeting with delegation. Topics discussed included town council representation on County/ City Development Boards (CDBs), the review of local government financing; Municipal Policy Committees (MPCs); representational payments for town councillors and town local government. 6 December 2004 CCMA In conjunction with the Management Advisory Committee of my Department, I met with the Chairman of the CCMA, and the Chairs of the CCMA Sub-Committees, and had a broad-ranging discussion covering a number of housing, planning, waste management, local government, financing and service delivery issues.

In addition, I have accepted invitations to address versary conference later that month. I will also be the AMAI spring seminar in February and the meeting again with the executive of GCCC in the annual conference of the GCCC in March. I have near future. I consider it very important to meet arranged to meet with a delegation from LAMA with all their representative associations on a reg- in March prior to my addressing their 25th anni- ular basis in order to maintain an up to date 929 Questions— 9 February 2005. Written Answers 930 exchange of ideas on matters concerning local Architectural Heritage. government. 278. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Question No. 275 answered with Question the extent to which representations, discussions No. 73. or negotiations have been made or received with reference to the possible preservation or resto- Planning Issues. ration of Donadea Castle and ancillary buildings, 276. Mr. Naughten asked the Minister for the having regard to their historical significance. Environment, Heritage and Local Government if [4287/05] all outstanding documentation concerning the introduction of the rural planning guidelines has Minister for the Environment, Heritage and been furnished to local authorities; the number of Local Government (Mr. Roche): Donadea Castle local authorities which have amended their and its associated buildings are an integral part of development plan to implement the new guide- Donadea Forest Park, which is owned and man- lines; and if he will make a statement on the aged by Coillte Teoranta. Any development pro- matter. [4126/05] posals in respect of the property would, in the first instance, be a matter for that organisation. Minister for the Environment, Heritage and My Department has not been approached by Local Government (Mr. Roche): In March 2004 Coillte Teoranta regarding the possible resto- guidelines for planning authorities on sustainable ration of the castle. rural housing were published in draft form for public consultation to give all those interested an Water and Sewerage Schemes. opportunity to comment before the guidelines are 279. Mr. Durkan asked the Minister for the finalised. I expect to be in a position to issue the Environment, Heritage and Local Government if guidelines in final statutory form shortly. any procedures have been put in place to entirely On the publication of the draft guidelines plan- eliminate the escape of methane gas at Main ning authorities and An Bord Pleana´la were Street, Leixlip, County Kildare; and if he will urged to put the measures necessary to make a statement on the matter. [4288/05] implement the guidelines in place immediately in respect of their development plans and in the pro- Minister for the Environment, Heritage and cessing of relevant planning applications. My Local Government (Mr. Roche): The lower Lif- Department does not have detailed information fey valley sewerage scheme is included in my on the steps taken by planning authorities to Department’s water services investment prog- amend their development plans to implement the ramme 2004 to 2006 to commence construction draft guidelines. When issued in their final form, this year. The scheme, under which the waste the guidelines will constitute statutory ministerial water collection systems in Leixlip, Kilcock, planning guidelines under section 28 of the Plan- Straffan, Celbridge and Maynooth will be ning and Development Act 2000, to which plan- upgraded and improved, also includes measures ning authorities and An Bord Pleana´la will be to eliminate odours from the existing collection required to have regard in exercising their plan- system in Leixlip’s main street. ning functions. Contract documents for the scheme, which were received in my Department from Kildare Water and Sewerage Schemes. County Council this week, are under examination 277. Mr. Wall asked the Minister for the Envir- and will be dealt with as quickly as possible. onment, Heritage and Local Government the position regarding a proposed new sewerage Waste Management. scheme (details supplied); if funding has been 280. Mr. Durkan asked the Minister for the provided; the timescale for the commencement of Environment, Heritage and Local Government the scheme; and if he will make a statement on the projected waste management disposal the matter. [4203/05] requirements for the future; the extent to which is it expected to meet these requirements; and if Minister for the Environment, Heritage and he will make a statement on the matter. Local Government (Mr. Roche): A sewerage [4289/05] scheme to serve the Curragh, Brownstown, Cut- bush and Suncroft areas of County Kildare has Minister for the Environment, Heritage and been approved for construction in my Depart- Local Government (Mr. Roche): Waste management’s water services investment programme ment infrastructure requirements in each region 2004 to 2006 at an estimated cost of \8.2 million. are identified in regional waste management The scheme is being funded jointly by my Depart- plans by the relevant local authority or group of ment and by the Department of Defence. local authorities. These plans are under review at My Department conveyed approval to Kildare present and I expect that they will identify the County Council’s tender recommendations in range of waste management infrastructure respect of the scheme in July 2004 and it is matter required to deliver an integrated waste manage- for the council to arrange with the appointed con- ment strategy maximising the reuse, recycling and tractors for the carrying out of the works. recovery options and dealing with residual waste 931 Questions— 9 February 2005. Written Answers 932

[Mr. Roche.] Environment, Heritage and Local Government in the most environmentally sustainable way the extent to which Ireland’s commitment to the possible. Kyoto Protocol has been achieved; his plans for Local authorities are responsible for delivering the future in this regard; and if he will make a on the requirements identified in their plans, statement on the matter. [4293/05] whether through direct provision, public private partnerships or through co-operation with private Minister for the Environment, Heritage and sector operators. Where local authorities identify Local Government (Mr. Roche): As part of the infrastructure needs in their waste management overall EU commitment to reduce greenhouse plans, that must be seen as a real commitment to gas emissions by 8% during the Kyoto Protocol ensuring that need is addressed, and in a timely period 2008-12, Ireland is committed to limiting fashion. I will expect regions to report on pro- emissions to 13% above 1990 levels. Greenhouse gress in meeting the needs identified in their gas emissions figures from the Environmental plans and to maintain the current momentum in Protection Agency show emissions in 2003 at addressing existing deficits and developing a truly approximately 25% above 1990 levels, down from integrated, well-managed and well-regulated set approximately 29% in 2002 and 31% in 2001. of waste management facilities. These figures show that significant progress is being made towards the 13% target. Road Network. Work is currently in progress in my Depart- ment on a review of the national climate change 281. Mr. Durkan asked the Minister for the strategy, taking account of developments since its Environment, Heritage and Local Government if publication four years ago. I intend that this he has received any submissions from Kildare review will be completed early this year. County Council in regard to improvement, realignment or replacement of Cope Bridge, Con- Waste Disposal. fey, Leixlip, County Kildare; and if he will make a statement on the matter. [4291/05] 284. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and the number of locations throughout the country Local Government (Mr. Roche): The improve- in respect of which illegal dumping is suspected ment and realignment of non-national roads and or detected; and if he will make a statement on bridges in County Kildare is a matter for Kildare the matter. [4294/05] County Council to be funded from its own resources supplemented by State grants. Minister for the Environment, Heritage and In 2004, my Department sought applications Local Government (Mr. Roche): The information from road authorities for funding under the 2005 requested is not available in my Department. The EU co-financed specific improvements grant enforcement of the waste code is a matter for scheme. Kildare County Council submitted a each individual local authority and the Office of number of applications but these did not include Environmental Enforcement The office has con- an application for funding for Cope Bridge. solidated environmental enforcement activity through the establishment of a national enforce- 282. Mr. Durkan asked the Minister for the ment network. The initial focus of the network is Environment, Heritage and Local Government on dealing with unauthorised waste activity. In the extent to which negotiations have been this regard, the office has commissioned a study entered into or completed with Kildare County on unauthorised waste activities that is due to be Council with regard to road and bridge realign- completed in mid-2005. This will include, inter ments at Bond Bridge, Maynooth, County alia, establishing as completely as possible the Kildare; if these plans will reach fruition in the extent and location of such unauthorised waste near future; and if he will make a statement on activities, reviewing current procedures and the matter. [4292/05] developing improved guidance for investigation of unauthorised activities. Minister for the Environment, Heritage and Local Government (Mr. Roche): The improve- Water and Sewerage Schemes. ment and realignment of non-national roads and bridges in County Kildare is a matter for Kildare 285. Mr. Durkan asked the Minister for the County Council to be funded from its own Environment, Heritage and Local Government resources supplemented by State grants. the current daily domestic household water In 2004, my Department sought applications requirement; the requirements for industry; the from road authorities for funding under the 2005 maximum storage space and time available; and EU co-financed specific improvements grant if he will make a statement on the matter. scheme. Kildare County Council submitted a [4296/05] number of applications but these did not include 292. Mr. Durkan asked the Minister for the an application for funding for Bond Bridge. Environment, Heritage and Local Government if he has satisfied himself regarding the adequacy of Greenhouse Gas Emissions. domestic water treatment, storage and supply in 283. Mr. Durkan asked the Minister for the the future for County Kildare; his plans in this 933 Questions— 9 February 2005. Written Answers 934 regard; and if he will make a statement on the Environment, Heritage and Local Government matter. [4303/05] the total all in costs to date of the electronic voting system, including training, promotion, mar- Minister for the Environment, Heritage and keting, public relations, research, technology or Local Government (Mr. Roche): I propose to take Questions Nos. 285 and 292 together. any other cost associated with the procedure or Average domestic water consumption in likely to become a cost in the future; and if he Ireland is estimated at 250 litres per person per will make a statement on the matter. [4298/05] day. The requirements for industry will vary due Minister for the Environment, Heritage and the nature of the industry. To meet anticipated Local Government (Mr. Roche): The total cost to demand for water for domestic and non-domestic date of the electronic voting and counting project consumption, the national development plan pro- is \51.6 million. Apart from annual storage costs, vides for investment of \4.4 billion in water ser- details of which are given in the reply to Question vices infrastructure up to the end of 2006. Sub- No. 93 on today’s Order Paper, it is not possible stantial increases in water treatment and storage at this stage to quantify additional costs that may capacity are being achieved as a result of this arise for the electronic system. Such costs are increased investment. Schemes completed since likely to be small relative to the capital invest- 1997 have produced additional drinking water ment already made. treatment capacity equivalent to the needs of a population of 985,000. The increase in storage Question No. 288 answered with Question capacity over the same period was sufficient to No. 99. meet the requirements of a population of 1,575,000. Local Authority Housing. In support of the water services activities of local authorities, my Department coordinates and 289. Mr. Durkan asked the Minister for the finances a major programme of investment in Environment, Heritage and Local Government improved infrastructure, active leakage control, the total acreage of land held by the various local telemetry and rehabilitation of water mains. authorities throughout the country; the number Details of approved proposals for further new of houses provided on such lands in the past five and upgraded public water supply schemes for years; the amount of any such lands disposed of Kildare and other areas are set out in my Depart- and the purpose for which in the same period; ment’s water services investment programme for and if he will make a statement on the matter. 2004-06, which is available in the Oireachtas [4300/05] Library. This programme is largely derived from 290. Mr. Durkan asked the Minister for the assessments of needs undertaken every five years Environment, Heritage and Local Government by local authorities, at my Department’s request, the extent to which local authorities have aug- as an input to the overall strategy for meeting mented their land bank, with particular reference additional water supply requirements. The most to future housing needs; and if he will make a recent assessment was carried out in 2003. statement on the matter. [4301/05] The planning and resources are in place to ensure that the national water supply infrastruc- Minister of State at the Department of the ture can cater adequately for current and fore- Environment, Heritage and Local Government cast requirements. (Mr. N. Ahern): I propose to take Questions Nos. 289 and 290 together. Local Authority Housing. Details of the total acreage of land held by 286. Mr. Durkan asked the Minister for the local authorities are not available in the precise Environment, Heritage and Local Government form requested. Data on zoned land owned by the number of local authority houses provided each local authority as at June 2004 were sought directly by each of the local authorities in each of by them as part of the national inventory of the past five years; and if he will make a state- zoned residential land survey. While the overall ment on the matter. [4297/05] results of this survey were published this week, the remaining data have not yet been fully col- Minister of State at the Department of the lated or verified. These data will be provided to Environment, Heritage and Local Government the Deputy when available but it will only pro- (Mr. N. Ahern): Detailed information on the vide a picture at one point in time. number of local authority houses Broader data on total land holding by local completed/acquired by individual local auth- authorities will be reflected in the local authority orities for 2000-03 is published in my Depart- accounting system under the accruals accounting ment’s annual housing statistics bulletins, copies basis. Details are not yet available as returns, con- of which are available in the Oireachtas Library. taining the value of both zoned and un-zoned The information for 2004 is being finalised at lands held by the local authorities at 31 present and will be published shortly. December 2004, are currently being submitted to the Department. Details of disposal of lands and Election Management System. the purpose of disposals are matters for the local 287. Mr. Durkan asked the Minister for the authorities concerned. 935 Questions— 9 February 2005. Written Answers 936

[Mr. N. Ahern.] the requirements of European quality assurance Many local authorities have incurred bor- standards, the analysis of assessment methods rowing in recent years to build up their land and co-ordination within the State of Com- banks for social and affordable housing purposes. munity-wide quality assurance programmes In total, \438 million has been borrowed between organised by the Commission of the European 2000 and 2004 from the Housing Finance Agency Communities. for this purpose. With the passing of the Planning The 2002 air quality monitoring annual report and Development Act 2000, as amended, local published by the Environmental Protection authorities have the option of acquiring land or Agency contains details of the monitoring and sites from developers to meet these needs. assessment of national air quality, including Full information on social and affordable hous- details for County Kildare. A copy of the report is ing provision is available in the statistical bull- available in the Oireachtas Library, as is Kildare etins on the Department’s website and the County Council’s annual report on ambient air Oireachtas Library. Output under schemes, which quality for 2003-04. would be specifically built on land acquired by Neither Kildare County Council nor the EPA local authorities, is set out in the following table. has drawn my attention to any particular issue in regard to air quality in County Kildare on the Local authority Social Local authority basis of the most recent data available to these housing units new affordable housing units bodies. build under 1999 Scheme Question No. 292 answered with Question 1999 2,909 40 No. 285. 2000 2,204 86 2001 3,622 272 Road Network. 2002 4,403 882 293. Mr. Gilmore asked the Minister for the 2003 4,516 1,524 Environment, Heritage and Local Government if he intends to make a decision on the application The figures would not include full provision of submitted to him from the roads authority for the social and affordable housing by the local auth- carrying out of a programme of archaeological orities as other measures, most particularly works and mitigation measures in regard to the acquisitions including turnkey projects and let- proposed route of the M3 through the tings of existing stock, form an important element Tara/Skryne valley; if his attention has been of their response to social housing need. drawn to the serious concerns expressed by archaeological experts at the implications of the Air Quality. proposed route; and if he will make a statement on the matter. [4091/05] 291. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and the number of air pollution monitoring points Local Government (Mr. Roche): An Bord located throughout County Kildare; the extent to Pleana´la, which has an independent statutory which modern technology is being used; if read- mandate, is responsible under the Roads Act ings have given any information of interest to his 1993 for the approval of motorway schemes fol- Department; and if he will make a statement on lowing an assessment of the environmental the matter. [4302/05] impact of the proposal. In the case of the M3 motorway, the process involved a detailed Minister of State at the Department of the environmental impact assessment, in which Environment, Heritage and Local Government archaeological considerations and other factors (Mr. B. O’Keeffe): Air quality assessment is the were extensively addressed, and a lengthy public responsibility of the Environmental Protection oral hearing, which was conducted by the board. Agency and air quality management a matter for Following this process the motorway scheme, local authorities informed by air quality measure- including the route of the proposed M3, was ment data. The extent of local air quality moni- approved by An Bord Pleana´la in August 2003. toring and the adequacy of monitoring equipment Under the National Monuments (Amendment) is a matter for the relevant local authority in the Act 2004, once a motorway scheme has been first instance and in consultation with the agency approved by An Bord Pleana´la, any associated in the overall national context. archaeological works that are to be undertaken The Environmental Protection Agency Act in connection with the approved road must be (Ambient Air Quality Assessment and carried out in accordance with directions issued Management) Regulations 1999 designate the by the Minister for the Environment, Heritage EPA as the competent body for assessing air and Local Government, following consultation quality in Ireland. This includes responsibility for with the director of the National Museum of ensuring, or causing to be ensured, that air quality Ireland. This procedure is designed to ensure that monitoring equipment is accurate, and checking, appropriate standards apply to the carrying out or causing to be checked, the maintenance of of archaeological works in connection with an equipment accuracy, in particular by internal approved road development. quality controls carried out in accordance with 937 Questions— 9 February 2005. Written Answers 938

In the case of the M3 motorway, an application levels of completions have been achieved over for the carrying out of a programme of archaeol- the period of the plan. The shortfall in achieving ogical works and mitigation measures on a por- output targets can for the main part be attributed tion of the route has been made by the road auth- to higher than anticipated construction costs. This ority to my Department and is at present being factor has been acknowledged in external eval- considered. I have seen much media coverage and uations of the programmes, which also indicate received various representations in regard to this that the expenditure on social housing was mak- scheme. These offer a variety of views from a ing positive impacts in terms of tackling poverty range of parties, both on archaeological issues and social exclusion. and the need for the scheme to proceed. The Government’s decision to introduce multi- However, as I have indicated, the statutory role annual capital investment programmes provides of the Minister relates solely to the regulation of an important opportunity to ensure a structured the archaeological works associated with the pro- basis for the planning and delivery of all social posed development. and affordable housing programmes. Through In determining the matter, I will receive advice five year action plans for social and affordable from the archaeological staff of my Department housing developed by local authorities, resources and I will also, in accordance with the Act, con- will be used to best effect. The plans will be used sult with the director of the National Museum of to maximise output and value for money and Ireland before directions are issued. I intend that ensure that priority is given to those most in need. a decision on the matter will be made as soon Overall, the priority is to ensure that housing is as possible. delivered in a manner which breaks cycles of dependency and disadvantage. National Development Plan. On waste management, the last six months of 294. Mr. Gilmore asked the Minister for the 2004 have seen significant progress both on local Environment, Heritage and Local Government if authority recycling and recovery and disposal his attention has been drawn to the serious con- infrastructure. In terms of grant assistance, my cern expressed by the Institute of Engineers of Department has made some \50 million available Ireland regarding the failure to meet targets set to date for over 90 projects. out in the national development plan, particularly I do not consider it opportune at this time to in regard to housing and waste management; the create a national waste management agency to steps he proposes to take to deal with these promote waste infrastructure, as recommended in delays; if he will act on the institute’s recom- the report; a more urgent issue at present may be mendation for the creation of a national waste to advance arrangements for the improved econ- management agency; and if he will make a state- omic regulation of waste infrastructure. ment on the matter. [4092/05] On the regionalisation of waste management Minister for the Environment, Heritage and planning, the rationale is to ensure local auth- Local Government (Mr. Roche): I am satisfied, orities assume greater responsibility for dealing having regard in particular to the mid-term with waste in their functional areas, including review of the national development plan over- working in collaboration with neighbouring auth- seen by the Economic and Social Research orities and giving consideration to the role of the Institute, in cooperation with a number of con- private sector. My Department has asked local sultancy firms, that progress on the various NDP authorities to ensure there is effective engage- programmes and measures falling within the ment with the private waste industry in the con- remit of my Department has been generally satis- text of review of the waste management plans. factory. I am determined that we will continue to The report recommends making the waste make progress on achieving our targets for the infrastructure capital grants scheme available to remainder of the programme and I am committed the private sector. When the capital grants to maintaining a high level of activity around scheme was launched it was intended that it be those measures which are the responsibility of made available to both public and private sector my Department. applicants. The latter, however, was conditional In including housing as a major area of activity on obtaining the necessary state aid approval under the national development plan, the from the European Commission. As it transpired, Government demonstrated its commitment to the state aid given was of a limited nature. In the increasing support for social and affordable hous- interim, however, the industry’s scale increased ing programmes. Since the plan’s inception in very significantly over a short period of time, a 2000 the needs of almost 60,000 households have marked process of consolidation became evident been met under the range of social and affordable and some of the projects for which grant appli- housing programmes. Between 2000 and the end cations had been submitted proceeded in any of 2004 provisional out-turn figures show invest- case. ment under the housing aspect of the NDP is It became clear, therefore, that a grant scheme 10% ahead of forecast. for private companies would be more likely to While output levels for social housing by the distort competition in the sector or to impact on local authority and voluntary sector have been enhancing acquisition values in the context of less than envisaged in the NDP targets, record industry consolidation than to have a significant 939 Questions— 9 February 2005. Written Answers 940

[Mr. Roche.] industry, to address the problem of unfair compe- effect on the provision of recycling and recovery tition from contractors operating outside the law. infrastructure. On foot of this my predecessor Good progress is being made on the measures decided that it would be more effective to under the national development plan which come redeploy the funding in question to other related within the remit of my Department. I accept, initiatives and in particular towards greater however, that we must constantly renew our enforcement of waste legislation. The latter efforts to maximise the opportunities for econ- measure had been strongly advocated by the omic and social progress under the plan.