Vol. 632 Thursday, No. 2 22 February 2007

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 22 February 2007.

Requests to Move Adjournment of Da´il under Standing Order 31 ……………… 321 Order of Business ……………………………… 322 Visit of Ivory Coast Delegation ………………………… 341 Order of Business (resumed) …………………………… 341 Diseases of Animals Regulations: Referral to Joint Committee ……………… 344 Presentation of Estimates: Motion ………………………… 345 Health Bill 2006: Second Stage (resumed) …………………………… 345 Referral to Select Committee ………………………… 375 Message from Seanad ……………………………… 376 Message from Select Committee ………………………… 376 European Communities Bill 2006 [Seanad]: Second Stage (resumed) …………………………… 377 Referral to Select Committee ………………………… 394 Broadcasting (Amendment) Bill 2006 [Seanad]: Second Stage ……………………………… 395 Referral to Select Committee ………………………… 429 Ceisteanna — Questions Priority Questions …………………………… 429 Other Questions …………………………… 444 Private Notice Questions ………………………… 446 Adjournment Debate Matters …………………………… 455 Adjournment Debate Post Office Network …………………………… 456 Languages Programme …………………………… 460 Social and Affordable Housing ………………………… 464 Questions: Written Answers …………………………… 469 321 322

DA´ IL E´ IREANN that they have now sought to give the impression that the 750,000 tonne incinerator is not going ———— ahead——

De´ardaoin, 22 Feabhra 2007. Mr. McCormack: Before the general election. Thursday, 22 February 2007. Mr. Gormley: ——despite the fact Dublin City ———— Council has stated it is still on track; and the need for both Ministers to explain why the Govern- Chuaigh an Leas-Cheann Comhairle i gceannas ment voted down a Green Party motion and Bill ar 10.30 a.m. which would have stopped the incinerator.

———— Deputies: Hear, hear.

Paidir. An Leas-Cheann Comhairle: Having con- Prayer. sidered the matters raised, I have found that they are not in order under Standing Order 31. ———— Mr. Allen: This gives a new meaning to Ash Requests to move Adjournment of Da´il under Wednesday. Standing Order 31. Mr. Roche: It is a burning question. An Leas-Cheann Comhairle: Before coming to the Order of Business, I propose to deal with a Order of Business. number of notices under Standing Order 31 and will call on Deputies in the order in which they The Ta´naiste: It is proposed to take No. 18a, submitted their notices to my office. motion re referral to joint committee of proposed approval by Da´il E´ ireann of a proposal that Mr. F. McGrath: I seek the adjournment of the section 17A of the Diseases of Animals Act 1966 Da´il under Standing Order 31 to raise a matter shall continue in force for the period ending on 8 of national importance, namely, the crisis in the March 2008; No. 18b, motion re presentation and health service, particularly in respect of patients circulation of Revised Estimates 2007; No. 24, being on trolleys at Beaumont Hospital. I call on Health Bill 2006 — Second Stage (resumed); No. the Government to implement an action plan 25, European Communities Bill 2006 [Seanad] — placing investment, reform and additional beds as Second Stage (resumed) and No. 1, Broadcasting part of the health strategy and urge all Members (Amendment) Bill 2006 [Seanad] — Second and the Government, in particular, to do some- Stage. thing urgently about the crisis in the health It is proposed, notwithstanding anything in service. Standing Orders, that the Da´il shall sit later than 4.45 p.m. tonight and business shall be interrup- Mr. Connolly: I seek the adjournment of the ted at the conclusion of oral questions to the Da´il under Standing Order 31 to raise a matter Ta´naiste and Minister for Justice, Equality and of national importance, namely, the dearth of Law Reform; Nos. 18a and 18b shall be decided diagnostic and assessment services in the Cavan without debate and, in the case of No. 18b, any and Monaghan region for young children under 3 division demanded thereon shall be taken forth- years of age with sensory disabilities; the inordi- with; the proceedings on the resumed Second nate waiting time being experienced by both Stage of No. 24 shall, if not previously concluded, parents and children for assessment, which can be brought to a conclusion at 1.30 p.m. today; the run to more than two years; the acute scarcity of proceedings on the resumed Second Stage of No. speech and language therapists, paediatric neur- 25 shall, if not previously concluded, be brought ologists, psychologists and psychiatrists, which to a conclusion at 2.30 p.m. today; the pro- adds to the difficulties in accessing services. I call ceedings on the Second Stage of No. 1 shall, if on the Minister for Health and Children to take not previously concluded, be brought to a con- the necessary steps to ensure the earliest possible clusion at 4.45 p.m. today; that Question Time intervention for such children. today shall be taken at 4.45 p.m., or on the con- clusion of No. 1, whichever is the later, for 75 Mr. Gormley: I seek the adjournment of the minutes and in the event of a private notice ques- Da´il under Standing Order 31 to raise a matter tion being allowed, it shall be taken after 45 of national importance, namely, the need for the minutes; and the order shall not resume Minister for Justice, Equality and Law Reform thereafter. and the Minister for the Environment, Heritage The Da´il shall sit tomorrow at 10.30 a.m. and and Local Government to make immediate state- shall adjourn not later than 2 p.m.; there shall be ments to the House on whether the Government no Order of Business, that is, within the meaning is still fully committed to incineration in general of Standing Order 26; the taking of any divisions and the Poolbeg incinerator, in particular, given shall be postponed until immediately after the 323 Order of 22 February 2007. Business 324

[The Ta´naiste.] There should be enough time. We should have Order of Business on Tuesday, 27 February 2007, extra sittings on other days of the week if and accordingly, the following business shall be required to allow Deputies have a full debate. transacted: No. 9, Medical Practitioners Bill 2007 Extra sittings should also allow for a proper — Second Stage and the proceedings thereon Order of Business and questions to Ministers. shall, if not previously concluded, be brought to The House has gone on too long dealing with a conclusion at 2 p.m. on that day. matters which are not as urgent as some of the proposals before us. We should have an oppor- An Leas-Cheann Comhairle: There are seven tunity to address and speak to them rather than proposals to be put to the House. have the debate guillotined in the way the Government now proposes, not only on this Mr. Rabbitte: Will the Ta´naiste assure the matter but also on a number of others during the House that this is the real Order of Business? We coming weeks. were transparently furnished with an Order of Business yesterday that was fraudulent and led Question, “That the proposal for dealing with to another being put to the House after Private No. 24 be agreed to,” put and declared carried. Members’ Business when an extremely urgent matter had to be taken with minimum notice. Can An Leas-Cheann Comhairle: Is the proposal we rely on this as the real Order of Business? for dealing with No. 25 agreed?

The Ta´naiste: This is the real Order of Busi- Mr. Allen: I disagree with this proposal ness. The decision to bring the legislation before because it deals with a vital Bill which was the House yesterday evening on an emergency described as purely technical but which proposes basis was not made until the afternoon. I reject to seriously erode the powers of the House in the suggestion fraudulence or sleight of hand dealing with European directives. It should was involved. receive a full airing. The hour provided today is insufficient. Mr. McCormack: We do not believe anything anymore. Mr. Costello: This measure will only be dis- cussed for one hour today. It is extremely Mr. Gormley: Is the incinerator project going important because it proposes to change ahead? dramatically the manner in which we transpose EU directives into domestic legislation. Approxi- An Leas-Cheann Comhairle: Is the proposal mately 70% of all legislation which comes for the late sitting agreed? Agreed. Is the pro- through the House is European legislation. The posal for dealing with Nos. 18a and 18b without Bill will mean that instead of it being scrutinised debate agreed? Agreed. Is the proposal for deal- in the proper manner it will go to the line Mini- ing with No. 24 agreed? ster who will issue a statutory instrument which will become law. It also includes provisions which Mr. Stagg: This is one of a series of guillotine carry penalties of imprisonment for up to three motions on legislation with which we deal day in, years and fines of up to \500,000 for citizens of day out during this session. In the last session of this country. The line Minister will be responsible the Da´il we did not have enough legislation to solely for amending an EU directive and legis- keep the House going. It is a measure of the dis- lation which should properly be scrutinised and organised fashion in which the Government passed by the House. It is extremely bad legis- brings legislation before the House. The reason lation and a bad precedent to establish. The Bill we have Standing Orders for the passing of legis- deserves to have a full and proper examination lation is to ensure legislation is properly scruti- in the House, not just the subject of a one hour nised when it comes before the House. Standing debate today. Orders will be set aside on four occasions today. The daily and regular setting aside of Standing Mr. Gormley: I am afraid this legislation leaves Orders designed and put in place to ensure the the Parliament out of the loop. As such, I find it House properly and fully scrutinises legislation unacceptable. I find the time given to the legis- and call the Executive to account is fraught with lation is extremely brief, given its gravity and the the danger that bad legislation will be rushed implications for the House and the general through the House without proper scrutiny. The public. For that reason I oppose the use of the rush of guillotine motions before us every morn- guillotine. ing shows a degree of contempt for this assembly. On that basis, the Labour Party opposes the use Aengus O´ Snodaigh: I oppose this proposal, of the guillotine on this measure. first, on the basis that a guillotine is being imposed and, second, because of the import and Aengus O´ Snodaigh: Continuing a tradition, we impact the legislation will have on the House. It oppose the use of the guillotine on this matter. is not fully appreciated, not even by those who 325 Order of 22 February 2007. Business 326 put together the explanatory memorandum. On made on all sides. The Government listened care- that basis, every Deputy in the House should fully to the points made. The Minister of State have an opportunity to examine this legislation will respond in the debate. Deputies should await properly and take part in a debate. I oppose the his response. proposal. The Ta´naiste: This matter was debated exten- Question put: “That the proposal for dealing sively in the House and valuable points were with No. 25 be agreed.”

The Da´il divided: Ta´, 63; Nı´l, 48.

Ta´

Ahern, Dermot. Kelly, Peter. Ahern, Michael. Kirk, Seamus. Ahern, Noel. Kitt, Tom. Andrews, Barry. Lenihan, Brian. Ardagh, Sea´n. Lenihan, Conor. Blaney, Niall. McDowell, Michael. Brady, Johnny. Moloney, John. Brady, Martin. Moynihan, Michael. Browne, John. Mulcahy, Michael. Callanan, Joe. Nolan, M. J. Callely, Ivor. O´ Cuı´v, E´ amon. Carey, Pat. O´ Fearghaı´l, Sea´n. Carty, John. O’Connor, Charlie. Cassidy, Donie. O’Dea, Willie. Collins, Michael. O’Donnell, Liz. Cooper-Flynn, Beverley. O’Flynn, Noel. Cowen, Brian. O’Keeffe, Batt. Cregan, John. O’Keeffe, Ned. Curran, John. O’Malley, Fiona. Dempsey, Tony. O’Malley, Tim. Dennehy, John. Parlon, Tom. Devins, Jimmy. Roche, Dick. Fitzpatrick, Dermot. Sexton, Mae. Fleming, Sea´n. Smith, Brendan. Glennon, Jim. Smith, Michael. Hanafin, Mary. Treacy, Noel. Harney, Mary. Wallace, Mary. Haughey, Sea´n. Walsh, Joe. Hoctor, Ma´ire. Wilkinson, Ollie. Jacob, Joe. Woods, Michael. Keaveney, Cecilia. Wright, G. V. Kelleher, Billy.

Nı´l

Allen, Bernard. Kenny, Enda. Boyle, Dan. McCormack, Pa´draic. Breen, James. McEntee, Shane. Breen, Pat. McGrath, Finian. Broughan, Thomas P. McGrath, Paul. Bruton, Richard. McHugh, Paddy. Burton, Joan. McManus, Liz. Connaughton, Paul. Murphy, Catherine. Connolly, Paudge. Murphy, Gerard. Costello, Joe. Neville, Dan. Crawford, Seymour. Noonan, Michael. Crowe, Sea´n. O´ Snodaigh, Aengus. Cuffe, Ciara´n. O’Shea, Brian. Deasy, John. O’Sullivan, Jan. Deenihan, Jimmy. Perry, John. Durkan, Bernard J. Quinn, Ruairı´. English, Damien. Rabbitte, Pat. Ferris, Martin. Ring, Michael. Gilmore, Eamon. Ryan, Eamon. Gormley, John. Sherlock, Joe. Higgins, Joe. Stagg, Emmet. Hogan, Phil. Stanton, David. Howlin, Brendan. Twomey, Liam. Kehoe, Paul. Upton, Mary.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies Stagg and Kehoe. 327 Order of 22 February 2007. Business 328

Question declared carried. Ms Harney: The Deputy stated that he would only need five minutes. An Leas-Cheann Comhairle: Is the proposal for dealing with No. 1, Second Stage of the Dr. Twomey: As with last night’s guillotined Broadcasting (Amendment) Bill 2006, agreed to? legislation, in which regard we are unsure as to whether the Government made a deal with Quinn Mr. Durkan: This is important legislation and Direct, I must oppose this guillotine. For the pro- the Opposition agrees that it should be processed tection of the country’s patients, I want a proper quickly, but the length of time provided for the discussion on the Bill. We have waited 30 years debate on this broadcasting Bill is deplorable, for the legislation. cynical and despicable. I protest the proposed guillotine strongly. Deputies: Hear, hear.

Question, “That the proposal for dealing with Ms McManus: This is probably the most No. 1 be agreed to”, put and declared carried. important legislation to be introduced by the Minister for Health and Children and has been An Leas-Cheann Comhairle: Is the proposal awaited for 15 years or 20 years. It is long for Question Time agreed to? awaited, but it must not be short debated. It is unacceptable to give such important legislation a Mr. Quinn: Could time be made available or miserly amount of time. private notice questions entertained in respect of Like health spokespersons, most Deputies will the joint announcement by the Ministers for have received correspondence expressing con- Justice, Equality and Law Reform and the Envir- cerns about the contents of the legislation. The onment, Heritage and Local Government that the Bill is concerned with protecting patients against proposed incinerator at Ringsend will not go malpractice. The Dr. Neary case was an example ahead? of the terrible damage that can be done to inno- cent people. The Bill is also concerned with how Mr. Roche: There was no joint announcement. the medical profession will be policed and how clinical standards will be maintained and Mr. Quinn: The client who has entered into a improved in rapidly changing times. These are contract—— fundamental issues of medical practice and it is wrong for the Parliament to speed through legis- An Leas-Cheann Comhairle: The matter will lation without proper scrutiny, particularly when receive consideration. a Minister proposes changes to the Medical Council without justification. She has not Mr. Quinn: Is that a “Yes”? explained——

An Leas-Cheann Comhairle: It will receive Mr. M. Ahern: Speech. consideration. Ms McManus: ——why a new approach to the Medical Council is being adopted. Mr. Quinn: I will take it as a “Yes”. Ms Harney: The Deputy does not want to live An Leas-Cheann Comhairle: Whether it is without it. “Yes” or “No” will be conveyed to the Deputy in due course. Ms McManus: The Minister interrupts no matter the issue. This is far too important. Mr. Deasy: The rejection notice will receive consideration. (Interruptions).

An Leas-Cheann Comhairle: Is the proposal Ms Harney: I am agreeing. for Question Time agreed to? Agreed. Is No. 7, the proposal for tomorrow’s sitting, agreed to? Ms McManus: I ask the Minister——

Ms McManus: No. Ms Harney: Does the Deputy want a lay majority? What is her position on the matter? Dr. Twomey: We must oppose the guillotine on the Medical Practitioners Bill 2007. The events in Ms McManus: I ask the Minister to listen, not Our Lady of Lourdes Hospital in 1998 formed the speak. basis of that legislation. The Judge 11 o’clock Harding Clark report on the inquiry Ms Harney: I have listened. showed what went wrong in the pro- tection of hospital patients. It is despicable that Ms McManus: She has spoken without proper we are to have a three-hour debate on so thought and reflection, of which we have seen the important an issue. result. I know of several instances. 329 Order of 22 February 2007. Business 330

Mr. S. Power: The Deputy is making a Second Mr. S. Power: Some 15 minutes for this fellow. Stage speech. Mr. F. McGrath: And the Minister of State will Mr. Howlin: The Leas-Cheann Comhairle have 15 minutes. Can I have five minutes? knows what to do when he is in the Chair. Mr. Ring: May I share time with Deputy Ms McManus: I also know of a scheme for the Gormley? building of private hospitals on public grounds that was not given proper thought and reflection. Mr. Kitt: Take a deep breath. We are seeing the same sloppy approach to legislation. Mr. Gormley: I will be brief.

An Leas-Cheann Comhairle: The Deputy Mr. Cowen: Another first. should be brief. Mr. F. McGrath: He will not mention the incin- Mr. Kitt: On the Order of Business. erator either. Ms McManus: The Minister may be confusing ministerial meddling with democratic Mr. Gormley: It is unacceptable to rush accountability. through important legislation that has been promised for many years and, if passed, could Deputies: Speech. stand for another 30 years, a point made to us repeatedly when we receive delegations. Every Ms McManus: If she is not afraid to debate Deputy has received many representations in the matter—— respect of this legislation, but the Minister is say- ing that it is fine to rush the legislation through. Mr. Ring: The Deputy does not like it. If she sat on this side of the House, she would also say that it is unacceptable. I do not under- An Leas-Cheann Comhairle: Order. stand how we did not have enough legislation with which to deal in the last Da´il. I referred to Ms McManus: ——she should see the sense of binge legislation such as this, namely, rushing ensuring full scrutiny. Instead, the debate will last legislation through. Consequently, the legislation three and a half hours on Friday. is bad. This morning, the Minister spoke of how 37% An Leas-Cheann Comhairle: On the Order of of people used to be privately insured whereas Business. The Deputy should conclude. the current figure is 52%. The reason is that people do not have faith in our public service. (Interruptions). They will have less faith if we rush through Ms McManus: That is unacceptable in a Parlia- legislation. ment where we have a duty and an obligation to ensure that patients are protected, that we learn Mr. D. Ahern: Was that brief? from the mistakes of the past—— Aengus O´ Snodaigh: I will be brief. I oppose An Leas-Cheann Comhairle: There is no pro- the proposal because it is not a proper sitting day. vision for a long speech. If we are to sit on a Friday, there should be an Order of Business and questions to a Minister. It Mr. Cowen: The Deputy should respect the should be a full day. Chair. The Ta´naiste: The Bill is important and has Mr. O’Dea: It is a long question. taken a long time to get to this point. When it is on Committee Stage and so on, everyone will be Ms McManus: ——and that we face the future able to participate. in the best possible way. This is not the way to do so. Mr. Connaughton: That is not the same thing.

Deputies: Hear, hear. Mr. J. O’Keeffe: With 90 pages of legislation.

An Leas-Cheann Comhairle: I call Deputy Question put: “That the proposal for tomor- Gormley. row’s sitting be agreed.” 331 Order of 22 February 2007. Business 332

The Da´il divided: Ta´, 62; Nı´l, 47.

Ta´

Ahern, Michael. Kelleher, Billy. Ahern, Noel. Kelly, Peter. Andrews, Barry. Kirk, Seamus. Ardagh, Sea´n. Kitt, Tom. Blaney, Niall. Lenihan, Brian. Brady, Johnny. Lenihan, Conor. Brady, Martin. McDowell, Michael. Browne, John. Moloney, John. Callanan, Joe. Moynihan, Michael. Callely, Ivor. Mulcahy, Michael. Carey, Pat. Nolan, M.J. Carty, John. O´ Cuı´v, E´ amon. Cassidy, Donie. O´ Fearghaı´l, Sea´n. Collins, Michael. O’Connor, Charlie. Cooper-Flynn, Beverley. O’Dea, Willie. Cowen, Brian. O’Donnell, Liz. Cregan, John. O’Flynn, Noel. Curran, John. O’Malley, Fiona. Dempsey, Noel. O’Malley, Tim. Dempsey, Tony. Parlon, Tom. Dennehy, John. Power, Sea´n. Devins, Jimmy. Roche, Dick. Fitzpatrick, Dermot. Sexton, Mae. Fleming, Sea´n. Smith, Brendan. Glennon, Jim. Smith, Michael. Hanafin, Mary. Treacy, Noel. Harney, Mary. Wallace, Mary. Haughey, Sea´n. Walsh, Joe. Hoctor, Ma´ire. Wilkinson, Ollie. Jacob, Joe. Woods, Michael. Keaveney, Cecilia. Wright, G.V.

Nı´l

Allen, Bernard. Kenny, Enda. Boyle, Dan. McCormack, Pa´draic. Breen, James. McEntee, Shane. Breen, Pat. McGrath, Finian. Broughan, Thomas P. McGrath, Paul. Bruton, Richard. McHugh, Paddy. Burton, Joan. McManus, Liz. Connaughton, Paul. Murphy, Catherine. Connolly, Paudge. Murphy, Gerard. Costello, Joe. Neville, Dan. Coveney, Simon. Noonan, Michael. Crawford, Seymour. O´ Snodaigh, Aengus. Crowe, Sea´n. O’Shea, Brian. Cuffe, Ciara´n. O’Sullivan, Jan. Deasy, John. Perry, John. Deenihan, Jimmy. Quinn, Ruairı´. Durkan, Bernard J. Rabbitte, Pat. English, Damien. Ring, Michael. Ferris, Martin. Sherlock, Joe. Gilmore, Eamon. Stagg, Emmet. Gormley, John. Stanton, David. Higgins, Joe. Twomey, Liam. Howlin, Brendan. Upton, Mary. Kehoe, Paul.

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

Question declared carried. One could say that the Ta´naiste was involved in every story this week, except for the collapse Mr. Kenny: I suppose we should all be cheered of the Italian Government. up by the fact the Ta´naiste has re-entered the House. I did not see him or any of his colleagues Mr. Howlin: He might have been involved in here when the Moriarty tribunal was being dis- that too. cussed by Da´il E´ ireann. He used the excuse of writing his annual conference speech, but did not A Deputy: He is working on it. refer to the culture of corruption for the past 20 years in that forum either. Mr. Quinn: One cannot be sure. 333 Order of 22 February 2007. Business 334

Mr. Kenny: One cannot be sure, that is true. Deputy Jim O’Keeffe having asked me about He is the Minister for Justice, Equality and Law these matters. Reform. I was disappointed, therefore, to read in one I want to raise an issue of serious concern aris- of today’s newspaper an article by Deputy Jim ing from the arrest of an investigative journalist O’Keeffe stating that I had remained silent on the in relation to the reporting of a leaked document, issue and that my fingerprints were all over these the report by Mr. George Bermingham SC into matters. On my honour I tell this House that what an issue raised on many occasions in the House I said here yesterday was totally true. by Deputy Rabbitte about Garda activity in respect of the death of Mr. Dean Lyons. With the An Leas-Cheann Comhairle: I call Deputy arrest of this journalist we have moved to a posi- Rabbitte. tion here where, effectively, there is an authori- tarian regime arising from the Garda Act 2005 Mr. Kenny: A Leas-Cheann Comhairle—— and the Minister’s privacy Bill, which is being pushed through the Oireachtas. I find it some- An Leas-Cheann Comhairle: We cannot dis- what “Irish”, to be honest, that when the Fine cuss the matter now. I have allowed the Deputy Gael Party prepared a Private Members’ Bill on considerable latitude. the CC case, it was leaked to a national news- paper from the Department of Justice, Equality Mr. Kenny: I have just one question. Did the and Law Reform. The Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform confirmed he handed have a direct meeting with the journalist a copy of an application form for a passport to a involved? journalist which was removed from a Department The Ta´naiste: I have met Mick McCaffrey of Justice, Equality and Law Reform file. In this whom I like a lot and I think he is a very decent case this journalist has been arrested. I would like fellow. He is a relative of an officer in my Depart- to know from the Minister for Justice, Equality ment and I have met him on a number of and Law Reform if this reporter’s arrest arose occasions. I had no idea on that occasion—— from a complaint made by the Minister or by his Department to the Garda. Aengus O´ Snodaigh: Did the Minister ever give him any files? An Leas-Cheann Comhairle: Has this any con- nection with the Order of Business? The Ta´naiste: ——that this was going to hap- pen to him. I like him very much as an individual. Mr. Kenny: This is the Order of Business. He is a decent, hardworking journalist. I have no malice whatsoever against him. I can assure this Mr. Quinn: The business of order. House that what I said here yesterday and An Leas-Cheann Comhairle: Has the Deputy a repeated here today is the total unvarnished question relevant to the Order of Business? truth. I am disappointed that an Opposition Deputy—— Mr. Kenny: Did the Minister for Justice, Mr. Treacy: Hear, hear. Equality and Law Reform know about this arrest before it happened? The Ta´naiste: ——who asked me about this yesterday, received an assurance from me, would Mr. Howlin: This is about law and order. write an article in one of today’s newspapers—— Mr. Kenny: Third, and most importantly, can Mr. Kenny: He does not go around tearing the Minister for Justice, Equality and Law pages out of files and handing them to journalists. Reform confirm whether he had a direct meeting with the journalist in question a number of An Leas-Cheann Comhairle: Order, please. months ago? The Ta´naiste: ——saying that my fingerprints An Leas-Cheann Comhairle: Is there promised were all over this arrest. That is not true. legislation on this? Mr. Kenny: He does not tear pages out of files The Ta´naiste: I do not believe there is prom- and hand them to journalists. ised legislation relevant to that, but I want to say this. Yesterday evening I said in this House in An Leas-Cheann Comhairle: Order please. I answer to a question from Deputy Jim O’Keeffe call Deputy Rabbitte. that I had no hand, act or part in the arrest of anybody yesterday in regard to these matters. I Mr. Cowen: It is dishonourable conduct also indicated to him that I had not caused any Deputy. complaint to be made to the Garda Sı´ocha´na or requested any person to make a complaint. I said Mr. Rabbitte: This episode has been one of the that on the record of this House in response to most extraordinary in the history of the Irish 335 Order of 22 February 2007. Business 336

[Mr. Rabbitte.] The Ta´naiste: The Deputy will be aware that criminal justice system that a young man not in the Commissions of Investigation Act 2004 was control of his senses was caused to confess to a passed by this House in order to avoid huge tri- murder he could not have done. As a result of bunal expenses. One of the elements that is part the commission of inquiry report no action has of the Bill is that instead of having the right of been taken. There have been no disciplinary examination, cross-examination and adversarial actions and there are no new disciplinary pro- procedure, the chairman of a commission is cedures as promised. The only action that has obliged to make available any finding to any per- happened is that a journalist has been arrested son likely to be affected by it in draft form before for breaking the deadline. He did not inaccur- finalising the chairman’s report. The law is that ately report the contents of the report. He did not the person who receives it is entitled to go back in any way misrepresent it. He merely broke the to the chairperson and have it corrected or, if the deadline and accurately reported the findings in chairperson refuses to correct it, to apply to the that report. High Court to have it corrected. That is in substi- I hear what the Minister is saying but is it not tution for the adversarial procedure and panoply the case that a complaint would have to be made that we have in the public tribunals of inquiry. and, as I understand it, that complaint was made Therefore, it is a very valuable safeguard for the in the name of the Minister’s Department? Is that citizen that what is put in a draft report and circu- not correct? Is the Minister saying to this House, lated to everybody who is affected by it, and with the full sense of awareness, that his Depart- necessarily third party interests are an issue, ment would make such a complaint—— should be the subject of confidentiality. This Act was passed by this House three years ago. Mr. Quinn: And not consult. Mr. Quinn: Apply that to Mr. Connolly. Mr. Rabbitte: ——and not consult with you, the Minister? That really does stretch credulity, Ms McManus: Did the Minister apply that to given his position as Minister and his responsi- himself? bility as corporate sole. It is extraordinary that a journalist, as hap- The Ta´naiste: Yes, three years ago. It was pened in the beef tribunal where the only person passed by all of us in this House. against whom action was taken was a journalist, should be sought to be brought before the courts Mr. Quinn: The Minister did not apply it to for merely reporting the outcome of a report into Mr. Connolly. one of the most extraordinary incidents that has ever happened in our criminal justice system. The Ta´naiste: Part of it was to ensure that people’s reputations would not be prematurely Mr. Quinn: Mugabe would not do it. compromised—— Mr. Rabbitte: No action has been taken of any Mr. Howlin: Mr. Connolly’s—— kind, despite the extraordinary circumstances except that this journalist now is at risk. As I understand it, under the Commissions of Investi- The Ta´naiste: ——and that the procedures—— gation Act, it is an offence to make available the report or any part of the report, which it is alleged Mr. Quinn: Is this a conversion? was done by a garda in these circumstances, but it is not an offence to receive it. Is this action The Ta´naiste: ——under the statute would be being taken against the journalist on the basis of fully respected. We made it a serious offence to the Official Secrets Act or the Commissions of breach the confidentiality of a draft report. Investigation Act? In any event it is a sad day I understand, contrary to what Deputy and it is not sufficient for the Minister to give the Rabbitte is saying, that we are not dealing here pledge that he gave to Deputy Jim O’Keeffe last with a case where somebody had the final report; night in circumstances where it is known and we are dealing with a case where somebody had admitted that his Department caused these a draft, which was submitted to them in confi- actions to be taken against the journalist in dence with a warning attached that they would question. commit——

An Leas-Cheann Comhairle: Before I give the Mr. Quinn: Does the Minister seriously suspect floor to the Ta´naiste, I wish to point out that it is that the Department did this without the Mini- a long-standing rule of the Chair that the House ster’s knowledge? is not a court and a Member’s disclaimer of the accuracy of a statement attributed to him of a The Ta´naiste: ——a serious offence if they dis- particular action must be accepted in the House, closed that draft to a third party. once a Member disclaims it. There is no other way of conducting business. I call the Ta´naiste. Ms Burton: So the Department did know this. 337 Order of 22 February 2007. Business 338

Mr. Howlin: The Minister is defending the The Ta´naiste: He informed me and Mr. Department’s action. Birmingham SC of his intention to do so——

An Leas-Cheann Comhairle: Order, please. Mr. Howlin: So he did know

Ms Burton: So the Minister thinks it is justified. The Ta´naiste: ——having previously sought from Mr. Birmingham SC, first, whether it was an An Leas-Cheann Comhairle: Order, please. authorised disclosure because that was a neces- sary precondition to make such a complaint and, Ms Burton: The Minister is justifying it. second, whether Mr. Birmingham was of the view there should be an investigation into the leak. All The Ta´naiste: That is the law. he did was to ask that there should be an investi- gation by the Garda Sı´ocha´na. Mr. Quinn: Has the Minister any control over his Department? Mr. Quinn: Who is running the Department?

An Leas-Cheann Comhairle: Order, please. The Ta´naiste: That was a decision made by him of which I was informed. I was not asked to The Ta´naiste: If we want tribunals of inquiry in express a view on the matter. every case—— Mr. Howlin: Oh my God. Mr. Howlin: So they were right. An Leas-Cheann Comhairle: Order, please. The Ta´naiste: ——we can go down that road—— Mr. Stagg: So the Ta´naiste did know.

Mr. Quinn: Answer the question. The Ta´naiste: It was expressly put to me that it would be inappropriate for me to be the person The Ta´naiste: ——-and we can spend a great who made a decision on the matter. deal of money on them. George Birmingham SC conducted this inquiry and did so in a very Mr. J. Higgins: That is not good enough. This is expeditious way. He rigorously adhered to the a continuation of institutionalised hypocrisy and letter of the law. In these circumstances it is double standards at the very heart of the justice entirely proper that this House upholds the law establishment for which the Minister has and does not criticise it. responsibility. It is just like the beef tribunal, with corruption all over the place and virtually the Mr. Quinn: Does the Minister seriously ask us only person called to book was a journalist who to believe that the Department took this action brought it into the public domain. without consulting the Minister’s office? An Leas-Cheann Comhairle: That is not a The Ta´naiste: I am saying to the House again question on the Order of Business. that the Secretary General of my Department became aware that it was proposed to publish an Mr. J. Higgins: Very senior members of the article in a newspaper based on a leaked report. Garda Sı´ocha´na leak routinely and with impunity The newspaper was warned that it was a criminal to get their side of the story out. offence to publish the material before it pub- lished it. The Secretary General in those circum- An Leas-Cheann Comhairle: That is not in stances decided himself—— order.

Ms McManus: Was it without consulting the Mr. J. Higgins: Ask the family of the late John Minister? Carthy of Abbeylara, where the most senior members of the Garda Sı´ocha´na spun against that Mr. Quinn: The Minister’s fingerprints are all unfortunate victim of heavy handedness. The over this. Minister has been busy washing his hands of this affair. He may not do so. Deputy Kenny should The Ta´naiste: ——when the publication took send him over some of the hand gel he was tout- place that he would make a complaint to ing around the hospitals yesterday. members of the Garda Sı´ocha´na. An Leas-Cheann Comhairle: The Deputy Mr. Howlin: Who is in control? should resume his seat. He is out of order.

Ms Burton: Without reference to the Minister. Mr. J. Higgins: The Minister carries responsi- bility for it and he must answer for the continu- An Leas-Cheann Comhairle: Order, please. ation of these double standards. 339 Order of 22 February 2007. Business 340

An Leas-Cheann Comhairle: I object to any An Leas-Cheann Comhairle: I remind the Member approaching the Chair in a very aggress- House that the Health Bill must conclude by ive manner. 1.30 p.m.

Mr. Treacy: Hear, hear. The Ta´naiste: I have told the House the truth. If politics in Dublin South-East become so vindic- An Leas-Cheann Comhairle: The indepen- tive that the truth can be ignored and allegations dence of the Chair should be preserved at all are thrown around the House, then that is sad. stages and it quite disorderly to approach the Chair in an aggressive manner. Mr. Boyle: It is about the Minister’s account- ability. He had knowledge and he chose not to Mr. J. Higgins: Lest there be any misunder- act. standing, you are not the Minister for Justice, Equality and Law Reform. Any verbal aggression The Ta´naiste: I have told the House the unvar- was directed towards him. nished truth. I had no hand, act or part in the arrest of those men. I did not request anyone to make a complaint. I was informed by the Sec- An Leas-Cheann Comhairle: The Chair is the retary General of my Department that he pro- sole judge in calling Members to speak. posed to make a complaint.

Mr. Gormley: If you interpreted my actions as Ms Burton: The Minister is like Pontius Pilate. aggressive, please be assured that they were not. I was surprised that I was not called next, that The Ta´naiste: He expressed to me the view that is all. it was inappropriate for me to be involved in the matter and that he himself would make this An Leas-Cheann Comhairle: I accept the complaint. Deputy’s assurance. Mr. Howlin: Who is in charge? Mr. Gormley: The Minister’s position is becoming weaker by the minute. Is he aware that The Ta´naiste: That is the plain, unvarnished people see his position as entirely hypocritical? truth. It may not suit people’s agendas. He was the person who leaked information about a journalist to another journalist. This journalist Aengus O´ Snodaigh: The Minister is too was a citizen. The Minister talks about protecting friendly with him. the rights of citizens, but what about the rights of Mr. Frank Connolly? Is he a citizen? Should he Mr. Howlin: The Minister is not fit for—— have been protected in the same way as other citizens? Ms Sexton: Nonsense. It was good The Minister claims to like this particular management. journalist, but I do not know. I do know that the Minister has explained to the House that it was An Leas-Cheann Comhairle: Order, please. the call of the Secretary General, and then Mr. Birmingham. Who calls the shots in this Depart- The Ta´naiste: Can I finish please? I want to be ment? Does the buck stop with the Minister? Was accountable to this House. I have told the truth it the case that he did not want to know because to this House on my honour. It is not spun or it was too sensitive? If Watergate had happened varied in any way. I am asking the House to in this country, Bernstein and Woodward might accept my word that what I have outlined is a true and fair picture of what happened. In no way have been arrested. There is a whiff of dictator- was I the moving party in the making of this ship coming from the benches opposite. I regret complaint. I must say that, but this is a serious matter. When journalists are being arrested in a democracy, we Mr. Howlin: It was the Secretary General. must all sit up and take notice. The Minister has a lot of explaining to do. I want him to explain The Ta´naiste: Deputy Jim O’Keeffe, who has in detail, because he will not get out of this one just come in, heard me say this last night. He so easily. wrote an article in today’s newspaper saying that my fingerprints were all over this arrest. This is The Ta´naiste: I have told the truth to the wholly untrue. House in unvarnished and very simple terms. Ms Burton: He was dead right. Mr. Quinn: He did not. Mr. Kenny: It was a good article. Mr. D. Ahern: Let him finish. The Ta´naiste: Politics in this country has (Interruptions). enough critics, but it does not need to be 341 Order of 22 February 2007. Business (Resumed) 342 damaged by people making vindictive attacks in the House. It is about time he accepted his from within. responsibility. I also wanted to ask the Minister for the Envir- Mr. J. O’Keeffe: I stand over every word. onment, Heritage and Local Government whether he would approve the funding for the Visit of Ivory Coast Delegation. various sewerage treatment schemes where there is serious pollution being caused to rivers and An Leas-Cheann Comhairle: Before proceed- waterways. I got a reply from the Ceann Comh- ing with the Order of Business, I wish on my own airle’s office stating that the Minister has no behalf and on behalf of the Members of Da´il official responsibility to the House. E´ ireann to offer ce´ad mı´le fa´ilte, a most sincere welcome, to a delegation of parliamentarians An Leas-Cheann Comhairle: This is not a from the Ivory Coast. I express the confident matter for the Order of Business. hope that this visit will increase the co-operation and friendship that exists between our countries Mr. Durkan: The Minister has responsibility to and that it will be to our mutual benefit. the House. He funds the local authority. He pro- vides every single penny of capital grants Order of Business (Resumed). required for the local authority. I strongly object Mr. Rabbitte: If there is still time, Sir, I hope to this growing practice whereby Members of the you might look favourably on a special notice House are excluded from the information which question to pursue aspects of this matter with the is then being fed to Government Deputies and Minister. He has now told us that he assented in candidates on the ground ad libitum. the complaint being made. Mr. Costello: Will the Minister allow time for a debate on the report adopted by the European The Ta´naiste: That is not true. I did not assent Parliament on 14 February regarding extraordi- to anything. nary rendition? In view of the upcoming rugby match in Croke A Deputy: Are you a Minister or not? Park, what is the Minister’s policing plan for the event? We all remember the shambles in Mr. J. O’Keeffe: It sounds like Pontius Pilate O’Connell Street during the Love Ulster rally and washing his hands to me. the fact that there was no policing plan on that occasion. Does he have a plan A or plan B on (Interruptions). this issue? Mr. Durkan: I seek your advice, a Leas-Cheann An Leas-Cheann Comhairle: This is not in Comhairle. There has been a trend in recent order on the Order of Business. times for Ministers to reply to parliamentary questions on areas over which they have responsi- The Ta´naiste: As may be apparent from what bility, stating that they have no responsibility to I contributed earlier, I do not make policing the House. I put down a question on a matter plans. I do not plan who is or is not arrested. last week—— Mr. Costello: The Minister did not even bring An Leas-Cheann Comhairle: That is not a plans to the Cabinet. matter for the Order of Business. The Ta´naiste: The Whips can discuss whether Mr. Durkan: It is because it is about the way there should be a debate on the issue of rendition. we conduct business in the House. I do not think time will be available for a debate on the issue. The Deputy can raise the matter An Leas-Cheann Comhairle: That is a question during Private Members’ time or on the about the disallowance of questions. It is not a Adjournment. matter for the Order of Business. Mr. D. Ahern: We will take no lectures on Mr. Durkan: There is no other method human rights from stickies. whereby this can be discharged. Aengus O´ Snodaigh: I am looking for advice An Leas-Cheann Comhairle: This is not a on a number of Bills. Has work commenced on method either. No. 63 on the Government’s legislative prog- ramme, which will allow the Director of Public Mr. Durkan: One of my questions asked the Prosecutions to appeal against unduly lenient Minister for Justice, Equality and Law Reform to sentences? If so, how much progress has been indicate how he calculated the legal costs of the made with it? When is it expected that the pro- Mahon tribunal. I do not understand how that posed family law and enforcement of fines Bills cannot be a matter for the Minister in the House, will be published? If the Bills will not be pub- because he has spoken about it everywhere but lished in the near future, will the heads of the 343 Diseases of Animals Regulations: 22 February 2007. Referral to Joint Committee 344

´ [Aengus O Snodaigh.] The Ta´naiste: As the leader of my party and Bills be published soon? Has the Money Advice a member of the Government, I agree with the and Budgeting Service Bill 2007, which is replac- position that has been adopted by the Taoiseach ing the Money Advice and Budgeting Service Bill in relation to this matter. The terms of the pro- 2002, been published? If not, when will it be pub- posed Bill, which have been circulated to the lished? The Government’s legislative programme House, have been considered at length. The two states that such a Bill will be introduced. aspects of this issue to which Deputy Kenny referred — the protection of children and the The Ta´naiste: The Deputy will have to table a provisions relating to soft information — are question for the Minister for Social and Family worthwhile. The other provisions, which will Affairs if he wants to get more information about allow children in long-term fostering to be the Minister’s proposals for dealing with the adopted, for example, are also quite urgent. They Money Advice and Budgeting Service. have been talked about for longer than the out- come of the A case or the issue of soft infor- Aengus O´ Snodaigh: I did not ask about his mation, which is of comparatively recent origin. proposals. I asked whether a new Bill has been At what stage should we decide that children in published, as indicated in the Government’s legis- long-term fostering who may not be adopted are lative programme. When will the replacement also a priority? I do not want to be argumentative legislation be introduced? with the House or with the Deputy, who has said there appears to be political confusion on this The Ta´naiste: The Deputy will have to ask the matter. I do not know where such confusion is Minister how he is getting on with the replace- arising. I have not heard from any of the Oppo- ment legislation, as I am not in a position to give sition parties any substantive objection to the details on the matter. While it is not possible to provisions of this child protection amendment, give the Deputy a date for the publication of the about which they claim to be undecided. If the proposed enforcement of fines Bill, I can inform Opposition parties were to point out an aspect of him that the Fines Bill 2007 has been ordered for this matter which could cause political difficulty Second Stage. The proposed family law Bill will or confusion, it would be a different matter. I ask be introduced later this year. every Member of the House, across all benches, to listen to the strong plea of the child care and An Leas-Cheann Comhairle: That concludes protection organisations for us to pursue this the Order of Business. agenda. They do not think we should split up this Bill, thereby delaying the implementation of pro- Mr. Kenny: A Leas-Cheann Comhairle—— tections for people in fosterage. They think we should do something decent to rescue such An Leas-Cheann Comhairle: We must proceed people from the limbo they are in. with the business of the day. Mr. J. O’Keeffe: They say it is more important Mr. Kenny: Can I ask another question, a Leas- to get it right than to rush it. Cheann Comhairle? Mr. English: The Government has had five An Leas-Cheann Comhairle: We must move on years to do something. to the Health Bill 2006, which has to be passed by 1.30 p.m. The Ta´naiste: At what point will we feel there is a moral imperative to rescue such people from Mr. Kenny: I will be very brief. I would like this situation? to ask about the proposed referendum on child protection. As the leader of his party and the Mr. Durkan: Why are we having just one deputy leader of the Government, does the question? Ta´naiste share the view on the referendum that has been expressed by various parties? There are Mr. Kenny: Why not have two questions? no political difficulties or divisions in respect of the issues of absolute defence and soft infor- Mr. Durkan: The Ta´naiste has gone silent mation, which have been considered in detail by again. the committee. Does the Ta´naiste think the obvious difficulties in that regard could be dealt Diseases of Animals Regulations: Referral to with at an early date? Does he agree the issues Joint Committee. of children’s rights and welfare, which are the Minister of State at the Department of the subject of confused or incomplete debate, could Taoiseach (Mr. Kitt): I move: be dealt with at a later stage? Why are the two questions being rolled into one? As the leader of That the proposal that Da´il E´ ireann resolves his party and the deputy leader of the Govern- that section 17A (inserted by section 2(1) of ment, what is the Ta´naiste’s view on that? I ask the Diseases of Animals (Amendment) Act him to comment on the matter. 2001 (No. 3 of 2001)) of the Diseases of Ani- 345 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 346

mals Act 1966 (No. 6 of 1966) shall continue in While the Bill before the House is welcome, it force for the period ending on 8th March, 2008, simply underlines the State’s long-standing neg- be referred to the Joint Committee on Agri- lect of its duty to meet the basic entitlements of, culture and Food, in accordance with para- and provide basic protections to, all its citizens. graph (2) of the Orders of Reference of that The legislation does not reach the heart of the Committee, which, not later than 8th March matter — the malaise in our creaking and rud- 2007, shall send a message to the Da´il in the derless health service, which is drifting from crisis manner prescribed in Standing Order 85, and to crisis. We have to deal virtually every day with Standing Order 84(2) shall accordingly apply. the nursing homes scandal and the ongoing acci- dent and emergency crisis. The accident and emergency unit in Beaumont Hospital had to deal Question put and agreed to. with record numbers this week. I am familiar with the waiting times in the Mater Hospital’s accident Presentation of Estimates: Motion. and emergency department. No agreement can be Ta´naiste and Minister for Justice, Equality and reached on the location of the proposed national Law Reform (Mr. McDowell): I move: children’s hospital. The entire system is rud- derless and in a state of malaise. The lack of That, notwithstanding Standing Order 152(1) leadership at ground level is at the heart of this or (2) of the Standing Orders of Da´il E´ ireann problem. relative to public business, Revised Estimates The insidious policy of creeping privatisation for the Public Services for the year ending 31st is espoused by the Progressive Democrats. The December, 2007, be presented to the Da´il and Minister for Health and Children, in particular, circulated to members on 22nd February, 2007, champions privatisation as a means of easing being a date later than that prescribed for the bottlenecks and streamlining the system. Fianna presentation of Estimates and that the Revised Fa´il is tolerating this approach, obviously. The Estimates be referred to Select Committees Labour Party has indicated that it will reverse this pursuant to Standing Order 152(3) and para- trend if it gets into office. The Minister, Deputy graph (1)(a)(ii) of each Committee’s Orders of Harney, said during her first couple of weeks in Reference and that each Committee report office that she intended to conduct an audit of all back to the Da´il by no later than 5th April, the land owned by the Department of Health and 2007. Children. The Minister of State at the Depart- ment of Finance, Deputy Parlon, has been hawk- Question put and agreed to. ing land like a street trader buying and selling in the capital and putting prices up around the coun- try in his decentralisation process. The Minister Health Bill 2006: Second Stage (Resumed). for Justice, Equality and Law Reform, Deputy McDowell, has been likewise hawking as much Question again proposed: “That the Bill be public land as he can. He has even sold his own now read a Second Time.” offices in St. Stephen’s Green for \52 million or Mr. Costello: I welcome the Minister of State, \53 million and has moved into private rented Deputy Sea´n Power, to the House. I am glad to accommodation which will cost the State an arm have an opportunity to speak on this legislation. and a leg for the foreseeable future. The Health Bill 2006, which will establish the The first action taken by the Minister for Health Information and Quality Authority and Health and Children was to seek an audit of all the office of the chief inspector of social services, health authority lands. She wished to identify will provide for a scheme of registration and lands that were surplus to need, mar dhea. This inspection of residential services for older people, was then transposed into a policy of co-location people with disabilities and children who need of hospitals where the private sector would be care and protection. It is hard to read this rather allowed buy the land and build private hospitals turgid 65-page Bill without thinking “so what”. with tax exemptions and reliefs. The private sec- Why have all these provisions not already been tor would operate these hospitals which would made? Why are these offices not already in enjoy full access to the facilities and equipment place? Why have we had to wait until the seventh in the public hospitals on the co-located site. year of the 21st century for someone to be As I understand, there will be a private 80 or appointed as the chief inspector of social 90-bed unit constructed on public lands at Beau- services? We would have expected basic protec- mont Hospital and this private for-profit health tions, such as the scheme of registration of resi- enterprise will have access to all the facilities in dential services for older people, people with dis- the public hospital. This operation will be repli- abilities, people at risk and children in care, to cated all over the country through the Minister’s have been put in place within the system long policy of providing a two-tier health system on ago. The rights of these vulnerable people have the spurious grounds of creating 1,000 extra never been properly protected by the State, private beds and taking the same number of despite the lip-service to “cherishing all of the private beds out of the public hospitals. There is children of the nation equally”. no guarantee whatsoever that the private beds in 347 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 348

[Mr. Costello.] public system will deteriorate as it is increasingly public hospitals will go. I challenge the Minister starved of resources and morale will reach rock to give the House such a guarantee in her bottom. We will end up with a two-tier system. response to this Second Stage debate. We could Even the Minister has acknowledged that more have the worst of both worlds, where private people are opting for private treatment. The hospitals will continue because of the squatter public sector has been deliberately run down with principle held by the consultants. We are all fam- the result that waiting lists and accident and iliar with the history of Beaumont Hospital which emergency departments are driving patients out, was kept closed for four years because the con- as are the fears about MRSA. Both the morale in sultants insisted there was no way they would the system and its nuts and bolts must be taken work in Beaumont Hospital unless they were into account. given their private beds. They would not tolerate The accident and emergency departments of a system of being employed to work in the public hospitals are in a deplorable condition. The HSE sector. They insisted that Beaumont Hospital figures are inaccurate regarding the daily number could not open unless they were given their of patients waiting in the accident and emergency private beds and so the hospital was closed for units for treatment beds as the figures refer only four years. I do not think the consultants who to patients who have been seen by a doctor and have the existing private beds will run away from are to be admitted. These figures do not reflect that cash cow. I can see these new private the numbers of people who are waiting many hospitals co-located in public grounds will be hours to be seen and who are discharged with- operating to their own dispensation but with out admission. access to the public operating theatres and facili- Last Saturday week I visited the accident and ties in the adjacent hospital. The Minister must emergency department in the Mater Hospital. It clarify to the House how she will ensure that the was crowded. I spoke to one elderly man from 1,000 private beds already in the public hospital Glasnevin who had fallen down the stairs in his system will be dispensed with and how such beds home the previous Saturday. He had damaged his will revert to public use. back and fractured his arm. He sat uncomfortably If more proof was needed of the creeping priv- in a chair in which he had been for a full week. atisation of the health system, I can easily point He had a week’s stubble on his face and his arm to significant indicators. One third of all cataract in a sling. He had not had a shower in that week. operations in the Royal Victoria Eye and Ear He did not know if or when he would get a bed Hospital are now being conducted through the National Treatment Purchase Fund, even though or a trolley or whether he would eventually be there are 12 consultants working in that hospital sent home after a week in a chair. This is not right who could easily perform this surgery. They are and it can never be right. It is an undermining of not performing surgery because of the insufficient human dignity. It has nothing to do with medicine number of beds for elective surgery in the but everything to do with dignity and how we hospital. A total of 4,000 children are waiting for treat our people who are ill or elderly. eye consultations in the Rathdown clinic in my The Minister and her predecessors have sig- constituency. Two ophthalmologists would solve nally failed to provide a service which respects the problem but the HSE is prepared to leave the human dignity and which is efficient. More beds, children waiting for more than two years without better management and state-of-the-art casualty treatment rather than make these appointments. departments are essential to smooth the interface This issue has been brought to the attention of between the patient and the hospital service. This the HSE on a number of occasions by the medical is not the ultimate goal of a world class health staff in Temple Street Hospital. Children with eye service—— problems on the waiting list are in limbo and will not be dealt with because two additional ophthal- Mr. Callely: What about Smithfield? mologists will not be appointed to carry out the required work. It is the old system of keeping Mr. Costello: ——but it is the minimum them waiting for the private sector to deal with requirement for human dignity. the problem. The new phenomenon is that casualty patients Acting Chairman (Mr. Carey): Deputy Callely are now occupying elective beds and this is not a should allow Deputy Costello to continue. progressive phenomenon. An astonishing 20% of hospital work is now elective while 80% is casu- Mr. Costello: It is high time that primary care alty. There are not enough beds in the system but is put in the system. It has taken ten years to see the Minister will not supply them to the public any element of primary care and it is coming in hospitals and this is the reason the Minister’s ten dribs and drabs. point plan for accident and emergency depart- ments has not worked. This is the reason there is Mr. Callely: I am not referring to primary care. no solution to the problem for the foreseeable future but we will eventually reap the whirlwind Acting Chairman: Deputy Costello without because there has to be a domino effect. The interruption. 349 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 350

Mr. Callely: Deputy Costello does not know programme begun by the then Minister for what I am talking about. It is in his own area. Health and Children, Deputy Martin, in 2003, and carried on by the Minister, Deputy Harney, since Mr. Costello: Most of the time I do not know she took over the Department of Health and what the Deputy is talking about. Children in 2004. A central priority of the health reform prog- Mr. Callely: It is in his own area. He should ramme is to deliver high quality services based know about it. on evidence-supported best practice. The Health Information and Quality Authority is the means Acting Chairman: I ask both Deputies to allow by which this objective will be achieved. The the Deputy who is contributing. functions of HIQA will be as follows: setting and monitoring standards, safety and quality in health Mr. Callely: It is a shame. and personal social services provided by the Health Service Executive or on its behalf; advis- Acting Chairman: Deputy Callely will have ing the Minister and the HSE on the level of com- time to speak to a few minutes. pliance with those standards; carrying out reviews to ensure the best outcomes for resources avail- Mr. Costello: The issue of the children’s able to the HSE; carrying out assessments of hospital has been a bone of contention. The over- health technologies, evaluating information on due decision to refurbish Temple Street Hospital health and social services and the health and wel- and to place it on the site alongside the Mater fare of the population; advising the Minister and Hospital has now been extended to be a plan for the HSE on deficiencies identified; setting infor- a world class national children’s hospital. Any- mation standards and monitoring those stan- body visiting Temple Street Hospital would dards; and undertaking investigations as to the deplore the fact that it has taken more than a safety, quality and standard of services where the quarter of a century to deal with the Dickensian Minister believes there is serious risk to the conditions there. Whether the site is adequate is a non-issue health or welfare of a person receiving services. because this question had been examined by the We all know health information is a valuable task force established following the Mackenzie resource. Many advances in health and health report, which decided the site was care during the past two centuries have depended on the increasing availability and application of 12 o’clock adequate for the purpose. If further expansion is required, there is a 20- useful health information. Discoveries in genetics acre site across the road which is currently occu- and breakthroughs in bioengineering, health pied by Mountjoy Prison and the prison Garda informatics and other fields are likely to trans- station. The Minister for Justice, Equality and form our information base and provide more Law Reform has indicated long and loud he will effective means to protect health, combat chronic close both facilities so there should be no diffi- disease and plan and deliver health care. Infor- culty in getting a certain amount of space from mation is generated at such a pace there is a that site, which is literally across the road from serious risk of information gaps opening up the Mater Hospital. For the long term, consider- between the public, clients-patients, pro- able space is available. fessionals, planners, policy makers and the Third, access is not an easy matter anywhere research community. Keeping abreast of new in this country or city due to the extraordinary information and applying it on a daily basis will congestion and traffic problems. However, there remain an ongoing challenge. The national health is a proposal for one of the metro stops to be information strategy will support the achieve- located on the grounds of the Mater Hospital. It ments of the vision, goals and objectives set out in will be serviced with state-of-the-art public trans- the health service reform programme by ensuring port and is adjacent to both Connolly and health information becomes more readily avail- Heuston stations, as well as being convenient for able and appropriately used throughout the sec- the North Circular Road and the Luas line com- tor. HIQA will play a pivotal role in the imple- ing from O’Connell Street. mentation of the strategy. The potential of For all these reasons, it is a desirable site. I modern information and communications tech- firmly believe the project should proceed as nology will be exploited to help health pro- expeditiously as possible. I would like it to be fessionals provide safer and more integrated care completed without further rancour, debate or to their clients-patients and to achieve value for controversy. money. At its core, the strategy is about fostering a Mr. Carty: I wish to share time with Deputy change of culture with respect to the develop- Callely. ment and application of health information at all levels. In the hands of people with the expertise Acting Chairman: Is that agreed? Agreed. and incentive to use it, data which is defined and understood in a shared way is transformed into Mr. Carty: I welcome the opportunity to speak information. This information, set in the context on the Bill which continues the health reform of previous action, becomes evidence, and evi- 351 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 352

[Mr. Carty.] cellation of registration can be sought by the chief dence that is analysed and researched becomes inspector from the District Court if the chief knowledge. The potential of applied health infor- inspector believes there is a risk to the life or a mation to transform all aspects of health care serious risk to the health or welfare of people delivery and to effect major improvements in resident in a centre. population health is clear and, with consistent I welcome the Minister’s pledge to set up a effort, attainable. The implementation of this commission on patient safety and quality assur- strategy will contribute in a very significant and ance to examine and make recommendations on fundamental way towards achieving that goal. a system of licensing for all public and private HIQA will play a crucial role in promoting providers of health care, which includes public, delivery of the highest quality and most efficient private and voluntary hospitals. It is the direction health services to people in every part of the we must take to give patients the greatest possible country. The Bill also establishes the office of the assurances of safety and quality care. chief inspector of social services within HIQA, I am certain HIQA will bring efficiency, quality with specific statutory functions. The chief inspec- and effectiveness to the health sector to inform tor will be responsible for inspecting residential and assist decision-making at all levels — services for children in need of care and protec- national, local and individual. It will be a guaran- tion, people with disabilities and older people, tor for the public and taxpayers that the highest including in private nursing homes. Inspections and toughest standards of safety and systems are will be carried out against standards set by HIQA in force in our health services and that value for and regulations made by the Minister. The chief money in the delivery of health and personal inspector will also be responsible for registering social services is guaranteed. these residential services, inspecting special care units and monitoring the delivery by the HSE of Mr. Callely: I welcome the opportunity to par- foster care services, the scheme for boarding out ticipate in the debate on the Health Bill. I have of older people and the HSE’s preschool inspec- expressed my concerns previously about incon- tion system. sistencies in standards in long-stay institutions I was delighted the Minister assured the House throughout the regions. Therefore, I welcome the that the preparatory work has been carried out establishment of an authority that creates a regis- by the interim HIQA so that, as soon as this Bill tration and inspection system for residential is enacted, it will be ready to use its powers. It is services for children, people with a disability and reassuring to know that very soon there will be older people in need of care and protection. a fully independent inspectorate for all nursing We must leave until another day the debate on homes for older people, public and private, as the issues of a reporting structure and how well as centres for people with disabilities and Members will be able to debate and get infor- for children. mation on the separate authorities and inspector- It is vital HIQA has strong powers. It will set ates that will be established. I welcome the fact national standards and the chief inspector will that we are establishing a registration and inspec- inspect residential facilities against these stan- tion system, but I am not satisfied this should be dards. Where necessary, the Bill provides for the end of it because when we establish such action to be taken quickly to protect health systems, we are inclined to lose the connection service users. It also includes provisions for the we need to tease out issues related to the auth- urgent closure of centres. No longer will there be ority or service. That debate is for another day. any issue about the legal capacity to urgently shut I am not sure all Members or the public were down a nursing home or residential care centre fully aware of the registration and inspection that is clearly failing in its duties and obligations. system we had in place or that they are aware of There is no doubt a rigorous and robust inspec- the new system that will now operate. I welcome tion system is being set in place. Centres will be the registration and inspection requirements that inspected against standards set by HIQA and will apply equally to all providers of residential regulations made by the Minister. The chief care centres. inspector of social services will have extensive The main objective of the Bill is to provide for powers in carrying out inspections and may enter the establishment of the Health Information and a centre, examine any records, take copies of Quality Authority, HIQA, and the Office of documents and inspect and remove other rel- Chief Inspector of Social Services within that evant items. The chief inspector can also inter- authority. In reading the Bill and the explanatory view staff in private and interview residents. Resi- memorandum, I like to think all the i’s have been dential centres may not operate unless they have dotted and all the t’s have been crossed. That is been registered by the chief inspector and it will not my area of expertise and I trust those charged be an offence to operate without registration. A with that responsibility have ensured this is so. It centre must be in compliance with the conditions seems, however, the Minister is doing her best to of its registration. Registration details will be ensure a rigorous and robust registration and available to the public on the Internet. The chief inspection system will be in place and that the inspector can cancel a registration if the residen- relevant authority will have extensive powers to tial centre fails to meet standards. An urgent can- carry out its functions. 353 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 354

One might think the reason the Bill is before House when he has done so to say what he thinks the House is because it is responding to a small of that service. number of cases given significant public attention. I am aware the leader of the Opposition, It is not; the picture is bigger. Thousands of Deputy Kenny, is desperately trying to gain pol- people receive professional and caring services itical support and yesterday on the Order of Busi- from both public and private service providers, ness he raised the issues of the accident and emer- but a difference has existed between the appli- gency department at Beaumont Hospital, St. cation of regulations in the different services. Joseph’s Hospital and St. Mary’s Hospital. I support the Bill as it sets good and fair stan- Regretfully, as is normal with Deputy Kenny, he dards across all providers of services. In fairness, got it all wrong. That is no surprise. He is dedi- the Bill could not be introduced or implemented cated to too much comment on his incorrect diag- in the past as some of the statutory providers nosis and not enough on a proposed solution to might not have been able to meet the new stan- problems in the services. I am not alone in saying dards. While private service providers had a this; it is being said on the ground and the Fine system in place, there were inconsistencies. Gael Party knows that is the case. However, the House should acknowledge the I have a great knowledge and understanding of dedicated and committed people involved in the the services emanating from Beaumont, St. provision of long-stay accommodation across the Joseph’s and St. Mary’s hospitals. I have worked public and private area. These people have pro- with these authorities along with other service vided TLC to people in need 24 hours a day, 365 providers in the area to enhance and develop days a year. services. I salute all the personnel in these I pay tribute to and congratulate all those hospitals, who provide tremendous care and give involved in the provision of long-term care to of their best in the delivery of services. people in need of such care. The welfare and hap- Beaumont Hospital undertakes tremendous piness of children, people with a disability and work as part of its regional and national specialty. older people in need of long-stay accommodation Just as Deputy Kenny challenged people on the is paramount and a reflection on us as a nation. Government side of the House, I challenge him It is only right that the public should have confi- to come with me and visit the neuro-surgery ward dence in the provision of service and that there at Beaumont Hospital to see the good work being should be no difference in the quality of care in carried out there. He should also visit all the public, private or regional services as in the past. other wards in the hospital to meet the dedicated The new registration and inspection system personnel, in particular, a geriatrician named Dr. meets the best international norms. I always like Ciaran Donegan who is doing extraordinary to set higher standards and feel we should go a work. bar higher. As a nation, we have the ability to set I agree, that like busy stations, Beaumont new best international standards. God knows we Hospital has some pressure points that are a need change. If this truth is not recognised, all source of concern. There is a bottleneck in acci- the restructuring, reform and sophisticated dent and emergency departments and I am con- specialisation will be of little benefit. cerned about delays in the accident and emer- As the population increases — our population gency department. Like Deputy Costello, I share is estimated to reach 7 million by 2021 — there the concern about the figures being presented to will be greater demand for long-stay accom- us by the HSE. I stated previously on the public modation. It is only right, therefore, that all record that the jury is out in the case of the HSE. service providers will be required to meet quality I concur with what Deputy Costello stated standards and there will be open and transparent about the figures being presented. I know well monitored enforcement of standards. their source, Ms Helen Stokes, because I worked Other speakers raised the issue of acute with her, but I do not know who is asking her to hospital services. I have the height of regard for provide the figures as they are being presented. Deputy Costello, but I am disappointed that he Figures in my possession indicate that on 10 seemed to cherry-pick certain issues relating to January eight out the 33 accident and emergency accident and emergency services. I can relate to departments — 24% — had nobody waiting for what he said, but I am surprised he would not admission and 16 out of 33 accident and emer- give credit to some of the success stories in our gency departments — 48% — had nobody wait- services. When I mentioned Smithfield, the ing, and that, as late as 21 February, eight out of Deputy seemed to be at a loss and started talking 34 accident and emergency departments — 23% about primary care. He does not seem to know — had nobody waiting for admission and 15 out what is happening in Smithfield, which is in the of 34 accident and emergency departments — heart of his constituency. What is happening 44% — had nobody waiting, and then one sees a there will have a significant impact and has phrase, “from the time they had been referred by already had an impact with regard to those who the accident and emergency team for admission”, attend the Mater Hospital to which he referred. I under the latter figures which gives the distorted suggest Deputy Costello should visit St. Mary’s picture on which I concur with Deputy Costello. rapid access facility and see what is happening in What surprises me is this. When I was in the Smithfield. I would like him to come back to the Department of Health and Children I initiated 355 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 356

[Mr. Callely.] culty is when something good works in one place the Rapid Access Clinic, which avoids entry they do not try it everywhere else, and this is a through accident and emergency. It has proved so matter which we should examine throughout the successful that the Department is now providing Department. There are some initiatives working special funding to set up a new centre in Smith- in various hospitals that would work quite well in field, not alone to accommodate the Mater Miser- my local hospitals as well, if they were given the icordiae Hospital’s accident and emergency money to implement them or made a priority. department but also Beaumont Hospital’s acci- There are solutions arising from both sides of the dent and emergency department. Deputies House, but we need to get them into every Kenny and Costello do not seem to understand hospital. Certainly, I cannot stand here and this. They are looking at their own political, accept that an Opposition Leader cannot raise general election orientated diagnosis of a issues that are obvious to the eye. situation, but there is much good work taking Deputy Callely mentioned Beaumont Hospital place. and other speakers mentioned other hospitals. Deputy Kenny got the geography of St. Many clients in my area in County Meath who Joseph’s incorrect. I am delighted that I, when in must attend neurologists, surgeons and other con- the Department, allocated the first funding to St. sultants in Beaumont Hospital could have to wait Joseph’s for a special rehabilitation unit for a year and a half to get an appointment. That is stroke patients, which heretofore we had not got somebody’s fault and it needs to be fixed. I in the services. acknowledge excellent work is done when one gets to the relevant person but a year and a half Acting Chairman: Deputy Callely should is a long time to wait to get an appointment. conclude. Mr. Callely: Where does the fault lie? Mr. Callely: If one looks at the bigger picture, we have seen a tremendous development of Mr. English: We will go into that here. We get services for cardiac care and heart and lung trans- successive announcements from the Minister for plant. It is regrettable that I am out of time. I Health and Children, Deputy Harney, that wait- acknowledge the Bill is of some worthy benefit ing lists have been shortened, and yet the waiting and there is much good work being done, but I lists to get on the waiting lists have lengthened. also acknowledge that there is a great deal more The National Treatment Purchase Fund was a to be done. great initiative. I accept that it solves a problem within a couple of months for a person whereas Mr. English: I am sure Deputy Callely, like years ago that was not the case, but it is no good everybody, would like to expand his local massaging the figures creating a long queue of hospital, but I will bring him to my hospital where people on waiting lists to get on the waiting lists, he can see what happens there under the same which happens in the case of all the hospitals in Government. Yesterday Deputy Kenny tried to my area, the figures for which I will get if they raise facts about what he saw on his visit. We all are sought. That does not help. Deputy Callely know much good work goes on in all our mentioned Ms Stokes and I receive her replies hospitals, and especially in Beaumont Hospital, to parliamentary questions as well. We must get but it is his duty, as an Opposition Deputy, to honest information and have a proper debate on raise issues that are not satisfactory. He will con- it. One must not try to massage the figures tinue to do that and Fine Gael will always do so because that does not help patient safety at all. until we get the chance to fix them. One should The Bill falls well short of the protection for not pull him down for doing so. That is his duty patients we in Fine Gael and Labour want to and he is doing a good job. If it touches a nerve, provide and our document published a number of that is the Government’s problem. months ago highlighted clearly what we want to do. While I can go through this step-by-step if Mr. Callely: Give us the solution. need be, I suggest Deputies read it so I may go Mr. English: My party has plenty of solutions. on to other matters. It is clearly stated there, Deputy Twomey has an endless number of however, that we want to go a step further. solutions. It is a pity the Minister would not take on board some of our initiatives and just accept Mr. Callely: He has no solution. them. It is the same old story here. Good ideas get put to one side due to politics and people con- Acting Chairman: I ask that Deputies stop tinue to suffer. I am sure it has happened in the interrupting each other and Deputy English pro- past and it is not all one-sided, but it should not ceed without interruption. happen. When something is good, we should agree, implement and accept it. Deputy Twomey, Mr. English: I point out that Deputy Callely along with his colleagues in Labour, produced a mentioned some solutions he himself put in place, good policy on patient safety and a patient safety which are impressive and which have been used authority. It contained much which was good in other hospitals around the country. My diffi- which could have been improved, but yet this Bill 357 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 358 comes far short of it. That, in itself, is a disap- bureaucracy and red tape. Eventually, maybe this pointment. We will push to get improvements in will lead to a result. In some areas it has already, that area. but in many cases it has not. I accept that such The Minister is already speaking of introducing change takes time but we need to drive it much amendments to the Bill on Committee Stage to faster in some areas. provide for whistleblowers. Such a provision, In her speech the Minister spoke of the import- which must be introduced as an amendment, ance of bringing the Da´il back early for this legis- should be a given in a Bill on patient safety. lation. The Da´il was rushed back in January to The health service is covered by a veil of sec- discuss this Bill. A Bill like this probably would recy dating back many years. The walls hear and not even get on to the third or fourth page of a one cannot speak. I have worked in it and I know national newspaper in another country because what it is like. People are afraid to open their issues like this authority and other patients’ rights mouths in case someone next door, through a ten- would be accepted as a given and would not even foot wall, will hear them. That is the extent of the need to be discussed, but due to all the scandals fear in the health service and it still exists among and bad news over the past few years in this coun- staff. They are afraid to open their mouths when try it must be discussed and this necessitated call- they see problems, they are afraid to speak and ing the Da´il back early to debate it. they are afraid to question and consult. That has Despite all the Minister’s hype about bringing not changed yet under the HSE. I assume it will the Da´il back early a month ago to discuss this and hope it does. I assume and hope Professor Bill, we are still here discussing it. It was off the Drumm will drive changes. I have spoken to him agenda, then it came back on the agenda for two about it. weeks and we did not get to it, and here we are However, this issue still arises. One can state a month later discussing an urgent Bill. We had that maybe it arises only in my area, but I know proof last night of what can be done if something it arises and it must be sorted out. If people who is urgent. If this was so urgent and at the centre work for the State see a problem or have a ques- of the Minister’s heart, why are we still here a tion or a better idea, they should not be afraid to month later discussing it? open their mouths and doing so should not result In her speech the Minister stated that step by in difficulties down the line. That, in itself, is a step, in the reform programme and legislation, we form of bullying. The Minister of State, Deputy are leaving behind the old system. As I men- Brian Lenihan, is looking at me as if I were tioned earlier, I am not convinced we have left speaking nonsense. I am not. It is a fact and we behind the old system and in some cases it is a need to sort it out. Whistleblower legislation is matter of step by step in reverse. Efforts to certainly an essential ingredient in sorting that achieve accountability are going backwards. We out. can no longer obtain answers in a few days regarding the problem of a client — doing so can Mr. B. Lenihan: I do not think he is speaking now take months. It can take and has taken three nonsense. or four months to obtain figures on waiting lists. We are going backwards in terms of account- Mr. English: Good. I do not blame a particular ability and responsibility for the health service. Government for the veil to which I refer, but we The Minister seems to have put the problem to must admit it exists and sort it out. A Bill like this one side. Responsibility for every second is a way to tackle that and to legislate to protect parliamentary question on the health service, if whistleblowers and those who want only to have not more, is passed to the HSE. everyday conversations never mind whistleblow The Minister stated we are leaving behind the on a serious matter. There is that feeling among old system in which vital information on health staff in the health services that they cannot speak was not gathered comprehensively, and in which out and get involved. That is a pity because we the assessment of new technologies and new need to hear everyone on these issues. drugs was not done clearly and systematically to The people in the health service must realise serve the interests of patients and taxpayers alike. their job is to help people provide a service, not Let me hone in on new drugs. There has never to block access to a service or create issues to been a full debate on methadone in this House. I prevent a person from getting the help and have tried to obtain information on it left, right service he or she needs which also happens. Often and centre, but it is very hard. The buck is being there are good staff in the wrong positions and passed between the Minister of State at the bad staff as their bosses, and that needs to be Department of Community, Rural and Gaeltacht sorted out. There is much expertise and many Affairs, Deputy Noel Ahern, and the Minister for excellent staff among the health services who are Health and Children, Deputy Harney. Nobody not being used to their full ability. It is a shame will make a decision on it. The State is spending and people will suffer as a result. There is a need vast sums on methadone without debating fully for a root and branch review of everyone’s posi- whether it is the best product and examining fully tion in the health service, which I thought would other drugs and initiatives in other countries. We happen under the HSE but which has not hap- are not trying to take people off methadone and pened. Instead, there have been more layers of not doing so can be serious. Doctors are prescrib- 359 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 360

[Mr. English.] by someone when he or she has time to do so. ing it to get patients off heroin, which is a step in This defeats the purpose. the right direction, but patients should not remain The chief inspector will have the power to on it. There are thousands of people taking operate and register the various centres. The methadone with no date specified on which they Minister stated registration details will be avail- are to stop taking it. This incurs a high cost and able to the public on the Internet. Not everybody a better approach could be taken. has access to the Internet although we wish they The Minister listed all the changes she is mak- did. Ministers have a habit of talking about the ing and the initiatives she has implemented. It Internet, but retirement groups, Active Age seems she operates a system used in business members and representatives of the Older and called “just in time” in that she seems to Bolder campaign tell us at their meetings that not implement many initiatives just in time for the everybody can use it. We must therefore make election. It is a shame because I believed she registration details available from other sources, would do a lot more for the health service. be it in hospitals or HSE buildings. It is not satis- One function of the Health Information and factory that the Minister’s speech refers to mak- Quality Authority is to set down standards on ing information available on the Internet and safety and quality for all services. What will hap- nowhere else. pen if those standards are broken? It is not clear Under section 50, the chief inspector can cancel in the Bill. Will the authority set down further a registration, vary a condition of registration or standards regarding the delivery of services? impose new conditions. Will the legislation leave If an elderly person needs an assessment to the cancellation of registration straightforward? I have his house adapted, enter a nursing home, am not convinced it will. Will there still be a grey obtain treatment or receive a visit from a consult- area that will not be addressed for a long time? I ant, he will be put on an endless waiting list and want this clarified because it is important. may have to wait from one to 15 months. At no Hospitals, nursing homes and health and social stage is a red flag waved to indicate this period is service departments can best be described as too long. It is waved in respect of the national places where patients go to receive care and get treatment purchase scheme but in other areas one better. They trust the system to keep them safe, could have to wait a long time just to be assessed look after them and make them feel and get or obtain information or an appointment. A stan- better. Sadly, this does not happen in this coun- dard should be set down to ensure the existence try. The trust has been abused and patients have of a set waiting time. If a patient must wait been let down, albeit only in certain places. This beyond two months to see a consultant, a red flag is why we are debating this Bill. Thanks to my should be waved and the HSE should step in and colleague, Deputy O’Dowd, this matter has been provide the service in another way, be it privately highlighted in recent years. It is a case of “recent or otherwise. We must have standards and years” rather than “recent weeks”, yet nothing patients need to know what is in line for them. has been done. In some cases, it is question of too The Health Information and Quality Authority little, too late, but at least we are moving on. will be able to carry out reviews to ensure best The needless death of Monaghan man Pat Joe outcomes and value for money for the resources Walsh from a curable ulcer occurred because of available to the HSE. What powers will the auth- the apparent lack of a bed in neighbouring ority have in this regard? If the reviews highlight hospitals. While hindsight will not bring him a problem, what action will be taken? Will back, sadly, it proves that several hospitals were another report sit on someone’s desk or will it available. Pat Joe Walsh and countless others like be forwarded to the Minister? Will the authority him should not have died, yet they did. The ques- demand action on foot of the information it tion of why is still unanswered and many people gathers for its reviews? There is no point in from Monaghan and others with similar tales are reviews if they do not achieve anything. still asking it. Will the authority prevent needless The authority is to evaluate information avail- deaths, protect patients’ rights and make infor- able on services provided by the HSE and other mation available? Patients are not being looked service providers and on the health and welfare after and do not feel safe. of the population, identify information deficienc- MRSA and other superbugs such as the winter ies and advise the HSE and the Minister accord- vomiting bug have infested hospital wards, strik- ingly. It should advise the public and not just the ing fear into vulnerable young people and cher- HSE and Minister. A body produced a document ished elderly, who believe a routine hospital stay before the Christmas holidays on the future of may result in their acquiring a more serious and Irish in schools. Neither I nor the public has seen vicious illness than they already have. This is cer- it because it is with the Minister. If we are to have tainly not right or fair and should not be accept- an authority to prioritise patient safety, it should able in 21st-century hospitals. However, it seems surely make its advice available to the public first, to be acceptable because not enough is being or at least at the same time as it is received by done to stamp it out. Getting rid of MRSA is not the HSE and Minister. It should not be handed rocket science. There are some simple and com- over on the quiet in a little document to be read plicated solutions and we could certainly make a 361 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 362 real effort to implement them. The authority has people have a long way to travel in an emergency. a role in ensuring MRSA is stamped out. We are all aware of the need for crash or heart The MRSA problem has been neglected in attack victims to be treated in a hospital within recent years and has not been solved quickly the golden hour. I acknowledge that plans have enough. Announcements were made to the effect been made to introduce modern technology and that money is being spent on it, but there is no additional paramedic staff in the north east but real effort to stamp it out. We published a Bill on these facilities are not currently available, so it the matter and launched an initiative but we have would be wrong to withdraw surgical services been debating it for months. For a start, a person from Navan Hospital. A reduction in services cer- responsible for overseeing cleaning should be put tainly would not protect patients. in charge in each ward. This is the number-one However, nobody has met the people of requirement. County Meath to discuss the issue properly. We Many hospitals and health centres have con- are told in meeting after meeting that surgical tract cleaners who clean other buildings on cer- services in Navan were not adequate but the tain days of the week. They are not specially answer seems to be to withdraw the services trained to clean hospitals and theatres and there- rather than propose ways of improving them. The fore do not clean to the high standard required. real solution involves providing additional staff We should address this. Years ago, there were in- and resources so that the hospital has a proper house cleaners who worked with the nurses, thus keeping the hospitals clean. In some cases, surgical department which serves the needs of the extreme measures were taken, nevertheless we area. Ten years is a long time to wait for a new must ensure that professional people who know hospital, especially when the existing services exactly what they are doing are put in charge. have already suffered from ten years of neglect. Their expertise should be in the area of cleaning The last time proper capital investment was made hospitals and hospital equipment. This is very in Navan Hospital was under the rainbow important. Government. The accident and emergency The Teamwork report sets out the future of department has been housed in a portakabin for services in the north east. It is a worthy document the past 30 years. in its own right and has much good content. It The report, which is supposed to set out the indicates where we want to go and I and my party future of health services in the north east, recom- fully support it. It recommends building a brand mends a reduction in the services provided at the new regional hospital to serve the north-east hospital. That does not appear to be patient region and this makes total sense. However, at centred. I have asked Professor Drumm, who says best, this will not be built for seven or eight years he would be happy to debate his ideas for the and will probably take ten to 15. The document health service with anybody, to explain his inten- specifies a target of approximately ten years. The tions to the people of the north east because we authors of the report, which has been accepted do not believe him. The hospital has been neg- by the Government and HSE and which is being lected for years and we hear daily announcements enforced, recommended a reduction of services in that services are to be withdrawn. The laboratory many of our hospitals. One of the short-term aims service has been reduced, with the result that of the report is to remove the emergency surgery blood samples and other material are sent at facility from Our Lady’s Hospital in Navan, great expense to the UK for assessment. County Meath. This has effectively been done but I ask that the Government engages with the nothing better has been put in its place. Patients people of the north east rather than lecture us. have been diverted from Navan Hospital to Our Few people in County Meath are trained to Pro- Lady of Lourdes Hospital in Drogheda, which is fessor Drumm’s level but we know what we want under unbelievable pressure and cannot cope. This Bill provides for patients’ rights and protec- and need. It is up to the Minister for Health and tions, yet the patients will be put in danger Children and the professor to tell us we are get- because services are being withdrawn from exist- ting a better service or else to admit that our ing hospitals in Navan and elsewhere before a existing services are being withdrawn. new and better facility can be built. That is a dis- grace and will result in people’s deaths. The Mini- Mr. O’Connor: I would have been happy to ster of State has visited Enfield to open creches, share my time with Deputy English because he so he is probably aware that it is a long journey was speaking well. I had presumed he was a small from there or Ballivor to Drogheda. child when his party was last in office.

Mr. B. Lenihan: My constituency is adjacent to Mr. English: I was never small. County Meath, so I am very familiar with the area. Mr. O’Connor: I do not want to upset him further when I say a visitor to my packed clinic Mr. English: The Minister of State therefore in Tallaght last Saturday had an address in understands that the roads in County Meath are Navan. The person apparently heard I was good, not as good as those of other counties and that so had come to see me. 363 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 364

Mr. English: I am sure the person had a throughout the eastern region gave me a clear health problem. insight into the health system. I am not afraid to admit that I questioned the abolition of a system Mr. O’Connor: Funnily, that was not the case. in which visiting committees and public represen- Deputy English mentioned Navan several times, tatives had regular opportunities to visit hospitals. so I hope I will be permitted to make at least one I do not want to be disloyal with regard to mention of Tallaght. decisions made by the Government but I believe processes should be in place which allow account- Mr. English: There was logic to my argument. ability to be challenged and health institutions to County Meath is being neglected. be visited. Given the issues that have arisen in recent times, it is important that we understand Mr. O’Connor: The Health Bill 2006 is a cen- the need for accountability. tral element of the health service reform prog- The Minister of State at the Department of ramme. The Bill provides for the establishment Health and Children, Deputy Tim O’Malley, is of the Health Information and Quality Authority aware of my particular interest in the issues that and the Office of the Chief Inspector of Social come within his remit. I congratulate him in this Services with specific statutory functions. regard. Within the context of today’s debate, it is I always welcome the presence of the Minister important he should understand the concerns of of State, Deputy Brian Lenihan, and I look for- Members in respect of establishments and ward to seeing him in Tallaght tomorrow, when institutions. he will accompany the Taoiseach to An Cosa´nin I have often visited homes and other resi- Jobstown to formally launch the childhood dences. I have told the Minister of State a number development initiative and a place for children in of times that several weeks ago, I visited the Cen- west Tallaght. The project in west Tallaght, the tral Mental Hospital in Dundrum with other col- young Ballymun project and the northside part- leagues. While this was not my first visit, it was a nership project were invited by the Minister of profound experience and such occasions are chal- State to submit proposals for funding. He has lenging. One is anxious that those who may be a recently confirmed that the Tallaght application danger to themselves or to others should have was successful and that a service level agreement secure accommodation. At the same time, issues has been reached. In the context of this discussion are often raised during such visits and some were on health, it is important that we welcome initiat- raised with the delegation. It was organised by ives on caring for children. Newstalk 106 arising from a discussion that was Yesterday, the Taoiseach, the Ta´naiste and the broadcast one night. I was accompanied by Minister for Social and Family Affairs announced Deputy McManus of the Labour Party and Dr. a initiative by the Government on social James Reilly from north Dublin, who is a former inclusion. The area the Minister of State will visit member of the health board and has a back- tomorrow has benefited significantly from the ground in the Irish Medical Organisation and we enlightened approach in recent times to social saw things that worried us. The Minister of State, inclusion. I am in this House as the successor to Deputy Tim O’Malley, has taken a particular the long-serving Tallaght-based Deputy, Chris interest in this subject and I am aware he is con- Flood, who as a Minister for State pursued the sidering the challenges facing institutions such as goal of social inclusion. I am glad that I have been the Central Mental Hospital. It is important for able to take up the torch in that regard. him to so do and that Members are not afraid to I cannot engage in debate on any health matter raise such matters. without referring to Tallaght Hospital and the There has been much recent talk on hospital challenges it faces. I always speak positively services. This important issue was raised during about that hospital and health matters generally Leaders’ Questions last Tuesday and again yes- in the Tallaght area. I bring my own life experi- terday, when I had the opportunity to refer to it. ences to my political work, including the health I will not comment on who goes to what hospital scare I experienced when I had a mild heart on guided tours except to state that many attack eight years ago. We can criticise hospital Members, particularly those on the Opposition services but I am proof of the positive effects benches, are suddenly talking about the general hospitals can have. I must give credit for my election. I will not lose my focus. As far as I am recovery to the cardiac rehabilitation staff in concerned, unless the Taoiseach decides other- Tallaght, who convinced me, when I was not sure, wise, no election is imminent. He made that point that I should run for election. last Tuesday. Until a few years ago the Taoiseach I became a member of the Eastern Health of the day called the election, after which all the Board in 1994 and was the founder chairman of candidates were selected. I was selected two years the South-Western Area Health Board. I listened ago, which is different. Previously however, can- carefully to the issues raised this morning by didates would knock on doors for three weeks. Deputy Callely, who was also a former health At present, Members are in the midst of the long- board chairman. The experience I gained from est-ever election campaign in the history of the my time on the health board in terms of visiting State. It has certainly been the longest of my life- hospitals, nursing homes and other institutions time. This has created a false atmosphere and I 365 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 366 presume Opposition Members have been given a children’s hospital services must be retained. This script because they are all mentioning it. is my bottom line. While I apologise for mentioning Deputy Mr. English: There is no script. Members on English so frequently, he was the most immediate the Opposition use their brains. previous speaker and I listened to him carefully. He referred to drugs services about which I have Mr. O’Connor: I believe someone suggested all always been strongly supportive and proactive Government initiatives should be responded to within the community I represent. All Members by claiming they are related to the election. should feel strongly in this regard, as it is often Regardless of whether it is good or bad news, it extremely difficult to have such services accepted must pertain to the election. However, the elec- in some communities. However, they should be tion has not been called yet and Members must supported. remain focused. I am not looking for a job as I I am glad the Tallaght drugs task force and the already have one, which I wish to complete. various services in the Tallaght region, including Thereafter I will go before the people to ask them the JADD group in Jobstown, the St. Dominic’s whether they wish to retain me. I am a democrat services in Millbrook Lawns, the various com- and this is what I want to do. munity organisations in Tymon North, St. Enda’s and Brookfield, are all doing tremendous work. Mr. English: Deputy O’Connor should have The same is true for the Tallaght Rehabilitation some sense. Project in Kiltalown House, which had its new premises launched recently by the President. I am Mr. O’Connor: I will knock on every door in also highly supportive of the SWAN family sup- Tallaght, Brittas, Bohernabreena, Firhouse, port group in Springfield. I mention those groups Templeogue and Greenhills to bring that message and the latter in particular because the previous to the electorate. As is my custom, I will talk to speaker made a point about how services are and listen to people every day at my work and at funded. I have no problem with the HSE moni- the eight clinics I hold every week, as well as at toring such services or inspecting them. However, the other activities in which I engage. I will listen it sometimes occurs to me that it should be to people’s concerns, including those pertaining pressed home to the HSE that it allows some pro- to health. jects to fall through the cracks. It becomes While people may discuss Navan Hospital with unclear exactly what are the services, what they Deputy English, they certainly talk to me about should provide, with whom do they compete, who Tallaght Hospital. I live within sight of the should give them money and how much should hospital and have been a patient there. I am very be given. I make another plea on behalf of such proud of my involvement with the hospital over local organisations and for the SWAN group, the the years. The current Ceann Comhairle family support service in the Springfield estate appointed me to its planning board almost 20 where I live. It needs such help in this respect and years ago. I was on the hospital’s management it is important to make this point. board as a nominee of the Eastern Health Board I wish to make another general point on health when it opened in 1998 and I feel strongly about services in Tallaght and I will mention the it. Moreover, I am concerned by what I have wit- hospital again shortly. However, when issues such nessed there, as I visit it regularly to see friends. as safety and the adequacy of facilities and so on For example, my niece was there a few weeks are discussed, I have referred several times, both ago. I have regular opportunities in this regard. in this House and as the Government convenor The hospital faces issues and challenges that I am on the Joint Committee on Health and Children, not afraid to raise and I will continue to so do on to the development of primary care services in a regular basis. For example, I have strong feel- the Tallaght area. Some fine health centres now ings on the question of future cancer services in operate in Tallaght. I refer in particular to the Tallaght Hospital and I believe that Tallaght must Mary Mercer centre in Jobstown. be one of the designated centres on publication of However, while I do not wish to be parochial the Department’s cancer report. I will be deeply or to confuse Members on Tallaght’s geography, unhappy otherwise. a health centre exists in Millbrook Lawns in Moreover, I have been consistent in my views Tallaght. Some Members have heard me mention on children’s services at Tallaght Hospital. They it more than once. I raise it regularly in the House were established in 1998 by a charter upheld by and at HSE briefings. This centre was badly the Taoiseach, when the Adelaide, Meath and damaged by fire eight years ago and it is relevant National Children’s Hospitals all moved to to discuss it briefly in the context of the legis- Tallaght. At that time, there was a clear under- lation under discussion. The HSE must under- standing that the children’s hospital had been stand by now that it is time to redevelop that located in Tallaght and would remain there. centre. It is not good enough that staff, clients Regardless of other decisions taken, the issue of and the public must tolerate a building that was the Mater Hospital, the location of the new super badly damaged by fire and that still awaits children’s hospital and regardless of whether I redevelopment. However, when the HSE con- live in Tallaght, it is clear to me that Tallaght’s firms plans for its redevelopment, Opposition 367 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 368

[Mr. O’Connor.] Opposition colleagues are entitled to be critical. Members will claim this it only due to the forth- This Bill and others introduced by the Minister coming election. I will be obliged to tolerate this try to get the job done. I attended a meeting of and to keep my focus. It is time to redevelop the the Oireachtas Joint Committee on Health and Millbrook centre and this is another bottom line Children a few weeks ago. Deputy English should for me. Whatever happens to me in the election, hear this before he leaves. I will still fight for those services. It is time the HSE did so. Mr. English: I must attend a committee Colleagues mentioned the HSE. I will not pile meeting. misery on it except to state it should be more pro- active than it thinks it is on issues brought to its Mr. O’Connor: At that meeting no less than attention by TDs. I have a health the SDLP spokesperson from Northern Ireland 1 o’clock board background, I attend all the stated she was very impressed by what she sees of briefings and I put down Da´il ques- the work of the Minister for Health and Children, tions. The HSE claims it is trying to improve the Deputy Harney. I do not ask the Deputy to system. However, it is frustrating to put down believe it, I am only stating what the lady said. Da´il questions and receive holding answers. Pro- The Minister is a former colleague of mine. She fessor Drumm was a bit vexed with me when I represented my constituency very well. I was mentioned an occasion when the HSE phoned me happy she decided to go to another constituency to ask the location of Millbrook Lawns health to give me a chance. I look forward to supporting centre. For a public representative such matters the Bill and I thank the Acting Chairman for his are a bit annoying to say the least. The HSE must courtesy. continue to grapple with the problems before it. They provide the service which people expect. Mr. Ferris: This Bill is too little and too late. It is about providing safe environments in which However, it is no surprise that we are disap- to provide health services, whether in health pointed yet again by the Government when it centres, doctors surgeries and, in my case, comes to delivery of equity and the highest stan- Tallaght Hospital. People from Tallaght use other dards in our hard-pressed health services. I want facilities such as the Coombe, St. James’s and to pay tribute to the frontline workers in the even Beaumont. It is important to state that. health services who must work against the odds Regarding the Bill before us which I have because of the disastrous policies of this and pre- been discussing—— vious Governments. I wish to state categorically my meetings with health care providers in Tralee Mr. English: Deputy O’Connor has two General Hospital have shown me the nurses and minutes left. doctors working there are second to none. It is a disgrace that members of the Irish Mr. O’Connor: Is Deputy English watching Nurses Organisation and the Psychiatric Nurses my time? Association have been driven to take industrial action, beginning next week, because of the fail- Mr. English: Does Deputy O’Connor know ure of the Government and the HSE to ensure what the Bill is called? proper working conditions and standards of pay Mr. O’Connor: I am impressed such a promi- for these workers. I urge people to support their nent member of the Opposition and such a fav- lunchtime protest on Monday, 26 February at oured comrade should stay to hear me speak. I Cork University Hospital, to be followed by pro- might do a press release on it. tests at other hospitals in the coming weeks. Much criticism has been made of the health Members of the IMPACT trade union in the services. I am not afraid to state from the health services also had to put industrial action Government benches that people should be on the agenda because of the way their workers entitled to services. I come from an old Dublin have been treated. which had hospitals everywhere. I lived within When the task force report on accident and sight of Mercer’s Hospital, the Adelaide Hospital, emergency services was published last month the the National Children’s Hospital and the Meath Health Service Executive claimed a major Hospital. As one may gather I lived just up the improvement had been made in accident and road. Funnily enough, I am not from Tallaght. I emergency services. However, it then admitted it am from this parish. I remember those days. Per- only begins to count the waiting times for patients haps times have moved on. in accident and emergency units from when con- sultants decide to admit them as in-patients. No Mr. English: That makes 80 references to account is taken of the time, often amounting to Tallaght. many hours, spent waiting to be seen by a consultant. Mr. O’Connor: Perhaps all we need to deliver When one examines the figures, one sees no hospital services is a number of big hospitals. improvement whatsoever has been made. In However, they should be safe environments. February 2006, the highest daily figure for people People are entitled to make political points. on trolleys and chairs in accident and emergency 369 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 370 units was 392. This month, February 2007, has only six weeks. This makes a massive difference already exceeded that figure because yesterday, to women in terms of reducing their anxiety and 21 February, 412 people were on trolleys and allowing them to access any necessary treatment chairs. if the tests prove to be positive. Therefore, it is This week we had a scandalous situation at vital that such a programme is made available in Beaumont Hospital in Dublin where there were this country. 52 people in the accident and emergency unit and When will this Government and the Minister the hospital appealed to people to stay away. This for Health and Children finally admit the serious- is the proud legacy of Fianna Fa´il and the PDs ness of the problem with hospital infections such who have been in office for the past decade with as MRSA? Why are they afraid to admit the three Ministers with responsibility for health, all extent of the problem? Is it because they truly of whom failed miserably. believe it is not that bad, or has it more to do I will speak parochially on the provision of with hospitals being chronically overcrowded, health services in Kerry. According to the INO, understaffed and underfunded, and they know people lie on trolleys nearly every day of the MRSA cannot be tackled until the problems in week, despite claims to the contrary by Govern- hospitals have been dealt with? Perhaps if the ment politicians and the HSE. Kerry General Minister was as passionate about sorting out the Hospital’s accident and emergency department is public health system as she is in pushing her priv- still without a consultant since the resignation of atisation agenda, people would not be afraid to Dr. Barry O’Rourke, who resigned more than a go to hospital for fear of becoming ill. I know year ago because of the shortage of a registrar people are afraid to go to hospital because they and other staff. Kerry General Hospital is chron- fear they will contract the MRSA bug. Last ically understaffed, particularly in the accident evening I was in Tralee General Hospital where and emergency department, and we understand a I met a person who had had a hip operation a recent review of staffing levels revealed that at number of months ago. He has unofficially been least 70 new staff must be recruited. told that he has MRSA, yet the hospital will not I also wish to draw attention to psychiatric officially confirm this. I know another person waiting lists. Last December it was revealed that who has refused to go into hospital, despite being children may have to wait years for psychiatric in need of treatment, because of a fear of con- treatment and that Kerry has the longest waiting tracting the bug. The Government and the Health lists in the country where children must wait up Service Executive must face up to their to four and a half years to be assessed. It is no responsibilities on the MRSA issue. coincidence that County Kerry has one the high- I have spoken with many who work in the est rates of suicide in the country. The fact that health system and the overriding opinion they children and young people do not receive treat- express regarding MRSA is that many hospitals ment in time is a major contributory factor in dis- do not even bother screening staff because they ruptive behaviour resulting from ADHD. While know that the superbug is widespread and that it other issues have been raised by groups with close would be too costly for them to eradicate it. My involvement in the area, it is nonetheless vital own daughter who works in a hospital gave birth that those who are referred are seen within a to her baby in Holles Street prior to Christmas. reasonable timeframe. She was told, after being examined, that she was Unlike most of our EU counterparts, Ireland an MRSA carrier. She had to go through special does not have a nationwide cervical cancer scre- procedures to eradicate the bug before the baby ening programme whereby all women aged was delivered. She had been screened nine or ten between 25 and 60 years are invited by the State months before but was not told anything. The bug to attend their GP or family planning clinic for a is widespread and I can say without fear of con- free smear test every three to five years. In 2006, tradiction that it is the result of understaffing and the Government promised such a programme the lack of attention paid to it. would be rolled out by 2008 under the auspices We buried a great woman in Tralee this week of the new national cancer screening service who had met the Minister for Health and Chil- which was to come into being this year. Will the dren a few short months ago. Ellen Rowan led a Government confirm that screening services will campaign for almost 12 years for a community be available nationwide by 2008? Will women in hospital for County Kerry. I am thankful she has every part of the State be able to avail of the gone to the next world knowing it will happen. service? Must women in counties such as Cork She campaigned with other senior citizens for and Kerry wait several years like they had to wait many years in order to bring this about and it is for the roll out of BreastCheck? a tribute to her and the people around her, many A related issue is the length of time it takes for of whom have passed away, that this will be a women to be seen and to receive the results of reality. A community hospital should be provided their smear tests. At present, the average waiting as a right and people should not have had to cam- time for women to receive the results of cervical paign endlessly to secure a service they should smear tests is between four and nine months have been entitled to. whereas in countries which have national screen- The rushing through of emergency legislation, ing test programmes the average waiting time is while necessary to retain risk equalisation, has 371 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 372

[Mr. Ferris.] the HIQA will be to advise the Minister and the exposed the inequitable and inefficient way in executive on this issue. which health services are funded. The Govern- The HIQA’s evaluation role in regard to health ment has downgraded the public health system. information will lead to better information for As a result, people are being forced to take out supporting evidence-based approaches to health private health insurance. This means they are care which, in turn, will achieve improved health paying on the double through the PAYE and outcomes. The need for information that facili- PRSI system, as well as through insurance pay- tates prioritisation, planning, evidence-based ments. There is a fear that they will not get the decision-making, efficient service delivery and care they need in time within the public system. monitoring and evaluation at all levels was The Government’s privatisation of health acknowledged in the health strategy. The national services, including the scandalous private hospital health information strategy, launched in 2004, co-location plan, is undermining the public lays the foundation for the provision of enhanced system. health information across the health service. It This debacle exposes the need for radical recommends the necessary actions to address cur- reform of health funding. Sinn Fe´in proposes the rent deficiencies in health information systems immediate establishment of a health funding and put in place the frameworks needed to ensure commission to report within a reasonable time- the optimal development and utilisation of health frame on the projected cost of the transition to information. The HIQA will now have a central an all-Ireland system of universal public health role in health information development and the care provision. This would take into account all implementation of the recommendations set out spending on health services under the current in the national health information strategy. systems, including State funding and spending on I would like to briefly touch on some issues private insurance, and make recommendations on raised by Deputies. They were interested in clari- how the State could best harness these resources fying the status of the HIQA, accountability in the interests of more equitable and efficient issues, the extent of the body’s remit, the stan- delivery. dards referred to in the Bill, the role of the chief inspector of social services and inspections of Minister of State at the Department of Health residential centres. The HIQA will be an inde- and Children (Mr. T. O’Malley): I thank Deputies pendent agency, completely separate from the for their participation in the debate. I note and HSE, and have its own budget. The Bill provides welcome the support expressed by many for the for the CEO of the HIQA to appear before introduction of this legislation, but I am disap- Oireachtas committees. pointed that the spokesperson for the main In the context of the HIQA’s remit, some Opposition party is not supporting the Bill. Deputies commented on the exclusion of a refer- A fundamental principle of the health service ence to mental health services from the Bill. I reform programme is that the users of health and stress that this is because the legislative and regu- personal social services should be placed at the latory framework is already in place under the centre. It is important to stress that the Bill will Mental Health Acts, the Mental Health Com- bring about real and significant changes for mission and the inspector of mental hospitals. service users. It establishes the Health Infor- Concerns were expressed that acute hospitals mation and Quality Authority, incorporating the might also fall outside the HIQA’s remit but that office of the chief inspector of social services. will not be the case. The HIQA has the power This independent organisation will reinforce the to set and monitor standards in respect of acute safety and quality of health and personal social hospital services and can also operate services to ensure all service users can be assured accreditation programmes for hospitals. I should that the services they receive are of a uniformly mention also in respect of hospitals that, as indi- high standard. These statutory functions give the cated by the Minister, the commission on patient HIQA a significant role in shaping the health safety and quality assurance has been established service and the standards set by it will provide a to look at the issue of the licensing of hospitals, clear blueprint for a quality driven service. with an associated enforcement regime. A The HIQA also has a health technology assess- requirement for all health-care providers, public ment role. Health technology assessment is and private, to be licensed for service delivery by widely regarded as able to deliver succinct, high the State would ensure minimum standards of quality and trusted evidence to decision makers professional qualifications and premises quality at all levels of the health care system. It is envis- would need to be complied with. aged that the HIQA’s health technology assess- ment function will support evidence-based Mr. Allen: I attended this debate to listen to decisions and that the availability of impartial the Minister of State’s speech, but I am amazed evaluations of the clinical value and cost effec- no one is here. May I call for a quorum? tiveness of complex health technologies, includ- ing drugs, will be an invaluable tool for service Acting Chairman (Mr. McCormack): Will the providers and health care practitioners and Minister of State give way to Deputy Allen to policymakers. I should emphasise that the role of raise a point? 373 Health Bill 2006: 22 February 2007. Second Stage (Resumed) 374

Mr.T.O’Malley:Yes. not registered and people can be assured that it is operating within the terms of its registration. Mr. Allen: No. I want to call for a quorum The chief inspector must be satisfied as to the because no one is in the House. This is an suitability of those participating in the manage- important issue. ment of a centre, an issue raised by Deputies. Regarding standards in residential centres for Dr. Twomey: And the Minister of State is get- older people, I take this opportunity to refer to a ting it wrong. working group, chaired by the Department and set up with representatives from the Health Notice taken that 20 Members were not present; Service Executive, the social services inspectorate House counted and 20 Members being present, and the Irish Accreditation Board, to develop national standards for long-term residential care Mr.T.O’Malley:I take issue with the state- settings. The draft standards produced by the ment made during the debate that the Health Bill working group were formally published by the does not deal with patient safety because patient Minister last month and handed over to the safety is at the heart of the Bill. The Bill interim HIQA which will oversee a public consul- empowers the HIQA to set nationally applicable tation process. The draft standards provide the standards in services and gives it extensive HIQA with a useful and comprehensive template powers, set out in Part 9, to monitor compliance for circulation with relevant parties as part of a with standards and undertake investigations. As comprehensive consultation process. The draft well as patient safety, the Bill will ensure current envisages core standards that will apply to all resi- good practices are embedded and developed. The dential settings where older people are cared for setting of standards for health care is, therefore, and for which registration is required. Under the a key function of the HIQA. Regulations may be provisions of the Bill, no residential setting for made by the Minister in respect of procedures to older people will be allowed to operate without be followed by the HIQA in setting standards, being registered. including procedures on consultation and pub- The draft is set out in two parts, the of which lication. first focuses on the standards concerning the resi- The chief inspector of social services will be an dent as an individual and includes personal ident- employee of the HIQA and have statutory inde- ity, social connectedness, rights and health care. pendence in decisions on registration and inspec- The second focuses on the organisational aspects tion of residential centres for older people, of the residential care setting and includes man- people with disabilities and children in need of agement, staffing, care environment and health care and protection. The centres will be known and safety. The publication of the standards by as designated centres under the Bill. The chief the Minister was the first step in the process. The inspector may also appear before an Oireachtas interim HIQA has established a working group committee to give a general account of the activi- to develop the draft standards further and ties of his or her office. oversee the public consultation process. The regulatory arrangements for inspections In debating the Bill Deputies spoke of an advo- will provide an objective, robust and transparent cacy role and the need for a framework for com- inspection and registration system for designated plaints. By virtue of its functions, the HIQA is a centres. Registration of centres is for a three-year patient advocate. There are other patient advo- period. It is deliberate that the Bill does not spec- cacy agencies. In addition, the Health Act 2004 ify how often a designated centre must be (Complaints) Regulations 2006 were made in inspected within a given timeframe. It is better December that year and make provision for com- not to be overly prescriptive in this matter, as it plaints by persons to the HSE and service pro- should be for the judgment of the chief inspector viders and require the establishment and oper- to make decisions appropriate to each centre. ation of procedures and arrangements intended Deputies expressed the opinion that the inspec- to achieve a fair and reasonable resolution. tion of designated centres should include unan- I note the importance placed by Deputies on nounced visits. The Bill is not prescriptive in this the inclusion in the Bill of provisions regarding matter, but the interim HIQA has indicated that the protected disclosure of information or there will be unannounced visits. “whistleblowing”. This issue will be dealt with on I should make it clear that the chief inspector Committee Stage. I thank the House for facilitat- inspects against standards set by the HIQA and ing the Second Reading of the Bill. We are on an regulations made by the Minister. These stan- important journey with the health service reform dards will be published. Registration information programme and, with this Bill, have taken a big will be available to the public on the Internet. No step along the way. residential centre will be able to operate if it is Question put. 375 Message from 22 February 2007. Select Committee 376

The Da´il divided: Ta´, 58; Nı´l, 40.

Ta´

Ahern, Noel. Kirk, Seamus. Andrews, Barry. Kitt, Tom. Blaney, Niall. Lenihan, Brian. Brady, Johnny. Lenihan, Conor. Brady, Martin. McDowell, Michael. Brennan, Seamus. Moloney, John. Browne, John. Moynihan, Michael. Callanan, Joe. Mulcahy, Michael. Carty, John. Nolan, M. J. Collins, Michael. O´ Cuı´v, E´ amon. Cooper-Flynn, Beverley. O´ Fearghaı´l, Sea´n. Cowen, Brian. O’Connor, Charlie. Cregan, John. O’Dea, Willie. Curran, John. O’Donnell, Liz. Dempsey, Noel. O’Flynn, Noel. Dempsey, Tony. O’Keeffe, Ned. Dennehy, John. O’Malley, Fiona. Devins, Jimmy. O’Malley, Tim. Fitzpatrick, Dermot. Power, Sea´n. Fleming, Sea´n. Roche, Dick. Glennon, Jim. Sexton, Mae. Hanafin, Mary. Smith, Brendan. Harney, Mary. Smith, Michael. Haughey, Sea´n. Treacy, Noel. Hoctor, Ma´ire. Wallace, Mary. Jacob, Joe. Walsh, Joe. Keaveney, Cecilia. Wilkinson, Ollie. Kelleher, Billy. Woods, Michael. Kelly, Peter. Wright, G. V.

Nı´l

Allen, Bernard. McEntee, Shane. Boyle, Dan. McGrath, Finian. Breen, James. McGrath, Paul. Broughan, Thomas P. McHugh, Paddy. Bruton, Richard. McManus, Liz. Connaughton, Paul. Mitchell, Gay. Connolly, Paudge. Murphy, Catherine. Costello, Joe. Murphy, Gerard. Coveney, Simon. Neville, Dan. Cuffe, Ciara´n. O’Keeffe, Jim. Deasy, John. O’Shea, Brian. Durkan, Bernard J. O’Sullivan, Jan. English, Damien. Perry, John. Gilmore, Eamon. Quinn, Ruairı´. Gormley, John. Ring, Michael. Harkin, Marian. Ryan, Sea´n. Healy, Seamus. Sherlock, Joe. Higgins, Joe. Stagg, Emmet. Kehoe, Paul. Twomey, Liam. McCormack, Pa´draic. Upton, Mary.

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

Question declared carried. Message from Seanad. An Leas-Cheann Comhairle: Seanad E´ ireann Health Bill 2006: Referral to Select Committee. has passed the Health Insurance (Amendment) Minister of State at the Department of Health Bill 2007, without amendment. and Children (Mr. T. O’Malley): I move: That the Bill be referred to the Select Com- mittee on Health and Children, in accordance Message from Select Committee. with Standing Order 120(1) and paragraph An Leas-Cheann Comhairle: The Select Com- 1(a)(i) of the Orders of Reference of that mittee on Finance and the Public Service has con- committee. cluded its consideration of the Finance Bill 2007 and has made amendments thereto. Question put and agreed to. 377 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 378

European Communities Bill 2006 [Seanad]: Oireachtas in cases where it is proposed to Second Stage (Resumed). create indictable offences; The following motion was moved by the Mini- (h) The Bill is therefore a significant ster of State at the Department of the Taoiseach, dilution of democracy at a time when con- Deputy Treacy, on Thursday, 8 February 2007: cerns as to lack of democracy have shaken That the Bill be now read a Second Time. citizens’ confidence in the EU; (i) The Bill is primarily motivated by a Debate resumed on amendment No. 1: short-term view of administrative con- venience; the State is not obliged to intro- To delete all words after “Da´il E´ ireann” and duce the Bill by EU law and is free to substitute the following: withdraw the Bill without infringing EU “Da´il E´ ireann declines to give the Bill a law.’’. second reading on the following grounds: —(Deputy Costello). (a) 50 years after foundation of Euro- Mr. Cuffe: I wish to share time with Deputy pean Economic Community, the process Harkin. of closer European co-operation is becalmed by reason of citizens’ perception An Leas-Cheann Comhairle: Is that agreed? across Europe of a lack of democracy in Agreed. the operation of the EU; Mr. Cuffe: This Bill represents an affront to (b) Such concerns as to the lack of democracy. It allows Ministers to enact European democratic scrutiny were critical in the legislation without coming to the floor of this defeat of the first Nice Treaty referendum House. That is bad for Europe, Ireland and and in the response to that result, includ- democracy. All these statutory instruments and ing in the establishment of the National ministerial regulations should be brought before Forum on Europe; this House for debate before becoming law. It is (c) The present law, under the Euro- not right that regulations, which often pean Communities Act 1972, requires dramatically change the way in which this State approval by the Oireachtas in the form of interacts with the public, are brought in through primary legislation of all proposals to the back door. These regulations should come create indictable offences to implement under the scrutiny of the House. European legis- European law; lation should not be brought in by the back door. It is an affront to democracy that the Minister (d) The Bill would bring about a major would try to rush through legislation to effect transfer of power from the Oireachtas to this change. Ministers by allowing Ministers to create We should enact European Union legislation indictable offences by regulations, rather but we should do it right. I cite the example of than through the introduction of the Aarhus agreement, which is based on ensur- legislation; ing that the public’s voice is heard. We are still (e) As directives are binding only as to waiting for the Minister for the Environment, the result to be achieved, and leave to the Heritage and Local Government to properly national authorities the choice of form and enshrine the provisions of that agreement in Irish methods (under Article 249 of the EC legislation. Surely the public has a right to know Treaty), the implementation of a directive about it. Surely the Legislature has a right to give is not an automatic or rubber-stamp exer- its views on proposed regulations and the incor- cise and involves important policy choices poration of European statute into Irish law. I ask as to form and methods, and it is in the that the Minister of State ensures that this House interests of democracy that such important and the people are part of that process and that choices should, in serious matters, be we do not simply rubber stamp European laws made directly by the Oireachtas and not and bring them in through the back door. by Ministers through the medium of regulations; Ms Harkin: I stand here with a heavy heart because we should not be having this debate. (f) The Bill would, if implemented, There are a number of reasons that I make this allow such policy choices as to form and point. What we are trying to do today is to solve methods to be exercised by Ministers, a legislative problem using administrative instead of by the Oireachtas as at present, measures. Bluntly speaking, the Government has in cases where it is proposed to create found itself in a hole but instead of trying to fill indictable offences; it in, it is continuing to dig. (g) Oireachtas scrutiny after the event is We should not be having this debate because not an adequate substitute for the power what we are attempting to do is to override the to make the decision in the first instance, crucial role the Oireachtas has in overseeing the which is the power currently held by the transposition of EU legislation. We will create a 379 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 380

[Ms Harkin.] it has already been mentioned in this and in other minefield of uncertainty by introducing retrospec- debates, but we often have to look at how we did tive legislation. That is always a risk, but taking not act. It is the main reason we find ourselves in account of the timespan that is involved, some 34 this position. Sometimes it is our interpretation years, and the sweeping measures we are giving of EU legislation that causes problems for many, to Ministers, it is a huge risk which is too big to especially in the agriculture sector. take. I wanted to make these positive comments We should not be having this debate because it about the European Union to underline the posi- will further alienate people from the EU, on tive aspects of EU membership but also to which I will elaborate later. It will give ammu- acknowledge some of the difficulties that can nition to those who oppose the EU for any arise. There are very few in this country who number of reasons, good and bad. As the Mini- would stand up and say we should not have ster of State is aware, I am very supportive of the joined the European Union, or that we should EU project and am proud to be part of it. leave if we have the opportunity to do so. If the However, it does not mean that we get every- proposed constitution was in place, that latter thing right. option would be open to member states. Many There are positives and negatives to being part have serious issues with the European Union but of the EU. Many of the benefits have already most would recognise that, on balance, we are been outlined in this debate. While I do not want part of a project that has ensured peace and stab- to repeat them, I will mention one or two to ility in Europe and that has enabled old enemies balance what I have to say. Ireland has benefited to work together for the common good. This has greatly from joining the EU. When I went to brought considerable benefits to Ireland. Europe, I was surprised at how colleagues, partic- Many use word such as “eurocrats”, “plutoc- ularly those from some of the new member states, rats” and “technocrats”. They talk about late look to Ireland. They see Ireland as the model of night discussions and decisions in smoke-filled good practice. rooms as if this was how we go about our busi- We received in excess of \50 billion from the ness. It is not. Proposed legislation comes from EU and used it well. We invested in our edu- the Commission. Many will say its members are cation system. The regional colleges were built in unelected but each country has a Commissioner the 1970s and they subsequently became at the table. Even before draft legislation is institutes of technology. That was the start of the brought forward, there is a consultation process. expansion of third level education here, which Since I was elected to the European Parliament, enabled us to have an educated workforce who I have been involved in alerting stakeholders and helped to create the Celtic tiger. those interested in legislation coming from the I am old enough to remember back to the mid- Commission to the fact that there is a consul- 1970s when what the rent landladies charged tation process, of which they can be part, even students was dependent on the grant aid from before legislation comes from the Commission. It Europe. The impact of that money not only then goes to the European Parliament which allowed us to have third level graduates who amends it, often substantially. The Bolkestein, or fuelled the Celtic tiger, but it also had a huge services, directive was substantially altered by the impact on the local economy. We used EU funds European Parliament, especially the country of to build up our economic infrastructure and to origin principle. What left the Parliament was support our farmers and community groups, very different. That is an example of where we which was a useful way of using them. We are had real democratic accountability. Legislation still using that money to fund child care provision must then go the Council of Ministers and back — the list goes on. to the Parliament until we reach what is known While EU funds were important, the most as a common position. The Minister knows all of important element was access to the Single this, but I wanted to outline the position, as many Market. That was one of the factors that helped statements have been made about how we draft to fuel our inward investment. Companies that European legislation. The Parliament must reach located in Ireland had access to the European a common position on about 70% of legislative market. Ireland has an export figure of 2.5% for measures. To say eurocrats and technocrats are such worldwide services. That gives us an idea of responsible for all legislation coming from the how important it is to have access to the market. European Union is not correct. When we reach The benefits derived from the European Union the point where legislation is enacted, it is up to have not just been economic. Most of our each member state to decide how it will equality legislation has been driven by the Union. implement it. The European Union requires an When the concept of equal pay was brought for- outcome, but the mechanism used is at the discre- ward, we tried to obtain a derogation but failed. tion of each member state. Most of our good environmental legislation has That brings us to the issue we are discussing. emanated from the European Union. We cannot What happens at member state level? How will claim that all EU legislation has had a positive we use our structures to implement EU legis- impact, but sometimes that is our own fault. I will lation? What safeguards will we put in place and not go into the details of the nitrates directive as what checks and balances will we include? I do 381 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 382 not come from a legal background. I was a hum- Attorney General has advised the Minister of ble maths teacher before I was elected to the State to take this route. As an aside, Attorneys Da´il. However, I have read the Bill and the General do not always follow their own advice, explanatory memorandum, listened to some of as is the case with the Minister for Justice, the debates in the House and read the Seanad Equality and Law Reform. The Attorney debates. I have spoken to some people whom I General’s advice may solve the immediate prob- consider to be experts in European affairs. My lem caused by the Supreme Court decision, but personal conclusion is that there are serious prob- what are the implications in the long term? Has lems with the Bill. If we were to have a refer- the Minister of State considered the sidelining of endum on this matter, would the people vote in the Oireachtas and all that will entail? Has he favour of the Bill? My instinct is that 90% would considered all the possibilities that may be vote against it. Perhaps the people and I are covered by introducing retrospective legislation wrong, but I do not think so. This is the yardstick going back 34 years? Has he considered the possi- at which the Minister of State should look. How bility of abuse or misuse of this power by a sub- would the people of Sligo, Leitrim, Mayo, Galway sequent Minister? Has he given his opinion that or Donegal vote if this issue was put to them? this is fully constitutional? Even if he is sure that Would they trust any Minister to do what is out- it is, has the Minister of State forgotten the pre- lined in section 2 of the Bill? It states: cautionary principle? Will he accept some of the (a) make provision for offences under the amendments and put in place some safeguards to regulations to be prosecuted on indictment ensure the checks and balances work? That is where the Minister of the Government making necessary if the Minister of State is to be sure any the regulations considers it necessary for the legislation enacted on his watch will stand the test purpose of giving full effect to a provision of of time. I understand the need to deal with this the treaties governing the European Communi- situation — we must deal with it — but I think the ties or an act adopted by an institution of those Minister of State is compounding mistakes which Communities, and have already been made. He is trying to push a huge mess under the carpet by giving sweeping (b) make such provision as that Minister of the Government considers necessary for the retrospective powers to Ministers to deal with purpose of ensuring that penalties in respect of problems by getting them out of the way and an offence prosecuted in that manner are effec- moving on. Somebody will trip over the pile of tive and proportionate, and have a deterrent rubbish that will remain under the carpet. effect, having regard to the acts or omissions of The Minister of State spoke about putting which the offence consists, provided that the transparent and effective procedures in place. maximum fine (if any) shall not be greater than These procedures may initially seem effective \500,000 and the maximum term of imprison- because they will get rid of the prob- ment (if any) shall not be greater than 3 years. 2 o’clock lem, but they will not be transparent by any stretch of the imagination. In other words, if I were to ask the people of They will not even be visible — we will not be Sligo or Leitrim if they would allow a Minister to able to tell that the new powers are being used. create indictable and summary offences in order The Minister of State said the European Union to comply with European law, would they say will not work unless member states implement yes? community law and decisions in a reliable and consistent manner. He gave the impression we Mr. Ring: No. are trying to ensure in this Bill that the rules are the same for everyone, as they must be. However, Ms Harkin: Looking at the line “having regard to the acts or omissions of which the offence con- I can give the House a list of penalties which are sists”, would they trust any Minister or Minister different in various EU member states. I do not of State with such a power? I think they would have time to mention them all, but I will highlight reject it overwhelmingly. It is simply too much one of the inconsistencies on which this legis- power to vest in one Minister. They would reject lation will have no impact. If one is found guilty the provision to make this power retrospective of falsifying fisheries control documents in the \ without oversight from the Oireachtas. Many do UK, one will be fined 132,000. The equivalent \ \ not know we are having this debate and do not penalty is 4,500 in Spain, 400 in Portugal and know its outcome or impact. The people elect us \270 in France. I do not know what it is in as Teachtaı´ Da´la, messengers to the Da´il, to look Ireland, but perhaps the Minister of State can tell after their best interests. They do not elect us to us. I have a list of penalties, for breaching various rubber-stamp a decision made by a Minister, but rules and regulations, which differ substantially in to have an involvement in the process. The Mini- various EU countries. I am aware of an offence ster of State is denying us that right, but he is for which one can receive five years’ imprison- also denying the people their right, which is the ment in one country, but no penalty in another critical issue. country. It is not true to suggest this legislation Do the people really know what is going on? If will make all EU countries implement penalties they did, would they support the Bill? I know the in the same way. 383 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 384

[Ms Harkin.] Mr. Allen: The House should have ample time The Minister of State said this Bill represents to consider this serious Bill, which proposes to a response to the serious implications of the give Ministers the right to transpose EU regu- Supreme Court judgment, which requires this lations and directives, including laws that carry country to update the way it uses secondary legis- penalties of heavy fines and imprisonment, into lation to give effect to EU obligations under Irish Irish law. This legislation, which is extremely sig- law. He told us it is that straightforward. If the nificant and extremely flawed, is even more Bill is a response, it is an ill-judged response. This exceptional because it will allow Ministers to measure is not that straightforward. It is not just enact laws retrospectively. Given that the a question of updating the way we use secondary Government has shown no willingness to con- legislation. This Bill makes some fundamental sider amendments to the Bill, and considering changes in that area. It will allow sweeping retro- how unacceptable the legislation is in its current spective legislation to be introduced. form, Fine Gael has no option but to reject it as When I discussed this issue with Mr. Pat Cox, seriously defective and, therefore, to vote against a former President of the European Parliament, it. Fine Gael will seek to amend the Bill substan- he mentioned that he was able to introduce an tially on Committee Stage, although I wonder inter-institutional agreement, running parallel how useful my amendments will be given that with a process called comitology, to allow for they are sure not to be accepted. review, stand-still and call-back. In other words, The Bill highlights a number of significant he negotiated the right of the European Parlia- problems with the Government’s lackadaisical ment to call a particular issue back if it feels there approach to the adoption of EU directives, not is a problem with it. I am asking the Minister of least of which is the subversion of our democratic State to do the same thing. He should give this process. Section 3 of the Bill proposes to give House the right to engage in a process of review, Ministers the right to implement EU law by stand-still and call-back. If he does that, he will means of statutory instrument, thereby amending be taking a reasonable and balanced approach to domestic legislation without the consent of any Member of the House. Such action would com- this legislation. pletely remove the Members of the Oireachtas, who are representatives of the Irish nation, from Mr. Allen: I would like to share time with the democratic process. If this legislation by Deputy Ring. stealth is accepted, the Government will be able to subjugate the power of the Oireachtas to the An Leas-Cheann Comhairle: Is that agreed? whim of an individual Minister. As the scrutiny Agreed. of ministerial statutory instruments is not as rig- orous as the scrutiny of proposed legislation, it Mr. Allen: The European Communities Bill would be irresponsible to give Ministers the auth- 2006 is very bad because it is subversive and it ority to validate retrospective criminal legislation undermines the primacy of the Oireachtas. without an adequate amount of inspection. People have given their lives to protect the pri- This Bill needs to be re-examined and macy of this Parliament, which is being under- amended. It is the responsibility of my party to mined by a Bill that the Government suggests is demand that the Bill ensures that all statutory simply a technical measure. This legislation is instruments — those deriving from EU legislation being used as a Trojan horse to undermine every- and others — are laid before the Oireachtas for thing the Members of this Parliament stand for. 21 sitting days to allow any Member to review, The Government tried to sneak in what it claimed and if necessary, challenge their provisions. We was a small technical Bill, but is actually of propose that statutory instruments will become utmost importance to this House and the citizens law only if no such challenges are issued. This whom we, as elected officials, represent. The pur- proposed amendment, which is necessary, also pose of the Bill is to amend the European Com- seeks to remove the retrospective effect of the munities Act 1972, which allowed for the trans- legislation. position of specific EU law into Irish law by The Fine Gael Party, which has always sup- means of statutory instruments. ported Ireland’s role in the European Union, will continue to support that role in the years to come. An Leas-Cheann Comhairle: I remind the Significant benefits have accrued to Irish people Deputy that I will call the Minister of State to from this country’s membership of the EU. Cer- reply at 2.15 p.m. tain improvements which have been driven by the EU have been extremely beneficial to the nation Mr. Allen: I am not too happy with the as a whole. Although the implementation of EU Government’s decision to guillotine this Bill. directives has made Ireland safer and more pros- perous, this country continues to lag behind other An Leas-Cheann Comhairle: The House has member states in the timely adoption of such decided to bring the debate to an end at that time. directives. The method by which directives are 385 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 386 adopted has been consistently defective under the ate our nation further from the European Union stewardship of this Government. and will give hostages to fortune to the enemies I am currently the Chairman of the Oireachtas of the Union. Sub-Committee on EU Scrutiny, which is sever- Fine Gael has always promoted Ireland’s mem- ely understaffed and continuously overworked. It bership in the European Union and will continue fulfils an extremely important role on a shoe- to do so. We actively recognise the good things string budget. It is time to recognise the sub-com- that have been brought about in Irish society mittee’s importance, and the magnitude of its from EU directives and our membership in the work in terms of Ireland’s membership of the Union, namely, the important human rights and EU, by putting in place new arrangements to anti-discrimination legislation, the ability to work increase its staffing and funding. Given that the and travel in any EU country, strong industrial sub-committee met 16 times and examined 552 guidelines that protect our environment and documents in 2006, it should be obvious, even to codes for workers’ safety that protect our the Minister, that better arrangements are needed national health. for the examination of so many important docu- However these benefits do not simply fall out ments in such a short period of time. I do not of the sky. It is important to recognise that these know how the officials who work behind the benefits flow from our transposition of EU scenes to scrutinise and examine every document directives into domestic law. This is a matter of that is referred to the sub-committee are able to such great importance that it deserves more than bear their workload. The majority of the sub- the cursory lip service Ministers seem content to committee’s work — 69% of it in 2006 — involves give it. examining documents relating to regulations, It is not our intent to discourage the adoption decisions and directives. Some 56 Common of EU directives. They have proven to be signifi- Foreign and Security Policy measures were con- cantly beneficial to our nation and to our way of sidered that year, including the application of life. I regret that in discussing such important and restrictive measures against Burma, Zimbabwe, dangerous legislation the Government is effec- Sudan, Liberia and Coˆ te d’Ivoire and against sus- tively gagging the Opposition. This legislation will pected terrorists for their involvement in the undermine the supremacy of this Parliament. assassination attempts on Belorussian officials and the former Lebanese Prime Minister, Mr. Mr. Ring: I am disappointed Members have not Rafik Hariri. Other documents which were con- more time to speak on this very important Bill. I sidered dealt with steps to combat the prolifer- listened to the contributions from Deputies Allen ation of nuclear and chemical weapons. On issues and Harkin. The Government should consider of such importance we must not simply hand over withdrawing this legislation as it is dangerous, absolute authority, retrospective or otherwise, to devious and bad. It is bad for Irish citizens and one Minister. bad for Europe. If this was put before the Irish Of the 552 documents considered in 2006, a people, they would reject it. This is the reason total of 98 or 18% were singled out as having sig- Irish people are becoming cynical about Europe. nificant implications for our country and as war- ranting further scrutiny. These were subsequently Ministers could be making decisions about referred to the appropriate sectoral committees. people’s lives and on whether people should be Documents of such impact cannot be allowed to prosecuted. This is the worst legislation I have slip through the fingers of the understaffed sub- ever seen coming through this House. As some- committee if further scrutiny is a necessity. We body who has never been pro-European, this will simply must improve the method by which these not do anything for the European Union because directives are reviewed; it would be nothing less the people of this country will see this as Euro- than complete negligence to do otherwise. pean legislation dictating to this Parliament. It is our responsibility, on behalf of our coun- We are a few weeks away from a general elec- try, to scrutinise European Union proposals to tion. I question whether we need a general elec- ensure we achieve the maximum benefit from tion, a Da´il or an Assembly, because we have no them and are not hampered by laws contrary to power in this Assembly any longer; we are being our national interests. To simply allow Ministers dictated to. to ratify them with a wave of a hand is not in Deputy Harkin referred to the European com- anyone’s best interest. A dangerous gap exists missioners. They are selected for office but in a between the administration of the EU and the true democracy they would be elected. We have common European citizen. Rather than taking too many people who are selected such as steps to bridge this gap, and make the law of the Government officials and county managers. At EU more accessible and pertinent to the Irish citi- least Members in this House are elected by the zens and the democratic institutions that they people. Deputy Harkin has been elected by the have founded and protected, this Bill and the people to serve in Europe and for this I respect method by which European directives will be her. I do not respect commissioners because they transposed if it is enacted, will only serve to alien- are selected by governments. 387 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 388

[Mr. Ring.] Minister or his or her officials, nor the European This is serious business and the people of the Commission, nor anyone else for that matter, country do not know what is happening. I can tell whether they be in Opposition or Government. the Minister of State there will be future refer- Our EU membership means that we are bound endums on Europe and we will spell out what is by our treaty obligations. These require us to going on in Europe. We will spell out to the have effective, proportionate and dissuasive pen- people what is happening at European level and alties, for serious breaches of European Com- what is happening here in this House. munity law. This is what this legislation seeks to I will finish as I started by questioning the need achieve. The Government is not seeking to per- for this Da´il. The people who died in this country secute farmers, fishermen, pharmacists or anyone in 1916 and in 1921 would turn in their graves if else, as Deputy Denis Naughten implied in his they knew that the great Fianna Fa´il Party was speech and later in his outrageous and false press selling this country out to Europe and that we no releases. Law-abiding people have nothing to fear longer have any power in our own Parliament. from any law, whether that it be domestic or Fianna Fa´il will be out at Easter marching up and EU law. down. The Taoiseach will be marching up and down with the green flag behind him but the Mr. Allen: On a point of order, the Minister of Government has sold us out to Europe. State should withdraw the word, “false”. He may not agree with the contents of the press releases Minister of State at the Department of Foreign but to call a Member who is not here today a liar Affairs (Mr. Treacy): Is cu´ is a´thais dom bheith ar is unwarranted. ais arı´s le freagra forleathan a thabhairt do na h- ora´idı´ uilig a chualamar inniu, an tseachtain seo Mr. Treacy: I have not objected, criticised or caite agus ar feadh coicı´se. I thank all Deputies interrupted anybody. who contributed to the debate. Given the national importance of our member- Mr. Allen: I ask the Minister of State to with- ship of the European Union it is entirely appro- draw that statement. priate that both Houses have had a full oppor- tunity to consider in detail the different issues An Leas-Cheann Comhairle: It is not a point raised by this Bill. I look forward to further of order. debate on Committee Stage at the Joint Commit- tee on European Affairs. However, many of the Mr. Treacy: On the other hand, Irish con- criticisms levelled at this Bill during this debate sumers and businesses have everything to gain have been quite unwarranted. The picture from a properly regulated Single Market within painted by Opposition Deputies last week and the growing European Union. today of individuals being imprisoned at the I was surprised and disappointed at the levels whim of Ministers for trivial breaches of EU law, of negativity displayed towards the EU during the was completely over the top. Ministers are not in debate in this House last week and today by the business of fining and imprisoning people—— Members belonging to parties that regard them- selves as pro-European. It ill behoves Irish public Mr. Allen: They did so yesterday. representatives to make cheap jibes about the alleged machinations of unelected Brussels Mr. Treacy: ——nor have they any role in these bureaucrats. Some of the most outstanding Irish matters, which are clearly reserved for the courts people have served our country in Europe at the under the Constitution. highest level. Just because they were not elected This Bill provides that a Minister will only have to office does not mean they did not do a good a limited legislative power to make provision for job or were lacking the necessary intellectual indictable offences in regulations made under the capacity and skills to do so. This type of misinfor- 1972 Act. This will only be done when a Minister mation gives succour to the small minority in this fully considers that it is necessary to do so in State which would prefer us to sit in splendid iso- order to live up to our EU treaty obligations. This lation without any of the benefits that 34 years of Bill makes it plain that the penalties must be pro- EU membership have brought, and continue to portionate. In other words, serious penalties will bring, to all our people both North and South. only be provided for in cases of serious breaches There was an implication running through of EU law. some of the contributions to the debate that EU Where it is necessary to provide for pros- law is something foreign to Ireland and is ecution on indictment, the Minister must operate imposed on us from the outside. As Deputy within the parameters set down in section 2 of Harkin said, nothing could be further from the this Bill. This provides for a maximum fine of truth. We are fully involved in the elaboration of \500,000 and a maximum term of imprisonment EU decisions. of three years on conviction in the Circuit Court, These are taken in accordance with clear rules a higher court. Such penalties would only be laid down in the European Union treaties, the imposed by a court after a fair trial and not by the provisions of which the Irish people have repeat- 389 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 390 edly endorsed by referendum. EU law belongs to EU membership has underpinned our econ- us, just as it belongs to each and every member omic success and ended the scourge of mass emi- state of the EU. It is true that EU law is adopted gration. Our national language got official recog- in a different way from national laws and that nition within the EU last month, after 34 years of Ireland only has a certain number of votes at the EU membership. This shows both the diversity Council of Ministers and in the European Parlia- and democracy of the European Union and, as a ment. This is the way the European Union must republican democrat, I fully subscribe to that operate with 27 member states. We cannot, ethos. however, demand the right to second-guess Deputy Boyle and others suggested the Bill in decisions taken in Brussels just because they do some way undermines our democracy. Such not ideally suit us all the time. We benefit hugely claims ignore the fact that EU law is adopted with from EU membership and must be willing to give the full involvement of elected politicians and the effect to EU decisions when they are adopted European Parliament who, between them, have with full Irish involvement. All European laws the final say in what is agreed in Brussels. Con- are beneficial to all of our citizens. In different trary to the impression given in some contri- ways and on different occasions, these EU laws butions, the European Commission merely makes are available to each individual Irish citizen to proposals. It is also responsible for overseeing the protect and sustain their individual rights where implementation of EU law. It does not take and when necessary. decisions, make laws or impose anything on the Let us debate the issues, by all means, but we member states. It is a vehicle of service to the ought to do so in a calm and rational manner, entire European Union, with full responsibility without the scare tactics we have heard from for the effective administration of the Union. some surprising quarters during this debate. I I want to correct Deputy Connaughton and put reject the suggestion by Deputy Costello that the on record the fact that no amendment was tabled Government is not acting in a transparent man- to this Bill by the Opposition in the Seanad to ner. We published this Bill three months ago and enhance the role of the Oireachtas. have allowed plenty of time for debate. Mr. Costello: We will change that. As regards the comments of Deputy O´ Snodaigh, I must correct him on a number of Mr. Treacy: I also assure Deputy Connaughton points. I never said this was an innocuous Bill but that the procedures set out in this Bill in no way that it was a short, technical Bill with an affect the requirement in our Constitution important national purpose. However, I would regarding future referendums in the State. have expected a better appreciation of the basic Contrary to what Deputy Durkan and others rules which we agreed, as a nation, in 1972, when in his party claimed during this debate, there is we took on the responsibilities of EU member- no intention to increase executive power at the ship. This Bill has nothing to do with creating an expense of either of these Houses. There is no EU super-state and most certainly does not sidelining of the Oireachtas. Once this Bill is amount to a coup d’etat. This kind of gross hyper- passed, all EU legislative proposals will continue bole does no service to the cause of rational to be seen by the Oireachtas at the scrutiny stage. debate on European issues to which I am person- Given the vital national importance of our EU ally committed, as is the Government in which I engagement, we value the broad consensus on have the honour to serve, and to which most prac- EU issues that has existed in this House over the tical and fair-minded public representatives are years. There is no interest to be served by turning committed also. EU affairs into a divisive political issue, yester- I appreciate Deputy Finian McGrath’s refer- day, today, tomorrow or at any time. ence to 1916, a reference also made by Deputy Deputy Coveney alleged a cloak and dagger Ring. I share Deputy McGrath’s respect for the approach by the Government. I reject that charge founding fathers of this State, as we both share a entirely and I am disappointed a Member with a common heritage. However, republicanism, dual mandate in Da´il Eireann and in the Euro- nationalism and support for the EU are not pean Parliament would make such an allegation. incompatible. This is the reason the Irish people I also reject his charge that the Bill affects the voted overwhelmingly for EU membership in credibility of the European Union in Ireland. The 1972 and agreed to the necessary constitutional Bill in no way cuts across the existing arrange- changes which this entailed. Since then, despite ments in the Oireachtas to scrutinise draft all the alarmism of certain politicians, Irish inde- directives and regulations. It is up to the pendence has not been compromised or eroded. Oireachtas itself to work the scrutiny system and EU membership has acted to enhance our inde- make its views known. pendence, enabling us to achieve and cherish Deputy Deasy claimed that, in his role as national ambitions. Indeed, we are stronger Chairman of the Joint Committee on European today, culturally, politically and economically, Affairs, he should have been consulted about the than at any time during the history of this State. Bill before it was brought into the House. I am 391 European Communities Bill 2006: 22 February 2007. Second Stage (Resumed) 392

[Mr. Treacy.] and law. As regards his idea of laying statutory not clear what he means. This Bill was published instruments before the House, I have stated we on 1 December 2006, before the Seanad debate. are open to considering it. However, the It was included in the Government’s legislative Oireachtas will have to find an effective solution programme for the last session and again this to the challenge of volume and speed which arises session. Deputy Deasy has had every opportunity in several cases with both European and other to raise the Bill with either myself or the Minister, laws. Deputy Dermot Ahern, in the meantime. He There were some criticisms of the proposal to states his committee is not divisive and has never retrospectively validate all of the statutory instru- had a vote. I sincerely hope we can avoid a vote ments whose validity has been called into ques- on this occasion also. I will be constructive in the tion by the Browne and Kennedy judgments in Joint Committee on European Affairs and I hope the Supreme Court. This is one of the key pur- all Members will join me in that approach. I poses of this Bill. It is essential that we avoid a would never be so presumptuous or disrespectful situation in which doubts exist regarding our as to discuss this or any other Bill with officials ability to give effect to EU law. As it stands, there or members of any committee until Da´il E´ ireann are hundreds of statutory instruments whose val- has made its decision in the first place, at the rel- idity is in doubt, although this is no fault of the evant stage of a Bill. House, the Parliament or the Government but I reject the idea put forward by Deputy Harkin relates to the trust of politicians in the past that that we should not be having this debate. All their laws were adequate for their day and the debates are good for democracy, information pur- future. These regulations were adopted by all poses and understanding. This is a debate on a Governments stretching back over the past 34 Bill which we must enact to take account of the years. They were passed in good faith, with the serious implications of two Supreme Court intention of implementing EU law in a manner judgments. As I have repeatedly stated, the that was considered to be perfectly appropriate Attorney General has since advised that we need before the Browne and Kennedy judgments. to change the way in which we have been trans- In providing for retrospective validation, we posing EU law using secondary legislation. The have included what is known as a constitutional retrospective provisions of the Bill are essential saver clause. This is designed to ensure the consti- because the Supreme Court judgments mean that tutional rights of individuals will not be affected some of the body of legislation in place since 1973 by the retrospective validation of regulations — is susceptible to legal challenge. With respect to in other words, the primacy of the right of the all Ministers, Governments and parliamentarians citizen remains paramount under the Consti- since 1972, they presumed the force of law was tution for decision by the courts. Second, the val- included in the 1972 EU accession Act. If the law idity of the approach that we have taken has and the Supreme Court’s interpretation of the already been confirmed by the Supreme Court in law states otherwise, we have a constitutional the Leontjava judgment. The passage of this responsibility as parliamentarians, both in section of the Bill is extremely important if we Government and Opposition, to collectively deal are to respond effectively to the consequences of with the decision of the court. the Browne and Kennedy judgments. As Deputy Harkin asked what safeguards are Members of Da´il E´ ireann, we all have a consti- being put in place in the Bill. First, the powers tutional and political responsibility to do so. referred to are vested solely in Cabinet-level In summary, this legislation is vitally necessary Ministers. Second, the Bill in no way cuts across and clearly arises from the implications of both the existing arrangements in the Oireachtas to of the Supreme Court judgments. These require scrutinise draft EC directives and regulations. us to update the way we use secondary legislation Third, all decisions of Ministers will be subject to to give effect to our European Community obli- review by the courts and will be publicly pub- gations in Irish law. It is entirely proper that the lished in full. Fourth, the Members of this House Government, with the Oireachtas, takes account will retain all rights to question and debate all of those judgments and responds positively to ministerial decisions. them. It is that simple and straightforward. As regards penalties, I have repeatedly recalled We will, as always, reflect carefully on the sub- that as a member state we are obliged to ensure stantive points made by Members during Second penalties are effective, dissuasive and proportion- Stage. We are ready to consider reasonable ate to ensure our laws are upheld. Our level of suggestions put forward by Deputies with a view penalties was set after careful consideration with to enhancing in an effective manner Da´il involve- all Departments. To my mind, those penalties are ment in EU related secondary legislation. I look in line with the best EU practice. forward to taking the legislation forward in the Deputy Allen made some valuable and con- Select Committee on European Affairs. I assure structive points. He has first-hand knowledge of the Chair and the House, in particular Deputy the challenges we face in ensuring that we keep Deasy, that I will approach the debate in a posi- track of and influence the direction of EU policy tive and co-operative fashion. I ask him and his 393 European Communities Bill 2006: 22 February 2007. Referral to Select Committee 394 colleagues to do the same in the interest of all over three decades. I commend the Bill to the citizens in the discharge of our collective House for validation. responsibilities as Members of the Da´il rep- resenting our republic, a highly respected, suc- Question put: “That the words proposed to be cessful member state of the European Union for deleted stand part of the main Question.”

The Da´il divided: Ta´, 56; Nı´l, 45.

Ta´

Ahern, Michael. Kelly, Peter. Andrews, Barry. Kirk, Seamus. Ardagh, Sea´n. Kitt, Tom. Blaney, Niall. Lenihan, Brian. Brady, Johnny. Lenihan, Conor. Brady, Martin. McDowell, Michael. Brennan, Seamus. Moynihan, Michael. Callanan, Joe. Mulcahy, Michael. Carty, John. Nolan, M.J. Collins, Michael. O´ Cuı´v, E´ amon. Cowen, Brian. O´ Fearghaı´l, Sea´n. Cregan, John. O’Connor, Charlie. Curran, John. O’Donnell, Liz. Dempsey, Noel. O’Flynn, Noel. Dempsey, Tony. O’Keeffe, Ned. Dennehy, John. O’Malley, Fiona. Devins, Jimmy. O’Malley, Tim. Fitzpatrick, Dermot. Power, Sea´n. Fleming, Sea´n. Roche, Dick. Fox, Mildred. Sexton, Mae. Glennon, Jim. Smith, Brendan. Hanafin, Mary. Smith, Michael. Harney, Mary. Treacy, Noel. Haughey, Sea´n. Wallace, Mary. Hoctor, Ma´ire. Walsh, Joe. Jacob, Joe. Wilkinson, Ollie. Keaveney, Cecilia. Woods, Michael. Kelleher, Billy. Wright, G.V.

Nı´l

Allen, Bernard. McEntee, Shane. Boyle, Dan. McGrath, Finian. Broughan, Thomas P. McGrath, Paul. Bruton, Richard. McHugh, Paddy. Burton, Joan. McManus, Liz. Connaughton, Paul. Mitchell, Gay. Connolly, Paudge. Morgan, Arthur. Costello, Joe. Murphy, Catherine. Coveney, Simon. Murphy, Gerard. Crowe, Sea´n. Neville, Dan. Cuffe, Ciara´n. O´ Snodaigh, Aengus. Deasy, John. O’Keeffe, Jim. Durkan, Bernard J. O’Shea, Brian. English, Damien. O’Sullivan, Jan. Gilmore, Eamon. Perry, John. Gormley, John. Quinn, Ruairı´. Gregory, Tony. Ring, Michael. Harkin, Marian. Ryan, Eamon. Healy, Seamus. Ryan, Sea´n. Higgins, Joe. Sherlock, Joe. Hogan, Phil. Stagg, Emmet. Kehoe, Paul. Upton, Mary. McCormack, Pa´draic.

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

Question declared carried. European Communities Bill 2006 [Seanad]: Referral to Select Committee. Amendment declared lost. Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): I move: An Leas-Cheann Comhairle: I declare the Bill read a Second Time in accordance with Standing That the Bill be referred to the Select Com- Order 119(2)(i). mittee on European Affairs, in accordance with 395 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 396

[Mr. N. Dempsey.] pose. Given the scale and scope of the draft Standing Order 120(1) and paragraph 1(a)(i) of general scheme of the Broadcasting Bill, and the Orders of Reference of that committee. ongoing work by the Oireachtas Joint Committee on Communications, Marine and Natural Question put and agreed to. Resources under the e-consultation initiative, the Government decided to extract and progress this small element by means of this Bill. Broadcasting (Amendment) Bill 2006 [Seanad]: Second Stage. Sections 3, 14 and 15 of the Bill outline the legislative amendments necessary to effect this Minister for Communications, Marine and change. Section 3 amends section 16 of the 1960 Natural Resources (Mr. N. Dempsey): I move: Act to require the RTE Authority to provide a “That the Bill be now read a Second Time.” television and radio service to Irish communities This Bill has two major goals. The first is to outside the island of Ireland. It also requires the allow RTE to provide a television and radio television service to be provided to be representa- service to Irish communities living outside the tive of the programme schedules of the existing island of Ireland. The second is to hasten the public service channels RTE One, RTE Two development of digital terrestrial broadcasting and TG4. services in Ireland. I propose to deal with each of The final form of programme schedules will these goals in turn. ultimately be a matter for RTE. However, given The issue of contact with Ireland and the desire the issue of broadcasting rights, it is likely that for information about contemporary Ireland is the programme service provided will consist pri- fundamental to Irish communities and individuals marily of contemporary domestic programming living abroad. That longing to connect to events commissioned or produced by RTE and TG4. at home affects even those of us who live on this RTE is acutely aware that Irish communities Island. Many of us on holiday abroad have found abroad will not be satisfied with a purely archive- ourselves, despite our best intentions and resol- based service and will strive to ensure that any utions, sitting in an Internet cafe logging on to service provided is reflective of the national the RTE website to catch-up with what is hap- domestic public services. pening at home. The longer one spends abroad, Section 3 also imposes a statutory duty on TG4 the more acute that need to connect becomes. to supply some of its programming to RTE for Up until 2001, Tara TV provided a means for the purposes of the new service at a level to be the Irish community in Britain to access some of agreed between the two public service broad- RTE’s programming. Unfortunately, this com- casters. The provision is intended to define such mercial venture did not manage to attract supply as being in the nature of a public service sufficient revenues and ceased to broadcast. duty rather than an arms-length commercial As has been pointed out by the task force on arrangement. policy regarding emigrants, the loss of Tara TV is Section 14 of the Bill amends section 28(8) of greatly regretted by many Irish people in Great the 2001 Act to allow RTE to use public funds Britain, particularly the elderly. As a con- drawn from television licence fee income for the sequence, the task force recommended that con- purposes of providing the new broadcasting sideration be given to developing the role of tele- service. The section also amends section 28(10) vision as a contact point for the Irish abroad and of the 2001 Act to require the RTE Authority to that funding be made available for the provision report to the Minister on its use of public funding of such a service. for such a purpose. At present, RTE’s public service remit, as set Section 15 of the Bill amends section 32 of the out in the Broadcasting Authority Act 1960 and 2001 Act to empower the Minister for Communi- the Broadcasting Act 2001, only extends to the cations, Marine and Natural Resources to direct provision of a television and radio service within the RTE Authority to maintain a special account the island of Ireland. Section 28(8) of the 2001 of its use of public funding in the provision of the Act limits the use by RTE of television licence new broadcasting service. It should be noted that fee income to its public service remit. As a con- this Bill is just the first step in getting a broadcast- sequence, RTE cannot use such income to ing service on air. It is nevertheless an important provide broadcasting services in Britain or first step, as I am sure the Deputies will agree. elsewhere. This is an issue dear to the hearts of many in the With a view to implementing the recommend- Irish community in Great Britain and I commend ation of the task force, the Government agreed the efforts of Irish community organisations in that the draft general scheme of the Broadcasting Britain and the Deputies and Senators who have Bill would include provision to amend the exist- worked on their behalf in driving this issue. It is ing public service remits of RTE and Teilifı´sna fair to say that Deputy Stagg has been partic- Gaeilge to allow them develop broadcasting ularly vigilant in this area. services for Irish communities abroad and that The Bill as originally published did not make public funds could be deployed for such a pur- specific provision for the broadcasting of RTE’s 397 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 398 radio services to Irish communities abroad as One of the advantages of digital transmission such services are already available in Britain and over analogue transmission is an increase in further afield by means of RTE’s long-wave efficiency, which can benefit the spectrum-plan- service and by satellite. The Bill, as published, ning process. A move to DTT and a subsequent was intended to remedy the immediate analogue switch-off will free up spectrum, which deficiency, namely, the absence of a television can be made available for additional broadcasting service. Having listened to Senators’ concerns or telecoms applications. Demand for additional during the course of the Seanad debate, the Bill spectrum has increased significantly and has been has been amended to require RTE to provide a key factor in the move towards digital broad- both a radio and television service to Irish com- casting across Europe. While demand for munities abroad. additional spectrum is not as significant a factor I propose to turn to the elements of the Bill in Ireland as it is across Europe, Ireland will wish that deal with digital terrestrial television, DTT, and be expected to plan for the use of spectrum and digital radio broadcasting. The development in an internationally compatible way. of DTT in Ireland is integral to the continued The European Commission has suggested 2012 availability of free-to-air Irish public broadcasting as a target date for the switch-off of analogue to Irish television viewers. Although satellite, services. Consequently, there is a pressing need cable and MMDS services can provide a range of to bring forward amending legislation in order to televisual offerings to the Irish consumer, none of facilitate the activities that will lead to national these platforms will provide the near-universal, DTT roll-out and analogue switch-off. free-to-air digital service regulated under Irish The Bill has already been the subject of a lively law that DTT can provide. Given the fast-chang- and wide-ranging discussion in the other House. ing developments in technology, analogue terres- Some Government amendments were made to trial transmission is set to become obsolete in the the DTT elements of the Bill at that stage, which near future, particularly as most European coun- amendments mainly provide that the process run tries move to digital provision. It is essential to by the BCI for the allocation of multiplexes will ensure that Irish broadcasting services keep pace take place in a timely fashion. They also clarify with these developments. that ensuring compatibility across multiplexes so DTT will provide the technology upgrade all services can be received on one set-top box is necessary to maintain free-to-air availability of a key consideration for both multiplex contrac- Irish television broadcasting. DTT can offer citi- tors and the BCI. I may table further technical zens much more in terms of choice of channels amendments to the Bill on Committee Stage. and quality of picture. It can also create oppor- The DTT parts of the Bill before the House tunities for additional private sector investment essentially amend one part of the Broadcasting and product offerings, with the possibility to Act 2001, and the basic policy objectives under- provide new and enhanced Government and pinning the 2001 Act still remain in place. The public services. licensing model set out in the Broadcasting Act It is estimated that approximately 29% of 2001 required an all-or-nothing response from the households with licensed televisions use analogue market that was not attractive and proved to be free-to-air terrestrial television only, and that up unworkable. The proposed legislation seeks to to 90% of households use analogue free-to-air establish a more scaleable model that allows terrestrial television on at least one television set public service broadcasters to migrate to DTT in the household. The roll-out of DTT will be and private sector operations to seek DTT mul- particularly important for these households as it tiplex licences as they see fit. will provide them with a viable alternative to ana- This Bill offers a degree of flexibility in the logue television with increased quality and a take-up of multiplexes which will prove more better range of broadcasting services. It will also attractive to private sector operators than options serve to meet the requirement that all TV licence available in previous legislation. The proposed holders continue to receive public service broad- framework also puts in place a mechanism to casting on a free-to-air basis. implement analogue switch-off, which has not I am conscious of the need for Ireland to keep been developed before. Under this Bill it is pro- ahead of the fast pace of developments in digital posed that up to six multiplexes or frequencies broadcasting across the European Union. With should be dedicated to DTT, allowing for this in mind, I launched my Department’s DTT approximately 25 to 30 standard television chan- pilot programme in August 2006. The aim of this nels. However, flexible allocation of the frequen- pilot is to bring momentum to the development cies thereafter could mean further DTT multiplex of DTT in Ireland and to encourage stakeholder allocations, if required by market players. and public interest therein. The pilot project is It is proposed that the first multiplex will be expected to run until 2008 and will provide insight allocated to RTE and will also contain TG4, into the issues associated with the roll-out of a thereby ensuring a foundation level of Irish national DTT system and the potential impact on broadcasting services on the DTT platform. A the analogue television network. second multiplex could be allocated to RTE, sub- 399 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 400

[Mr. N. Dempsey.] Section 5 provides that the Commission for ject to consultation. This is likely to be for high- Communications Regulation, ComReg, is definition television as it requires more spectrum. required to make available licences for DTT The next four multiplexes will be left to open services to RTE and other multiplex service pro- competition run by the BCI within a specified viders. Under this section, ComReg may allocate time limit. The BCI will be obliged to run a com- further licences for DTT to be contracted by the petition for three of these multiplexes immedi- BCI and other services. The section also provides ately, reflecting currently available spectrum. It is for ministerial powers to make provisions for the expected that TV3, as the fourth analogue terres- use of services under section 5 in the event of a trial licensee, may be on one of the four mul- declared emergency. tiplexes. However, TV3 can instead be carried on Section 6 provides that ComReg is required to the “public service” multiplex if it so wishes. The make available licences to RTE and other pro- framework will allow for multiplexes to be added viders in a similar arrangement to that of section as the market requires, with spectrum for these 5 but for digital sound broadcasting. Section 7 four multiplexes guaranteed. I expect these mul- provides for ComReg to levy fees by regulation tiplexes will be in demand given the level of on to various broadcasting licences, including response from the market in the context of the multiplex licences. DTT pilot. The framework will also allow for a Section 8 provides that the BCI should run a gradual take-up of multiplexes over time if that is competition within a specified time limit for the the market response. awarding of multiplex contracts for television and A similar process will be run by the BCI in radio, which should be publicly advertised. The respect of the allocation of sound broadcasting section obliges the BCI to invite applications for multiplexes for digital radio, possibly of the DAB contracts in respect of three national multiplexes standard. While DAB is not as well within six months of the coming into force of the 3 o’clock established across the Union as DTT, legislation. Under this provision, the BCI has it has been established successfully in discretion to set the coverage area for any mul- the United Kingdom. RTE is currently running a tiplex service and services can include regional DAB trial which will allow issues around a and local digital services. national roll-out to be explored. In that context, Section 9 sets out the criteria to be considered this Bill allows for the establishment of DAB by the BCI when awarding contracts to multiplex multiplexes and provides a model for licensing by contractors. Additional criteria can be added at the BCI of DAB in the future. However, it does the discretion of the BCI where necessary. not rule out the use of digital sound technologies Section 10 allows the BCI to set out the terms other than DAB. and conditions for multiplex contracts and sets I will now outline the provisions made in the out a number of possible terms and conditions Bill. Section 1 provides for the Short Title, collec- to be included. In addition, it provides that the tive citation, construction and commencement. commission may suspend or terminate the con- These are standard provisions in legislation. tract under certain conditions, that the contractor Section 2 provides for interpretation and provides may pay fees to the commission and that each definitions for a number of terms used through- multiplex contract shall be open to inspection by out the Bill. the public. Section 3 provides for the authority, RTE, to Section 11 sets out the provisions to allow con- establish and maintain multiplexes and makes sideration by the Minister for Communications, provision to ensure that the RTE and TG4 chan- Marine and Natural Resources of a date for ana- nels are carried on the first multiplex. It also logue switch-off, having consulted all relevant ensures that consideration will be given to the stakeholders. It provides for the Minister, follow- carriage of TV3 on the DTT platform in the event ing consideration of a report from the com- that measures under section 4 do not bring this mission or the authority or at any stage, to issue about. It provides that TG4 and TV3 may make a policy direction in that regard payments to the authority in the event that the Sections 12 and 13 give effect to various minor authority carries these channels on a multiplex. amendments to the Broadcasting Act 2001 in Section 4 outlines the functions of the Broad- respect of DTT and the new licensing model pro- casting Commission of Ireland, BCI, in regard to posed, with particular regard to electronic prog- arranging contracts with multiplex contractors for ramme guides and the application of BCI codes providing additional multiplexes of programming. and rules. The BCI will be required to ensure compliance by Sections 14 and 15 concern RTE’s public contractors with the provisions of the Act. This service remit, to which I referred earlier. Section section also sets out conditions to allow for pro- 16 provides for an analogue broadcasting licence vision of the analogue commercial licensee’s for TG4 after the station’s separation from RTE services on the DTT platform and for any on 1 April 2007. Northern Ireland service that could be designated Section 17 provides for the repeal of sections for carriage in the future. of the Broadcasting Act 2001, in order that the 401 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 402 new alternative licensing regime can apply. people whose forefathers had long ago been Section 18 allows for the Minister’s costs in the transported to Australia and who had never pre- administration of this Act. The Schedule sets out viously met an Irish public representative. They the sections of the Broadcasting Act 2001 that are cried at their first meeting with the Irish repealed by section 17. parliamentary delegation of which I was part. It Extensive consultation has taken place on the was disturbing to see their hunger for information proposed legislation with a wide range of public about a country they had never visited. service and private sector bodies, including the BCI and ComReg. In addition, both ComReg and Mr. Broughan: Was the Deputy’s visit covered the BCI will have a role in the allocation for spec- in the Irish media? trum for DTT purposes. My Department has also been in communication with the European Com- Mr. Durkan: The measures proposed in this mission in the context of analogue switch-off. The Bill will be useful to that group of Australians. DTT pilot currently being run by my Department With regard to the Minister’s proposals on has also provided an opportunity for full engage- technology, I intend to bring amendments on ment with regulators, broadcasters and all other Committee Stage because I am not certain that stakeholders on issues concerning DTT roll-out. use will be made of the optimum technology. It is planned that this pilot will continue over a Although this Bill only forms part of the wider two-year timeframe, during which DTT broad- broadcasting legislation currently under consider- casts will transmit from Three Rock in Dublin ation, the building blocks put in place should be and Clermont Carn in County Louth. able to stand the test of time. As Members are A DTT pilot stakeholders group has been aware, technology has an extremely short lifespan established by my Department to provide a and some technologies become obsolete over- forum within which stakeholders can raise and night. Consequently, it is imperative that the discuss issues associated with the pilot and long- technology put in place and the systems used term DTT strategy. Key discussions have been should stand the test of time. It has been sug- facilitated with a range of public service and com- gested in some quarters that the proposed tech- mercial broadcasters on the issues arising out of nology to be used, namely, the multiplex system, participation in the DTT pilot. is on the cusp of being out of date due to over- This Bill presents an opportunity to ensure that crowding. It may not necessarily give the best the Irish public continues to have access to new possible service to those for whom it is intended. and improved broadcasting services on a univer- In this context, it may be necessary to consider sal and free-to-air basis. A national DTT plat- amendments although the Minister has already form is a prerequisite for maintaining and stated there is provision to use other technologies developing a vibrant and relevant Irish broadcast- in this regard. ing sector, while meeting our commitments to the I wish to refer briefly to the digital television EU switch-off target date of 2012. Consequently, pilot scheme in operation. While pilot schemes I commend this Bill to the House. are well and good, they are merely pilot schemes. There are methods to acquire and condense the Mr. Durkan: I welcome this Bill. However, information and to bring it up to speed much fas- given that it is part of a wider legislative initiative, ter than is the case with the existing scheme. A it would have been more beneficial had we time couple more years will elapse before anything to pass all the legislation discussed in the e-con- worthwhile will be done in respect of moving sultation process. Broadcasting is undergoing towards the switch over from analogue broadcast- major change with the advent of the digital era. ing. I have received information from sources that The future of free-to-air transmissions is in doubt suggests it would be possible to carry out a similar and legislation will be required in that regard. exercise to the pilot programme in a shorter time The needs of consumers, both in Ireland and that would provide the requisite information and abroad, will have to be observed. The Irish dias- begin to put in place the necessary procedures for pora is spread far and wide and significant the change to digital broadcasting. The Minister numbers of Irish people travel on a daily basis to will probably claim this is untrue and that other other parts of Europe and the world, not to men- considerations exist. While I am familiar with tion the numbers who come here from elsewhere. such considerations, if we spend too much time All travellers have an interest in the current debating the procedures to be followed, time may events of the country they have left or are visit- have caught up with the technology and it may ing. We should be certain this Bill will meet the be obsolete before it is ever put into place. needs of these travellers. Although this may sound extraordinary or Having visited the Irish diaspora of a different crazy, it has happened on countless previous era in Camden Town and further afield in Boston occasions in Ireland and elsewhere. Other coun- and Chicago, I was struck by the interest of the tries now recognise that some of the technology Irish abroad in having up-to-date information that has been proposed for use under this Bill is about events at home. I once met a group of out of date and will not be used or must be 403 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 404

[Mr. Durkan.] Ireland and worldwide, in which other local changed. Given the Minister’s opening remarks, media outlets are investing in local radio. This is obviously he is considering this issue. taking place to such an extent that the years are being reeled back in that the local element is Mr. Broughan: Would the Deputy like to see being replaced in a reversion to national or inter- the current Government on high definition national services. While this is acceptable, local television? radio should not be so described if it is no longer local. While this has not happened in all cases, Mr. Durkan: I am unsure whether that would such a tendency exists and arises from a number be good for the consumer. of factors. In common with the telecommunica- tions sector or the information technology sector Mr. Broughan: It might frighten consumers. in general, at a time of low interest rates, which has been the case for some time, it is much more Mr. Durkan: I suspect consumers would be lucrative for investors to consider investing in taken aback in the era of high definition tele- utility services to make high returns. vision. I take Deputy Broughan’s point. One need only consider the Eircom saga in this respect. It is a classic example in which a utility Mr. N. Dempsey: The Deputy has more to worry about in that regard than me. service has been rolled over four times in the last eight years. Each time, the emphasis has been on Mr. Durkan: Some of the Minister’s colleagues the value of the company rather than the value have paid so many visits to television and radio of the service to the consumer. As for the broad- studios recently that so doing in high definition casting area, Members must retain clearly the might prove to be a shock for which the public objective of providing a service to the consumer, may not be prepared. Although the public has rather than for the convenience of the service been shocked on numerous occasions, I will not provider or investor. The Minister may need to go into specific instances. investigate this issue in respect of the broader Although it should not apply to the service that broadcasting legislation. While I do not refer to is being introduced, some Ministers tend to the legislation before the House, it will arise and regard the national broadcasting service as their must be dealt with. I know this issue will be dealt own, or as “one of ours”, in the catch phrase from with, either by the Minister or by Opposition RTE’s “Killinaskully”. However, the public Members after they take office, as it will be broadcasting service is not “one of ours”. It is necessary to so do. While this matter will be dis- available to all and to both Government and cussed in greater detail subsequently, I believe it Opposition in equal proportions. The current or must be done by way of legislation. any future Government should be made aware The question of regulation and competition that any attempt to subsume the national broad- appears to work better in the United States than casting service is simply not on. Ministers may in Ireland. Perhaps the model we are using is not believe that by virtue of their office, they have optimal. However, it appears that in the Unites the automatic right to descend on a television or States, there is provision in legislation whereby radio studio to give the public the benefit of their the service being provided must be adequately high moral tones and values on all kinds of issues funded, invested and upgraded on a regular basis at all times. However, they should realise that to ensure its continued provision to the con- such facilities must be made equally available to sumer, as opposed to fattening the company or everyone else without exception. utility service for sale as an investment venture. For instance, a change of Government, which This matter requires a great deal of attention and will take place, might come as a terrible shock to pertains to all of the services for which the Mini- the public because they will no longer see those ster is responsible, such as electricity generation, familiar faces continually, even in high definition. electronic communications of all forms, the This may create withdrawal symptoms among communications sector in general and the postal those unfortunate Members who are on the transmission services. They are all utility services Government benches, but who will then be sitting that will become highly attractive for investments on the Opposition benches. There is ample scope or for a quick fattening sale. However, the poten- and space for all in the broadcasting area. tial exists in all to damage the level of service that While I am on the subject, this Bill does not the consumer has a right to expect. I raise this cover local broadcasting, which is a powerful point to ensure Members are on the right track. element in Ireland’s communications system. In Will the Minister indicate whether it is possible future, there will be more local television. I will to shorten the pilot project to which he referred revert shortly to the difference between television and bring forward proposals to telescope it and and the use of a personal computer or whatever get ahead of the posse rather than chase it? While for viewing programmes. However, Members I do not suggest the Minister is to blame, in recent should consider the direction being taken by local years we saw slow starts and progress in this area. radio. At present there are numerous cases, in The availability of broadband is a classic example. 405 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 406

For whatever reason, we moved from a situation what I would most like to know. It can be done, a few years ago where we were at the leading as we can receive signals in tunnels. I must check edge to being second or third last in the Euro- whether we can receive a signal in the new tunnel pean league. No matter what we do, unless we here. From past experience, I know it is possible jump ahead of our targets and set our own stan- to receive an adequate signal throughout Europe. dards which should leave us at the leading edge, It is also possible to receive a good quality signal we will not be in a position to compete effectively transmitted from this country throughout in the European arena. It is short and simple. The Europe, whether it be long wave, short wave or same applies to every service provided by other digital. The old-fashioned or overcrowded signal Departments which have the ability or necessity and the clear near stereo signal are as different to utilise modern telecommunications. as chalk and cheese. There is no comparison. I will return to the use of technology and digital From driving cross-country, we are familiar short wave or long wave transmissions. The Tara with the automatic pre-selection system in motor- transmission and long wave transmissions from cars. It changes to pick up various stations as one here were of major benefit to Irish people living travels from one part of the country to another. abroad. The degree to which they will benefit One does not always get a good quality signal, from the new system is what will most interest sound or response. When there is a squelch, fade us now. or loss of signal, one wonders what is happening. The Minister mentioned a single set-top trans- We had such an example in recent times. As the poser. It should be possible to build into the tech- Minister is aware, broadcasting services from a nology within receivers an ability to decode auto- number of churches ceased. Many parishes were matically. The more one switches on and off annoyed and disappointed. They had available to boxes, transposers and various thingamajigs the them an FM signal which was quite good but then more complicated it becomes. It is possible to disappeared. As the Minister knows, I was in build into radio or television receivers a system touch with his office and he provided me the which can automatically receive and decode a sig- information available to him. I was also in touch nal and deal with it in any way. with the regulator and received the information Way back in the early 1980s I won a video available to that office. I was told air traffic con- recorder. I do not know how I won it but I trol was in deep trouble with the system and that remember the first prize was a Volkswagen it had to be changed. From experience gained in Golf—— a previous incarnation, I was amazed that was interference with air traffic control. I was not all Mr. Broughan: Was it in a Fine Gael draw? that reassured from the information I received. Suffice to say, it is possible to have both signals. Mr. Durkan: It was not. I think it was a GAA It is possible to provide a service for all churches draw. The first prize was a Volkswagen Golf and in a way which will not interfere with anybody the second a video recorder. They were that close else, any other signal or emergency services. It is together at the time. It came in a box and some- possible to provide such a service throughout the body who knew about these matters asked me country and further afield. In the context of what whether it was a betacord or VHS recorder. I told is proposed in the Bill, it is possible to restore him it was a betacord recorder and he told me I the high quality signal available to churches and ought to get rid of it straightaway because it was utilise the technology available without inter- old technology. In fact, it was not; it was the best. ference. This is the right time to do so. The confi- However, it was not the most used, which is a dence in the system of those who had come to different matter. The major manufacturers had enjoy a particular quality of service would be come together under a particular technology restored. For regulatory reasons or otherwise, umbrella and decided to use the VHS system overnight they found they no longer had the which was not nearly as good, easy to use or service. It should not be this way. advanced as the betacord system. That is a fact. I Will the Minister examine how the Bill can used both and from personal evaluation, that is assist those involved in providing a service from what it amounted to. It proves a point that what churches, particularly for older people and those we are told is not always correct. We know this who are ill and are unable to attend mass or from the various expert groups which advise us. church services on a Sunday morning? This would Expert advice varies. The great thing about be of major benefit. Someone will argue that a experts is that two groups can have totally differ- system is provided for them through a new type ent opinions, each proving its case. However, only of receiver box. It is a CB-type signal which is not one of them is right. Which is it? of high quality. We do not need to rely on it. It Will the technology to be used have a reason- would be helpful if the Minister could indicate to ably long lifespan? Will we avail of it early and the House how the matter might be dealt with. will it have the ability to transmit a signal to the Perhaps we are seeing the end of free-to-air widest possible audience throughout Europe, in television services; it looks to me that that is the particular, and further afield, if possible? That is way it is going. It has been that way in the United 407 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 408

[Mr. Durkan.] Acting Chairman (Deputy Glennon): Is that States for some time. This is sad, as there will agreed? Agreed. always be a place for a free-to-air broadcast station which fulfils national broadcasting needs Mr. Stagg: I am very happy to be here speaking and the public service obligation. Such a station on this issue, but my interest lies only in sections would be free and independent and not rely 3, 14 and 15. The balance will be very ably dealt unnecessarily on advertising support, etc. There with by my colleague, Deputy Broughan, the are different horses for different courses. TG4 Labour Party’s spokesperson on this area. provides an interesting service different from that The debate on the issue of broadcasting to the provided by many other stations. It has been Irish abroad started with the Labour Party’s innovative and effective in the sports area and the Private Members’ motion on 27 and 28 January broadcasting of Oireachtas proceedings. Live 2004 which sought the implementation of the task proceedings from the Oireachtas have been force report on the Irish abroad. Amazingly, this broadcast when the occasion has arisen. It has was the first time the issue of the needs of the done a good job for the Irish language and the Irish abroad was discussed in this House, despite consumer by presenting such an option. the large numbers involved over a protracted The time has come for the live broadcasting of period of time. There has been real progress proceedings in these Houses, something since. Funding by the Government has increased \ \ Members seek all the time. There is ample scope from 4 million in 2004 to 15 million this year and space for building a service around the pro- and services have been increased accordingly. ceedings of the national parliament. For those However, the task force envisaged a larger \ who ask who would want to listen to them, it amount, 34 million, in funding from the Govern- should be said people ignore proceedings in the ment. It could be said there is “a lot done, more Houses at their peril. Everything that is legislated to do”. for must pass through the Houses and the public That we are discussing the measure today is has a right to know what its representatives say proof that campaigning works. I was not the only and do, how they vote and deport themselves and person involved in the campaign; Members from what is done in response to the Government or the Government side and other Opposition par- ties were involved also. We were persistent and Opposition. It is a vital part of democracy and successful, as is demonstrated by our discussion would be a very important service. Such a broad- of section 3 today. The Opposition can propose cast would be viewed by a large number. I am as much as it likes but in the long term the sure my colleagues share my experience of people Government disposes. I want to recognise that walking up to me and asking about what a certain reality. Member had said because I would have been Arising from the 2004 debate, Fine Gael and present at the time and knew what was hap- the Labour Party have developed a joint policy pening. If we wish to have a full House, some- position for the implementation of all aspects of thing which receives much comment outside, we the task force report during a period of govern- should make it interesting and bring the public ment. Two issues have regularly and constantly with us. If it cannot be here, we should be come to the fore in my discussions with both indi- brought to it. The people have a right to know as viduals and organisations working for the Irish events happen. During the summer months, when abroad. One is free travel when such persons visit everybody believes we all go away and have no Ireland, an issue the Government is addressing interest in what goes on here, any radio or tele- but an initiative it is having difficulty imple- vision station worth its salt would be able to build menting. The other is reception of Irish television programming around issues already discussed. services by the Irish abroad, particularly in This could come from committees which sit for Britain, for which there is a strong demand, which most of the year or by repeating some broadcasts grew greatly after the Tara service disappeared from the Houses. TG4 has done tremendous for economic reasons. The reason for such strong work in this area and shown us the way. demand is very obvious, as people wish to keep I have referred to a number of points and, like in touch and ensure they know what is happening. my colleagues, hope to bring forward amend- They want to be in contact with home and do not ments on Committee Stage. We need time to do want to be isolated. so. I do not believe it is fair or proper to expect I pay tribute to and thank the Taoiseach. I pest- us to deliver such amendments within 24 hours. ered him on the Order of Business with the The issue is too important for that. matter which I raised 15 times. I got a good recep- I welcome the Bill in general and hope all the tion every time. He spoke to me privately and aspirations for it can be met in full. In so far as told me he was favourably disposed to my sugges- we can, we will do our best to assist its passage. tion that this measure be removed from the large Broadcasting Bill and included in this one. He Mr. Stagg: I wish to share time with Deputy told me he would speak to the appropriate Mini- Broughan. ster whom I thank for doing exactly that and 409 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 410 bringing this short measure before the Da´il. I ask the Minister not to allow RTE to drag its Other issues are attached about which I do not heels. Earlier, he stated that it might take some know much; I am interested only in this matter. time, but there is no reason in the world for that My colleague is an expert and will tackle the to be the case. New services can be set up quickly, Minister if the need arises. but this is an extension of an existing service. Section 3(1)(b) states: With modern technology and the provisions in the Bill, there is no reason the service cannot be by inserting the following subsections after sub- in place in time for the All-Ireland Final. I look section (1): forward to counties Meath and Mayo playing. I “(1A) The Authority shall establish and am not hopeful of counties Meath and Kildare maintain a television broadcasting service meeting in the final, as they are in the same and a sound broadcasting service, which province. services shall be made available, in so far as the Authority considers reasonably practi- Mr. Broughan: Their last match was rough. cable, to Irish communities outside the island of Ireland and the Authority shall have all Mr. Stagg: I am sure it will be rough the next such powers as are necessary for or inciden- time. tal to those purposes.” Mr. Durkan: It might be called off. That is key legislation which will empower RTE to broadcast outside the island. When we pre- Mr. Stagg: I look forward to the final being viously considered this matter, both sides of the available to our brothers and sisters abroad. I will House believed it could be done but RTE wanted hand over to my colleague, who will address to avoid it at all costs, putting every possible other matters in the Bill. obstacle in the way. When the Government was at the point of instructing RTE to do it as a Mr. Broughan: In general, I welcome the intro- matter of policy, the body indicated that the old duction of the Broadcasting (Amendment) Bill. Broadcasting Act restricted it to broadcasting on For a long time, the Labour Party has cam- the island of Ireland. This amendment arose from paigned for and supported the two key objectives this and enables it to broadcast outside the island. of the Bill, namely, the introduction of broadcast- This will give a degree of recognition ing services for the Irish diaspora, particularly in demanded by the Irish abroad for the very real the United Kingdom, and the introduction of and significant assistance provided by them dur- digital terrestrial television services. The Bill can ing the 1950s, 1960s and 1970s. The amount is col- rightly be said to be a victory for the long cam- ossal, even in the context of today’s figures. It paign led by my colleague, Deputy Stagg, for the amounts to a real transfer of \3.5 billion. Through extension of television services to the large Irish this measure and others, it is high time to thank community in the UK, which was forced to leave the elderly people in question, many of whom these shores during the past 50 years or so. The sent money home to those who were regularly in Labour Party is proud of Deputy Stagg and his poor circumstances. We should thank them for achievement and I commend him. the food, clothes, books and education paid for Last year, I had cause to describe the Minister, with their money. Often, £5 sterling, equivalent Deputy Noel Dempsey, and the Government as to an Irish week’s wages, would arrive in an an analogue Government in a digital age. Unfor- envelope. As I have personal experience in this tunately, that description remains merited. The regard, I want to record my thanks. Bill is a small first step rather than a comprehen- The constantly recurring themes in the dis- sive vision for facilitating a smooth and speedy cussions with the Irish abroad were the reception digital transition. The Labour Party believes that of television and free travel. On the former, a comprehensive plan for achieving digital switch- people had a service through Tara Television, but over must be prepared and implemented when it disappeared suddenly, the isolation felt urgently, as we cannot afford the botched intro- by many was all the stronger. In England, there duction of yet another critical component of the is a large number of Irish widows in the 55 year digital infrastructure. to 65 year age group arising from the tough life- Our particular concern is the digital inclusion styles of their husbands, which affected the health of our whole population. Vulnerable groups that of those men and caused them to die young. will be most affected by the switch-over, such as While the widows are not particularly poor, they senior citizens and households that have low are culturally isolated and removed from their incomes and are socially or geographically iso- communities. One’s cultural identity is important, lated, must not be left behind in the transition the most important part of which is retaining process. In three months time, it should be a links. Being able to see contemporary RTE, policy of the new Government to provide set-top home-produced, sports and news programmes boxes to senior and vulnerable citizens. would be a positive strengthening of that link and reduction of the isolation in question. Mr. Durkan: Hear, hear. 411 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 412

Mr. Durkan: When the main broadcasting Bill, There are eerie and disturbing parallels or the large broadcasting Bill, as we have been between the ongoing disastrous broadband roll- calling it, was published last September, a ques- out overseen by the Government and the roll-out tion that occurred to everyone concerned the of digital terrestrial broadcasting. More than a whereabouts of the DTT section. It soon became year ago, I warned the Minister of a significant clear, as Professor Colum Kenny of DCU pre- danger, in that we could see a rerun of the broad- dicted rightly, that the Government would need band debacle that has resulted in the inter- to publish a second Bill to amend the main broad- national joke that is our position in EU league casting Bill and to provide for DTT, which is tables for broadband penetration, as described in before the House today. The Government had no The Irish Times a few weeks ago. Many of the intention of putting the main Bill through the same issues are involved, namely, being extra- House. ordinarily slow on up-take, being left behind by The heads of the main Bill were historic our EU and OECD partners, undertaking no because it was the first legislation to be submitted research or proper preparation, not establishing for full consultation to the people through the public information or awareness campaigns, not Oireachtas website. At least 60,000 hits were ensuring that all citizens will have access to recorded in the main consultation period. It developing services and allowing a digital divide seems cruel, but typical of the Government, that between sections of our society to develop. Did a Bill so invigilated — our committee held two the Government and Minister learn nothing from days of hearings on it — should be allowed to his mismanagement of broadband and its roll- wither on the vine as the Government passes out out? of office. It is typical of the Government to kick issues to touch and to hope they will go away Mr. Durkan: Hear, hear. until after the general election. Mr. Broughan: One of the starkest examples of Mr. Durkan: Sneaking away. the Government’s lethargy on all matters digital has been the failure to set a timeframe for switch- Mr. Broughan: It is disappointing, but not sur- ing off the analogue signal. In section 11, which prising, that the same ad hoc and disjointed deals with analogue switch-off, we get only a approach to broadband is being taken to broad- vague commitment to conduct a consultation pro- casting matters. Is it not bizarre that the main cess and review in two years. The EU has stated broadcasting Bill was to establish the new broad- that 2012 is the preferred end date for switching casting authority of Ireland, which was to sub- off the analogue signal across Europe. Perhaps sume the Broadcasting Commission of Ireland, analogue transmission suits an analogue Govern- yet this Bill refers to the BCI? It is an incredible ment, but the rest of Europe is beginning to live mess in terms of legislative strategy. in the digital age. The Government has made no decision. The target dates for most other EU Mr. Durkan: An each-way bet. member states range from 2008 to 2012. I again Mr. Broughan: Yes. ask the Minister to address the issue of whether 2012 will be the date for the switch-off of ana- Acting Chairman: Deputy Broughan without logue services. I have asked this question six interruption. times already in parliamentary questions in the past year and a half. Mr. Broughan: Repeatedly, section 3 refers to A two-year digital terrestrial television, DTT, new functions for the RTE Authority, but RTE pilot programme at two locations has been estab- was another body to be abolished through last lished in the last couple of months but there are September’s Bill. I welcome that RTE is present still few, if any, radio services available in the in the legislation before the House. As I tried to form of digital audio broadcasts, DAB. I under- clarify at the committee hearings, the Labour stand people with DAB sets have nothing to Party is opposed to the abolition of the RTE receive and that interactive digital services such Authority and favours the British broadcasting as video on demand, VOD, archive services or model of regulation where the national broad- interactive commercials are also underdeveloped. caster has its own regulating authority and Neither the Government, the national broad- OfCom regulates the rest of the broadcasting and caster, RTE, nor the communications regulator, communications landscape. ComReg, has taken or been charged with taking We are legislating for DTT in a regulatory and the primary role in leading the digital switchover. broadcasting environment that was to be radically In the United Kingdom the former head of Chan- changed by the overarching broadcasting Bill. nel Five, Mr. David Elstein, told British MPs at Therefore, it is an incongruous and incomprehen- the House of Commons Committee on Culture, sible situation within which to bring forward DTT Media and Sport that the digital switchover “will structures. Will the Minister address these be the biggest single civil project in the history of matters in his response? this country”. He went on to say, “Just telling 413 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 414 people that all their TVs and videos are going to supplied to around 6,000 low-income households. stop working is not managing things.” That is The process involved a staggered switch-off, a more or less what the Minister, Deputy Dempsey, partnership with industry, a major public infor- told me at Question Time a few months ago. mation campaign and a regional and local Converting terrestrial television services to approach, none of which the Minister has digital services is a complex project that will attempted here. necessitate a high degree of co-ordination and co- The United Kingdom has been described as the operation. So far there has been little manage- “most advanced country in terms of digital pro- ment by the outgoing Fianna Fa´il-Progressive gress”. This progress has been achieved because Democrats Government of the unfolding digital of the strong proactive approach taken by the transition. For example, how does the Minister British Labour Party Government on the issue envisage ComReg being involved? In sections 4 and the establishment of an effective partnership to 6, inclusive, it has a minimal role. On Tuesday between the regulator, the main public service we shall discuss a major Bill to change ComReg, broadcaster, the BBC, and the Government. yet the Minister does not seem to have given it a According to the British Government’s cost- serious function, except in its role as dispenser of benefit analysis, of the cost and power impli- spaces on the spectrum, as mentioned at the top cations of digital switchover, as produced by of the Bill. Most of all, the Minister has not pub- OfCom in 2005, the process would bring benefits lished any costings or cost-benefit analysis of the in the region of £1.1 to £2.2 billion. We have a digital switchover, or the potential cost to the tax- whole series of such reports from OfCom and the payer and householder of the total project. When BBC, yet in this country, apart from a very brief I asked on 30 May 2006 whether he had any cost document from RTE, we literally seem to be estimates, he replied: working in the dark. A rolling series of dates for the switch-off of It is quite a simple sum. One must add up analogue services has been set in Britain. Wales, the cost of the televisions that will have to be for example, will be switching off in 2009. The Six bought, perhaps one or two per household. Counties will be among the last group of regions That is a matter for the individual householder. to switch off in 2012. The British have set up an He appeared to be very unclear on the actual pro- independent non-profit organisation, Digital UK, cess of digital switchover. DTT allows for a rela- to oversee and co-ordinate digital transformation tively simple conversion process and may not and ensure the switchover is carried out in an entail every owner having to replace existing tele- efficient and equitable manner. I may table an vision and video recorders. The Minister told me amendment on behalf of the Labour Party pro- last week that the DTT project would cost \6 mil- posing the establishment of a similar agency here. lion, with \2 million being spent in 2007-08. New Zealand, too, provides an interesting Therefore, the explanatory memorandum to the example in the Irish context as it is a country of Bill is not correct, because it states it will be similar size, populationwise, and makes special Exchequer neutral; yet, the Minister is talking provision for the representation and protection of about spending a minimum of \6 million, I pre- the Maori heritage in a way not dissimilar to how sume on information campaigns. we protect the Irish language and culture. A very The ceannaire of RTE, Mr. Cathal Goan, has proactive approach has been taken by the Labour costed the charge for set-top boxes which we Party Government towards moving to full digital need at \100 each. If there are 1.8 million house- transmission. It is concerned, in particular, to pro- holds, the figure involved could reach a minimum tect the free-to-air digital content which clearly is of \180 million alone. Then there is the major thought to be under threat. The transition to digi- cost to RTE and others of replacing analogue tal transmission is critically important for individ- transmission equipment and rolling out the DTT ual viewers. Digital services will provide many network. However, there are no estimates for any benefits, including enhanced picture quality, of this and nothing as regards what multiplex sound, range of portable and mobile reception, licences will cost when we go past the second information services and increased choice of tele- multiplex. It seems clear that on costings the vision and radio channels, as Deputies Stagg and Minister has done no homework and is not pre- Durkan have so eloquently expressed. pared to give the public or householders even a There will be significant problems for Ireland. general view of what this initiative is likely to cost In the informative briefing document sent to the country. Members of the Oireachtas by the RTE cean- In other countries a much more proactive naire, Mr. Cathal Goan, he states 88,000 families approach has been adopted by governments. The in Leinster who receive free multi-channel tele- German region of Berlin-Brandenburg, for vision services will be cut off when UK services example, was the first in the world to complete in the west of England and Wales go digital. This the digital switchover in August 2003. The rest of gives them just a couple of years. A further Germany is on schedule to have converted by 115,000 households will lose free multi-channel 2010. In Berlin-Brandenburg set-top boxes were reception in a staggered manner as other areas in 415 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 416

[Mr. Broughan.] cial broadcasters on the public service side on the the United Kingdom switch off. This is an enor- work that has been done particularly in the past mous number of Irish families which are on the decade. verge of losing multi-choice free-to-air reception. A disappointing feature of the Bill is section 9, That is why I told the Da´il last week that a few to which I will table amendments on Committee years down the line many householders may well Stage. Regarding the conditions to be applied to have a “Noel Dempsey moment” when they turn the awarding of multiplex contracts, there is no a on their sets and they go fuzzy or blank. specific reference to public sector broadcasting. I welcome the provisions for digital radio and Mr. Durkan: Perish the thought, drifts of snow. the multiplexes. I was contacted by a number of people who raised concerns about the introduc- Mr. Broughan: In the event they shall probably tion of digital audio broadcasting, DAB, tech- say, “God be with Noel Dempsey, wherever he is nology. In an article in a recent edition of the now, but he did not prepare our areas.” RTE has The Guardian the ACC plus, the advanced audio stated the analogue transmission network “may coding format, was officially adopted as a new not survive beyond 2012-2015”. More than standard for digital audio broadcasting. A ques- 500,000 households rely completely on terrestrial tion posed in the article was whether DAB tech- analogue services and nearly all will experience nology in the United Kingdom is perhaps obsol- some cost because of the switchover. So far the ete. DAB technology necessitates the Government has conducted very little research in introduction of new transmission equipment. It this regard. As the rest of the European Union is also involves listeners having the relevant tech- migrating from digital in the next few years, the nology to access the radio services. I am aware quality of Irish broadcast services will be affected RTE has recently run a six month trial of DAB unless we, too, rapidly make the switch to digital along the east coast involving RTE Radio 1, 2FM, services. RTE Raidio´ na Gaeltachta, RTE Lyric FM, For the Labour Party, public service broadcast- Today FM and WRN. I understand that currently ing has always been a cornerstone of the broad- there are no DAB services available in Ireland. casting system, as it embodies qualities such as Therefore, I am not sure if anyone who bought a range and balance, diversity, social and cultural DAB set recently can receive digital radio broad- values and universality which are essential to a casts. The Minister might respond to that point. properly functioning democracy. We are proud of Developing DAB technologies offers RTE and the role Deputy Michael D. Higgins played as other broadcasters an opportunity to establish Minister of State in the development of public new niche services and experiment with a wide service broadcasting, with the foundation of TG4 variety of digital content. This would be a major and the expansion of RTE’s services. Digital development for community and local stations. I technologies, however, may undermine the deliv- was contacted recently by a retired engineer, Mr. ery of public service broadcasts and threaten such Enda O’Kane, regarding the provision of digital seminal principles as being free at the point of radio mondiale, DRM, services, which he and use, universally available and connecting with a many others — I referred to the recent article majority of the national audience. There is a risk in The Guardian — have said would offer many that as digital services become more ubiquitous, advances over the existing analogue broadcasting a broadcasting ecology that is predominantly pay- systems, especially from the point of view of per-view, with few locally produced programmes, interference which limits listening enjoyment, could develop. That is something we must avoid particularly at night. I ask the Minister to respond at all costs. That is the reason the national broad- to that point in regard to the radio multiplexes. caster has stressed the need for the urgent One of the interesting questions arising under development of Irish digital services. the legislation is how the Minister intends to pro- We have heard right wing journalists debate ceed with spectrum management once the ana- whether there should be a licence fee, if it is sus- logue signal is switched off. Spectrum space has tainable in the digital era or whether the public potentially very high commercial values and can service broadcasters, RTE and TG4, be used for a wide range of mobile TV, standard 4 o’clock should be allowed to take advertis- mobile telephone services, wireless broadband, ing. There are profound issues terrestrial high definition TV, standard definition involved. I warmly welcome the development of TV channels, interactive services or even, as broadcasting abroad but digital broadcasting described by the European Commission, the wild- necessitates a wider debate afforded by the dis- card option of innovative new services. cussion on this Bill. The argument has been put forward that the The development of digital broadcasting offers public good will be best served by allocating the national public service broadcaster a major much of the released frequencies to terrestrial opportunity to forge a unique role in the broad- high definition television, HDTV. However, casting of programmes of national importance as HDTV requires much more spectrum space. The the main facilitators of a national shared public Minister indicated in his Seanad speech on the space. I commend RTE, TG4 and other commer- Bill that under this legislation six multiplexes will 417 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 418 be dedicated for DTT facilitating approximately should be commercial but we should be canny in 25 to 30 standard channels. Why did he decide how we spend our money. Those services, by nat- on standard channels rather than high definition ure, would not be ones to which royalty rights television? As I said to Deputy Durkan, we might issues attach, rather they would be programmes see the next Government and Opposition on high that could be selected from RTE, TG4 or TG3, definition television. Why will there be only 25 to and possibly could be provided on a free satellite 30 standard channels? service in the UK or in combination with the web access service. That may be a cheaper way to Mr. Durkan: The Minister will then be on this provide universal coverage of services in the UK side of the House. rather than free-to-air digital services, which might be more expensive. I would be interested Mr. N. Dempsey: Perish the thought. to hear the Minister’s view on the best channels of communication to achieve that and the cost Mr. Broughan: I welcome the Bill. The implications. Has the Department an indicative Government’s approach to the legislation and to outline of the cost of the various solutions or the way forward through the use of digital tech- ways of distributing the services? While all nology is a classic example of it behaving as an analogue dinosaur. We need a new Government Members here support the provisions as set out, for the digital age and, hopefully, that will happen it is important to be clear from the start about a few months’ time. what we are talking rather than being aspirational and not committing ourselves because we do not Mr. Durkan: Hear, hear. know the possible costs or implications. The provision of services here is complicated Mr. N. Dempsey: We need an Opposition that by the availability of other platforms. That 70% knows where it is going. of households here are on either a cable or satel- lite service has an obvious effect. Furthermore, Mr. Eamon Ryan: I wish to share my time with the fact that we will go through a transition Deputies Crowe, Catherine Murphy and Finian period where those households who do not have McGrath. that service will lose the British channels they currently receive by dint of geographical spillover Acting Chairman: That is agreed. is a significant development and complicates the issue before us as to how we plan our own free- Mr. Eamon Ryan: I remember when I lived in to-air services. I contend that in two years’ time, London in the mid-1980s thinking I might not as Deputy Broughan said and as Mr. Cathal Goan return to live here and having a sinking feeling as pointed out, some 88,000 families in the Leinster I watched the BBC news in my flat in west area will lose that multichannel television they London. Even though I had grown up watching have had for at least the 40 years I have been the BBC news, as we had that channel at home, here. This is of some consequence. living on the east coast, I thought then for the We should ensure we have a strong free-to-air first time that BBC News was biased in the sense service. If we plan for a free-to-air service which that it did not give me the full picture. RTE was only contains the four existing Irish channels, not available to me and on BBC News I got only such a service will not lose out to the alternative half the picture or half the story of my country. platforms, be they satellite or cable, which can That had a profound effect on me. That is when I carry the full array of channels. We should plan had a sense that I was living in a foreign country. in this legislation for solutions which ensure a I say that for two reasons, first, because I fully free-to-air service that attracts a reasonable view- support and understand the proposal of providing Irish services to our emigrants in the UK who ership, even if it is not the full percentage of our have a connection with this country and, second, population, to make it viable or justifiable. The it makes the important point that we need to have solution would be to adopt a North-South — the control, ownership and possession of our free to Minister intimated this in reply to questions earl- air Irish broadcasting services to ensure we do not ier in the week — all-Ireland approach, possibly lose control of that most important part of our on a free-to-air digital service, to the provision of civic and State life. I refer to the ability to com- the main public sector broadcasting channels, municate to each other and to have access to BBC 1, BBC 2, RTE 1, RTE 2 and possibly ITV news which we, rather than Rupert Murdoch or and TV3, although I recognise there are diffi- another corporate individual, control. culties with including TV3 and ITV in terms of I commend the proposal to provide services for royalty issues, North and South. I strongly con- those in the UK. Perhaps through amendments tend that we need such an all-Ireland dimension on Committee Stage we can discuss what pro- to make sure we have a strong free-to-air service, posals the Minister considers most appropriate to although not necessarily to compete with NTL or meet the aspiration that has been set. It is instruc- Sky. They offer a different package, namely, a tive that an earlier attempt to do this failed on a plethora of sports and other add-on adjunct commercial basis. I am not saying the services channels. 419 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 420

[Mr. Eamon Ryan.] which is unfortunate. We are not legislating here I do not believe a free-to-air service would sur- for a general broadcasting Bill, which we should vive on just the four Irish channels themselves. I have done before the end of this Da´il. Under the suggest that we should be doing something heads of the Bill set out by the Minister, a future similar to what we have just passed in the energy Minister will have too close a relationship, area and to what will hopefully pass through the responsibility and authority over the control of House of Lords next week. We should be looking public sector broadcasting. at all-island solution, whereby ComReg, the Having said all that, I still commend the Bill Broadcasting Commission of Ireland, RTE, and I look forward to debating it on Committee Ofcom and other bodies in the North, as well Stage. both Governments, can come together to manage the development of an all-Ireland free-to-air Mr. Crowe: The irony is not lost on me, as a service. If this happens, people in Belfast and Sinn Fe´in elected representative, that I have an Derry can readily access Irish channels, while we opportunity to make a contribution to a Bill on might also be able to carry some UK public broadcasting and RTE, 13 years after censorship service channels on our free-to-air service. That against Sinn Fe´in under section 31 was lifted. would provide the type of free-to-air service that Section 31 was highly undemocratic, stifled people are used to in Ireland. Without such a debate and discussion and denied viewers and lis- development, the free-to-air service will not hold teners in this State the experience of fellow Irish up and we may push many of our new customers people. Despite our criticism of the effect of State in rural areas towards Sky and cable. This will censorship directed against my party, and its ling- leave us without any free-to-air service that pro- ering effects on some RTE personnel, Sinn Fe´in vides an independent State-controlled guaranteed is committed to support for public service broadcasting transmission network. broadcasting. I will table amendments on this issue on Com- The core point is that we were promised an mittee Stage and I will be interested to hear the RTE-led digital television service in previous Minister’s views. There is an urgency about all years by Governments led by Fianna Fa´il and the this as we will be losing our current analogue Progressive Democrats Party. The original pro- services in two years’ time. If that is to happen, posal from the then Minister, Deputy de Valera, we should try to get a better alternative. When in the late 1990s included an enhanced RTE dealing with ComReg’s spectrum management and the possibility of the BCI as a future all- service with an international partner. It would Ireland regulator, it is apparent that there is a have extra Irish-based channels, including 24 cross-over in responsibilities. If we create a single hour news, current affairs, education, science and regulatory structure, with very clearly defined so on. The Government dithered, letting BSkyB and separate divisions within it, we might follow and then NTL enter the market with their own the Ofcom model in the UK where the spectrum digital offerings. This made any move by RTE licensing was held in a broadly defined broadcast- meaningless. While new stations like Setanta, ing regulator. Channel 6 and the City Channel are welcome, I do not understand why the Department has they do not constitute the promised expanded engaged in pilot testing. This technology is public service. The full ignominy of this became developing all over Europe, including Northern obvious when RTE became an add-on to the Ireland, and I do not see the technological reason BSkyB digital satellite service. for the Department to do it. I do not even know I welcome moves in the Bill to allow RTE to why it rather than an outside body is doing it. We broadcast to Irish communities living outside the should also legislate to insist on the availability of island of Ireland, but what about the situation on a political channel in any Irish free-to-air service the island of Ireland? RTE has a remit to broad- or for any free-to-air services overseas. We have cast all over the island, but what about the areas to take seriously the opening up of these Houses in the North that do not receive RTE? Will the and the Oireachtas committees. We should be Bill address this problem in any way? I have legislating for that now so that one of the mul- heard the argument proposed that we should fol- tiplexes opens up the work we do here. That is low the French example of TV5, which is a world- the right step in the democratic process. wide publicly funded service. However, such a scenario seems far off for RTE when it is not Mr. Durkan: Hear, hear. broadcasting all over the island of Ireland. Does the Minister accept that there should be all- Mr. Eamon Ryan: We should use this debate Ireland coverage? The Irish diaspora around the to discuss the future of RTE. There is a real ques- world should be facilitated by receiving up-to- tion about whether RTE is a content producer. date current affairs and news from RTE. Retain- That question should also be asked of TV3, but ing a link with one’s country is desirable and tele- we have responsibility for RTE. It should not see vision is a good medium to provide it. It is also itself as being involved in the transmission area. important for people to keep in touch with home There are real questions about the future of RTE, when they are abroad. 421 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 422

I am conscious of the need to move with the That such circumstances could arise again should technological times. We have been very late with be of concern to all of us. We need to outline a the introduction of digital terrestrial television. clear vision of the kind of service that should be Broadcasting is obviously evolving, like other sec- offered to the public. It should not be delivered tors. The Minister stated that digital television on an incremental basis. We have debated the was important in providing an alternative to ana- nature of the broad vision we should have. Sur- logue television, increased quality and a range of veys in the recent past have found that when broadcasting services. It is not only about that, people who predominantly read British news- but the quality of programmes. With the advent papers are asked to name their public representa- of NTL Digital and other services, television in tives, they are likely to name British politicians. Ireland is rapidly becoming more like that in the We will make a big mistake if we do not protect United States. Bruce Springsteen famously sang the integrity of the content that is delivered. about “57 channels and nothing on”. The explanatory memorandum that We want a television service that will promote accompanies the Bill states that it aims to estab- Irish created content, be it news, current affairs, lish a market-responsive model for licensing digi- documentaries, sports, films or regional prog- tal terrestrial television in Ireland. The use of rammes. This Bill effectively states that such a such a model in the broadband sector has led to service will not be delivered. Channel 4 has a inadequate delivery of broadband services to similar budget to RTE, yet its More 4 and E4 many people. I do not favour the hands-off channels have news and current affairs prog- approach that is adopted in many sectors. Com- rammes that put RTE to shame. Reg’s consumer protection function does not I am glad that radio services have now been extend to NTL and other service providers. Con- included in the Bill. The National Council for the sumers were the losers when NTL recently Blind made a good argument about extending the decided to impose a charge on customers who do Bill to include radio so that it caters for members not pay by direct debit. There is no competition of Irish communities outside Ireland who are also in many cases, which means that consumers do blind or vision impaired. Are there any provisions not have a choice and pay more than they should. for subtitling programmes for people who are Perhaps the points I have made relate more to hard of hearing? I am also concerned that sub- content and the availability of services than to scription charges should not be used a back door technical quality. Many people do not have for companies to introduce charges. enough money to pay for television channels which are not free-to-air. Ms C. Murphy: The broadcast media plays a major part in all our lives. Hardly a day goes by Mr. F. McGrath: I welcome the opportunity to without every household in Ireland turning on the speak on the Broadcasting (Amendment) Bill television or the radio. This Bill clearly represents 2006. I will speak about the broadcasting sector a milestone in the delivery of broadcast services. in general and take a deeper look at the role of There is no point in having very good technical the media in Ireland. We need to accept that the quality if it is not matched by good content. It is media has changed over the last five or six years. clear that vision is needed in that regard. I regret Before I consider the legislation, which relates to the limited timeframe for the debate on this the broadcast media, I will speak about the direc- important issue. This is a missed opportunity. tion the print media has taken over recent years. People often fail to participate in the planning As elected Members of the Oireachtas, we should process, for example, until its consequences challenge the dumbing down by some sections of become evident as the bulldozers roll in. The the print media of their coverage of Irish politics, same thing will happen in this instance. which has been a sad development. Like many The Government’s failure to provide enough people outside the House, most Deputies are time for this debate will mean that many people afraid to point out, in case they are punished for will not know until it is too late that they could such comments, that many Irish newspapers are lose services they are currently enjoying. There owned by a few wealthy people with a political will be great resentment among such people if the agenda. The freedom and fairness of our press is proposed changes creep up on them. The number diminished when owners interfere in the editorial of people who lose services is equivalent to the control of the newspapers, as they sometimes do. combined population of counties Meath and We need to examine the cultural bias and Longford. If the Government tried to withdraw values of certain newspapers and media organis- other services from those counties, there would ations. It is fair to ask whether they are acting in be a national outcry. That will happen if a decent the public interest. As I understand it, top-class debate on this issue does not take place. journalism is able to inform, educate and enter- We need to ensure that quality free-to-air tain. Two of those three core goals — to inform services are offered to consumers, who should be and to educate — seem to have gone out the win- central to this debate. When the Ryder Cup was dow, as most branches of the media seem to be not designated as a free-to-air event, it was avail- interested in entertainment and nothing else. At able only to those who could afford to pay for it. a time when the personal lives of politicians and 423 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 424

[Mr. F. McGrath.] tribution to our economy. We need to be vigilant pop stars are treated as being more important in that regard. The broadcasting sector can be than serious political issues, some serious ques- used, as part of a top-class public service, to tions need to be asked. It is important to chal- tackle issues like racism and the exploitation of lenge media organisations about their lack of workers. It is important that broadcasters are investigative journalism. I urge media pro- conscious of such requirements. fessionals to reverse that trend. I understand that no financial implications to Although I am critical of RTE from time to the Exchequer are foreseen as a result of the Bill. time, I generally consider it to be a top-class The amendments to RTE’s remit will mean that organisation which fulfils its public broadcasting it will engage in various activities, including the remit. I wish to complain about RTE’s bias in one provision of services to Irish communities abroad, respect. I refer to the way RTE represents Inde- which is very important. When we discuss the Bill pendent Deputies in this House, who are likely to it is important to transmit the right message, achieve between 8% and 15% of the vote in which is that professional workers in this sector many constituencies. They do not feature promin- should act in the interests of taxpayers and citi- ently on television as regularly as the members of zens. We should highlight examples of good prac- parties which get between 1% and 3% of the tice in areas like investigative journalism and vote. The journalists who work for our national quality public broadcasting. We need to express broadcasting service need to explain what is going our strong support for broadcasting that deals on. Is their approach democratic and in the with the Irish language, culture and sport, which public interest? are important. I commend all those who are I was appalled in recent days when a journalist, directly involved in broadcasting. I ask them, in Mr. Mick McCaffrey, was arrested in connection the interests of politics and democracy in this with the leak of a report on the case of the late country, not to dumb down their coverage of Mr. Dean Lyons. The Minister, Deputy Irish politics. McDowell, and certain officials within the Department of Justice, Equality and Law Reform Minister for Communications, Marine and showed their brass necks this morning when they Natural Resources (Mr. N. Dempsey): I thank took the high moral ground and said they had Deputies for their contributions on the Bill. The nothing to do with Mr. McCaffrey’s arrest. We two issues covered by the Bill are of particular know they were directly involved in the Frank interest to Deputies, who will agree that it is vital Connolly case. I raise these fundamental ques- to ensure that Irish citizens can continue to access tions as part of the broader debate on the media. a quality, free-to-air broadcasting service. In part- The Broadcasting (Amendment) Bill 2006 icular, we need to uphold the right of Irish people seeks to establish a more flexible and market- living abroad to access Irish public service responsive model for licensing digital terrestrial broadcasting. television in Ireland. It will allow progress to be made towards the switch-off of analogue services. I am disappointed at a number of the com- One of the Government’s core broadcasting ments made across the Floor about the delay in policy objectives is to ensure that the Irish public the major Broadcasting Bill. This is not of my continues to have access to a range of quality pro- making and I suggest the Members might look gramming, which is a central part of the Bill, on closer to their own committee, whose work on a universal and free-to-air basis. Many of us ques- this Bill I acknowledge, but it was supposed to tion the direction in which certain sections of the have finished with the Bill by 16 December 2006 media are going. when it should have been returned to me. If I had I welcome the proposal to extend RTE’s remit received it at that time there would not have been to allow it to use public funding to provide a any undue delay. Unfortunately I have not broadcasting service to Irish emigrant communi- received the report yet—— ties abroad. I also welcome this positive develop- ment, which is necessary in light of the mass emi- Mr. Durkan: That was last year. gration from this country that took place over many years. Acting Chairman: The Minister without inter- ruption, please. Mr. Durkan: That is right. Mr. N. Dempsey: If Members opposite want Mr. F. McGrath: The success of our economy the Bill passed I suggest they try to accelerate the means the opposite is now the case. We have a process in the select committee. duty to ensure, through the broadcasting sector, In response to Deputy Durkan, I do not know that Irish emigrants abroad who want to retain a of any Member on this side of the House who has connection with their home country are able to at any stage referred to RTE as “one of ours”, know exactly what is going on here. We also have meaning one of Fianna Fa´il’s. Most of what I a responsibility to respect the immigrants who have heard from Fianna Fa´il would be the have come to our country to make a massive con- opposite to that. 425 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 426

Mr. Durkan: I advise the Minister not to go Mr. Durkan: He is trying to inform the there. Minister.

Mr. N. Dempsey: I accept that perhaps Deputy Mr. N. Dempsey: I refer to a number of serious Durkan may not know this but if he cares to points raised by Deputies during the debate. I will check it out he will find that RTE has had more leave the political points aside. visits from the Fine Gael press office and head- Deputy Durkan raised the issue of the pro- quarters than from Fianna Fa´il, in an attempt to vision in the Bill to allocate multiplexes on a intimidate it into changing the balance. regional basis for the purpose of radio broadcast- ing. This will be done by ComReg in consultation Mr. Durkan: I was right the first time. It is with the BCI. They may award the multiplex “One of ours”. licence for radio specifying particular regions. It is important that this provision is in the Bill. Mr. N. Dempsey: As the Deputy says, “Do not Many questions were asked about the value of go there”. the trial being undertaken and the reasons for it. The t purpose of the trial is to assess DTT set- Mr. Durkan: I thought it was illegal to put out top boxes in an Irish environment. Deputy a broadcast without a Minister being on board. Eamon Ryan also raised this matter. Lessons were learned from the pilot scheme, in particular Mr. N. Dempsey: A Chathaoirligh, I under- at the time of the Ryder Cup and more recently, stood there was a protocol in this House that which showed that it may interfere with other when a Minister is speaking his microphone stays receptions. The purpose of a pilot scheme is to on and not that of the heckler. aim for perfection as much as possible. We want to ensure set-top boxes which will Mr. Durkan: My microphone was not on. operate in an Irish environment. The technology for DTT is known but it must be tuned and fine- Mr. N. Dempsey: It was on. tuned to Irish circumstances and the Irish envir- onment and this is what we are doing. Mr. Durkan: It just sounds as if it was on. Mr. Durkan: It is an Irish solution to an Irish problem. Mr. N. Dempsey: The Deputy is loud enough without the microphone. Mr. N. Dempsey: Deputies asked how soon DTT will be available once this Bill is passed. Acting Chairman: The Minister without Once the Bill is passed RTE is immediately man- interruption. dated to broadcast public service channels in DTT. There are currently no proposals with Mr. Durkan: The Minister and the Govern- regard to ending free-to-air Irish broadcasts. I ment have a persecution complex. have indicated clearly to Deputy Broughan who has asked me the question six times but he has Mr. N. Dempsey: I fear for poor Deputy not heard the answer. I informed him it will not Broughan every time I come into the House to be any later than 2012 and will probably be a answer questions or to address a Bill. He gets good bit earlier than that. The trial will take two himself into a lather of sweat about a whole range years and it will finish in August 2008. The of issues during the course of his contribution. If Broadcasting Commission of Ireland, BCI, is he bothered his head and informed himself, he required to initiate a competition to allocate the would realise there is no need to be getting multiplexes within six months of enactment of excited about them. this legislation. I acknowledge that Deputies on all sides have Mr. Durkan: He will be back in the Chamber indicated they will facilitate the passage of the soon. Bill as quickly as possible and I thank them. Within six months of the date of its enactment Mr. N. Dempsey: The Government is dealing into law, the competition for the multiplexes will with many of the issues raised by Deputy be in place and this will enable us to move ahead Broughan. He believes that ignorance is bliss. If very rapidly. The trial also allows for commercial he informed himself about what was happening operators to assess the market case for full DTT he would not have to get himself worked up into roll-out which is essential to ensure the success of righteous indignation every time he stands up in DTT in the future. We are trying to move this the House to have a go at the Government and forward as efficiently and as fast as possible. so on. He should calm himself down a little and Deputy Durkan asked about the technical inform himself. If there are criticisms to be made details and he questioned whether we are legislat- then let him criticise but he should not make a ing now for something that will be out of date fool of himself in the House by talking about and whether there is a danger it will not be able things that are being dealt with. to deal with changes in broadcasting and tech- 427 Broadcasting (Amendment) Bill 22 February 2007. 2006: Second Stage 428

[Mr. N. Dempsey.] less enthusiasm for this in the past than we all nology. The Deputy is correct that broadcasting feel there should have been, that it will be and telecommunications are changing rapidly. delayed unduly. From my contacts with RTE, I The Bill does not specify any type of technology do not detect the same reluctance that might have because that is the responsibility of the people in existed previously. RTE and other places who are the experts. They decide on the most suitable equipment. The trials Mr. Broughan: RTE states it will fund this by will help to inform them but there is no specific borrowing. Is the Minister happy with that? technological standards cited, be that in the radio area of DRM or DAB. The Bill will not specify Mr. N. Dempsey: Is the Deputy referring to any particular technology standards; we will leave DTT? RTE is a commercial company and is it as open as possible. entitled to do that. The Deputy asked how much the roll-out will Mr. Broughan: Is the Minister setting out any cost. I am reluctant to give any kind of estimates particular criteria for the manufacturers and until people who know the business well get down retailers? to the final stages of preparing estimates and so on. RTE calculated a broad figure a couple of Mr. N. Dempsey: No. We are not setting out years ago, when it felt it would cost in the region anything. The trial will allow people to know of \160 million. what is the most suitable technology and it will be up to them to use the most suitable technology. Mr. Durkan: Then or now?

Mr. Broughan: If a person buys a DAB radio Mr. N. Dempsey: At that stage. in Dixons, what happens? Mr. Broughan: It could be \500 million. Mr. N. Dempsey: What does the Deputy mean? Mr. N. Dempsey: I do not know. Mr. Broughan: What happens when it is switched on and there is nothing on it? Mr. Durkan: It could be like the tribunals.

Mr. N. Dempsey: One would be very foolish to Mr. N. Dempsey: This explains my reluctance buy it until one was sure there would be some- to mention these matters. People tend to take thing on it to listen to. guesses as firm commitments by the Government and then wrap them around its neck later on. Mr. Durkan: Will all technology be tested for user-friendliness and durability? Mr. Durkan: That is unfair. It is a low blow.

Mr. N. Dempsey: We will not be doing the test- Mr. N. Dempsey: Deputy Broughan’s raised ing as it is not the responsibility of Government. the question of the elderly and those on social Those who want to use multiplexes are the people welfare, and referred to the United Kingdom—— who will decide about the technology. We are insisting that whatever multiplexes are used that Mr. Broughan: I referred to Italy also. one set-top box should be suitable and this will be licensed through the BCI. This is the only area Mr. N. Dempsey: The United Kingdom made where the Government will be involved in the provision for groups such as the elderly with technology. It is up to the companies involved in regard to analogue switch-off. We are considering the multiplexes to have the best possible equip- the arrangements that were made in the UK and ment. This is a commercial operation and it will these will inform our view and policy in regard to have to be commercially operated. analogue switch-off when we come to that point. A Deputy opposite suggested we should be Mr. Broughan: Multiplexes can have differing spending money on information campaigns at this systems and standards. stage. That would be very premature. What we need is to ensure we know when the system will Mr. N. Dempsey: Yes. Deputy Stagg made a become operational. When the pilot scheme is number of points with regard to broadcasting to completed to our satisfaction, we can then start the Irish communities abroad. All of us would the information campaign. agree in general with Deputy Stagg on the The loss of UK spillover services is an issue. importance of the matter. The proposal before us The UK intends to begin analogue switch-off in with regard to permitting RTE to provide a 2008. Many Irish householders have benefited in broadcasting service to Irish communities abroad the past from free-to-air UK analogue television begins the implementation, as Deputy Stagg said, services. While they benefited from this, it should of a key recommendation of the report on the be remembered that this overspill was a positive task force on policy regarding emigrants. Deputy but accidental benefit which occurred as a side Stagg was concerned, perhaps because there was effect of analogue transmission. 429 Priority 22 February 2007. Questions 430

Mr. Broughan: Will the Minister talk to Ta´naiste and Minister for Justice, Equality and Gordon Brown in this regard? Law Reform (Mr. McDowell): The report referred to by the Deputy is The Burden of Mr. N. Dempsey: Following the regional radio Crime in the EU — a Comparative Analysis of conference in 2006, spectrum usage will now be the European Crime and Safety Survey (EU ICS) bound by international agreements and DTT 2005. The survey was carried in the 15 old spillover will be less likely, so we cannot rely on member states of the European Union plus it as a method of providing television services to Poland, Hungary and Estonia. Irish households into the future. With the advent The findings of that survey need to be of the national DTT roll-out, it is likely that UK approached with caution. The sample size in the television services will be offered on the DTT survey of approximately 2,000 is extremely small platforms. In addition, households will continue for a victimisation survey. Some of the incident to have a choice between satellite, cable or types covered have a low incidence, which means MMDS offerings. any estimates are potentially subject to relatively Deputies Eamon Ryan and Crowe raised the high sampling error. The response rate of just possibility of agreements North and South and over 41.8% is low, much lower than the CSO east and west in regard to stations on a platform. quarterly national household survey — crime and I understand this is a matter RTE will pursue and victimisation module. Furthermore, there are it is certainly a matter the Government would major differences in coverage, sample sizes and support into the future. methods between the two surveys. The CSO sur- Deputy Crowe raised the question of whether vey was based on face-to-face interviews with this is an all-island Bill and whether it applied 37,000 respondents in 29,500 households and the North and South. He did not see anything in the response rate was approximately 90%. The EU- Bill that indicated we were talking in those terms. ICS survey was a telephone survey — landline However, under the Good Friday Agreement, we only — of 2,000 individuals using random digit are committed to providing RTE and TG4 dialling, with a response rate of less than 42%. services on an all-island basis, which is covered. While the impact of such a low response rate is We already have a transmitter outside Belfast not entirely known, it could be that those who for TG4. declined to participate did so on the basis that I thank the Deputies for their contribution to they had nothing to report, that is, that they were the debate. I look forward to moving quickly to not victims of crime. If this were the case, the Committee Stage and to dealing with and finalis- victimisation rates would be over-estimated. ing the Bill. The findings in regard to Irish rates for some personal crimes shown in the survey are surpris- Question put and agreed to. ing. Assaults and threats are measured at 4.9%, whereas the CSO reported this at 1.2% in its 2003 Broadcasting (Amendment) Bill 2006 [Seanad]: survey. Similarly, personal theft is measured at Referral to Select Committee. 7.3%, compared to a CSO figure of 3.1%. Theft Minister for Communications, Marine and from a car is estimated at 5.2%, compared to a Natural Resources (Mr. N. Dempsey): I move: CSO figure of 3.5%. The report is not based on actual crime figures That the Bill be referred to the Select Com- and differs quite considerably from surveys con- mittee on Communications, Marine and ducted by the CSO. It may be instructive to Natural Resources in accordance with Standing examine trends in reported actual crime, which is Order 120(1) and paragraph 1(a)(i) of the a matter of objective fact, over the period since Orders of Reference of that committee. 2003.Λ Using CSO census data and inter-census estimates of population, the crime rate per 1,000 Question put and agreed to. of the population dropped from 26 in 2003 to 24.5 in 2006, with the figures for 2004 and 2005 being Ceisteanna — Questions. 24.5 and 24.8 respectively. The crime rate per 1,000 of the population in 2006 was, therefore, the lowest in the period of office of this Government. Priority Questions. By way of comparison, the crime rate per 1,000 of the population in 1996 was 27.8. The House ———— will be aware that, at my initiative, recorded crime figures are now produced by the Central Crime Levels. Statistics Office. 1. Mr. J. O’Keeffe asked the Ta´naiste and In July 2003, the Government approved my Minister for Justice, Equality and Law Reform proposal that a regular national crime victimis- his views on the fact that a recent crime survey ation survey be carried out biennially as a valu- concluded Ireland has the highest rate of crime able and useful complement to the information of the 18 countries surveyed; and if he will make on crime already available. Such surveys would a statement on the matter. [6941/07] provide a more comprehensive perspective on 431 Priority 22 February 2007. Questions 432

[Mr. McDowell.] have an effect, rather than just leave wishful plans crime victimisation than is currently available for the next Government? and, when undertaken on a regular basis, would provide useful information on emerging trends in Mr. McDowell: It is not reasonable for me to crime and so provide input into developing stra- reject the CSOs figures in this regard. Those fig- tegies to combat crime. ures were produced on the basis of 37,000 respon- dents in face-to-face interviews in 29,500 Additional information not given on the floor of households. the House It is expected that the CSO will publish the Mr. Howlin: The comparators are the issue. results of its crime and victimisation survey in April on the same basis as the 1998 and 2003 sur- Mr. McDowell: I cannot see that I can reject veys. From 2008, the CSO will conduct a large the CSO’s method of approach as the House scale crime and victimisation survey every two relies on its figures. years. None of what I have said should be seen as in Mr. Howlin: The issue is the comparator with anyway diminishing the concern which the other countries. Government has about crime levels. It is because of that concern that we are providing unpre- Mr. McDowell: I do not believe I should reject cedented resources to all the elements of the them. The Deputy asked whether anything good criminal justice system, including bringing the was happening or was planned. For the past three strength of the Garda Sı´ocha´na up to 15,000. quarters, the crime rate has reduced. I went to This, in turn, is being underpinned by a compre- the Phoenix Park yesterday to discuss crime hensive programme of criminal law reform. trends with the Commissioner and his two deputies and was told they are of the view that Mr. J. O’Keeffe: Does the Minister not accept the trend is downward in this quarter also. this is a damning independent, objective assess- ment of the state of crime in this country? Does Mr. J. O’Keeffe: The Minister is grasping at the Minister blush, or is he capable of doing so, straws. His legacy is one of complete failure. when he sees a headline in a national newspaper, Unless he comes out of denial it will continue to The Sunday Times, which states “Ireland has be a failure until he leaves office. worst crime rates in EU”? Does he agree the sur- vey confirms the very high risk of crime in Ireland Child Protection. — the highest in the EU? With regard to the rates 2. Mr. Howlin asked the Ta´naiste and Minister of crime, does he not worry when he sees we have for Justice, Equality and Law Reform the investi- the highest level of assaults — fourth in the EU, gation that has been held into the circumstances with 2.5% as opposed to 1% average — the high- in which the Garda Sı´ocha´na failed to act on est level of sexual assaults, the highest rate of rob- information supplied through Interpol from the beries and so on? Austrian authorities regarding the alleged The Minister raised the issue of methodology, involvement of people based here in a global but the methodology was the same for other child pornography ring; the outcome of such an countries as for us. Is he not worried about this investigation; if the information supplied has outcome? It confirms only what people know been followed up; if he expects this will lead to already. prosecutions; and if he will make a statement on There is an even more disturbing aspect, the matter. [6943/07] namely, that the survey confirms that significant numbers of crimes are not reported thereby con- Mr. McDowell: I am informed by the Garda firming a hidden wedge of crime exists. At this authorities that on 22 August 2006 the Interpol late stage in his career as Minister for Justice, office at Garda headquarters received infor- Equality and Law Reform, will the Minister come mation from the Austrian authorities that they out of denial and accept we have a horrendous were processing reports of child pornography on level of crime? There is no hope of salvation for the Internet and that Ireland was one of 72 coun- the Minister or no way of dealing with the prob- tries included in the notification by the Austrian lem unless he accepts its enormous extent. Will authorities. he acknowledge now the serious state of the No action was taken at the time by the Garda problem? authorities on foot of the notification and they The Minister has three months left of his 60 have expressed regret for this. I share that regret. months in office. Will he even acknowledge the I understand the Garda authorities have been in homicide rate last year was the highest in the his- contact with the Austrian authorities on the tory of the State? Will his legacy leave any matter and have taken further action, but it measure that will leave an impact? Does he would be inappropriate for me to disclose the nat- accept there is a problem and is there anything ure of this further investigation and it would be he can do now in his last few months that will counter productive to do so. 433 Priority 22 February 2007. Questions 434

A Garda chief superintendent has been assaults unit and by members attached to the appointed to carry out a fact finding investigation Garda bureau of fraud investigation using up-to- into the full circumstances of the failure to react date forensic software. to the Interpol communication and the sub- I assure the Deputy that significant resources sequent Garda statement to the effect that such are available to the Garda Sı´ocha´na to deal with a document had not been received. That investi- these crimes. Such crimes do not occur at a con- gation will look at measures to ensure the very stant volume and therefore it is necessary to bring high volume of information received from inter- in computer experts on occasion to carry out national sources is handled more effectively. I do work as it would not be reasonable to have a not propose to make any further comment before computer expert sitting waiting for work. completion of the ongoing Garda investigation, which will be completed as quickly as possible. Mr. Howlin: I have every confidence in the way I have been assured by the Garda Sı´ocha´na of the sexual assault unit deals with these issues. its determination to avoid a recurrence of this However, the unit cannot deal with an issue if it incident and to pursue relentlessly evidence of has not received the information. I want assur- involvement in child pornography. For my part, I ance from the Minister that any warning that may will continue to pursue measures, particularly in arrive from now on, from Interpol or any other terms of international co-operation, to combat this evil trade. police authority anywhere in the world, that iden- tifies serious criminal activity such as potential Mr. Howlin: Does the Minister accept that paedophilia, will be immediately notified to the people are scandalised that such an issue and a appropriate unit, in this case the sexual assault crime of such magnitude could be notified to the unit. What steps has the Minister taken since this Irish authorities and be ignored for months on serious error happened to ensure it could not end? Is he not scandalised by that? How many happen again? individuals work in the Garda international liai- I know there is a review going on and, no son unit? Is there a system in place to highlight doubt, we will hear the details of that when the the most serious offences, particularly those com- chief superintendent finishes his inquiry. mitted in our jurisdiction, from routine notifi- However, can we be assured as of now that if such cations coming in great volume to the office? an alert arrived, it would not be mishandled, mis- What links exist between the Garda international treated or misread today. What steps has the liaison unit and the sexual assault and child pro- Minister taken to ensure this is a reality? tection unit? Is there automatic notification to that unit of international paedophile activity in Mr. McDowell: After this came into the public this jurisdiction? domain, I spoke to the Commissioner and deputy Is the Minister satisfied that as of now, not commissioner about operations. They assured me pending the report of some chief superintendent they had taken steps immediately to ensure that however long that may take, notification of this in future circular material of this kind would be sort coming into the country from either Interpol more carefully examined, that any reference to or any foreign police force will be immediately Ireland would be immediately acted upon, that notified to the appropriate division of the Garda inquiries would be made with regard to the send- and immediately acted upon? ing case to ensure gardaı´ were in possession of the maximum amount of information available Mr. McDowell: I share the Deputy’s view that and that incoming information would be shared there is substantial public concern on the matter. among the garda units appropriate to deal with it. The situation is that the document in question I am quite satisfied the Commissioner is fully was misinterpreted by the recipient as a general committed to ensuring this error is not repeated. circular, the implication of which was not under- stood. The document was treated as a general cir- For that reason, in addition to implementing a cular rather than a warning to the Irish system more rigorous examination of this kind of that certain activity was taking place here. That material and an immediate action plan on foot of was a serious error and I accept that. this kind of intelligence, he has sought a more full A considerable volume of Garda resources is and reflective inquiry as to what went wrong on devoted to the matter of paedophile activity and the occasion. the like. The paedophile investigation unit has been in existence since November 2002 and Mr. Howlin: When does the Minister envisage operates under the umbrella of the Garda viol- the report will be available? ence and sexual assault unit. Members of the Garda Sı´ocha´na attached to the National Bureau Mr. McDowell: He has not indicated, but I pre- of Investigation augment those units when the sume it cannot take long as it is not a complex volume of work requires. Computer forensics in matter. connection with these cases are carried out by members attached to the domestic and sexual Mr. Howlin: That is what I thought. 435 Priority 22 February 2007. Questions 436

Criminal Assets Bureau. they can interact with each other. Second, on the 3. Mr. Gregory asked the Ta´naiste and Minister question of the anonymity of CAB personnel, if for Justice, Equality and Law Reform if the they were put in regional communities they expansion and localisation of the activities of the would become much more easily identified, which Criminal Assets Bureau to target the assets of is also a worry for the Commissioner. Third, he persons or gangs involved in drug crime in the has recruited, at the suggestion of my Depart- communities hardest hit by drugs would be a sig- ment, lay accountants who are centrally based nificant measure to curtail the growth of drug and he has now received authority from my gangs and drug crime; his plans to re-organise Department to recruit forensic analysts for the CAB to take on drug crime at local level; and if bureau. The idea, which he outlined and I accept, he will make a statement on the matter. is that the CAB works better on a centralised [6993/07] basis where its quality is kept at a high level. There is a danger that if there were a local Mr. McDowell: The Criminal Assets Bureau scandal or if standards declined in one part of the has been at the forefront of the fight against country, the standards and integrity of whole of organised crime including drug trafficking in this the Criminal Assets Bureau could be impugned. jurisdiction since its inception in 1996. In that 11 The director of the bureau is keen to ensure that year period the manner in which the bureau no scandal attaches to the activity of the bureau operates has come to be viewed, both and no accusation of impropriety or low stan- domestically and internationally, as a successful dards ever applies, and therefore he wants to model for targeting persons seeking to derive keep a firm grip on it to ensure adherence to profits from criminal activities. high standards. In recent days I took the occasion to discuss the Deputy’s proposal with the Garda Com- Mr. Gregory: The Minister will be aware that I missioner at some length. He strongly advised me raised this issue with him in the past here in the that there would not be an advantage Da´il and my question was to him, not to the 5 o’clock to a structural reorganisation of the Garda Commissioner, with all due respect to the work of the Criminal Assets Bureau Commissioner. Will the Minister accept that along a regional model, and he set out his reasons when people like myself were in this House call- to me at some length. ing for the establishment of an agency such as the On the Deputy’s proposal for an expansion and Criminal Assets Bureau, it was the Garda auth- restructuring of the CAB on a more local level orities, the Revenue Commissioners’ investi- focused on persons involved in drug crime, let me gation branch and the investigation branch of the first respond by acknowledging the positive results being achieved by the current modus then Department of Social Welfare who stated operandi of the bureau. Since its inception in 1996 that it was not a good idea and that they wanted up to 31 December 2005, which is the end date to stay in their own territories, keep structures as covered by the most recently produced CAB they were and tackle it? The death of Veronica report, the bureau has obtained interim and final Guerin was the lever the Government used to restraint orders to the value of over \58 million establish the bureau despite the resistance of the and \25 million, respectively. In the same period, very people who are now resisting the practical taxes and interest demanded was almost \87 mil- measure I suggest. lion, with almost \89 million collected. Regarding I again ask the Minister, if targeting the assets social welfare payments, savings amount to of drug crime is the way forward, does he agree almost \2 million and recovery of overpayments it would be a good idea to target those assets at amounted to over \1 million. local level. With the Leas-Ceann Comhairle’s The assignment of specialist staff to the Crimi- permission, I will give a brief example of what I nal Assets Bureau from An Garda Sı´ocha´na, the mean. This is one of many. A young couple was Revenue Commissioners and the Department of raided in a private apartment where drugs were Social and Family Affairs, enables a multi-dis- found and they were charged. One of them will ciplinary, co-ordinated and integrated approach take the rap. Currently, the partner, who is on to the identification, freezing and seizure of crimi- social welfare, who has a rent allowance and who nal proceeds, the assessment and collection of drives a blacked-out jeep, has just returned from unpaid taxes, and the recovery of social welfare a skiing holiday, and has had expensive cosmetic overpayments. In addition, due to the unique nat- surgery — there are a range of other matters I do ure of its work, the safety, protection and anon- not have time to mention here. At the lower to ymity of the CAB staff is provided for by middle level in the drugs trade nothing is being legislation. done about any of those matters, for instance, On the possibility of dividing the CAB up claiming social welfare while being clearly caught regionally or such like, the Commissioner’s argu- in possession of a large amount of drugs and hav- ments are briefly as follows. First, to have the rel- ing assets available to them which they clearly evant degree of professionalism and expertise, it could not have on a social welfare income. That is better to keep people at a central level so that is the scenario that fuels the drug crime gangs 437 Priority 22 February 2007. Questions 438 whose members are killing one another every session. That is a matter which I will raise with couple of weeks in this city. That is the way the the Commissioner. gangs build up. I am not suggesting to the Deputy that all is The Criminal Assets Bureau, according to the perfect, nor am I stating that the CAB is perfect. debates in this House and elsewhere, was set up Perhaps I did not fully understand the Deputy’s to target people like that, whether through their point. I believed he was suggesting the CAB be social welfare payments, their jeeps, their expens- regionalised but he is proposing to have on-the- ive holidays, etc. The bureau is not doing that at ground asset hounds whose job it would be to local level. I am not interested in whether the sweep up assets. That is a useful suggestion. In bureau is centralised or localised. I am interested each Garda division there is now a criminal assets in operatives targeting assets of people involved profiler whose job it is to examine assets in his or in drugs at local level. It is not happening. her division and bring information thereon to the I presume the \58 million the Minister men- attention of the CAB generally. The CAB has tioned in his response, which figure pales into local eyes and ears on the ground and is not insignificance in the context of the \1 billion working entirely within a bubble in Dublin. I industry of which we speak, is for the proceeds of would like that to be understood. all crime, not just drug crime, since the CAB was The Deputy is making a different point which set up. Why, if the bureau is so good at dealing I understand; it concerns the prioritisation of with organised drug crime, has it expanded criminals with the Jeeps, holidays and plasma throughout the country since its establishment? televisions. Just because criminals are operating The Minister cannot have it both ways. It is as below a certain threshold does not mean action plain as day that since 1996 drug crime and drug should not be taken against them. Depriving gangs have expanded and flourished throughout people of their assets will actually turn the tide in Dublin’s inner city, from the inner city to the sub- the war against drugs. I take the Deputy’s point urbs, and to other cities around the country, and in this regard. have led to the current scenario where it is so lucrative that human life itself is valueless and Mr. Gregory: The simple way to achieve that is people are shot dead for the most trivial of to localise or regionalise the CAB. A centralised reasons. bureaucracy inevitably deals with high profile In the context of all of that, and particularly in cases and tackles the criminal with the ten big the context of my first point on which I will con- houses. It never comes to grips with those at the clude, when we all — including Veronica Guerin middle level. I do not mind what approach is who was murdered for it — were calling for an taken once the job is done but the most practical agency to target the assets of the drug gangs, all approach is to localise and regionalise the central- the people who the Minister now quotes as a ised bureaucracy that the bureau has become. reason for him not to take this further step were the same ones who resisted that measure at the Mr. McDowell: I take the Deputy’s point. time. As the buck stops with the Minister, I ask him to give a little more consideration to the Mr. J. O’Keeffe: We will consider it when in points I made. I would suggest some practical government. measure like the one I put forward would be far more productive than infringements on the right Garda Training. to silence and the endless other legislative inno- 4. Mr. J. O’Keeffe asked the Ta´naiste and vations and initiatives the Minister is taking. Minister for Justice, Equality and Law Reform if Something practical on the ground, such as going it is possible for members of the Garda Sı´ocha´na after the assets of these people, is also essential if to use PSNI indoor firing ranges for training pur- we are to get to grips with the problem. poses; his proposals to provide current, dedicated, indoor firearms training facilities for members of Mr. McDowell: I have a good deal of sympathy the Garda Sı´ocha´na who hold firearms certifi- with the point Deputy Gregory made. From cates; and if he will make a statement on the recent accounts given to me of places to which matter. [6802/07] the Garda has gone where crime have been com- mitted or where people have fled following Mr. McDowell: The Garda Sı´ocha´na has a crimes, I have been surprised by the accumulation range of facilities available to it for firearms train- of physical possessions such as flat-screen tele- ing and plans are well under way for the provision visions in various bedrooms where there does not of dedicated and improved facilities for the force. seem to be a support base for it. I take Deputy Currently the Garda makes use of military Gregory’s point that in such cases there should ranges; the Garda specialist training units have be a follow-up. Those involved should not simply access to 12 of these ranges countrywide. In note these matters and leave the house. Some- addition, the Garda Sı´ocha´na last year procured body should return to take what appear to be three virtual firearms automated training systems proceeds of crime, directly or indirectly, into pos- for marksmanship training. I spoke to a number 439 Priority 22 February 2007. Questions 440

[Mr. McDowell.] training with actual firearms is required and that of detectives recently who rated these virtual it is not being provided? ranges very highly. They regard them as being of I have pressed this issue on many occasions and superior quality. These facilities are now in use in know there will be long delays in replacing the Limerick, Mullingar and at the Garda indoor fir- facilities in the Phoenix Park and commissioning ing range in the Phoenix Park, Dublin. I under- new ones at the Garda Training College. Are stand from the Garda authorities that the facili- there regulatory or logistical problems associated ties represent a major improvement and with the use of the PSNI ranges? Could we contribution to the training capacity of the force. change the regulations and put in place a system, The Garda Sı´ocha´na has detailed plans to whereby members of the Garda could receive provide an enhanced range of firearms and tacti- training in dedicated indoor firing ranges, as cal training facilities, including dedicated indoor opposed to training with what seem to be firearms training facilities, for the force. The advanced computer games? These may be helpful existing indoor firearms range at Garda head- but certainly do not compensate in any way for quarters in Dublin is to be replaced by a new the lack of training with real guns. underground facility. It is planned that this will be undertaken as part of the provision of new for- Mr. McDowell: A number of gardaı´ have given ensic science laboratory facilities, which project is me a first-hand account of the simulated ranges under way. Firearms training capabilities, in and they all spoke very highly of them. addition to a broad range of other tactical train- ing facilities, are to be developed at recently pur- Mr. Howlin: Did the Minister see them? chased lands near the Garda Training College at Mr. J. O’Keeffe: I am sure they enjoy it. Templemore. The new centre which extends over 250 acres will, in conjunction with offering indoor Mr. McDowell: It is not child’s play or a com- and outdoor firearms training, provide for a full puter game. The gardaı´ say the training is far range of outdoor tactical training initiatives. more effective than pointing one’s rifle—— These will cover public order, detective school training, the mountain bike, equestrian, dog and Mr. J. O’Keeffe: We are talking about hand water units, surveillance training, etc. The centre guns. will also be used for driver training for various vehicle types, including off-road training, and a Mr. McDowell: ——or pistol at static targets. broad range of other requirements. The Office of The Deputy should acquaint himself with these Public Works is examining proposals to use facili- facilities. ties provided by the private sector to serve fire- arms training needs for the Dublin metropolitan Mr. Howlin: Has the Minister seen them? region and eastern seaboard area. On the Deputy’s question on the use of PSNI Mr. McDowell: I have had first-hand accounts indoor firing ranges, the Garda authorities inform from a number of gardaı´. me that, due to regulations relating to the carry- ing of firearms and ammunition to other juris- Mr. Howlin: He has not seen them. dictions and the logistics of having a high number of personnel travelling to Northern Ireland, it is Mr. J. O’Keeffe: He has not. not practical for the Garda Sı´ocha´na to use PSNI Mr. McDowell: I have not but I do not have to facilities for training purposes. However, the cur- see every facility myself. The Deputy is obviously rent investment plans for enhanced firearms a doubting Thomas. facilities will be fully sufficient to meet the oper- ational requirements of the force within this Mr. J. O’Keeffe: I am very much so where the jurisdiction. Minister is concerned.

Mr. J. O’Keeffe: The Minister will be aware of Mr. McDowell: When gardaı´ tell me they are my continuing concern over the fact that we very happy with this new facility and when those expect approximately 3,000 members of the I know and trust tell me how good it is, I am Garda Sı´ocha´na to bear arms on our behalf and inclined to believe them. I do not deride them, perhaps use them occasionally without their hav- belittle them or accuse them of playing computer ing any dedicated indoor firing facilities in which games. The facility is nothing of the kind. to train. Is he really suggesting the issue can be dealt with by having virtual firearms automated Mr. J. O’Keeffe: I am not belittling them. training systems, FATS? Are these like computer games or Quasar, at which children play, or Wii Mr. McDowell: Sending gardaı´ to the North for software? Is this what the Minister is offering firearms training would not be practicable. It is members of the force to receive training in the not reasonable to send them on day trips to use of lethal weapons? Does he not accept that Belfast for this purpose. There are outdoor 441 Priority 22 February 2007. Questions 442 ranges in this jurisdiction. The indoor range con- would be wrong of me to give a public account of structed at the Phoenix Park, with which the the precise details of Operation Oak, the exact Deputy’s party was involved when in govern- number arrested under the operation and the pre- ment, turned out to be dangerous. cise position or relationship of those persons in the web connected with Martin Hyland. To do so Mr. Howlin: The Minister should get over that, would seriously undermine the effectiveness of as he is ten years in office. the operation and compromise Garda intelli- gence. Suffice it to say that well in excess of 23 Mr. J. O’Keeffe: The Minister told me that persons were arrested in the course of this years ago. It was bound to have ricocheted two operation. years ago. I have made it clear previously that in making this point I am in no way impugning the indepen- Mr. McDowell: Although it is a comparatively dence or decisions of the courts. I have accepted, modern facility, I am now in a position to build a however, that changes need to be made to the dedicated indoor range in the park. operation of our bail laws. I announced a series of proposals in this regard last week. I do not Mr. J. O’Keeffe: More grand plans. believe any Member of this House would seriously contend that difficulties are not being Mr. McDowell: They are not grand plans. I just encountered in the operation of our bail laws. have to do things, while the Deputy just makes a The proposals which I will be bringing forward mess of them; that is the problem. in the criminal justice Bill include measures Mr. J. O’Keeffe: The Minister is drawing big designed to restrict access to bail by those plans. accused of gangland type offences. A senior Garda will be able to give his or her opinion, Mr. McDowell: If I were the Deputy, I would which shall be admitted in evidence, that the stick to broadcasting. applicant for bail is likely to commit a serious offence if given bail. The applicant may be Garda Operations. required to provide a statement in which he or she outlines the assets held inside and outside the 5. Mr. Howlin asked the Ta´naiste and Minister State, his or her income and the source of that for Justice, Equality and Law Reform the cases income, his or her previous criminal record, his he was referring to in regard to statements he or her previous bail applications and, if bail had made in which he referred to 24 associates of a been granted, the conditions that attached deceased criminal having been arrested, of whom thereto. He or she can be cross examined on the 23 were granted bail despite objections by the statement, which will be sworn on affidavit, and Garda; if he will confirm that the Garda objected it will be an offence to give wrong or misleading to bail in all cases; if not, the number of cases in information. Appeals on bail applications in the which it objected to bail; the offences with which District Court will in future be heard in the Cir- people were charged in each case; the number of cuit Court, thereby allowing appeals by way of a such cases where bail was initially refused but full rehearing of the case. Provision will be made then granted by a higher court; and if he will for electronic monitoring of persons granted bail. make a statement on the matter. [6944/07] The new provisions are likely to result in the prosecution being able to mount a strong chal- Mr. McDowell: I refer to my answer to Ques- lenge to bail applications, with the result that tions Nos. 422, 464 and 465 of 31 January. there will be fewer applications or, where appli- The House will appreciate that the granting of cations are made, they can be opposed more bail is a matter for the courts and that the Direc- effectively. I hope these measures will be sup- tor of Public Prosecutions who is independent in ported by all sides of the House. I intend to dis- the performance of his functions represents the cuss these measures in detail with the Director of State for the purpose of dealing with such Public Prosecutions so that any deficiencies that applications. exist with regard to the preparation of cases against the granting of bail can be fully addressed. Mr. Howlin: We can take that as read. Mr. Howlin: It is well and good that the Mini- Mr. McDowell: Moreover, it would not be ster has rehearsed the reply he gave on Question appropriate for me to comment on the circum- No. 465 of 31 January, in which he stated, “It stances in which bail may have been granted, or would not be appropriate for me to comment on refused, in particular cases. I can confirm, the circumstances in which bail may have been however, that I was made aware by the Garda granted or, indeed, refused in particular cases.” authorities of their concern that in a substantial However, on 14 December 2006, he stated: number of cases involving operations they had launched against gun and drugs criminals, bail Regarding Operation Oak, 24 associates of had been granted despite Garda objections. It Mr. Martin Hyland have been arrested and 23 443 Other 22 February 2007. Questions 444

[Mr. Howlin.] Mr. Howlin: I am happy to acknowledge I said have been granted bail. I have stated on a that because it is the truth. I am asking the Mini- number of occasions that I regard this as very ster to substantiate whether the Garda objected deeply unsatisfactory and have been criticised to bail and to indicate whether we need to change for doing so because it has been seen as dispar- the law or the practices of the Garda. We have a aging of the Judiciary ... It is not acceptable duty to ensure that people who face serious that 23 out of 24 serious drug criminals are at charges and are recognised members of ruthless liberty after being granted bail ... gardaı´ testify drugs gangs do not walk the streets. This is not a in the cases and oppose bail, yet they con- matter of idle semantics between two sides of the stantly find people who have been charged with House but a question of ensuring that we do our serious offences are granted bail. I strongly collective duty by protecting the public from contend that the practice is wrong and must drug pushers. be addressed. Mr. Durkan: Hear, hear. The Minister cannot have it both ways. He often opposes the leaking of information while leaking it himself. He cannot say it is wrong for him to Other Questions. comment on individual cases only to do so when it suits him. He told the House that the associates ———— of Mr. Hyland, all of whom were identifiable, had been arrested, yet he cannot provide specific Prison Literacy Rates. information when I asked him whether the Garda 6. Mr. Gormley asked the Ta´naiste and Mini- objected to bail in the cases to which he referred ster for Justice, Equality and Law Reform the on 14 December 2006. Was he making it up? information his Department holds on the rates of The Minister repeatedly says he is not dispar- literacy amongst the prison population here; and aging judges but that is not how the media and if he will make a statement on the matter. the public view the matter. In one example of [6862/07] many, The Irish Times of 16 December 2006 reported that the Minister “publicly rebuked Mr. McDowell: The Irish Prison Service report, judges over the high rates of bail being granted The Prison Adult Literacy Survey: Results and in the face of Garda opposition”. He went on a Implications, which was published in September crusade by citing particular evidence but now says 2003, is the most recent information available to he cannot give the evidence to substantiate his my Department. The major results of the survey claims. indicated that a significant number of prisoners I agree that bail laws must be updated and, if have virtually no literacy skills and 52% were at judges are not implementing the law, we have the level one or pre-level one literacy levels. In other responsibility in this House to bring changes. words, more than twice as many prisoners are at However, while I welcome the promise to bring the lowest level as compared with the popu- such changes, if we are going to be consistent and lation generally. fair to every branch of this country’s public Literacy work continues to be a priority administration, the Minister must substantiate the element of the prison education curriculum and charges he makes. every effort is made to publicise literacy classes and encourage as many prisoners as possible to Mr. McDowell: It is interesting that Deputy avail of them. A number of significant initiatives Howlin is so selective in quoting the Da´il record commenced or were strengthened since 2003 in because, if he turned back a few pages, he would parallel to efforts to address adult literacy in the note that he raised the matter for the first time in community. These include the fuller use of nego- this House. He asked: tiated learning plans for all literacy students; the introduction of and support for the new FETAC Does the Minister accept that his current level one and two courses; the introduction of the policy has not worked and that the first step to National Adult Literacy Agency’s assessment a successful policy lies in recognising his failure framework, mapping the learning journey, in to date? He stated yesterday and today that 24 each education centre; devising and delivering the members of Mr. Martin Hyland’s gang are 30-hour initial tutor training course devised by before the courts. the National Adult Literacy Agency and Water- ford Institute of Technology for teachers new to Mr. Howlin: I am not denying what I said. prison education; and developing and imple- menting a national literacy plan for prison Mr. McDowell: The Deputy should not get so education. excited. He continued: “Does [the Minister] An adult basic education development worker accept that 23 are out on bail and walking the is employed by the prison education service with streets and what does he propose to do about specific responsibility for implementing and sup- this?” porting developments and initiatives in the area 445 Private Notice 22 February 2007. Questions 446 of literacy, numeracy, English for speakers of cation throughout the Prison Service that I have other languages and basic education. The need noticed in my visits to the prison system. Now for such developments was highlighted in the that this dispute has been resolved, a major con- 2002 guidelines of quality literacy work in prisons centration on, and re-orientation towards, edu- produced by the prison education literacy work- cation is under way. ing group and the findings and recommendations As I noted, 37 out of the 210 whole-time equiv- of the 2003 prison adult literacy survey. alents engaged in teaching in the Prison Service have been assigned specifically to literacy work. Mr. Cuffe: The level of illiteracy in our prisons is unacceptable. If prisoners cannot read or write, Private Notice Questions. what chance do they have of rehabilitation? The prison adult literacy survey recommended that ———— we should give top priority to prisoners with the weakest literacy skills by introducing a standard- Waste Management. ised initial screening procedure for literacy as An Leas-Cheann Comhairle: I will call on the part of the assessment framework currently being Deputies who tabled questions to the Minister for developed with the National Adult Literacy the Environment, Heritage and Local Govern- Agency, alongside peer tutor training prog- ment regarding the proposed incinerator at Pool- rammes and innovative information and beg in the order in which they submitted their communications technology programmes to questions to my office. attract those who are most disaffected. The report also recommended that the link between internal Mr. Quinn asked the asked the Minister for the prison provision and the education services avail- Environment, Heritage and Local Government able to prisoners after release should be strength- whether he has been informed by Dublin City ened. Has the Minister delivered on these recom- Council that the company that has been awarded mendations? the contract to build a waste to energy incinerator The connect programme to improve the future plant at Poolbeg, Dublin, has informed Dublin job prospects of prisoners in Mountjoy Prison and City Council or his Department that it will not its training unit has suffered from a severe lack proceed unless new financial terms are agreed; of funding and many other programmes have also and if he will make a statement on the matter. been curtailed. The Inspector of Prisons has voiced grave concerns about St. Patrick’s Insti- Mr. Gormley asked the asked the Minister for tution, describing it as a warehouse for young the Environment, Heritage and Local Govern- people who learn the finer points of criminality, ment the Government’s position on incineration which almost certainly guarantees their pro- and, in particular, the proposed incinerator for gression into the university of Mountjoy. the Poolbeg peninsula; the status of the procure- What is the Minister doing to provide basic lit- ment process; if, in his view, Dublin City Council eracy skills and educational programmes? Last can proceed with the incinerator, which up until night, I noted that some of the classrooms in now has been supported by the Government; and Castlereagh Prison were converted into accom- if he will make a statement on the matter. modation for Garda programmes. I believe in reforming the Irish penal system by putting Minister for the Environment, Heritage and rehabilitation at its heart. What is the Minister’s Local Government (Mr. Roche): I propose to view? take both questions together. I thank the Deputies for raising this issue. The Mr. McDowell: I fully agree with the Deputy waste to energy plant concerned is being pro- that rehabilitation must be at the heart of the cured as a public private partnership, PPP, by prison process. At present, 210 whole-time Dublin City Council acting on behalf of the four teacher equivalents work in the Prison Service, of Dublin local authorities in the context of the whom 37 have been assigned specifically to liter- regional waste management plan for which the acy duties. Consequently, resources are being relevant local authorities have statutory devoted to this area. responsibility. The Deputy referred to the curtailment of edu- As Members are aware, this project is the sub- cation services that obtained during the emer- ject of applications by Dublin City Council for gency arrangements that were necessary to con- planning permission and a waste licence. These front the overtime issue before the initiation of are matters for An Bord Pleana´la and the the reform process in the prison system. Now that Environmental Protection Agency, respectively, annualised hours have been agreed and the which are statutorily independent in the exercise system is working on an even keel, the position of their regulatory functions. has improved significantly from the period Given the intention to use a public private part- covered by the reports of the Inspector of nership to deliver the project, my Department Prisons. There is a far better emphasis on edu- was required, in line with public policy, to be 447 Private Notice 22 February 2007. Questions 448

[Mr. Roche.] that the project was going ahead? Given the com- satisfied that the procurement process was prop- ments of the Minister and Mr. Twomey, may I erly conducted in accordance with national and take it that, notwithstanding the collapse of this EU requirements and this was done. Signing off particular contract, Dublin City Council, while on the public private partnership constitutes the acting at the behest of the Government, is com- extent of the Department of the Environment, mitted to providing an incinerator on the Pool- Heritage and Local Government’s involvement in beg site? this regard. On 19 February 2007, Dublin City Council Mr. Roche: I will respond to the Deputy’s ques- informed my Department that, following a tions which encapsulate the core issues in this change in ownership, the selected service pro- regard. As Deputy Quinn is aware, the PPP pro- vider for the project has been seeking significant cess is highly specific, detailed and case-specific changes in the financial and commercial terms on an individual basis. Once a PPP process has originally agreed. As these changes would not been entered into, there is very little latitude, comply with the terms of the original procure- which is proper and appropriate. The Depart- ment under the strict conditions required by the ment’s role is to ensure that PPP compliance is in PPP process, it is not open to the council to place and after the submission, as the Deputy is accept the changes and the procurement should be terminated and a new procurement process again aware, the National Development Finance commenced. Agency provides the necessary financial certifi- My Department understands that the council is cation. In the circumstances that present them- informing the service provider of its position at a selves to Dublin City Council, unless something meeting tomorrow morning. Dublin City Council dramatic was to happen overnight, the project will continue to have responsibility for taking the and Elsam, or rather the Danish oil consortium project through the planning and waste licensing which has effectively taken it over, will be out of processes already under way. the picture. Once a project is certified as being It remains the Government’s policy to support in compliance with the PPP, all the arrangements local authorities in implementing the inter- pertaining to that project must be continued. nationally accepted approach to waste manage- Otherwise it constitutes a different set of ment. This embodies a waste hierarchy in which situations. waste prevention, reuse and recycling are the As for whether the planning process will be primary objectives and thermal treatment with aborted, that does not necessarily follow. As the energy recovery is preferred to landfill for the Deputy is aware, the planning process pertains to management of residual waste. The siting of any a project rather than to its financial elements. individual installation is not a matter in which the Similarly, the Environmental Protection Agency Government plays a role. As Members are aware, processes are quite separate from the PPP that is a matter for the local authorities promot- process. ing a particular project. Site selection is very As for informing a fellow Minister, I find it much a matter for the sponsoring authority and astonishing that I should withhold information is not a matter which is either cleared with, or from anyone. Had Deputies Quinn and Gormley promoted by, the Government. or any other Member asked me what was the position, I would have provided them with the Mr. Quinn: I wish to ask the Minister a number up-to-date information. of questions. May I take it that Dublin City Council, as the sponsoring local authority on Mr. Gormley: How were Members to know? behalf of the four local authorities, will be required to terminate the existing contract with Mr. Roche: I have always been forthcoming to Elsam and that, consequently, the comprehensive Deputy Gormley and other Members. I believe planning process in train will be aborted and we in being open and that would have been a reason- will be obliged to start all over again? Do any implications for financial confidentiality arise able process. from the fact that the Minister informed the Ta´naiste and Minister for Justice, Equality and Mr. Quinn: Does the Minister honestly expect Law Reform of this matter? He in turn Members to believe the Ta´naiste had so much announced the collapse of the project. Does the time on his hands in the past three days that he Minister consider that he acted responsibly in this decided to give the Minister for the Environment, regard and would courtesy not have required him Heritage and Local Government, Deputy Roche, to inform all the public representatives? a call to ascertain what was happening in respect Can he explain why, as recently as approxi- of the incinerator? mately 4 p.m. yesterday, Mr. Matt Twomey, the assistant city manager with responsibility for the Mr. Durkan: That is what happened, more or management of this project, informed the media less. 449 Private Notice 22 February 2007. Questions 450

Mr. Roche: Coincidence or not, as it happens I Mr. Roche: In this particular—— was talking to the Ta´naiste on an entirely unre- lated project. Mr. Quinn: The risk is with the applicant — Elsam, not Dublin City Council. Mr. Quinn: While I believe the Minister, mil- lions would not. Mr. Roche: The Deputy and I know that An Bord Pleana´la and the EPA will not look into Mr. Roche: That is somewhat unfair. Deputy that aspect of the project. Quinn knows me sufficiently well to know that Regarding what Mr. Matt Twomey stated yes- had we been engaged in conversation together, I terday, as I stated, he was carefully reflecting the would have shared any information I had with precise position because until such time as the him. I do not believe that would be improper and meeting takes place tomorrow at which the com- that it would be bizarre not to so do. pany which succeeded Elsam is finally told the As for Mr. Twomey’s comments yesterday, the position, it is still theoretically in the deal. The city council will hold its final meeting tomorrow company has stated it is not able to meet the morning with Elsam, or its successor company, terms of the PPP and the reality is that it will be DONG — a most inappropriately named com- out of the PPP tomorrow morning. pany — which appears to have a different focus. The process will not be completed until that Mr. Gormley: The point I made is that I want meeting is held. However, I would be less than clarity. If the company seeks arrangements which frank with Members were I to suggest that I are not to the satisfaction of Dublin City Council, believed something will change between now and can the planning process and licensing process go tomorrow morning. The reality is that Elsam, the ahead? That is the question. financial partner, and its successor, Danish Oil and Natural Gas, DONG, have sought significant Mr. Quinn: I wish to add a supplementary changes. As they are not in line, it would not be question in the interests of efficiency. Is it correct appropriate for those changes to be agreed. to state the application was made by Elsam, not Therefore, I see the financial package put for- Dublin City Council? Under the PPP process, ward. Where does that leave us? It is open to Elsam takes the risk of the conditions which Dublin City Council to seek another partner. might be imposed by An Bord Pleana´la and the EPA. Tomorrow, if it emerges the new owner of Mr. Gormley: Let us get this very clear; clarity Elsam has decided not to proceed with the con- is absolutely necessary because we are dealing tract, what will be the point of proceeding with with local people who have legitimate fears about the planning process which will cost taxpayers this project. Is the Minister stating the oral hear- and individuals a lot of time and money? Surely ing which is part of the planning process and the it is aborted and we must go back to the drawing EPA licence process can go ahead? Is it the case board on whatever facility might be located that the council can seek other partners sub- somewhere in the Dublin region. sequently? Can planning permission and a licence be given and new contractual arrangements Mr. Durkan: Will the Minister confirm the entered into subsequently? The impression given workability of public private partnership yesterday by the Minister for Justice, Equality schemes? Is it true they have become extremely and Law Reform was that the incinerator project intricate from the point of view of private partici- was not going ahead. From what the Minister for pation? Has this intricacy impacted in any way the Environment, Heritage and Local Govern- on this enterprise and proposal? With the points ment stated today, that was a misleading raised by Deputies Quinn and Gormley, I wish to impression. The statement by Mr. Matt Twomey ask the Minister as a matter of curiosity in what that it was still on track was far more accurate. context did he convey to his colleague in govern- Will the Minister tell us whether the planning ment the perceived outcome of the project at the process and EPA licence process are going time and what was his reaction? Was he disap- ahead? pointed? Was the Minister disappointed? Did they slap each other on the back and say it was Mr. Roche: I presume the Deputy knows the wonderful? planning and EPA processes which are entirely I do not ask the Minister to divulge Cabinet stand-alone and independent are in no way secrets. Other colleagues would have been related to the financial side of any arrangement. equally interested in the outcome. I ask for my own reasons. I detected a certain reluctance to Mr. Quinn: Yes, they are. answer questions on a different matter to which I drew the House’s attention this morning. Mr. Roche: No, they are not. In this particular—— Mr. Eoin Ryan: I wish to return to the point made by Deputy Gormley because it is important Mr. Quinn: Under the PPP, they are. to have clarity. It is a major project which raised 451 Private Notice 22 February 2007. Questions 452

[Mr. Eoin Ryan.] inform the successor to Elsam that it cannot make serious concerns in the local area. A huge number those changes. of people object to it. Many of us questioned To return to the question asked by Deputy placing the incinerator in the locality because of Durkan, Members of Cabinet speak to each other all the traffic it would bring to the area. It is all the time. It would be rather bizarre if, when important there is absolute clarity within the next members of the Cabinet are speaking to each 24 hours and that the Minister, the local auth- other, they do not converse on matters of top- ority, public representatives, the general public icality. I find the question strange. and residents understand exactly what is hap- pening and where they stand. If Elsam pulls out, Mr. Durkan: I do not find it strange it all. considering the local authority spent so much time and effort on the project, does the Minister Mr. Roche: I do not know what the Deputy is know whether it can be compensated for all the referring to from this morning but it was not in money spent on the project to date? this context, as far as I know. Mr. Durkan: It might be. Mr. Gormley: To make it easy, what I want to know is this. Can the planning and EPA licence Mr. Roche: It would be very strange if Cabinet processes be continued if Elsam pulls out? members did not speak to each other on issues of mutual interest. As the conversation was on the Mr. Roche: I will take the points in sequence. telephone I was not slapping the Ta´naiste’s back, Regarding the planning process, Deputy Quinn nor was he mine. asked an important question. I understand Dublin City Council is the planning applicant and Mr. Durkan: It is just as well the Minister did promoter of the project. It chose the site. As not try it on the telephone. Deputies know, the Department does not have a role in that issue. I was careful throughout the Mr. Quinn: It is clearly a case of a single- debate not to make a comment on the site. party Government. Neither did I make a comment germane to the planning process because, as the House under- Mr. Durkan: Yes. stands, as Minister, I cannot become involved. It would be wrong for the Minister of the day to Mr. Gormley: I thank the Minister for his reply. involve himself or herself in commentary on an I will be going back to constituents, as will ongoing planning process. I do not wish to mis- Deputy Quinn and others. The Minister can cor- lead the House in any way. I understand that rect if I am wrong but can we now state clearly unless Dublin City Council withdraws the plan- to them that the planning process and the licence ning and EPA applications, they will proceed and application can go ahead as is? Are there com- can proceed. They are not in any way tied to the mercial arrangements that may be changed as a financial arrangements. result of tomorrow’s meeting? Can they now look Regarding the question raised by Deputies for new commercial arrangements or even a new Gormley and Eoin Ryan, to be absolutely clear, partner? Is that the case? The Minister can Dublin City Council reached its arrangements answer by indicating “Yes” or “No.” with Elsam after the PPP process. Once the pro- Mr. Roche: There are three separate questions ject was certified to be in compliance with the and “Yes” is not the answer to all three. It is not PPP process and having received the necessary possible to answer all of them either in the affirm- clearance, the city council went to An Bord ative or the negative. The planning and EPA pro- Pleana´la and the EPA for a license. The council cesses are independent processes which have still has the prerogative to pursue both matters. started and can proceed. The questions were fairly put and I want to be fair and clear in my answers. Mr. Gormley: They can proceed. In parallel, Elsam and the council had dis- cussions on the financial side. As we now know, Mr. Roche: I will not speculate on whether the Danish Oil and Natural Gas, DONG, took over agency which promoted them will withdraw. Elsam. It is a completely new corporate entity With regard to the second question, I have and does not share the same core focus as Elsam. made clear the point about the public private If it wanted to progress with the project, it would partnership process. Deputy Quinn would under- require significant changes. Those changes are stand my point but Deputy Gormley does not not possible under the PPP process. That is what have that experience. I do not state this in a Dublin City Council will notify to the company. patronising way. The PPP process is very exact- In the circumstances that will arise from tomor- ing, and properly so. If any significant change is row’s meeting, the council will have little option made in the process, the promoter body of the but to judge that, acting on the advice of the process — Dublin City Council in this case — has client’s representative for the PPP, it will have to no option but to indicate to its partner that the 453 Private Notice 22 February 2007. Questions 454 issue cannot be agreed. In those circumstances, pany, which has now gone off the pitch, and pro- Dublin City Council may seek another partner. ceed to offer this for tender by anybody to Deputy Durkan asked another question unre- operate the plant on that basis. lated to my slapping the Ta´naiste on the back. We may need time to reflect on this and I do not necessarily expect the Minister to have all the Mr. Durkan: I asked about the intricacies of information. If that is the case we could end up the public private partnership. with nobody tendering to run somebody else’s child. We could end up with An Bord Pleana´la Mr. Roche: Yes, it was a fair question. Such a and the EPA, among many others, wasting much partnership is very intricate because the process, time proof-reading something that will never fly by its nature, requires that a decision be made because there will never be a new pilot to fly it. under a specific set of circumstances. It is there- Can the Minister find out what the case is? It fore appropriate to be pedantic in terms of the will be clarified if tomorrow’s outcome is as the fulfilment of all the detailed requirements of the Minister anticipates. I know he cannot comment PPP. on that. The point being made by the Deputy was If it comes to the point of Elsam walking away, whether there is much flexibility in the PPP, as then it is back to the drawing board. We should there is in other types of contracts. It would be not waste more money. An Bord Pleana´la per- fair to state there is not. The PPP process is a very sonnel are up to their tonsils trying to deal with exacting process which must go through various major infrastructure and it would be the height of clearances. An agreement is made between the irresponsibility to allow this project to proceed in partner — the public body promoting the project the knowledge that it would never fly. — and the other institutions or developing bodies involved. It is a necessarily complex process that Mr. Eoin Ryan: Would the Minister agree that does not allow for any large degree of flexibility he would be better able to answer these questions once the process has commenced. It is fair to say in 24 hours than now? Clearly a meeting tomor- that is the case. row will clarify many of the points we are trying to raise tonight. Mr. Quinn: The Minister can correct me if I am wrong but my understanding is that the original Mr. Durkan: As a relative outsider having tender invitation was for a design, build and some passing interest in such matters, my operate PPP process. I take the Minister’s word immediate reaction, having listened to the Mini- that the formal applicant was Dublin City ster’s replies to various questions, is that I would Council, but the specification and design of the not be as conclusive on what is likely to happen. plant was the responsibility of Elsam because Did the Minister convey to his ministerial col- Dublin City Council does not have that capa- league some other information that we do not bility. I am trying to think this through. know about which would have led him to a con- clusion? Did the Minister and the Ta´naiste come Mr. Roche: I see the point being made by the to a conclusion between themselves? We have a Deputy. facility in my constituency.

Mr. Quinn: If the process goes ahead to a spec- Mr. Eoin Ryan: This is political points scoring. ific design and build specification, whatever about the commercial operation, is the Minister indicat- Mr. Durkan: It is a very good point. ing that Dublin City Council will have a specifi- cally designed plant parented by a company that Mr. Eoin Ryan: It is not. has now basically abandoned it? Will Dublin City Council have the responsibility of offering this Mr. Durkan: It is, and the Deputy might be out for auction or tender to a yet to be deter- interested in it as well. I remind the House that I mined operator which would be asked to come in have a passing interest in a similar case, as my to run a plant which it had no part in designing constituency provides facilities of a similar nature or specifying? Does the Minister seriously believe for the greater Dublin area. Landfills are causing the market will respond to this? some problems currently. One of the first of my points was that the plan- ning process surely had to be aborted if the syn- Mr. Quinn: The Deputy’s constituency will ergies implicit in a public private partnership have to take much more. were lost. This is where bodies are invited to tender for a design, build and operation process, Mr. Durkan: I assure the Minister we will not with people having control over the design and be taking very much more. We have had our the ability to see the economies of its operation. quota. If I understand the Minister correctly, he is saying that Mr. Matt Twomey can get planning per- Mr. Gormley: I have a specific question. The mission for a plant designed by a certain com- Minister stated today that the public private part- 455 Post Office 22 February 2007. Network 456

[Mr. Gormley.] plan for the resolution of these issues; (2) Deputy nership process is very exacting and case specific. Pat Breen — that the Minister would intervene Is it also site specific? in the current negotiations between the Dublin Airport Authority and Shannon Airport workers Mr. Roche: I do not want to speculate on what to effect a resolution following the latest failure will happen tomorrow. Deputy Quinn has put the to reach agreement and that, as part of that pro- points very fairly to me but it really would be no cess, the Minister would commit to a date for more than speculation, which would be unhelpful, implementing the economic and tourism develop- and I wish to deal with facts. ment plan for the airport and region as part of I agree with Deputy Durkan that there is a that process, (3) Deputy Burton — the provision problem, or even a crisis, with waste in this coun- of more language resource teachers for schools in try. Although we have acted phenomenally through recycling and reduction etc., Dublin west and other areas for large numbers of 6 o’clock we still have millions of tonnes in international pupils with limited or no English residual waste. If it is not to be dealt and if the Minister is aware of the considerable with by thermal treatment, it will go to landfill, difficulties this is causing for all pupils and the worst of all options. I agree with the Deputy teachers in such schools and for teachers contrary on that. to repeated promises and undertakings made by Deputy Gormley asked whether the issue was the Minister and her officials to address this site specific, but in this case the planning and urgent problem; (4) Deputy Catherine Murphy — EPA application was site specific. the size of apartments being offered under the affordable housing scheme in some parts of the Mr. Gormley: I was asking whether the PPP country and the need for the Minister for the was site specific. Environment, Heritage and Local Government to insist that local authorities get a better housing Mr. Roche: I am not being flippant, but mix together with anticipating the issues that will whether the PPP is site specific is not the issue. arise with large numbers living long term in apart- ment complexes; (5) Deputy Ferris — the unem- Mr. Gormley: It is. I am asking the question. ployment situation in Tralee; and (6) Deputy Gormley — the need for the Minister for the Mr. Roche: The PPP is site specific because this Environment, Heritage and Local Government to case is mentioned. clarify the position of the Government in respect of the incinerator in Ringsend in light of state- Mr. Gormley: Yes. ments issued yesterday by both the Minister and Mr. Roche: However, the issue is not whether the Minister for Justice, Equality and Law the PPP is site specific, but whether the planning Reform, which claimed that the project was not is site specific and who will comprise the finan- going ahead. cial elements. The matters raised by the Deputies Broughan, Burton and Catherine Murphy have been selec- Mr. Gormley: The Minister signed the PPP. ted for discussion.

Mr. Roche: On that point, Deputy Gormley Adjournment Debate. and his party are used to throwing out remarks that become the truth if they are not denied. The ———— Deputy knows as well as every Deputy that the Minister of the Department responsible for the Post Office Network. agency proposing the PPP merely ensures that the PPP falls within the criteria. If the Deputy Mr. Broughan: Late last week, RTE reported wants to be truthful with his constituents, he will the alarming news that up to 500 post offices not mislead them on that fact. could be closed by An Post after a review of the network to be completed this year. If so, we could Mr. Gormley: Site specific. be left with a network of fewer than 800 post offices throughout the country and whole com- Written Answers follow Adjournment Debate. munities may be forced to travel for miles to access essential postal services. Adjournment Debate Matters. The postal network has been decimated in the Acting Chairman (Mr. Ardagh): Iwishto lifetime of the Fianna Fa´il-Progressive Democrats advise the House of the following matters in Government. In 2000, approximately 1,800 postal respect of which notice has been given under units were in the network, yet this figure has Standing Order 21 and the name of the Member dropped to just 1,300. At one stage last year, one in each case: (1) Deputy Broughan — the status post office was being shut down every ten days. of the Minister’s initiative for An Post and the Is the Minister responsible in attendance? 457 Post Office 22 February 2007. Network 458

Mr. Roche: I am dealing with this matter. As a Postmasters and postmistresses are facing a former post office man, this is a matter in which serious security crisis. We hear of the Minister for I take considerable interest. Justice, Equality and Law Reform, Deputy McDowell, every few hours, but his information Mr. Durkan: The right man in the right place. may not be accurate.

Mr. Broughan: I am delighted to hear that. One Mr. Durkan: Sporadic. of the most appalling legacies of the Fianna Fa´il- Progressive Democrats Government when it Mr. Broughan: In 2006, he told me that there finally leaves office will be the closure of more were three tiger robberies and six attempted tiger than 1,000 post offices across Ireland. robberies, whereas Mr. Kane and the postmasters Approximately two weeks ago, the Irish Farm- told me that there were 40 serious attacks on post ers’ Journal reported that while we have a rela- offices last year, including the appalling murder tively high ratio of post offices to people in the of the young Kilkenny postmaster, Alan EU, we have the greatest relative magnitude of Cunniffe, last December. closures at an astonishingly high 21%. Last November, I met a delegation from the Irish Mr. Durkan: Hear, hear. Postmasters Union led by its general secretary, Mr. John Kane, and I receive frequent correspon- Mr. Broughan: Often, these tiger raids target dence from a range of postmasters and post- post office keyholders. mistresses around the country who are deeply As the Minister knows, a major campaign has frustrated with their low wages, poor working been mounted by the postmasters and post- conditions, the increased attacks on post offices mistresses. On Tuesday afternoon, they were to — the so-called tiger raids — and the non-auto- be outside the Da´il and we were hoping to discuss the issue with them at length, but we heard of a mation of almost 400 post offices. The stunning \ new report of the potential closure of 500 post deal involving a 12 million package being put forward by An Post with the assistance of the offices will cause even greater concern for post- Minister for Communications, Marine and masters and postmistresses, whose representative Natural Resources, Deputy Noel Dempsey. The body under Mr. Kane has recently described the end result of the package could be the closure of network as being in crisis. 500 postal units. According to the IPU, 400 of its members are Too many communities, including Priorswood earning less than the minimum wage of \17,910 in my constituency or Killiney in south Dublin, per annum. It also reports that another 135 post- have been devastated by the closures of their masters are not even scraping a bare \10,000 per local post offices and the loss of the services and annum, \200 per week. Out of these meagre earn- social interaction provided therein. In rural ings, they are expected to run their post offices Ireland and the west Cork area in particular, a five and a half days per week or six days or seven post office can be the focal point for Government days per week in the midlands and the west, sup- activity for 15 miles or 20 miles. Why has the ply a premises, employ staff and pay any expense Minister for Communications, Marine and that occurs, including soaring utility bills. Natural Resources not published a Green Paper, Last week, RTE news profiled a hard-working White Paper or strategy on the long-term future postmaster in my constituency, Mr. Gerry Keane of the postal network as we move towards of Edenmore post office in Raheny. His net take deregulation in 2009, as Deputy Durkan and I \ was only 500 per week. A postmistress in a rural heard last night, and electronic substitution? A area, Ms Catherine Healy-Byrne, has been to the strategy would provide some hope to the hard- forefront of the Save Lombardstown Post Office working postal service workers. Campaign near Mallow in County Cork. She has repeatedly requested that Lombardstown post Mr. Durkan: Hear, hear. office be automated urgently, which is a refrain we hear week in, week out from postmasters and Minister for the Environment, Heritage and postmistresses. The non-automated sub-post Local Government (Mr. Roche): I thank Deputy offices should be automated if we are to take Broughan. As a former post office clerk, I take a advantage of the Fortis deal and so on. great interest in this matter. I have met the IPU, Postmasters and postmistresses have faced a the Minister and some colleagues from my days drop in business because of the decrease in in the post office and I know that honest efforts Government business through the Department of are being made to address the issue. Social and Family Affairs and NTMA contracts While this is primarily a matter for the manage- and the increase in on-line transactions and direct ment of An Post, the programme for Govern- debit payments. Electronic fund transfer and ment sets out the Government’s commitment to technology can contribute to the isolation of the objective of securing the largest, most econ- more vulnerable members of the community and omically sustainable national post office network force unnecessary bank charges on consumers. possible. The An Post post office network com- 459 Languages 22 February 2007. Programme 460

[Mr. Roche.] made a significant investment in the network as prises the single largest number of retail outlets in part of its security upgrade programme. The the country, consisting of almost 1,000 automated installation of new and upgraded security equip- post offices, 371 non-automated post offices and ment as part of this programme continues. 171 postal agencies. An Post has also established Almost 1,000 post offices are automated, with almost 3,000 post point outlets in retail premises these conducting the vast majority of the net- throughout the country, of which 600 can be used work’s business. A pilot project has recently been for bill payments. Effectively, the 1,000 auto- carried out by An Post, as part of which ten mated offices transact 97.4% of overall post offices were automated and the consequent effect office business. on business monitored. The data gathered as part In the European context, Ireland has one of of this project is currently being analysed. the highest number of post offices per head of If An Post and its network are to prosper and population at 4.2 outlets per 10,000 inhabitants grow, it must adapt to the demands of its compared to the European Union average of 2.7. customers and place delivery of quality services Research commissioned by the IPU in 2006 con- as its primary focus. This will be important in the firmed these figures. In recent years, some net- context of future liberalisation of the mail work restructuring has been undertaken. This market. Coming, as I do, from a post office back- activity is in line with similar trends across ground, I believe there is a massive asset here. I Europe. On a national basis, 80% of the post suggest, and hope, An Post will be vigorous in office network, which is situated in rural areas, identifying new products because this is an extra- serves 40% of the population. ordinary network and the Government is commit- The Government’s commitment to the post ted to maintaining it to the maximum possible office network extends to the postmasters, whose extent. financial security and strong relationship with customers are vital to the continued viability of Languages Programme. the network. It was in recognition of the import- Ms Burton: I understand, following my receipt ance of postmasters and postmistresses in respect of notice to speak in this Adjournment Debate, of the viability of the network and the social fab- that the Minister’s office has phoned various prin- ric of communities that the Minister appointed cipals in Dublin West to say that the cap on Mr. Eamonn Ryan in January of last year to act English language support teachers has been as a facilitator between the IPU and An Post. I lifted, from next week, and extra teaching person- can think of no one better qualified, as he came nel are being supplied to several schools. I wel- up through the post office ranks. His mandate come the announcement, if it is true, and I would included issues such as the examination of the like to see the details even if the addition comes postmasters’ contract. He was also mandated to more than halfway though the school year. assist the union to engage with the company on Dublin West has seen an unprecedented popu- these matters. Recently, he completed a report lation growth over the past five years. The recent on these issues and made a number of recom- census confirmed that it is the fastest growing mendations. area in the country. Consequently, the demand While the Government will support the net- for new schools, school places and specialist work in any way it can, the development and con- resources for children with specific learning sup- tinuing viability of An Post and the network is, port needs is at an all time high. in the first instance, a matter for the board and Parents worry constantly in Dublin 15, whether management of the company. Consequently, the it is Blanchardstown, Castleknock, Mulhuddart, way forward is for An Post to enhance existing Clonee or Tyrellstown about whether their child services, build on existing strengths and develop will get a place in primary school. Once the new product offerings. There is an urgent need coveted primary school place is acquired, another for An Post to diversify its income streams and set of worries arises — large class sizes, tempor- those of the postmasters and postmistresses. ary school buildings, prefabs and wide scale It was with this in mind that in September, the under-resourcing for the specific needs of pupils, Government gave its approval to a joint financial both Irish and newcomer children. venture between An Post and Fortis, a Belgian Three primary schools in Dublin West have bank. This will entail the provision of a range of more than 80% international children in cIass financial services operated through the An Post enrolments. Long-established primary establish- branch network using the An Post brand and ments, some more than 100 years old such as vil- other An Post assets. lage primary schools in Blanchardstown, Clonsilla The security of post offices concerns us all and Castleknock have 40% plus international because decent people are going about their busi- children, particularly at junior infants to first class ness. I do not like the idea of “tiger raids”, as level. There are schools in Dublin West with 42 that phrase makes armed thuggery against decent nationalities attending. The level of English people sound attractive, which was not the among pupils attending these schools is limited Deputy’s intention. I understand that An Post has and in some cases non-existent. We have been 461 Languages 22 February 2007. Programme 462 lucky in Dublin West to have outstanding princi- lem is to allow dissension, misunderstanding and pals and teachers who together with parents, mistrust to grow and fester, unlike the type of boards of management and patrons have done integration most of us hope to see. their best to cope in an extremely challenging situation. Mr. Roche: I apologise for the fact that the Although additional support was promised Minister for Education and Science, Deputy long before Christmas to me by the Secretary Hanafin, is not in a position to be here this General of the Department of Education and evening. I thank Deputy Burton for raising the Science at the Committee of Public Accounts, question. One of the most extraordinary features this week’s announcement will, I hope, ease the of modern Ireland is that we are becoming a pressure. Extra teachers will allow language sup- multicultural society. I was recently in a school in port, provide for language enrichment and team Galway and was stunned by the number of chil- teaching for mixed classes. It will allow classes to dren from right across the world speaking not just be split into smaller groups. The smaller groups in English, but also in Irish. It is amazingly will significantly help Irish children and those enriching. from an English language environment to pro- The approach of the Department of Education ceed at their level of skill. Obviously, it will also and Science to the increasingly diverse culture allow non-national children without English spec- and ethnic nature of the pupil base in our schools ific language coaching. Reduced class numbers is twofold — to promote and facilitate the deliv- with increased language support are the key ery of an intercultural education for all children, requirements for ensuring success in education. It and to provide the specific supports needed by takes more than two years to acquire fluency in children whose first language is not English to English and I hope the Minister will clarify help them to succeed at school. Intercultural edu- whether the two-year year cap on English langu- cation revolves around respecting and celebrating age support is also being lifted. diversity as well as promoting equality and I am particularly anxious that Irish born chil- human rights within and outside the whole school dren who have special needs in respect of teach- community. In May 2005, the Minister, Deputy ing support for factors such as dyslexia and Hanafin, launched intercultural education in the speech therapy requirements are not overlooked. primary school guidelines for schools. This valu- The Minister should publish the figures on the able resource was prepared by the National additional teachers being appointed to each Council for Curriculum and Assessment, NCCA, school and what the class sizes and enrolments to support teachers and schools in developing a are. I have already asked for this but I have been more inclusive learning environment and in pro- told that the Department of Education and viding students with knowledge and skills they Science — the management — will not have the need to participate in a multicultural world. information available for some time. There is a The Department provided \167,000 to ensure crying need for early-start and pre-school edu- that every primary teacher will receive a copy of cation in schools in Dublin West which are this document in either English or in Irish. As experiencing such phenomenal growth and regards the provision of resources to enable chil- expansion. This is needed for Irish and inter- dren with low levels of competence in the English national children. language to succeed at school, language support The Minister has had her head in the sand takes the form of financial assistance, additional about what has been happening in Dublin West temporary teacher posts or portions of teacher and developing areas with the explosion in edu- posts. The level of support provided to any school cational requirements. It is not good enough for is determined by the numbers of non-English this Government to have a policy of encouraging speaking students enrolled. Each school manage- immigrant labour for low wage jobs and then to ment can decide on the structure of the support ignore the additional educational, health and to be provided in its own school. An allocation other requirements that such newcomers and of two years’ language support for each pupil is their children will require — and to shelve the provided by the Department. Schools with 14 or requirements of Irish people in the locality, also. more qualifying pupils get an additional full-time This is not fair to local people and their children. temporary teacher. Those with 28 or more get It is also deeply dishonest towards the new- two teachers. A third post may be allocated fol- comers, most of whom, as Ministers keep telling lowing consideration by the Department’s inspec- us, work for low wages and are making a great torate, in exceptional circumstances. contribution, but without the resource support Primary schools with between three and 13, they need to be able to give their children edu- inclusive, non-English speaking pupils receive cational attainment to integrate successfully. grant assistance of \6,349 while schools with English language is the key to integration for between nine and 13 receive grant assistance of both children and parents. Unfortunately, the just over \9,500. In the current school year grant Government has had its head in the sand as assistance will be provided to approximately 425 regards this important area. To ignore the prob- primary schools with 13 or less non-English 463 Social and 22 February 2007. Affordable Housing 464

[Mr. Roche.] pinned by the right support and training for speaking, non-national pupils. In the case of post- teachers. primary schools which have fewer than 14 non- I thank the Deputy once again for raising this national pupils with significant English language issue but I believe what is happening in our difficulties enrolled, additional teaching hours, schools is nothing short of miraculous. ranging from three per week in respect of one such pupil to 19.5 in respect of 13 pupils, are sanctioned. Social and Affordable Housing. In the current school year, the Government has provided more than 800 language support Ms C. Murphy: I can speak from experience of teachers at primary level and 340 whole-time the social and affordable housing scheme only in equivalent teachers at second level to support County Kildare and I do not know how the mix of affordable housing units is panning out in other such pupils, representing an investment of \46.5 parts of the country. There is great interest in the million. Schools granted full language support affordable housing scheme. Of all the issues teacher posts receive additional financial support about which people contact me, housing is top of to enable the purchase of resource materials suit- the list. able for use within the language support class or People who apply for affordable housing have mainstream classes. All teachers have a role in an expectation that houses and apartments will supporting students to acquire the necessary lang- be on offer, but in County Kildare it seems that uage skills in the context of each subject being almost exclusively apartments are offered. I do taught. The purpose of language support is to no know of any applicants who were offered acquire sufficient skills to enable students engage houses recently. However, I acknowledge that with the curriculum rather than to develop part- affordable units are certainly being offered. icular level of competence in the English langu- The size of some of these units is unacceptably age. Specific language support provision is small. One unit I saw today before I came to the intended to complement other supports provided House is a 620 sq. ft., two bed-roomed apartment. by the Department to schools. One could fit a double bed in one bedroom and Teachers are provided with in-service training sometimes developers squash an en suite into the through Integrate Ireland Language and Training main bedroom, which results in a reduction in the Limited, IILT. It provides training seminars for size of the other rooms in the apartment. In the language support teachers, part-time or whole- second bedroom of this apartment one could just time, together with classroom materials, including about fit a single bed. There is also a combined the European language portfolio, to assist them living and kitchen area. The apartment has very in meeting the English language needs of their little storage space. That unit might be fine for a pupils and students. short period such as a holiday for a few weeks. Between extra language support posts and However, people are buying these units with a 20- grant aid, the level of support provided to schools year clawback, with a 100% clawback for the first to meet the needs of children whose first langu- ten years and a graduated clawback for the fol- age is not English has increased dramatically in lowing ten years. The provision of such units will recent years. Nonetheless the Government is very create difficulties and it would be best to address conscious of the pressures on schools, such as them, if that can be done at this stage. those in Dublin West and across the country, that People who purchase an apartment in addition have large numbers of non-English speaking chil- to paying a mortgage also must pay management dren enrolled. fees as invariably a management company is set In this regard, Towards 2016, the new social up to manage the property. Such fees amount to partnership agreement, provides for an additional almost another month’s mortgage repayment in a 550 teaching posts in primary and post-primary 12-month period, which often pushes people over schools by 2009. The recently launched national the limit in terms of meeting their repayments. development plan commits more than \630 mil- Many people who are offered a unit under the lion to assist in meeting the educational needs of scheme view it as a once off chance; if they sell the increasing numbers of international children. the property, they will not be eligible for further Some 200 posts, provided for under Towards consideration under the scheme. While an apart- 2016, are being put in place in 2007 and the rest ment may well meet the immediate needs of will be provided over the next two years. young people seeking housing, it is unlikely to As the Minister, Deputy Hanafin, announced meet their medium or long-term needs if they end recently, extra posts are currently being allocated up in a relationship and have children. to schools. Priority has been given to schools, According to the recent home price index sur- including those in Dublin West, that have large vey of the PTS, Kildare has the third highest numbers of non-English speaking pupils. A com- number of apartments constructed nationally, prehensive strategy is currently being finalised after Dublin and Cork. A disproportionate which will ensure that the extra investment in this number of apartments are being offered for social area is being used to the best effect and is under- and affordable housing. I have seen housing 465 Social and 22 February 2007. Affordable Housing 466 estates constructed where the only social and A central requirement of the sustainable com- affordable units available are in the apartment munities agenda is the achievement of a better element of those developments. housing mix, both in terms of social mix and the Recently it was announced that Affordable mix of different types of homes to meet the broad Homes Partnership bought some two and three range of housing requirements. Taking the social bedroom apartments and duplexes. We must mix issue first, Part V of the Planning and question the affordability of these housing units Development Act introduced a significant mech- when one considers the prices at which they are anism through which up to 20% of housing pro- offered. These apartments are being offered at vided in most residential developments can be set prices ranging from \263,000 to \287,000. With a aside for social and affordable housing purposes. 97% mortgage on the higher figure, the monthly I was interested in the Deputy’s comment that in repayment is nearly \1,400. In addition the home Kildare the housing provided seems to be dispro- buyer must pay management fees, and mortgage portionately apartments. That is not the experi- protection and life insurance premia, as such poli- ence elsewhere and I will certainly follow that up. cies are mandatory on taking out a mortgage. The implementation of this mechanism is based One would require a take home pay of \47,000 on the housing strategy adopted by each local to qualify for a mortgage on the larger unit. We authority, which must include measures to must compare like with like; the average price address the housing needs of all sectors of the paid for a home by first-time buyers in December population and encourage mixed and balanced 2006 was \279,000. The price offered by the communities in order to counteract undue social Affordable Homes Partnership for units is more segregation. than the average price paid by first-time home Delivery of affordable and social housing owners in December of last year. I question under Part V of the legislation is now coming on whether it will left with some of these units, since stream at an increasing pace. To the end of a clawback provision applies. September 2006, more than 3,500 homes were We may well be swapping one set of problems provided through this mechanism, with important for another. The social housing sector in Kildare benefits in terms of social integration. may be different from other areas, but a dispro- Achieving a better social mix in apartment portionate number of small apartments is on developments is also dependent on achieving an offer. Can the local authority intervene and insist appropriate mix of different types of apartments, on a better housing mix? We need to anticipate so that the full range of housing requirements, the problems which will arise. Some people who including those of families, can be met in the obtained apartments under the Part V provision medium to long term. The Deputy will be aware have transferred from them. that last month I published guidelines on apart- At the very least the clawback provision needs ment design and standards for public consul- to reviewed in the context of apartments, partic- tation. This is an area highlighted in a number ularly very small apartments, to ensure that of cases that went before An Bord Pleana´la. The people have the ability to move on. Many people consultation period closes on 5 March and it is will be discontented; they expect their housing expected that the guidelines will be finalised in needs will be sorted but in two or three years they April. I would very much welcome contributions may present with a range of different problems. to that debate from the Deputy and other Members. However, pending finalisation of the Mr. Roche: I compliment the Deputy on using guidelines, planning authorities are being her time well and straying over a variety of topics, requested to have regard to the recommended all of which are important and could be separate standards for new apartment schemes. topics for debate. The focus of these draft guidelines is on the While set in an affordable housing context, the apartment building itself and on individual units issues raised by the Deputy have a broader con- within it. While there has been a general trend text concerning the creation of sustainable com- towards larger average apartment sizes over the munities, which I know is as much a passion of past decade, these draft guidelines address the the Deputy’s as it is of mine — places where mix of unit types and sizes. They provide recom- people want to live and work now and in the mended minimum standards for floor areas in future to grow and develop their full potential. different types of apartments, for storage spaces, This is at the very heart of the new housing policy for apartment balconies and patios, and for statement, Delivering Homes, Sustaining Com- dimensions in certain rooms. munities, which my colleague the Minister of The draft guidelines are relevant to private State, Deputy Noel Ahern, and I published last housing, but they also impact on affordable hous- week. A broad programme of actions is being ing, given the increasing extent to which the Part implemented to support the realisation of that V mechanism is beginning to deliver. Moreover, sustainable communities vision. In the time avail- these new guidelines will form part of a suite of able, I will outline a number of the key elements guidelines being prepared within a wider housing involved. and planning context. These also include new 467 The 22 February 2007. Adjournment 468

[Mr. Roche.] homes partnership has delivered some extraordi- guidelines on sustainable residential develop- nary quality housing. I encourage Members to ment, incorporating a revision of the 1999 resi- have a look at the housing we brought on stream dential density guidelines; a new best practice very rapidly through the swap of the site on Har- handbook on urban design and housing layouts court Terrace. These are beautiful houses, won- which will illustrate, with examples drawn from derful houses, happy families in very good quality current practice, how the policies set out in the duplexes and apartments such as the Belfry. They planning guidelines might be implemented; and a are a tribute to the builders who built them and revision of the 1999 social housing design to the Affordable Homes Partnership. My guidelines. ambition is to see the quality of social and afford- able housing improved. There is no excuse for I acknowledge the importance of the matter second-rate accommodation in a rich country. I raised by the Deputy. The issues involved are am determined that the quality will be improved. being addressed comprehensively through the policy frameworks and the supporting initiatives The Da´il adjourned at 6.35 p.m. until 10.30 a.m. developed by the Government. The affordable on Friday, 23 February 2007. 469 Questions— 22 February 2007. Written Answers 470

Written Answers.

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

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Questions Nos. 1 to 6, inclusive, answered The most recent figures available to me, up to orally. 11 February, show the massive effect which Oper- ation Anvil has been having since its inception Garda Operations. in May 2005. In the Dublin Metropolitan Region there have been 7,488 arrests for serious crimes, 7. Mr. O’Connor asked the Ta´naiste and Mini- comprising of 69 arrests for murder, 1,916 arrests ster for Justice, Equality and Law Reform the for burglary, 880 arrests for robbery and 879 progress made by Gardaı´ in Dublin under Oper- ation Anvil; and if he will make a statement on arrests for serious assaults. There have also been the matter. [6792/07] 1,793 arrests for theft offences. In addition 27,804 searches have been carried out, comprising 24,177 Ta´naiste and Minister for Justice, Equality and for drugs, 2,168 for thefts and 1,459 for firearms. Law Reform (Mr. McDowell): Operation Anvil Also 631 firearms have been seized and there commenced in the Garda Dublin Metropolitan have been 9,533 seizures under Section 41 of the Region (DMR) on 17 May, 2005. It is an intelli- Road Traffic Act. Over 49,900 checkpoints have gence led policing initiative, the focus of which is been carried out and property to the value of the targeting of active criminals and their associ- \16.2m has been recovered. ates involved in serious crime by preventing and I am sure that all members of the House will disrupting their criminal activity through exten- join me in commending An Garda Sı´ocha´na for sive additional overt patrolling and static check their success in this regard. points by uniform, mobile and foot patrols, sup- While the Deputy’s question refers to Dublin, ported by armed plain clothes patrols. The Oper- I should mention that Operation Anvil was ation remains in place and is ongoing in the extended nationwide during 2006 and consists of DMR. a series of special operations, proposed by each Operation Anvil is central to the strategy of the Regional Assistant Commissioner, which are Garda Sı´ocha´na in combating serious crime and designed to focus on areas where there is a high in particular murder. The Operation has proved incidence of crime. to be very successful in disrupting the criminal The Operation outside the DMR is signifi- activities of a number of key criminal gangs. It cantly different from that in the DMR, in that has resulted in a number of high-profile arrests initiatives have a short time-focus and are and the acquisition of intelligence on the move- ments of criminals. Notable improvements have designed to address the particular needs of spec- been achieved in the recorded number of inci- ific areas. A number of operations have been dents of crime being targeted by the Operation. completed, while further operations are ongoing. In particular, crime statistics for the fourth quar- The methodologies utilised in doing this vary ter of 2006 showed an increase of 34% in detec- from area to area and from time to time, com- tions of possession of firearms which contributed mensurate with the assessed need. For these to the reduction of 3.4% in discharges of firearms. reasons there is no comparable system in place Operation Anvil has also contributed to the for the systematic collation of statistical data in increase in that quarter of detections of offences these Garda Regions. of possession of drugs for sale or supply which is Operation Anvil is, of course, only one element closely associated with many murders using of the unprecedented resources being made avail- firearms. able in the fight against crime. 471 Questions— 22 February 2007. Written Answers 472

[Mr. McDowell.] for Justice, Equality and Law Reform the number I have made it clear to the Garda Com- of members of the Garda Reserve at the latest missioner that Operation Anvil will continue to date for which figures are available; the numbers be funded to the extent and as long as the Com- he expects will be in place by 1 June 2007; when missioner considers that it is necessary to do so the promised full complement of 1,500 will be in and it is fulfilling its objectives. place; and if he will make a statement on the matter. [6828/07] Prison Drug Treatment Service. Ta´naiste and Minister for Justice, Equality and 8. Mr. O’Shea asked the Ta´naiste and Minister Law Reform (Mr. McDowell): The Garda Com- for Justice, Equality and Law Reform the pro- missioner is proceeding with the recruitment and posals he has to have a methadone maintenance training of 1,500 members of the Garda Reserve. programme introduced in Cork Prison; if, in regard to prisoners with addiction who are on a The first group of 36 Garda Reserves completed prescribed sedative before being sent to Cork their training and were formally attested as Prison, he will outline the proposals he has to members of An Garda Sı´ocha´na on 15th ensure that this treatment continues in prison; December 2006. They have been deployed in and if he will make a statement on the matter. Dublin (Store Street and Pearse Street), Cork [6844/07] (Anglesea Street), Galway City and Sligo. The second group commenced training in the Ta´naiste and Minister for Justice, Equality and Garda College at Templemore on 20th January Law Reform (Mr. McDowell): The new Irish 2007. This group consists of 52 Garda Reserve Prison Service Drugs Policy & Strategy — ‘Keep- trainees who will be deployed in Blanchardstown, ing Drugs Out of Prisons’ — will see existing drug Santry, Du´ n Laoghaire, Tallaght, Limerick, treatment programmes, including the provision of Clare, Sligo, Galway and Kerry. It is expected methadone maintenance programmes where that they will be attested in May. clinically indicated, being expanded and Further interviews were held in recent weeks enhanced. This policy envisages a multifaceted for applicants from counties Waterford, Cork, approach towards tackling the problems associ- Kilkenny, Wexford, Tipperary, Carlow, Kildare, ated with substance misuse in the prison envir- Cavan, Monaghan, Louth, Meath and Wicklow. onment. There is particular focus on the need to Applicants from other areas will be interviewed assist prisoners who indicate a serious desire to on a rolling basis over the coming weeks and tackle their drug problem and the policy states months. that appropriate treatment for substance misuse Training for the next group of Reserve trainees related problems should be available regardless is scheduled to commence in early March and it of where a prisoner is located. I have obtained is expected that they would be attested in June. significant extra resources to facilitate this and It is also expected that further groups of Reserve the policy is in the process of being rolled out on trainees will commence training on a monthly a phased basis. basis. While it is intended that any treatment which By June of this year there will be three groups is clinically indicated as being appropriate and of trainees who will have been attested. It is diffi- necessary should be available to prisoners this cult to specify exactly how many Garda Reserve provision will require the coordinated input and members will be included in this group as the co-operation of various agencies, both internal selection of the third group of trainees is still and external. In particular it will require the co- ongoing. As the nature of the scheme is purely operation of relevant community agencies to voluntary, I cannot definitively say what any part- ensure the continuity of such treatment on icular monthly intake of volunteers will be. Garda release. Reserve trainees will have work, family and other I have not been made aware to date, of any commitments which they will have to balance significant demand for the provision of metha- with their service with An Garda Sı´ocha´na. An done maintenance to prisoners entering Cork Garda Sı´ocha´na is offering maximum flexibility Prison. This matter is, however, being kept under in this regard to accommodate those who wish to ongoing review. put themselves forward for service. The prescription of any medication, including While I am satisfied generally with the progress sedative medication, requires careful assessment. being made in the recruitment and training of This is particularly the case given the potential for Reserve members, I consider that the process of abuse associated with many sedative drugs. The a initial recruitment can be made more efficient Department of Health & Children recommends if it is given a local dimension in that context, I caution and limited prescription of such drugs and the IPS would seek to reflect such caution in have asked the Garda Commissioner and he has the health standards promoted within prison. agreed to involve local Garda Superintendents directly in local recruitment arrangements to attract suitable candidates from the local com- Garda Reserve. munity. This will assist in ensuring that the 1,500 9. Mr. Penrose asked the Ta´naiste and Minister target is reached as soon as possible. 473 Questions— 22 February 2007. Written Answers 474

The Commissioner has also recently appointed • six civilian Director level posts, namely a Chief Superintendent to oversee the Garda Legal Affairs, Human Resource Manage- Reserve on a full-time basis. I will of course, in ment, Information and Communications conjunction with the Commissioner, keep all pro- Technology, Strategy, Forensic Support cedures relating to the Garda Reserve under and Communications. More generally, the review to ensure that target figure of 1,500 is Advisory Group urges, reached. • a new post of Assistant Commissioner for professional standards, reporting direct to Garda Reports. the Garda Commissioner. 10. Ms McManus asked the Ta´naiste and Mini- • maximum delegation of operational ster for Justice, Equality and Law Reform if he responsibility to the Assistant Commis- has completed his consideration of the recent sioners in charge of the Regions, with report of An Garda Sı´ocha´na Advisory Groups appropriate support by civilian staff in published on 7 November 2007; if he will areas such as finance, HR and analysis, implement the recommendations of the report; if a timetable has been set for this; and if he will • a realignment of the Garda Sı´ocha´na’s make a statement on the matter. [6831/07] organisational chart to recognise the cen- tral role of these Regional Commissioners 16. Ms Lynch asked the Ta´naiste and Minister and the core policing functions they for Justice, Equality and Law Reform if he has exercise. completed his consideration of the recent report I very much welcome these timely reports as a of the Garda Inspectorate published on 7 very significant contribution to the current November 2007; if he will implement the recom- reform and renewal of An Garda Sı´ocha´na. I mendations of the report; if a timetable has been have brought the reports to the attention of the set for this; and if he will make a statement on Government and at its meeting on 19 December, the matter. [6830/07] 2006 the Government, as part of a number of measures it took to strengthen the capacity of An Ta´naiste and Minister for Justice, Equality and Garda Sı´ocha´na to combat crime, approved the Law Reform (Mr. McDowell): I propose to take creation of 7 new senior civilian management Questions Nos. 10 and 16 together. posts, including a new Deputy Commissioner I published last November the two important equivalent, in the senior management structure of reports recommending radical reform of the top An Garda Sı´ocha´na, as recommended by the management structure of An Garda Sı´ocha´na. Hayes Group and by the Garda Inspectorate. The The reports are by the Garda Sı´ocha´na Inspector- Garda Commissioner is now finalising arrange- ate and the Garda Sı´ocha´na Advisory Group ments for the recruitment of these senior chaired by Senator Maurice Hayes. managers. By way of background, the Garda Sı´ocha´na The Garda Sı´ocha´na Inspectorate is currently Inspectorate was established in July 2006.Λ Its undertaking an operational and administrative objective under the Garda Sı´ocha´na Act 2005 is assessment of the Garda Sı´ocha´na, including to ensure that the resources available to An resource allocation and the deployment of Garda Garda Sı´ocha´na are used so as to achieve and and civilian personnel. I have asked for an maintain the highest levels of efficiency and effec- interim report from the Inspectorate on its assess- tiveness in its operation and administration, as ment and I have been informed that its report in measured by reference to the best standards of this regard is at an advanced stage of preparation comparable police services. This is the Inspector- and will be submitted to me in the coming weeks. ate’s first report. The Advisory Group was Following receipt of that report, I intend to bring appointed by me in August 2006 to advise the specific proposals to Government at that stage in Garda Commissioner on addressing the leader- relation to the implementation of its recom- ship and management challenges currently facing mendations. the Garda Sı´ocha´na. This is the Advisory Group’s Finally, I should emphasise that the reports on first, and interim, report to the Garda Com- the reform of the Garda management structure missioner. are the beginning and not the end of a process of The reports recommend enhanced civilian sup- reform and modernisation. I want to thank the port for senior Garda management and urge members of the Advisory Group and the Inspec- accelerated recruitment of civilian support staff torate for the work they have put into these so as to release Gardaı´ for operational duties. reports, and I also want to acknowledge the co- Some key recommendations include operation they have received from An Garda Sı´ocha´na. • a new civilian post at Deputy Garda Com- missioner level to deal with administration Garda Equipment. and resource management, including areas such as finance and information 11. Ms Lynch asked the Ta´naiste and Minister technology, for Justice, Equality and Law Reform if his atten- 475 Questions— 22 February 2007. Written Answers 476

[Ms Lynch.] nationwide services will be signed. Completion of tion has been drawn to the recent claim made by the system nationwide is expected within two the president of the Garda Representative years after the Service Performance Evaluation. Association, that outmoded equipment, broken In the interim, Garda authorities inform me radios and delayed delivery of promised new sup- that where existing radio equipment is found to plies were hampering the Gardaı´ in the battle be faulty it is repaired. When it is not possible to against crime; his views on the criticism; the steps effect repairs, the equipment is replaced thereby he is taking to address these issues; and if he will maintaining existing levels of radio infrastructure. make a statement on the matter. [6829/07] Another issue regularly raised in relation to Garda equipment is the provision of anti-stab Ta´naiste and Minister for Justice, Equality and vests. A contract for the supply and delivery of Law Reform (Mr. McDowell): I am aware of the 11,000 Anti-Stab vests, with an option to pur- views expressed by the President of the Garda chase an additional 4,000, has been put in place Representative Association which I believe were by An Garda Sı´ocha´na. These Anti-Stab Vests reported late last year in the media. will be provided to all uniform members. A fitting I reject the reported remarks out of hand. The and delivery programme commenced on 8th record will clearly show that under this Govern- February and it is anticipated that in excess of ment An Garda Sı´ocha´na has never been better 1,000 vests will be issued to uniform members by resourced. Deputies can judge for themselves the the end of this month and distribution will be level of investment in An Garda Sı´ocha´na under completed within the next number of months. this Government. Over the past 10 years unpre- In addition, a separate contract for the supply cedented resources have been provided by and delivery of up to 2,100 Ballistic Vests, which Government to An Garda Sı´ocha´na in their fight have anti-stab properties, is in place. These Bal- against crime. This year alone, the Garda budget listic Vests are being provided to Detective is over \1.4 billion, an 11% increase on 2006 and Gardaı´ and those employed on a long term basis a 96% increase since 1997 in real terms. Capital as aides to Detective Units. A total of 1,300 vests and related expenditure over the period 1997 to have been issued and a further order has been 2006 amounts to over \500m. This year the capi- placed for delivery of an additional 300 Ballistic tal provision including Garda building prog- Vests. This is a major development in the pro- ramme provisions under the Office of Public vision of safety equipment for members of An Works will amount to approximately \69m. Garda Sı´ocha´na. These resources have enabled An Garda Sı´och- Other major projects that are currently a´na to significantly upgrade the range of equip- underway include a range of Information Tech- ment and services available to support them in nology projects such as a Major Incidents System, their daily fight against crime. a new automated fingerprint system, a new Com- Major development is the current rapid expan- puter Aided Dispatch System and a new Ballistics sion and upgrading of the Garda fleet. The total System. In addition, I recently announced that spend for 2006 on the purchase of new vehicles An Garda Sı´ocha´na will very shortly issue tenders to upgrade the Fleet was \27.45 million and this to the market for a major expansion of the town sum was used to purchase 1,378 vehicles. Over centre CCTV system with a total of 17 towns half the entire fleet was replaced in one year, and around the country set to benefit from the further investment will be made this year. scheme. This is in addition to the grant aid pro- On the question of radio equipment the vided by my Department under the Community Deputy will be aware that a state of the art digital based CCTV scheme. radio service is in the process of being procured This huge programme of investment in An for An Garda Sı´ocha´na and other emergency Garda Sı´ocha´na, together with the current major services. Tetra Ireland Limited has been selected expansion of Garda numbers, will significantly by the Department of Finance as the preferred enhance the capacity of the Force to combat supplier of the service. Work has already com- crime and bring criminals to justice. menced on a Service Performance Evaluation which involves the provision of a live working Garda Deployment. system covering a significant part of Dublin and surrounding areas. An Garda Sı´ocha´na, as one of 12. Mr. M. Higgins asked the Ta´naiste and the principal users of the service, will play a major Minister for Justice, Equality and Law Reform role in the evaluation and testing of the network the number of Gardaı´ currently assigned to com- and equipment. The Service Performance Eval- munity policing; if he will confirm that this rep- uation will enable the preferred supplier, Tetra resents less than 4% of the overall strength of the Ireland, to demonstrate that it can deliver all the force; his plans to increase the number of com- aspects of the system and provide a fully working munity Gardaı´; and if he will make a statement solution that meets all of the requirements of an on the matter. [6827/07] emergency services network. Subject to a successful outcome of this eval- Ta´naiste and Minister for Justice, Equality and uation phase and completion of parallel contract Law Reform (Mr. McDowell): I have been negotiations, a contract for the provision of the informed by the Garda Commissioner that the 477 Questions— 22 February 2007. Written Answers 478 number of designated full-time Community weeks at a Training Garda Station and Phase 5 Gardaı´ assigned at 31 December, 2005 and 2006 involves 4 weeks at the Garda College. was 453 and 497 respectively. The 2006 figure is There has been no reduction in the Garda almost 4% of the current personnel strength of training programme. The only change in recent An Garda Sı´ocha´na and represents an increase of times has been an adjustment in Phase 3 so that 44, or 10% in the number of Gardaı´ assigned to 4 of the 16 weeks in that Phase are spent in a community policing duties over the previous Garda Station rather than at the Garda College. year’s figure. Of course all uniformed Gardaı´ This training programme is being managed in carry out community policing functions. such a way as to ensure that the accelerated The term Community Garda describes a intake of 275 recruits per quarter into the Garda member of An Garda Sı´ocha´na working full-time College will result in the Government’s target of in a specified area and assuming responsibilities a total Garda strength of 15,000 being met. and performing duties which relate to that area. It is designed to give local neighbourhoods/ Departmental Evaluations. communities a more personalised and compre- 14. Mr. Cuffe asked the Tanaiste and Minister hensive Garda service. By its nature, it is the cit- ´ for Justice, Equality and Law Reform when the ies and larger towns which benefit most from the National Domestic Violence Intervention Agency adoption of Neighbourhood/Community Policing. can expect to receive the conclusions of his Areas which have not had regular contact with Department’s internal evaluation of the pilot pro- An Garda Sı´ocha´na get the opportunity to know ject; if the project will receive multi-annual fund- and build up a relationship with a member of ing, if the conclusions are positive; and if he will the force. make a statement on the matter. [6855/07] A review of Community Policing in Ireland is currently being carried out and it is anticipated Ta´naiste and Minister for Justice, Equality and that the review will be completed in 2007. This Law Reform (Mr. McDowell): I can inform the review will take into account of international best Deputy that the final report of the completed practice in this area. pilot project by the National Domestic Violence When completed, the finished review will Intervention Agency (NDVIA) was received by inform a National Model of Community Policing, my Department on Thursday 25th January 2007. which is a Strategic Goal in An Garda Sı´ocha´na’s Following the delivery of the report, further fund- Corporate Strategy. ing for the project on an interim basis was agreed I know that the Garda Commissioner will take by my Department and representatives of the full account of the needs of Community Policing NDVIA. in his allocation of the very considerable increase Officials of my Department are now reviewing currently under way in the strength of the Force. this final report, together with the 2006 external The attested strength has increased by well over evaluation of the pilot project. The aim of the 2,000 since June 1997 — which is more than 20% understandably localised pilot project was to of an increase. There are now more than 14,000 develop an integrated response to domestic viol- attested members and recruits in training and this ence. We need now to consider fully how we are means that Community Policing and other oper- to progress this objective on a nationwide basis. ational areas in the force will continue to grow The analysis of the findings of the pilot project in strength. is taking place in the context of a major policy review in my Department and the development Garda Training. of a new Strategic Action Plan for the National 13. Mr. Wall asked the Ta´naiste and Minister Steering Committee on Violence Against Women. I expect that Minister of State Frank for Justice, Equality and Law Reform the time Fahey and I will bring proposals to Government devoted to each of the five phases of Garda train- shortly in relation to the establishment of a ing, both in the Garda College and at Garda domestic violence agency which will ensure the stations; if there has been reduction in the time development of a well co-ordinated “whole of for any of the five phases; and if he will make a Government” response to violence against statement on the matter. [6851/07] women. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The current Garda Equality Issues. recruit training programme is of two years dur- 15. Mr. Quinn asked the Ta´naiste and Minister ation and is made up of 5 separate but integrated for Justice, Equality and Law Reform the activi- phases. The time devoted to each phase of train- ties and policy moves that will be taken under his ing and the location of each phase of training is portfolio as part of the European Year of Equal as set out as follows:- Phase 1 involves 22 weeks Opportunities for All; and if he will make a state- in the Garda College. Phase 2 involves 24 weeks ment on the matter. [2522/07] in a Training Garda Station. Phase 3 involves 12 weeks at the Garda College and 4 weeks at a Ta´naiste and Minister for Justice, Equality and Training Garda Station. Phase 4 involves 38 Law Reform (Mr. McDowell): The Equality 479 Questions— 22 February 2007. Written Answers 480

[Mr. McDowell.] • build an institutional infrastructure to Authority has been designated as the National ensure equality is a consideration in plan- Implementing Body for Ireland to organise its ning and policy making, participation in the European Year of Equal • bring about institutional change to ensure Opportunities for all. organisations are effective in combating The Equality Authority in its role of National discrimination, making adjustments for Implementing Body is responsible for defining diversity and promoting full equality in the national strategy and priorities of the Year, practice, while ensuring a balanced treatment of all nine grounds under Irish equality legislation. • engage key stakeholders in a national The Equality Authority launched its national debate on issues of equality, diversity and strategy, “2007 European Year of Equal Oppor- discrimination, and tunities for All — A National Strategy for • focus on the identity, experience and Ireland” on 5 February this year. A copy of this situation of those groups at the intersec- publication has been placed in the Oireachtas tions of the grounds covered by equality Library for the information of Members and it is legislation. also available on the Equality Authority’s web- site, www.equality.ie. The range of activities to be undertaken during The Authority has developed its strategy hav- the year includes several awareness campaigns, ing due regard to the objectives of the year covering issues such as work life balance, ageism, agreed by the European Parliament and Council. anti-racism in the workplace and disability. Con- These are: ferences celebrating 30 years of Gender Equality Legislation, an NGO conference and a con- • to raise awareness of rights under the ference celebrating 70 years of the Constitution equality legislation, and Equality in the Constitution are planned for • to promote the participation of under-rep- the Year. The Equality Authority has also estab- resented groups in all sectors, lished a funding programme to support non- governmental organisations at national level • to encourage a celebration of diversity in seeking to organise activities to mark the Euro- society, and pean Year and to achieve a longer-term legacy • to support social cohesion and good for the Year. relations between groups. Question No. 16 answered with Question The National Strategy is an ambitious prog- No. 10. ramme of over 30 distinct initiatives across six priority areas of activity, namely information and Prisoner Costs. advocacy, equality mainstreaming, equality com- petence, equality debate, burning issues and mul- 17. Mr. J. O’Keeffe asked the Ta´naiste and tiple discrimination. Minister for Justice, Equality and Law Reform The strategy has been developed having regard his views on the high cost per prisoner of keeping to commitments made in Towards 2016 the a person in prison here; and if he will make a national agreement between the Government and statement on the matter. [6803/07] the social partners. The issues selected contribute to the implementation of the broad range of Ta´naiste and Minister for Justice, Equality and national action plans developed in relation to Law Reform (Mr. McDowell): The average cost groups experiencing inequality. of keeping an offender in custody in this juris- This strategy will be implemented in parallel diction is calculated by averaging out the current with a strategy for the European Year of Equal running costs of the prisons and places of deten- Opportunities for All in Northern Ireland, with tion against the average number of offenders in appropriate links between the two strategies. It those institutions. These costs include certain will also build on existing links with the “For items which are fixed no matter what the number Diversity against Discrimination” campaign of of offenders in custody, e.g. utilities, staff salaries, the European Union. It will also make links with etc. It also reallocates the cost of central services the final year of the EQUAL Community Initiat- e.g. Headquarters, Prison Service Training ive in Ireland. Centre, I.T., etc. to each prison institution. The National Strategy engages the resources of I would caution that there is no information organisations such as IMPACT, the IVEA, the readily available to me on the precise method- CSO, Pobal, Chambers of Commerce and the ology and procedures used by our international Universities. counterparts in the preparation of their figures for costs per prisoner and this should be borne in Priorities addressed in the Strategy include mind in any comparison of these figures to the initiatives which: current Irish figures. • enhance the provision of information on Significant factors in determining prison costs rights to those groups experiencing include the size and age of institutions and the inequality, regime applied to prisoners. For example average 481 Questions— 22 February 2007. Written Answers 482 annual costs per prisoner for prison institutions • Identifying, targeting and dismantling in the USA are generally lower than in this juris- national and international drug trafficking diction but the regimes applied would not necess- networks which supply and distribute arily be of a type that would apply in this illegal drugs within this state jurisdiction. • Conducting intelligence driven operations The comprehensive change Agreement focusing on all aspects of the illicit drugs reached with the Prisons Officers Association in trade including commodity, logistics, distri- 2005, which has been successfully rolled out bution and financing. throughout the Service, has brought to an end the chronic problem of escalating overtime costs and • Working with other national and inter- introduced a range of other efficiencies. The sav- national law enforcement agencies on joint ings arising from these efficiencies are contribu- actions designed to reduce the availability ting significantly to the control of costs, including of drugs and the proceeds derived from the the overall cost of keeping an offender in custody. drugs trade In addition the development of new prison • Working in partnership with statutory, facilities, particularly at Thornton, and for the community and voluntary groups to reduce Munster region will provide an opportunity to both the supply and demand for drugs further reduce operating costs while providing an within society. improved regime for prisoners and staff. Significant drug seizures including the consider- able increase in the amount of heroin continuing Drug Seizures. to be seized in recent times have been made as a 18. Ms B. Moynihan-Cronin asked the result of these operations. The operations, which Ta´naiste and Minister for Justice, Equality and are ongoing, continue to dismantle drug traffick- Law Reform the amount of heroin seized during ing networks and have led to the arrest in recent 2006; the way this compares with 2005; his views times of major criminals both based here and on the huge increase in seizures of heroin, abroad who are involved in the drugs trade. especially in view of the fact that the UN suggest The record level of resources, both in financial that such seizures account for only around 25% and personnel terms, being made available to An of the total on the market; the steps the Gardaı´ Garda Sı´ocha´na this year is proof of the Govern- are taking to reduce the flow of illegal drugs; and ment’s commitment and determination to ensure if he will make a statement on the matter. that the Garda authorities will continue to [6834/07] implement targeted, intelligence and high inten- sity operations against organised crime with a Ta´naiste and Minister for Justice, Equality and special focus on drugs crime. This commitment is Law Reform (Mr. McDowell): I am informed by further evidenced by the fact that the allocation \ the Garda authorities that the volume and street for the Garda Vote for 2007 is up by 135.3m \ value of heroin seized for 2005 and 2006 is as set to 1.445 billion — an increase of 10% on the out in the following table: allocation for 2006. Furthermore we are ensuring that our law Heroin seizures made by An Garda Sı´ocha´na 2005-2006 enforcement agencies have a strong legislative platform from which to operate in their work in Year Quantity Estimated Street tackling those involved in such criminal activity. Value While we already have a strong legislative \ package in place for tackling drug trafficking, the kgs m Criminal Justice Act 2006 provides for further 2005 32 6.4 measures which will enhance the powers of the 2006* 136 27.2 Gardaı´ in the investigation and prosecution of drug offences. * The figure for 2006 is provisional and may be subject to In addition, I recently secured Government change pending the publication of An Garda Sı´ocha´na’s Annual Report for 2006. approval to bring forward a further package of legislative proposals as a matter of priority to I am also informed that the increase in the further counter the threat posed by gangland amount of heroin seized during 2006 is directly activity, especially in relation to drug trafficking attributable to increased law enforcement and firearms. through intelligence driven operations at Of course the Government would view with national, regional, divisional and district level concern any apparent rise in the level of any which is co-ordinated by the Garda National illegal drugs being trafficked into this country. However, as I have pointed out the seizures also Drugs Unit in conjunction with other specialist reflect the increasing success of the Garda’s law Garda units and local Garda management. enforcement measures targeting drug trafficking. An Garda Sı´ocha´na invokes a number of broad The drugs situation is dictated by global devel- strategic responses in addressing the issue. These opments, it is dynamic and ever changing and our include the following: 483 Questions— 22 February 2007. Written Answers 484

[Mr. McDowell.] with which it is associated remains the Govern- policies need to be flexible to meet those changes. ment’s top policing priority. For example, recent international data from the United Nations Office for Drugs and Crime sug- Prisons Inspectorate Reports. gests that the level of heroin production, partic- ularly in Afghanistan, has significantly increased 19. Mr. Gogarty asked the Ta´naiste and Mini- in recent times and this undoubtedly has a direct ster for Justice, Equality and Law Reform the effect on the amount of heroin in circulation action he will take to address the Irish Prisons globally. Inspectorate Report on Castlerea Prison (details In terms of estimating the proportion of drug supplied); and if he will make a statement on the seizures made in this jurisdiction by our law matter. [6865/07] enforcement authorities in relation to the overall volumes of drugs being trafficked, obviously Ta´naiste and Minister for Justice, Equality and given the clandestine nature of this illegal activity Law Reform (Mr. McDowell): The Inspector of this is extremely difficult to quantify with any Prisons and Places of Detention recently submit- degree of certainty and is speculative. ted a report to me on a visit he carried out in However, what can be said in this regard Castlerea Prison. In his report the Inspector con- though is that the global illicit drug trade is, cluded that the prison is well managed. However, according to the United Nations Office for Drugs as well as pointing out a number of areas where and Crime (UNODC), reputed to exceed billions there have been significant positive devel- of US$ annually. That UN office estimated in opments, he did raise some issues where further 2005 that global seizures for that year accounted improvements could be made. I am happy to say for 44% of cocaine production, 28% of cannabis that some of the issues raised by the Inspector resin, 25% of opium production, 7% of ampheta- have already been progressed and the Irish Prison mines and 4.7% of ecstasy. Service is endeavouring to deal with the others as Undoubtedly, drug misuse remains one of the quickly as practicable. most complex social ills faced globally. Our drug The Irish Prison Service has made significant law enforcement response is of course a vital fea- efforts in recent years to recruit a psychologist for ture of our overall response in addressing the Castlerea Prison. A recruitment competition in issue but we cannot just look at the issue from a 2006 identified a suitable candidate for the post; supply reduction perspective only. regrettably however, that candidate withdrew Rather, we must examine the drugs problem in from the competition prior to appointment. the wider context in which it takes place and take Efforts to source psychological services on an cognisance of the fact that the demand for and inreach basis from the local health services have the use of illegal drugs is what fuels the drugs also been unsuccessful to date. Efforts are con- trade. The measures that we have in place to tinuing to be made to source an appropriate address the problem must take account of this. service for this prison and consideration is still The Government remains resolutely commit- being given to all options, including contracting ted to tackling the problem through our National services on a sessional basis. The employment of Drugs Strategy 2001-2008. full-time psychologists for the prison still remains The National Strategy addresses the problem the optimal approach. under pillar headings of education and preven- The experience of Castlerea Prison is indicative tion, supply reduction, treatment and rehabili- of the tight labour market in which the Service tation and research and is firmly founded on the continues to operate. In the market for psychol- principle that drug misuse needs to be addressed ogists the Irish Prison Service is in competition in an integrated manner across these headings with other public bodies when trying to attract through a co-operative approach involving the recruits. Prison presents a very challenging envir- statutory, community and voluntary treatment onment to work in and understandably some psy- sectors. chologists prefer to work in the community. The Department of Community, Rural and In order to broaden the base from which the Gaeltacht Affairs, under the stewardship of my Service can draw, the Irish Prison Service in colleague and Minister of State Mr. Noel Ahern, recent years has recruited both Forensic and T.D., is the lead Government Department in co- Counselling Psychologists, where previously only ordinating the implementation of the National Clinical Psychologists had been recruited. While Drugs Strategy. this has broadened the base somewhat, the pool My Department’s remit in this area, while not of suitable candidates remains small and recent exclusively, is primarily in the area of drug supply recruitment competitions have involved many reduction, and drug law enforcement remains a applicants who work outside of Ireland. key feature of the Government’s drug policy I have been informed that the computer work- framework. shop was only closed for a period of two to three Finally, I can assure the House that the policy weeks due to staff changes on promotion, and this of targeting those involved in organised crime coincided with the Inspector’s visit. The Irish including drug trafficking and the gun culture Prison Service have confirmed that the short clos- 485 Questions— 22 February 2007. Written Answers 486 ure period was unavoidable and that it is cur- Ta´naiste and Minister for Justice, Equality and rently fully operational. Law Reform (Mr. McDowell): I propose to take Certain issues arose which prevented Questions Nos. 21 and 72 together. Roscommon County Council from proceeding On 13 February 2007 I published the General with the recruitment of a full-time librarian for Scheme of the Criminal Justice Bill 2007. This Castlerea Prison. I understand these issues are legislation is being brought forward to counter now resolved and the recruitment is now the threat posed by crime gangs which, as I have proceeding. repeatedly stated, represents one of the most sig- One Probation Officer is currently allocated to nificant threats to our society since the advent of work full-time in Castlerea Prison. The Probation the paramilitaries in the 1970s. It is against that Officer assigned to Castlerea Prison is carrying background that the Government has decided out valuable work in the prison, including that it must introduce legislation which, although addressing issues impacting on offending behav- severe, is proportionate to the threat we face. iour, prisoner assessments and preparing The proposed legislation — ensuring bail offenders for release and reintegration in their operates as the people intended when they voted communities. I can advise the Deputy that a stra- to change the Constitution in 1996, ensuring the tegic action of the Probation Service in its right to silence is properly construed, increasing Strategy Statement 2006-2007 is to, inter alia, “re- detention periods, lengthening the sentences to focus services to prisons and prisoners”. The Pro- be served and providing a focus to undermine the bation Service is currently reviewing all oper- support systems gang bosses build around them- ational Probation Service resources, including selves — is one of the most comprehensive anti- that provided in Castlerea. crime legislative packages ever brought forward. I intend that the Criminal Justice Bill 2007 will be published within the next few weeks and I with Garda Investigations. the co-operation of all this House look forward 20. Mr. Morgan asked the Ta´naiste and Mini- to bringing the Bill through all stages in the Da´il ster for Justice, Equality and Law Reform if the and Seanad before the Easter recess. source of the leak to a newspaper (details The Bill will amend several areas of law supplied) has been investigated; the persons by directly relevant to the Garda fight against gang- whom it was investigated; and if disciplinary land crime: action has been taken. [6809/07] Detention Periods Detention of suspects for up to 7 days Ta´naiste and Minister for Justice, Equality and already applies in the case of drug trafficking Law Reform (Mr. McDowell): I have been offences. This new legislation will make it pos- informed by the Garda authorities that the alle- sible to detain for up to 7 days those suspected gation that Gardaı´ leaked information to the of murder involving use of a firearm, use of a media in this case was fully investigated by firearm with intent to endanger life and so- Superintendent E.P. MacEoin. The High Court’s called ‘tiger’ kidnappings and similar activities. determination was critical of the Garda Sı´ocha´na but was not definitive in relation to any specified Right to Silence individual member of the Garda Sı´ocha´na. Not- The law in this area is being extended withstanding the High Court’s decision there was through allowing inferences from silences to be insufficient evidence to ground disciplinary pro- drawn in the case of all arrestable offences in ceedings against any individual member. line with the recommendations in the Balance in the Criminal Law Review Group’s interim Proposed Legislation. report. New cautions will be included which will make it perfectly clear that withholding 21. Mr. Sargent asked the Ta´naiste and Mini- information in certain circumstances may be ster for Justice, Equality and Law Reform if he taken into account in determining guilt or will respond to concerns voiced by a person innocence. (details supplied) who claims that his proposed legislative package to tackle organised crime is Bail unwarranted and not justified by crime statistics; The proposals on bail are designed to ensure and if he will make a statement on the matter. that it will be more difficult for those charged [6856/07] with gangland offences to get bail:

72. Mr. Costello asked the Ta´naiste and Mini- • A senior Garda will be able to give his ster for Justice, Equality and Law Reform when or her opinion that the applicant for bail, the promised Bill, in regard to the package of if given bail, is likely to commit a serious anti-crime measures he announced on 13 offence. That opinion shall be admitted February 2007, will be published; his proposed in evidence. legislative timetable for the Bill; and if he will • The applicant may be required to make a statement on the matter. [6823/07] provide a statement in which he or she 487 Questions— 22 February 2007. Written Answers 488

[Mr. McDowell.] New Offences will be required to outline his or her The legislation will provide for new offences assets (both inside and outside the where a person is found in possession of equip- State), his or her income, the source of ment for use in connection with murder or drug that income, his or her previous criminal trafficking (for example, weighing scales or record, his or her previous bail appli- money counting machines) or cash that is the cations and, if bail had been granted on proceeds of a crime or for use in the com- those occasions, the conditions that mission of a crime and where the equipment or attached thereto. He or she can be cross the cash cannot be accounted for. The cash or examined on the statement. It will be an equipment will, of course, be confiscated. This offence to give wrong or misleading will ensure that those who assist and facilitate information. the gangland bosses will find themselves exposed to severe penalties of up to 5 years • Appeals in bail applications from the imprisonment. District Court will in future be heard in the Circuit Court, thereby allowing I completely reject any assertion that this package appeals by way of full rehearing of the of measures is unwarranted or unjustified. We case. need only recall the horrific gangland murders of the past six months and the drug and firearms • Provision will be made for electronic seizures by An Garda Sı´ocha´na to recognize that monitoring of persons granted bail. a rigorous response is required to combat the scourge of organised crime. It is no use setting an The new proposals are likely to result in the objective of ending gangland activities unless we prosecution being able to mount a strong chal- provide the means to the relevant agents of the lenge in bail applications, with the result that State to achieve that goal. This legislation, there will be fewer applications or, where together with other measures which have been applications are made, they can be opposed taken, such as the recent decision to increase the more effectively. number of judges and the unprecedented level of resources being made available to the criminal Sentencing justice system, provide those means. There are new proposals to deal with re- A criticism has been levelled that the 7 day offending: detention period provided for under Section 2 of • Where a person who has been convicted the Criminal Justice (Drug Trafficking Act) 1996 of a firearms, drug trafficking or other has never been used, and therefore that invali- offence associated with ‘gangland’ dates the detention provisions being proposed for activity re-offends within 7 years of inclusion in this present Bill. release from prison, that person will get The Criminal Justice (Drug Trafficking) Act, an enhanced sentence for the second 1996 came into operation on 9 September, 1996. offence and the proceeds of that offence, Section 11(1) of the Act provides that certain including assets acquired with the pro- sections will cease to be in operation at the expiry ceeds, will be confiscated. of twelve months from the date of commence- ment, unless a resolution has been passed by each • New ‘crime prevention’ orders will be House of the Oireachtas resolving that all or any introduced. These will cover some or all of the sections shall continue in operation. of the period from release up to the date The sections in question are sections 2 (powers when the maximum sentence for the of detention), 3 (amendment of Forensic Evi- offence, had it been imposed, would have dence Act, 1990), 4 (re-arrest), 5 (application of expired. Under these orders, the person sections of Criminal Justice Act, 1984) and 6 may be ordered to report on his place of (regulations regarding officers of customs and residence, travel or employment and may excise). be ordered not to associate with certain Since the inception of this Act, resolutions persons or stay away from certain places. have been passed by both Houses of the • In addition, those who have been Oireachtas on six occasions to continue the oper- imprisoned for firearms, drug trafficking ation of each of the above mentioned sections. In or other offences related to gangland this regard, resolutions were passed by the Da´il activity may have conditions attached to and the Seanad in December 2006 to continue any remission of sentence granted to each of the sections in operation until 31 them. A breach will result in re-trig- December 2008. gering of the sentence. The following table sets out the statistical data provided by An Garda Sı´ocha´na in relation to the • Further clarification will be provided on utilisation of the longer periods of detention — the limited circumstances in which the the dates shown are related to report dates pro- minimum mandatory sentences currently vided by An Garda Sı´ocha´na during the com- available for drug trafficking and fire- pletion of Ministerial Reports (as required under arms offences may be reduced. the 1996 Act) at each occasion of renewal. 489 Questions— 22 February 2007. Written Answers 490

Date period Use of 48-120 hours detention Use of 120-169 hours period detention period

9 September 1996–27 June 1997 (inclusive) 10 11 28 June 1997–30 November 1998 (inclusive) 13 10 1 December 1998–17 November 2000 (inclusive) 26 3 18 November 2000–22 November 2002 (inclusive) 20 0 23 November 2002-11 November 2004 (inclusive) 12 0 12 November 2004–24 November 2006 (inclusive) 9 0 Total 9 September 1996–24 November 2006 90 24

To say that the full 7 days may be used rarely is social and/or criminal behaviour by providing no argument for saying that the Gardaı´ should suitable activities to facilitate personal develop- not have this provision in their armoury where it ment, promote civic responsibility and improve proves necessary. long-term employability prospects. By doing so, We must remember that there is also an onus the projects also contribute to improving the on the Gardaı´ to release people or to charge them quality of life within communities and enhancing when the detention is no longer necessary for the Garda/community relations. investigation of the offence. The fact that the I am committed to the continuing development Gardaı´ are careful in calling into use the more and, as resources permit, the expansion of Garda stringent provisions of this legislation must not Youth Diversion Projects. It is my intention to be misinterpreted as implying they are easy on expand the scheme to 100 projects nationwide criminals, but rather that they are measured in before the end of 2007. The first phase of this their approach and are not making an excessive expansion programme is currently being use of the longer detention periods. implemented with the announcement of 10 new I would also like to address the charge that projects in January 2007, bringing the total bringing forward this legislation toward the end number of projects currently established to 84. of this Da´il represents political opportunism on Further proposals have been received by the my part. As Minister for Justice, Equality and Garda Commissioner and will be considered Law Reform, I have a responsibility to the people shortly in the context of the further expansion of of Ireland to do all in my power to counter any the programme in 2007. significant threat to the safety and security of our The total amount of funding for the Garda society. Indeed, this duty extends also to all Youth Diversion Projects is \9.8 million for 2007. members of the Oireachtas. It would be a gross This represents an increase of 48% over funding dereliction of duty for any Minister to refuse to allocated to the projects in 2006. This funding is act promptly in the face of such threats because part of an overall funding of \120m which has of any extraneous timing issues. been secured under the National Development Plan 2007-2013 for the development and expan- Youth Diversion Projects. sion of the Diversion Programme. This funding will allow for the expansion of the number of pro- 22. Mr. O’Connor asked the Ta´naiste and jects to 130 during the lifetime of the Plan. Along- Minister for Justice, Equality and Law Reform side the expansion process, a system of evaluation the number of Garda youth diversion projects will be developed and implemented to measure here; the resources allocated to same; if he has the effectiveness of the programme. I am confi- plans to extend them; and if he will make a state- dent that the expanded programme will prove to ment on the matter. [6793/07] be an effective intervention for children at risk of offending. 33. Mr. M. Brady asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the Garda Ombudsman Commission. resources allocated to Garda youth diversion pro- jects here; the number of such projects; the 23. Mr. Morgan asked the Ta´naiste and Mini- impact they have had; his plans to extend them; ster for Justice, Equality and Law Reform if he and if he will make a statement on the matter. will make a statement on the progress made in [6794/07] terms of getting An Garda Sı´ocha´na Ombudsman Commission up and running; and the date from Ta´naiste and Minister for Justice, Equality and which it will commence receiving complaints. Law Reform (Mr. McDowell): I propose to take [6813/07] Questions Nos. 22 and 33 together. Garda Youth Diversion Projects are a com- 43. Mr. Wall asked the Ta´naiste and Minister munity-based, multi-agency crime prevention for Justice, Equality and Law Reform the pro- initiative which seek to divert young persons from gress made with regard to the establishment of becoming involved or further involved in anti- the Garda Ombudsman Commission; the number 491 Questions— 22 February 2007. Written Answers 492

[Mr. Wall.] the case has been the subject of an internal Garda of staff recruited to date; when the Commission inquiry; if so, the basis of the inquiry and the out- will be in a position to begin dealing with com- come of same; and if he will make a statement on plaints from the public; and if he will make a the matter. [6853/07] statement on the matter. [6824/07] Ta´naiste and Minister for Justice, Equality and Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): As papers relating Law Reform (Mr. McDowell): I propose to take to the seizure of drugs referred to in the Deputy’s Questions Nos. 23 and 43 together. question are before the Director of Public Pros- The Garda Sı´ocha´na Ombudsman Commis- ecutions at present, it would be inappropriate for sioners were appointed by the President on the me to make any further comment. 10th February 2006, following nomination by the Government and recommendations by both Crime Levels. Houses of the Oireachtas. 26. Mr. Broughan asked the Ta´naiste and Mini- The Garda Ombudsman Commission is plan- ster for Justice, Equality and Law Reform if his ning to commence operations in May 2007. In attention has been drawn to the findings of the order to meet this deadline, the Commission is recent survey, the Burden of Crime in Europe, in now engaged in completing an extensive prog- which Ireland is ranked as one of Europe’s hots- ramme of work. This programme includes, among pots for crime; his response to the findings; the other things, the recruitment and training of staff, steps he will take to reduce the levels of crime the refurbishment of a new premises and the reflected in the report; and if he will make a state- delivery of an I.T. infrastructure. ment on the matter. [6819/07] The Commission has appointed 25 staff at this stage. Initial staff training will commence on 5th Ta´naiste and Minister for Justice, Equality and March 2007. At that stage the Commission will Law Reform (Mr. McDowell): I refer the Deputy have appointed 37 staff and are in the process of to my reply to Priority Question No. 1 of recruiting the remaining members of its staffing today’s date. complement. 27. Mr. Broughan asked the Ta´naiste and Mini- Tribunals of Inquiry. ster for Justice, Equality and Law Reform his 24. Mr. S. Ryan asked the Ta´naiste and Mini- views on the increase in many crimes, particularly ster for Justice, Equality and Law Reform if he violent crime and offences involving drugs, has received a response from the Chief Inspector reflected in the annual crime figures for 2006 pub- of the Garda Inspectorate to the copy of the Barr lished by the CSO in January 2007; his views on report that he sent to them and which he told the the findings; the steps he will take to reduce the House he expected to receive in January 2007; levels of crime reflected in the report; and if he and if he will make a statement on the matter. will make a statement on the matter. [6820/07] [6839/07] Ta´naiste and Minister for Justice, Equality and Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): Any interpretation Law Reform (Mr. McDowell): Yesterday I of the crime figures has to factor in the increase received the report from the Chief Inspector of in population. In 1995, with a population of 3.6 the Garda Inspectorate into the review of prac- million, there were 28.5 crimes per 1,000 of the tices and procedures for certain types of inci- population. In 2006, with a population of over 4.2 dents. The Report sets out a number of recom- million, there were 24.5 crimes per 1,000 of the mendations for dealing with such incidents. The population, a significant reduction by any report is being considered by my Department and standard. I have forwarded a copy to the Garda Com- During the two full years of the Rainbow missioner. Coalition Government (1995 and 1996), the cor- responding figures were 28.5 and 27.8. Since 2003, the first full year of this Govern- Drug Seizures. ment, the figures dropped from 26 crimes per 25. Mr. Howlin asked the Ta´naiste and Mini- 1,000 of the population in 2003 to 24.5 in 2006, ster for Justice, Equality and Law Reform if a with the figures for 2004 and 2005 being 24.5 and Garda file was sent to the DPP arising from the 24.8 respectively. The crime rate per 1,000 of the reported arrest of a person (details supplied) in population in 2006 was therefore the lowest in the connection with the seizure of a major consign- period of office of this Government. ment of drugs at Ardee, County Louth in The most recent crime statistics are the pro- October 2005; if the Gardaı´ have received a visional headline crime statistics published by the response to the file; if his attention has been Central Statistics Office for the fourth quarter of drawn to newspaper reports in which the person 2006 and the full year of 2006. The figures for the in question is reported to have boasted that they fourth quarter of 2006 continue the improvement were untouchable; his response to such claims; if in the headline crime statistics evident since the 493 Questions— 22 February 2007. Written Answers 494 second quarter of the year. Following a worrying a vehicle, and use or production of a firearm to increase of 10.1% in the first quarter, there was resist arrest. a slight increase of 0.8% in the second quarter, On 19 December last, the Government agreed followed by accelerating decreases of 1.5% and my proposals for an unprecedented package of 3.2% in the third and fourth quarters. As a result, measures which includes: the outturn for the year was an increase in head- • A further increase of 1,000 in the strength line crime of 1.4%, compared with an increase of of An Garda Sı´ocha´na to bring the total to 3% in 2005. 15,000 over the next three years; The Garda Commissioner has reported that there was also an increase in the detection rate • Sanction for 300 additional civilian admin- in 2006 with the overall detection rate at 40%, istrative support posts for An Garda compared with rates of 36% in 2003 and 35% in Sı´ocha´na; 2004 and 2005. • The recruitment of the 7 senior civilian The continuing high level of drug seizures posts recommended in the recent reports being made by the Gardaı´, their continued suc- from the Garda Inspectorate and Senator cess in bringing serious drug traffickers to book Maurice Hayes; and their increasing detection of drug related offences as identified in the report is to be • An increase in the retirement age for warmly applauded. Gardaı´, Sergeants and Inspectors from 57 Operation Anvil is central to the strategy of the to 60; Garda Sı´ocha´na in combating serious crime and • A proportionate increase in the targeted in particular murder. The Operation, which com- strength of the Garda Reserve from 900 menced in the Dublin Metropolitan Region in to 1500; May, 2005 and was subsequently extended • Increased staffing for the Forensic Science nationwide at my request, has proved to be very Laboratory, the office of the Director of successful in disrupting the criminal activities of Public Prosecutions and the Courts Service; a number of key criminal gangs. It has resulted in a number of high-profile arrests and the acquis- • No limit on funds available for the Witness ition of intelligence on the movements of crimi- Protection Programme. nals. Notable improvements have been achieved I have recently announced that the Government in the recorded number of incidents of crime agreed a package of legislative proposals to coun- being targeted by the Operation. In particular, I ter the threat posed by gangland activity, am pleased to note the increase of 34% in detec- especially in relation to drug trafficking and tions of possession of firearms in the fourth quar- firearms. ter of 2006 which I believe has contributed to the These legislative proposals are in addition to reduction of 3.4% in discharges of firearms. I the substantial package of additional resources believe that Operation Anvil has also contributed for the Gardaı´ which the Government agreed in to the increase in that quarter of detections of December last. Targeted Garda measures such as offences of possession of drugs for sale or supply Operation Anvil will also continue to focus on which is closely associated with many murders gangland crime. using firearms. I have made it clear to the Garda Com- In addition to the introduction of Operation missioner that Operation Anvil will continue to Anvil, the Garda Commissioner in November be funded to the extent and as long as the Com- 2005 augmented the Organised Crime Unit at the missioner considers that it is necessary to do so National Bureau of Criminal Investigation with and it is fulfilling its objectives. additional Garda members to address the prob- lem of criminal gang activity. Enforcement by the 28. Mr. Ferris asked the Ta´naiste and Minister Unit has resulted in further firearms being seized for Justice, Equality and Law Reform if his atten- and a number of persons arrested, thereby dis- tion has been drawn to the findings of the Garda rupting their criminal activities. There has also Public Attitudes Survey 2006 which found that been an increase in Garda monitoring and tar- public satisfaction has fallen in 80% of divisions, geting of individuals and groups involved in only 42% of those who reported crime to the armed crime in particular. Gardaı´ were satisfied with the response and in A wide range of provisions to combat gun 10% of 999 calls no Garda car responded; and crime were introduced in the Criminal Justice the steps he is taking to reverse these trends and Act, 2006. With effect from 1 November, manda- findings. [6811/07] tory minimum sentences, of between five and ten years, came into effect for certain firearms Ta´naiste and Minister for Justice, Equality and offences, including possession of a firearm in sus- Law Reform (Mr. McDowell): Public satisfaction picious circumstances, possession of firearm with with An Garda Sı´ocha´na in Ireland is significantly criminal intent, possession of a firearm with higher than in other countries, higher than the intent to endanger life or cause serious injury to PSNI, higher than any UK police service and property, possession of a firearm while hijacking higher than in any EU country. 495 Questions— 22 February 2007. Written Answers 496

[Mr. McDowell.] Commissions of Investigation. National surveys of public attitudes to the 29. Mr. Rabbitte asked the Ta´naiste and Mini- Garda Sı´ocha´na, satisfaction with service and ster for Justice, Equality and Law Reform if he policing priorities have been carried out every has received a response from the Garda Com- year since 1999. The Garda Annual Policing Plan missioner to the copy sent to him of the Report 2006 provided for a survey of public attitudes to of the Commission of Investigation into the Dean be carried out in 2006, on a Divisional basis. The Lyons case; if disciplinary proceedings have been Garda Public Attitudes Survey 2006 employed a initiated against any of the Gardaı´ involved in the national sample of about 10,000 respondents. The case; and if he will make a statement on the survey allowed analysis of results in respect of matter. [6837/07] each of the 25 Garda Divisions. The Garda Public Attitudes Survey 2006 shows Ta´naiste and Minister for Justice, Equality and that the average satisfaction in each Garda Div- Law Reform (Mr. McDowell): Assistant Com- ision was 80%, ranging from 86% in missioner has been appointed to assess the impact Roscommon/Galway East to 68% in of the recommendations of the report of the Waterford/Kilkenny. Through the National Commission of Investigation into the Dean Lyons Policing Plans each Divisional Officer develops case for An Garda Sı´ocha´na with a view to an action plan, identifies performance indicators recommending remedial action where necessary. and a targeted timeframe to address issues of con- This assessment is ongoing at present and is near- cern identified in the Public Attitudes Survey. ing completion. I am informed that the Com- The 42% of persons who reported that they missioner is expecting to receive a report on the were not satisfied with the response of the matter in the near future. Gardaı´, refers to satisfaction with being kept informed of progress after reporting a crime. Garda Investigations. Measures have been taken to address this and 30. Ms Burton asked the Ta´naiste and Minister now include call backs and letters updating them for Justice, Equality and Law Reform the latest of developments. position in regard to the Garda investigation into The survey shows that one in twenty respon- murders (details supplied); if a file on the mur- dents sought an emergency Garda response in ders has been sent to the DPP; and if he will 2005 by dialling 999 or 112, a rate similar to pre- make a statement on the matter. [6822/07] vious surveys. Of those who did seek an emer- gency response, 80% had their call answered Ta´naiste and Minister for Justice, Equality and within 10 seconds. Where an emergency response Law Reform (Mr. McDowell): I am informed by was provided, it came mostly within 15 minutes. the Garda authorities that the Garda investi- For a number of reasons it is not always necessary gation into the murders of the persons referred that a Garda car respond to a 999 call, for to are ongoing. I am further informed that an example the call may have been misdirected and investigation file has not been forwarded to the another emergency service was needed, not the Law Officers at this time. The Deputy will Gardaı´. The survey also shows that a majority of appreciate that it would be inappropriate for me respondents (70%) were satisfied with the emer- to comment further as there is an ongoing gency response received, 1% more than in the Garda investigation. 2005 report. I am further informed that generally delays to Proposed Legislation. responding to 999/112 occur at peak demand periods and are caused by more serious cases 31. Ms Shortall asked the Ta´naiste and Minister for Justice, Equality and Law Reform when he intervening. expects to publish the Property Services Regulat- Among the policing priorities for 2007 which I ory Authority Bill; if he will include powers to have determined under section 20 of the Garda control charges imposed by estate agents having Sı´ocha´na Act 2005 are ones to increase public regard to recent reports that this sector was plan- confidence in law enforcement through signifi- ning to increase its fees by up to 33%; and if he cantly increased high visibility policing in the will make a statement on the matter. [6849/07] community and to monitor and improve response times to emergency calls while ensuring that per- Ta´naiste and Minister for Justice, Equality and sons reporting any crime are dealt with sympath- Law Reform (Mr. McDowell): The Government etically and efficiently. Legislation Programme published on 30 January This policing priority is being assisted by the provides for publication of the Property Services continuation of the existing Garda recruitment Regulatory Authority Bill in 2007. Pending enact- programme to achieve a total Garda strength of ment of the legislation, I have established an 15,000. The Government is satisfied that a further Implementation Group to assist and advise on additional 1,000 Gardaı´ is necessary to ensure practical matters relating to the new body and to that the Force is properly resourced to deal with prepare for the new licensing system. A Chief the challenges it will face. Executive designate has also been appointed and 497 Questions— 22 February 2007. Written Answers 498 is engaged in preparatory work for establishment satisfied that the implementation of the NPAR is of the Authority. progressing effectively through its key stake- One of the key functions of the Authority will holders in Government, social partners and civil be to increase public awareness of property society. Great credit is due to the Strategic Moni- services and the cost to consumers of such toring Group chaired by Ms. Lucy Gaffney for services, as well as the risks and benefits associ- their work to date in its implementation. ated with the provision of those services. The The Deputy will be glad to learn that in its Authority will also require all providers of prop- Concluding Observations on Ireland’s first and erty services to issue an appropriate letter of second national report, the United Nations Con- engagement to clients. Regulations prescribing vention on the Elimination of All Forms of Racial the form and content of the letter of engagement Discrimination (UNCERD) Committee com- will provide that it shall include an outline of the mended the State, on the adoption of the first basis on which the service provider’s fee will be National Action Plan against Racism. The exten- calculated. sive consultations with civil society organisations I believe that these provisions will ensure during the drafting of this plan were also wel- greater transparency in the calculation of fees and comed as a positive reflection of the State’s com- charges for property services and lead to mitment to developing an ongoing and construc- improved consumer awareness and consumer tive relationship with civil society. Furthermore, protection. in his follow up report on progress on the imple- mentation of the recommendations in the Pension Provisions. UNCERD Concluding Observations, Mr. Morten Kjaerum UNCERD Follow-up Co-ordinator, 32. Mr. Deenihan asked the Ta´naiste and again commended the State on its implemen- Minister for Justice, Equality and Law Reform if tation of the NPAR. The Council of Europe he is prepared to address the two GSRMA pro- body, The European Commission on Racism and posals towards bringing closure to their pen- Intolerance (ECRI), has also praised the work of sionability issue in view of the fact that the the NPAR. number of members and widows involved pre- The NPAR is the cornerstone of Government 1982 are aged and fast dwindling and in respect policy to create a society which accommodates of pre-1993 retirees who have been precluded cultural diversity and combats racism. I am satis- from the pensionability of unsocial hours allow- fied that through the reasonable and common ances where the proposal for closure would cost sense measures in the NPAR, and working coher- a mere fraction of the full cost of pensionability; ently with other government policy priorities, in and if he will make a statement on the matter. particular on equality and integration, we are [6441/07] creating the conditions for a positive acceptance Ta´naiste and Minister for Justice, Equality and and understanding of our culturally diverse Law Reform (Mr. McDowell): The subject matter society of this question is before the courts and it would be inappropriate for me to comment on the Prisoner Releases. matter. 35. Mr. Crowe asked the Ta´naiste and Minister for Justice, Equality and Law Reform if he will Question No. 33 answered with Question implement the recommendations of the Human No. 22. Rights Commission to introduce legislation that transfers the function of release of prisoners serv- Anti-Racism Measures. ing life sentences from his office to an indepen- 34. Mr. Curran asked the Ta´naiste and Mini- dent body. [6816/07] ster for Justice, Equality and Law Reform if he is satisfied that his Department’s National Action Ta´naiste and Minister for Justice, Equality and Plan Against Racism is a success; and if he will Law Reform (Mr. McDowell): The recommend- make a statement on the matter. [6797/07] ation in question of the Irish Human Rights Com- mission is based on the premise that our existing Ta´naiste and Minister for Justice, Equality and law on the temporary release of prisoners sen- Law Reform (Mr. McDowell): I would refer the tenced to life imprisonment is incompatible with Deputy to my reply to Da´il Question No. 79 of the European Convention on Human Rights. 7 December, 2006 where I outline in detail the There has been no specific finding of a court to progress made under the National Action Plan this effect and my advice is that premise is ques- Against Racism (NPAR) since its launch in tionable. The question of the compatibility of our January 2005. law in this area with the European Convention I am sure that the Deputy will agree that con- on Human Rights is the subject of current liti- siderable progress has been made under all of the gation and the State is vigorously contesting the key objectives of the intercultural framework matter. underpinning the NPAR: Protection, Inclusion, Previous judgements in the Irish Courts have Provision, Recognition and Participation. I am found that the management of prison sentences 499 Questions— 22 February 2007. Written Answers 500

[Mr. McDowell.] searches made by Gardaı´ in the Dublin metro- is a matter for the Executive and under current politan area under Operation Anvil; and if he will legislation I, as Minister for Justice, Equality and make a statement on the matter. [6796/07] Law Reform, am entrusted with the power to grant temporary release to a sentenced prisoner. 55. Mr. Carey asked the Ta´naiste and Minister New legislation in the form of the Criminal for Justice, Equality and Law Reform if he will Justice (Temporary Release of Prisoners) Act, report on Operation Anvil; and if he will make a 2003, was commenced in late 2004. The Act pro- statement on the matter. [6790/07] vides a clearer legislative basis for the power to grant temporary release by setting down the prin- Ta´naiste and Minister for Justice, Equality and ciples which apply to the exercise of this power Law Reform (Mr. McDowell): I propose to take and provides a clear and transparent basis, as well Questions Nos. 37 and 55 together. as the necessary safeguards required, for the Operation Anvil commenced in the Garda operation of the system of temporary release. The Dublin Metropolitan Region (DMR) on 17 May, power of release has been retained by the Mini- 2005. It is an intelligence led policing initiative, ster for Justice, Equality and Law Reform under the focus of which is the targeting of active crimi- the Act. nals and their associates involved in serious crime The Interim Parole Board, which replaced the by preventing and disrupting their criminal activity through extensive additional overt patrol- Sentence Review Group, was established on an ling and static check points by uniform, mobile administrative basis in April, 2001. The Board’s and foot patrols, supported by armed plain principal function is to advise me in relation to clothes patrols. The Operation remains in place the administration of long term prison sentences. and is on-going in the DMR. The Board, by way of recommendation to me, Operation Anvil is central to the strategy of the advises of the prisoner’s progress to date, the Garda Sı´ocha´na in combating serious crime and degree to which the prisoner has engaged with in particular murder. The Operation has proved the various therapeutic services and how best to to be very successful in disrupting the criminal proceed with the future administration of the sen- activities of a number of key criminal gangs. It tence. I consider in full all recommendations put has resulted in a number of high-profile arrests before me by the Interim Parole Board before and the acquisition of intelligence on the move- making the final decision regarding sentence ments of criminals. Notable improvements have management. been achieved in the recorded number of inci- The question of the establishment of the Parole dents of crime being targeted by the Operation. Board on a statutory basis is being kept under In particular, crime statistics for the fourth quar- review, taking into account the experience gained ter of 2006 showed an increase of 34% in detec- over a number of years by the operation of the tions of possession of firearms which contributed Board on an administrative basis. There are, to the reduction of 3.4% in discharges of firearms. however, no plans to introduce legislation that Operation Anvil has also contributed to the transfers the function of release of prisoners serv- increase in that quarter of detections of offences ing life sentences to the Board or any other body. of possession of drugs for sale or supply which is closely associated with many murders using Garda Investigations. firearms. The most recent figures available to me, up to 36. Mr. McGinley asked the Ta´naiste and 11 February, show the massive effect which Oper- Minister for Justice, Equality and Law Reform if ation Anvil has been having since its inception he will report on the investigation into the killing in May 2005. In the Dublin Metropolitan Region of a person (details supplied) in County Donegal; there have been 7,488 arrests for serious crimes, and if he will make a statement on the matter. comprising of 69 arrests for murder, 1,916 arrests [6761/07] for burglary, 880 arrests for robbery and 879 arrests for serious assaults. There have also been Ta´naiste and Minister for Justice, Equality and 1,793 arrests for theft offences. In addition 27,804 Law Reform (Mr. McDowell): I am informed by searches have been carried out, comprising 24,177 the Garda authorities that the Garda investi- for drugs, 2,168 for thefts and 1,459 for firearms. gation into the murder of the person in question Also 631 firearms have been seized and there remains ongoing. I am further informed that this have been 9,533 seizures under Section 41 of the investigation involves local Garda resources sup- Road Traffic Act. Over 49,900 checkpoints have plemented and assisted by resources from been carried out and property to the value of national Garda units, as well as close liaison with \16.2m has been recovered. the Police Service of Northern Ireland. I am sure that all members of the House will join me in commending An Garda Sı´ocha´na for their success in this regard. Garda Operations. While the Deputy’s question refers to Dublin, 37. Mr. Curran asked the Ta´naiste and Mini- I should mention that Operation Anvil was ster for Justice, Equality and Law Reform the extended nationwide during 2006 and consists of number of checkpoints, arrests, seizures and a series of special operations, proposed by each 501 Questions— 22 February 2007. Written Answers 502

Regional Assistant Commissioner, which are Recidivism Rate. designed to focus on areas where there is a high 38. Mr. Stagg asked the Ta´naiste and Minister incidence of crime. for Justice, Equality and Law Reform if his atten- The Operation outside the DMR is signifi- tion has been drawn to the findings of recent cantly different from that in the DMR, in that research undertaken by the UCD Institute of initiatives have a short time-focus and are designed to address the particular needs of spec- Criminology which found that more than a quar- ific areas. A number of operations have been ter of the State’s prisoners were back in jail completed, while further operations are on-going. within a year of their release; his views on this The methodologies utilised in doing this vary rate of recidivism; the steps he will take to deal from area to area and from time to time, com- with same; and if he will make a statement on the mensurate with the assessed need. For these matter. [6847/07] reasons there is no comparable system in place for the systematic collation of statistical data in Ta´naiste and Minister for Justice, Equality and these Garda Regions. Law Reform (Mr. McDowell): I welcome the Operation Anvil is, of course, only one element findings of the recent research by the Institute of of the unprecedented resources being made avail- Criminology in University College Dublin to able in the fight against crime. which the Deputy refers. I can inform the Deputy I have made it clear to the Garda Com- that the Researchers received the full co-oper- missioner that Operation Anvil will continue to ation of the Irish Prison Services in carrying out be funded to the extent and as long as the Com- the research. missioner considers that it is necessary to do so The findings are in line with international and it is fulfilling its objectives. experience, and I understand that they may in The following tables show the successes of fact be considered to fall in the mid to lower Operation Anvil. range internationally. I can assure the Deputy that every effort is being made by my Depart- Operation Anvil in the Dublin Metropolitan Region up to 11 ment to continue to address and reduce the rate February 2007 of recidivism. The Prisons and Probation Services provide a range of rehabilitative programmes Arrests which have the dual purpose of providing pris- Murder 69 oners with purposeful activity while serving their Burglary 1,916 sentences and encouraging and equipping them Robbery offences 880 to lead non-offending lives on release. The Irish Prison Service is committed to help- Serious assaults 879 ing prisoners to develop their sense of responsi- Theft from shops* 1,379 bility and encouraging those attitudes and skills Theft from MPV* 110 which will assist them to return to society with Theft other* 304 the best chance of leading law abiding and self- supporting lives after release. The Irish Prison Total Arrests 5,537 Service employs a number of means to encourage prisoners to bring about positive development Searches within themselves, including: Drugs 24,177 Thefts 2,168 • individual and group counselling on offend- ing issues; Firearms 1,459 • programmes in the areas of education, Total Searches 27,804 vocational training and life-skills;

Seizures • drug treatment; Firearms 631 • specific programmes to address criminog- Section 41 (Road Traffic Act) 9,533 enic factors (Thinking Skills, Anger Man- agement and Sex Offenders Treatment Total Seizures 10,164 Programmes); Number of Checkpoints Performed 49,900 • one-to-one counselling and support; and \ Value of property recovered 16,189,194 • facilitating the involvement of voluntary * These statistics commenced from 25 September 2006. organisations in providing appropriate pris- oner support services.

Outside the Dublin Metropolitan Region These interventions are delivered by a wide range of specialist services that operate in the prison Persons Arrested 4,954 system, which include, psychologists, teachers, Firearms Seized 315 Probation Service and Prisons staff. I wish to further advise the Deputy that a (Figures up to 28 January, 2007). group to examine the elaboration of Positive Sen- 503 Questions— 22 February 2007. Written Answers 504

[Mr. McDowell.] National Women’s Strategy has been finalised; if tence Management has reported to the Director not, when he expects it to be finalised; when he General of the Irish Prison Service. Their Report will publish the strategy; and if he will make a details a proposed model of sentence manage- statement on the matter. [6867/07] ment based on multidisciplinary working. The National Development Plan also provides signifi- Ta´naiste and Minister for Justice, Equality and cant new funding for the implementation of this Law Reform (Mr. McDowell): I propose to take Report throughout the prison estate. This will Questions Nos. 39 and 47 together. involve a new orientation in the delivery of The National Women’s Strategy is currently services to prisoners and a new emphasis on pris- being finalised with a view to bringing it to oners taking greater personal responsibility for Government shortly, and, in this regard, the tar- their own development through active engage- get date for publication of the Strategy is by end ment with both specialist and non-specialist of March 2007. While the preparation of the services in the prisons. The end result should be Strategy has been time-consuming, it has involved a prisoner-centred, multidisciplinary approach to a significant amount of research and consultation working with prisoners with provision for initial with a view to preparing a comprehensive assessment, goal setting and periodic review to strategy that will resonate with all the women of measure progress. Central to this process will be Ireland. I believe that the Strategy, when pub- a focus on reducing the risk of reoffending. Pilot- lished, will provide a solid road map for the ing of this project is ongoing in two prisons. achievement of true gender equality in Ireland. In addition to prison based programme for offenders, my Department through the Probation Prison Redevelopment. Service fund 65 voluntary bodies which provide a range of services to offenders in local communi- 40. Mr. Gormley asked the Ta´naiste and Mini- ties, e.g. pre-industrial training and education, ster for Justice, Equality and Law Reform if he offender management programmes, residential will make a statement on the future of Shangan- accommodation, drug and alcohol abuse agh Prison and lands in the council of Du´ n treatment/intervention/awareness programmes, Laoghaire Rathdown; the details of the prospec- work with offenders in custody and post release, tive purchaser; the amount paid to the lands; if as well as providing a vital ingredient of a this sum has been paid; if the lands were offered focussed day time programme for those found for sale to the County Council; if so, when; and if guilty of criminal offences by the courts and he will make a statement on the matter. placed on supervision to the Probation Service. [6863/07] In 2007, the budget allocation for ‘Assistance to Voluntary Bodies’ to support Probation Service Ta´naiste and Minister for Justice, Equality and in the management of offenders in the com- Law Reform (Mr. McDowell): Approximately 21 munity amounts to just over \24 m. acres of land was sold to Du´ n Laoghaire It may also be of interest to the Deputy to Rathdown County Council in 2005. Prison know that in preparing pre-sanction reports for Service Officials were at the time informed by the the Courts, Probation Officers undertake an Council that it had no interest in the remaining assessment of the risk posed to the public by an 6.3 acres including the buildings, which were sub- offender. As part of a policy of improving their sequently sold by public tender competition in service to the Courts and in line with other Pro- October, 2006 to Castlethorn Construction for bation and Correctional Services in other juris- \20.6m. Following the disposal of the 6.3 acres dictions, the Probation Service has introduced a the Prison Service no longer has any interest in risk assessment tool known as the Level Of the lands at Shanganagh Castle. Service Inventory revised (LSI-R). This tool The proceeds from the sale of the lands at measures the risk of reoffending in each case and Shanganagh Castle covers the cost of acquiring identifies the criminogenic factors that contribute the 150 acre site in North County Dublin to facili- to the offending, such as drug and alcohol misuse tate the new prison development at Thornton and can inform the appropriate intervention Hall which will replace the Mountjoy Prison needed. I should also add that Risk Assessment Complex. tools are also in use in the prison system. Garda Recruitment. National Women’s Strategy. 41. Mr. Howlin asked the Ta´naiste and Mini- 39. Mr. Boyle asked the Ta´naiste and Minister ster for Justice, Equality and Law Reform when, for Justice, Equality and Law Reform the status in regard to his announcement of 19 December of the National Women’s Strategy; when the 2006, the promised additional garda will be strategy will be published; and if he will make a recruited; when the extra Garda Reserve statement on the matter. [6859/07] members will be in place; when the proposed civ- ilianisation of Garda posts will take place; the 47. Mr. Stanton asked the Ta´naiste and Mini- number involved in respect of each; and if he will ster for Justice, Equality and Law Reform if the make a statement on the matter. [6852/07] 505 Questions— 22 February 2007. Written Answers 506

Ta´naiste and Minister for Justice, Equality and Preparations are at an advanced stage to com- Law Reform (Mr. McDowell): The combined mence the recruitment of a civilian Chief Admini- strength of both attested Gardaı´ and recruits in stration Officer in An Garda Sı´ocha´na, at a grade training as at the 31 December 2006 was 14,068. equivalent to Deputy Commissioner. An Garda Furthermore, in December, 2006 as part of a Sı´ocha´na is also in the process of recruiting senior package of anti-crime measures, the Government civilian managers as Directors of Communi- approved the continuation of the existing Garda cations, Strategy, Human Resources, Finance and recruitment programme to achieve a total Garda Information Technology. A dedicated Human strength of 15,000. Additional resources are com- Resource Directorate has been established within ing on stream all the time, with an accelerated An Garda Sı´ocha´na to serve the needs of the intake of approximately 1100 new recruits per 2,000 clerical, administrative, professional, techni- annum into the Garda College which will con- cal and industrial civilian staff already working in tinue until the target of 15,000 is met. An Garda Sı´ocha´na and to promote an extensive I also announced a proportionate increase in programme of civilianisation. The result will be a the targeted strength of the Garda Reserve from visible increase in the number of Gardaı´ on the 900 to 1500. The Garda Commissioner is pro- streets and the concentration of Garda resources in the fight against crime. ceeding with the recruitment and training of the 1,500 members of the Garda Reserve. The first group of 36 Garda Reserves completed their Prison Committals. training and were formally attested as members 42. Mr. Neville asked the Ta´naiste and Minister of An Garda Sı´ocha´na in December 2006. The for Justice, Equality and Law Reform his views second group of 52 commenced training in the on and proposals for action in relation to the out- Garda College at Templemore in January 2007. come of the study by a team led by the director It is expected that they will be attested in May. of the Central Mental Hospital which revealed Training for the next group of Reserve trainees that 60% of female prisoners and 35% of male is scheduled to commence in early March and it prisoners have experienced a mental illness at is expected that they would be attested in June. some stage in their lives and criticised the use of It is also expected that further groups of Reserve prisons as psychiatric waiting rooms. [6765/07] trainees will commence training on a monthly basis. As the nature of the scheme is purely vol- Ta´naiste and Minister for Justice, Equality and untary, I cannot definitively say what any part- Law Reform (Mr. McDowell): The study referred icular monthly intake of volunteers will be, as to by the Deputy was undertaken in 2003 by a Garda Reserve trainees will have work, family team from the Central Mental Hospital. The Irish and other commitments to take account of. An Prison Service was pleased to facilitate and part- Garda Sı´ocha´na is offering maximum flexibility fund this study. I welcome the findings which in this regard to accommodate those who wish to clarify for the first time the actual level of various put themselves forward for service. While, I am mental health problems among the Irish prison satisfied generally with the progress being made population. The findings of the study confirm that in the recruitment and training of Reserve the rates of diagnosed mental illness among pris- oners are significantly higher than in comparable members, I consider that the process of initial community populations. This finding is common recruitment can be made more efficient if it is to prison populations in many jurisdictions. given a local dimension. In that context, I have The study found that drugs and alcohol depen- asked the Garda Commissioner, and he has dence and harmful use were by far the most com- agreed, to involve local Garda Superintendents mon problems, present in between 61% and 79% directly in local recruitment arrangements to of prisoners. The rate of mental illness ranged attract suitable candidates from the local com- from 16% of male committals to 27% of sen- munity. This will assist in ensuring that the 1,500 tenced men, while in women committed to prison target is reached as soon as possible. the rate was 41%, with 60% of sentenced women The programme to expand the civilian com- having a mental illness. plement of An Garda Sı´ocha´na, in order to bring The Irish Prison Service must accept all per- civilian support in the Force up to best inter- sons committed into their custody on foot of legal national standards, is proceeding apace. In orders of the Court. A person committed to December 2006, I announced Government prison may have or develop a mental illness. The approval for 300 additional civilian support staff Irish Prison Service is committed to healthcare for An Garda Sı´ocha´na to release an equal standards comparable with those pertaining in number of Gardaı´ from administrative duties and the wider community outside prison. Prisoners free them up for operational policing duties. The have access to medical, nursing, psychiatric and Garda Commissioner has signed a Service Level psychological services within the prison system. Agreement with the Public Appointments Service The psychiatric needs of prisoners are serviced by for the provision of up to 50 new candidates each visiting psychiatrists. week to be offered positions in An Garda Sı´och- The Criminal Law (Insanity) Act, 2006 pro- a´na until the 300 Clerical Officer posts are filled. vides that where on the basis of medical assess- 507 Questions— 22 February 2007. Written Answers 508

[Mr. McDowell.] of gun murders recorded to date in 2007; the steps ment, a prisoner is considered to require special- being taken to deal with these crimes; and if he ist treatment that cannot be provided in prison will make a statement on the matter. [6821/07] that prisoner may be transferred to a designated centre for treatment. The Central Mental 73. Mr. Gilmore asked the Ta´naiste and Mini- Hospital is currently the only such designated ster for Justice, Equality and Law Reform the centre. Due to increased demand on this facility number of cases of murder in which firearms from various sources in recent years it has fre- were used in respect of each year from 1998 to quently been the situation that a waiting list date in 2007; the number of such cases in which occurs for admission and priority is on clinical prosecutions for murder were initiated; the need. This situation arises in spite of general number of such cases where convictions were agreement regarding the necessity for admission secured; if he has satisfied himself with the level and, while awaiting a bed to become available, of detection and conviction in such cases; and if the prison authorities may be left with no alterna- he will make a statement on the matter. tive but to seek to manage a disturbed individual [6825/07] in conditions which provide the greatest degree of protection for the individual, for other pris- Ta´naiste and Minister for Justice, Equality and oners, and for staff. Law Reform (Mr. McDowell): I propose to take As the Deputy will be aware the question of Questions Nos. 44 and 73 together. resources for the Central Mental Hospital is a I am informed by the Garda authorities that matter for the Health Service Executive. My the table shows the numbers of murder offences Department is working closely with the Depart- recorded where a firearm was used and the ment of Health and Children and the Health numbers of detections, proceedings commenced Service Executive with a view to ensuring that the and convictions in respect of those murders necessary mental health facilities are available to between the years 1998 and 2006 and in 2007 up prisoners and that any prisoner deemed to to 19 February. It is anticipated that the number require in-patient mental health treatment does of convictions obtained will increase as the not encounter unreasonable waiting times in number of proceedings commenced are finalised prison awaiting any such transfer. Furthermore by the courts. the Irish Prison Service has promoted the inte- Operation Anvil is central to the strategy of the gration of prison based mental health structures Garda Sı´ocha´na in combating serious crime and and provision with community structures in sur- in particular murder. The Operation, which com- rounding areas and are engaged in an on-going menced in the Dublin Metropolitan Region in process with the Health Service Executive aimed May, 2005 and was subsequently extended at promoting such integration at a practical level. nationwide at my request, has proved to be very This will require the active involvement of local successful in disrupting the criminal activities of services. If it is considered that specific or dedi- a number of key criminal gangs. It has resulted in cated community structures are required to facili- a number of high-profile arrests and the acquis- tate such integration this issue would come within ition of intelligence on the movements of crimi- the remit of the Department of Health and Chil- nals. Notable improvements have been achieved dren / Health Service Executive. in the recorded number of incidents of crime I should also advise the Deputy that specialist being targeted by the Operation. In particular, I in-reach services to address mental health prob- am pleased to note the increase of 34% in detec- lems are being expanded in cooperation with the tions of possession of firearms in the fourth quar- relevant health agencies. In addition, the Irish ter of 2006 which I believe has contributed to the Prison Service is in the process of implementing reduction of 3.4% in discharges of firearms. I the Drugs Policy & Strategy — ‘Keeping Drugs believe that Operation Anvil has also contributed Out of Prisons’ and this is intended to signifi- to the increase in that quarter of detections of cantly improve the coordination and resources offences of possession of drugs for sale or supply available to support prisoners seeking to address which is closely associated with many murders their substance misuse problems while in prison. using firearms. In this context a range of expanded services in the area of Drug Treatment are in the process of In addition to the introduction of Operation being implemented. Anvil, the Garda Commissioner in November 2005 augmented the Organised Crime Unit at the Question No. 43 answered with Question National Bureau of Criminal Investigation with No. 23. additional Garda members to address the prob- lem of criminal gang activity. Enforcement by the Unit has resulted in further firearms being seized Crime Levels. and a number of persons arrested, thereby dis- 44. Ms Burton asked the Ta´naiste and Minister rupting their criminal activities. There has also for Justice, Equality and Law Reform the number been an increase in Garda monitoring and tar- of gun murders recorded in 2006; the way this geting of individuals and groups involved in compares with the figures for 2005; the number armed crime in particular. 509 Questions— 22 February 2007. Written Answers 510

A wide range of provisions to combat gun • A proportionate increase in the targeted crime were introduced in the Criminal Justice strength of the Garda Reserve from 900 Act, 2006. With effect from 1 November, manda- to 1500; tory minimum sentences, of between five and ten • Increased staffing for the Forensic Science years, came into effect for certain firearms Laboratory, the office of the Director of offences, including possession of a firearm in sus- Public Prosecutions and the Courts Service; picious circumstances, possession of firearm with criminal intent, possession of a firearm with • No limit on funds available for the Witness intent to endanger life or cause serious injury to Protection Programme. property, possession of a firearm while hijacking I have recently announced that the Government a vehicle, and use or production of a firearm to agreed a package of legislative proposals to coun- resist arrest. ter the threat posed by gangland activity, On 19 December last, the Government agreed especially in relation to drug trafficking and fire- my proposals for an unprecedented package of arms. These legislative proposals are in addition measures which includes: to the substantial package of additional resources • A further increase of 1,000 in the strength for the Gardaı´ which the Government agreed in of An Garda Sı´ocha´na to bring the total to December last. Targeted Garda measures such as 15,000 over the next three years; Operation Anvil will also continue to focus on gangland crime. The package amends several • Sanction for 300 additional civilian admin- areas of law directly relevant to the Garda fight istrative support posts for An Garda against gangland crime. Sı´ocha´na; I am informed by the Garda authorities that in • The recruitment of the 7 senior civilian common with the experience in other juris- posts recommended in the recent reports dictions murders involving the use of firearms tend to have lower conviction rates than other from the Garda Inspectorate and Senator murders. This is not unique to Ireland. I am Maurice Hayes; assured by the Garda Commissioner that the • An increase in the retirement age for highest priority is given by An Garda Sı´ocha´na to Gardaı´, Sergeants and Inspectors from 57 the investigation of murders and the detection of to 60; those responsible.

Murder offences Recorded, Detected, Proceedings Commenced and Convictions where a Firearm was used for Years 1998 to 2007*

Year Recorded Detected Proceedings Convictions Commenced

2007* (up to 19 February) 2 0 0 0 2006* 27 10 5 0 2005 21 4 2 1 2004 9 8 5 4 2003 20 11 4 2 2002 10 5 4 3 2001 9 6 2 2 2000 12 7 6 2 1999 12 7 7 5 1998 4 3 2 1 *Figures provided are provisional/operational and liable to change.

Garda Investigations. time limit placed by me on its important deliber- ations. However I can say that there is regular 45. Mr. Rabbitte asked the Ta´naiste and Mini- and ongoing contact between the Group and ster for Justice, Equality and Law Reform if he officials from my Department. In that context the has received a report from the expert group Group has, with my agreement, taken the time to established in view of concerns arising from the allow it to comprehend the detention module of Dean Lyons case; if a deadline has been set for the Morris Tribunal in its work. As the Deputy the work of the group; and if he will make a state- may be aware those hearings, which deal exten- ment on the matter. [6838/07] sively with the question of detention of suspects, have not yet fully concluded. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The work of the Property Management Companies. Expert Group to which the Deputy refers is ongoing and there was never a specific formal 46. Mr. Stagg asked the Ta´naiste and Minister 511 Questions— 22 February 2007. Written Answers 512

[Mr. Stagg.] mentation as soon as possible. In particular, the for Justice, Equality and Law Reform if, in regard committee will have regard to the recom- to his comments to a Law Reform Commission mendations for legislative reforms contained in conference on 25 January 2007, he will outline his the Law Reform Commission’s forthcoming proposals for a high level group to consider how Report on Multi-Unit Developments. best to regulate the operation of property man- agement companies; if the membership of the Question No. 47 answered with Question group has been finalised; if the terms of reference No. 39. for the group have been agreed; when the group is expected to report; and if he will make a state- Proposed Legislation. ment on the matter. [6848/07] 48. Mr. Penrose asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform if, in Law Reform (Mr. McDowell): Issues relating to regard to his recent speech to a conference hosted multi-unit developments and the operation of by the Law Society, he will outline his proposals property management companies were discussed for the introduction of detention centres for what at a Conference organised by my Department he described as high risk asylum seekers; the nat- and the Law Reform Commission on 25 January. ure of the proposed detention centres; the reason The Conference provided an opportunity for a he is bringing forward this proposal at a time preliminary discussion of the wide range of policy when the number of asylum seekers has fallen to issues identified in the Law Reform Com- a ten year low; and if he will make a statement mission’s Consultation Paper on Multi-Unit on the matter. [6846/07] Developments. A consultation process is cur- rently under way in relation to the draft recom- Ta´naiste and Minister for Justice, Equality and mendations contained in the Paper and the Com- Law Reform (Mr. McDowell): As I outlined in mission intends to publish a Report containing its my address of 27 January 2007 at a public interest definitive recommendations for reform later this seminar in the Law Society on the soon to be year. published Immigration, Residence and Protection The Consultation Paper makes it clear that sol- Bill 2007, I am considering including in this Bill utions to the difficulties arising in this area will provisions for detaining certain protection claim- require action across a broad range of policy ants, with a view to processing their claims areas, including the planning and development quickly and efficiently to finality. code, company law, consumer protection law and Processing certain categories of protection the development of regulatory structures. In applicants in a closed centre with all the necessary recognition of this, and the cross-cutting nature services on site — first instance decision, appeal, of many of the issues, the Government has legal services and interpretation as well as accom- approved the establishment of a high-level inter- modation and other supports — will mean speed- departmental committee to assist in the develop- ier decision making and, of course, the faster inte- ment of a coherent and comprehensive legislative gration of genuine refugees into our society. For response to the difficulties arising in relation to those claims which, after a fair and speedy con- property management companies. sideration, turn out to be without foundation, as The committee, which will hold its first meeting in the region of some 90% do, the removal from early next month, comprises representatives of the State of the claimants will happen as soon as the following Departments and Offices: possible thereafter. This is unlike the present situation whereby • Department of Enterprise, Trade and large numbers of applicants who are admitted to Employment; the State solely for the purpose of having their • Department of the Environment, Heritage asylum applications processed, and who are and Local Government; found after a fair and efficient determination pro- cess to have no protection needs, simply fail to • Department of Finance; turn up for deportation or to avail of a voluntary • Department of Justice, Equality and Law return alternative. The taxpayer is investing large Reform; amounts of resources in processing these claims as well as in the provision of accommodation and • National Consumer Agency; other support services. • Office of the Attorney General; The same high standards of procedural fairness will apply as to normal investigations and no-one • Office of the Director for Corporate will be sent away from the State who has a Enforcement, and genuine entitlement to protection here. As I indi- cated, all the established appeals procedures and • Office of Public Works. services such as access to interpretation facilities A key task of the committee will be to identify and legal assistance will remain in place. the key legislative and administrative actions to I am mindful of the fact that UNHCR figures be taken and to determine a timescale for imple- illustrate that an enormous proportion of the 513 Questions— 22 February 2007. Written Answers 514 world’s actual refugees are hosted by poverty- Nevertheless, I do accept that a number of our stricken countries next door to countries where prisons are in a fairly poor state, particularly persecution and civil strife have caused them to Mountjoy and Cork Prisons. This is being rem- flee. Many of those who come to Ireland to claim edied by constructing new facilities in Dublin and protection do not come from such trouble-spots Munster. The new facilities will, in addition, offer and are found not to be subject to persecution, significant improvements in the areas of work but have paid people-smugglers to come here and training, education and medical services as well make claims that turn out to be spurious. This as providing predominantly single cell accom- does a disservice to Ireland as host; but more modation with in-cell sanitation facilities. These importantly, it does a disservice to those who are are major undertakings involving replacement of in genuine need of Ireland’s protection because close to 40% of the entire prison estate. such groundless claims only seem to slow down the system for genuine applicants. I believe that Closed Circuit Television Systems. detention in limited circumstances will both 50. Mr. English asked the Ta´naiste and Mini- increase the efficiency of our system and help ster for Justice, Equality and Law Reform the protect the integrity of that system. number of closed circuit television systems being There are similar detention mechanisms cur- monitored by An Garda Sı´ocha´na on a 24 hour rently operating with success in the Netherlands basis; the number of CCTV systems being moni- and the United Kingdom. A more detailed out- tored by on An Garda Sı´ocha´na on a part-time line of my legislative proposals will follow in due basis; the number of CCTV systems not being course and in the normal way. monitored by An Garda Sı´ocha´na; and if he will make a statement on the matter. [6866/07] Prison Accommodation. 49. Mr. Sargent asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform the Law Reform (Mr. McDowell): I am informed by position regarding conditions in Mountjoy Prison; the Garda authorities that Garda Town Centre CCTV Systems have been installed in the follow- if and the way the problem of overcrowding at ing locations: the prison has been alleviated since the summer since months of 2006; and if he will make a state- • Dublin North Central — 44 cameras — ment on the matter. [6857/07] monitored at the Garda Office, O’Connell Street; Tanaiste and Minister for Justice, Equality and ´ • Dublin South Central — 25 cameras — Law Reform (Mr. McDowell): The Deputy may monitored at Pearse Street Garda Station; be aware that on 1 September, 2006 I directed that Wheatfield Prison and the Midlands Prison • Cork City — 29 cameras — monitored at operate as committal prisons for certain male Anglesea Street Garda Station; adult prisoners sentenced by courts in designated • Tralee — 24 cameras — monitored at counties. The effect is that Mountjoy’s committal Tralee Garda Station; responsibility was reduced to Dublin City and County. Following this designation the number of • Galway — 18 cameras — monitored at Mill new committals to Mountjoy has reduced signifi- Street Garda Station; cantly. In the period 1 September, 2006 to 20 • Limerick — 24 cameras — monitored at February, 2007, thirty percent of the 927 new Henry Street Garda Station; committals to these prisons were to Wheatfield and Midlands prisons as outlined in the follow- • Bray — 13 cameras — monitored at Bray ing table. Garda Station; • Dundalk — 10 cameras — monitored at Institution Number of Committals Dundalk Garda Station; and •Du´ n Laoghaire — 8 cameras — monitored Mountjoy Prison 642 at Bray Garda Station. Wheatfield Prison 120 Midlands Prison 165 I am further informed that the Garda Traffic Management Centre, located at the Garda DMR Total 927 Headquarters, Harcourt Square, also has the ability to access and monitor cameras as required from the Pearse Street/Temple Bar and The daily average number of prisoners in custody O’Connell Street CCTV systems, as well as cam- in Mountjoy Prison from 1 September, 2006 to eras attached to Dublin City Council’s Traffic date is 464 compared to a bed capacity of 480. Management system. This represents on average a 96% occupancy Each of these CCTV systems is operated by the level. The refurbishment of the A2 and A3 land- Garda Sı´ocha´na and is equipped with technology ings of Mountjoy Prison is nearing completion to monitor, read and print images recorded by the which will provide an additional 50 single occu- system. For Garda operational reasons it would pancy cells. 515 Questions— 22 February 2007. Written Answers 516

[Mr. McDowell.] ing of the Bill which will be proceeding at the not be appropriate to indicate the precise moni- same time. toring arrangements at each location. However, in addition to monitoring of images in real time, Garda Strength. all images are recorded and can be reviewed at short notice when required. 52. Mr. Sherlock asked the Ta´naiste and Mini- While An Garda Sı´ocha´na do not have ster for Justice, Equality and Law Reform the responsibility for monitoring Community or other number of recruits who have graduated from the non-Garda CCTV Systems, there is a provision Garda Training College as full Garda members within the Garda CCTV Policy for local Garda since 6 June 2002; the number of gardaı´ who have management to view images on slave monitors retired, resigned or otherwise left the force since 6 June 2002; the number of fully qualified Gardaı´ from these non-Garda systems. at the latest date for which figures are available; I am committed to expansion of the Garda and if he will make a statement on the matter. CCTV programme and contracts have recently [6842/07] been signed for CCTV systems in Ballyfermot, Clondalkin and Tullamore. In addition, I recently Ta´naiste and Minister for Justice, Equality and announced that It planned that tenders will issue Law Reform (Mr. McDowell): I have been very shortly for further systems in Athlone, informed by the Garda authorities, who are Carlow, Castlebar, Clonmel, Drogheda, Dungar- responsible for the detailed allocation of van, Ennis, Kilkenny, Kinsale, Mullingar, Port- resources that the personnel strength of An laoise, Sligo, Tallaght, and Waterford. Garda Sı´ocha´na increased to a record 13,000 fol- lowing the attestation of 299 new members on Proposed Legislation. Thursday, 16 November, 2006. This compares 51. Ms B. Moynihan-Cronin asked the Ta´naiste with a total strength of 10,702 as at 30 June, 1997 and Minister for Justice, Equality and Law and represents an increase of 2,298 (or 21.5%) in Reform when the Judicial Council Bill is the personnel strength of the Force during that expected to be published; the consultation he has period. The personnel strength of the Force as at 31 January 2007 was 12,932. The Garda Budget had with members of the judiciary regarding the \ contents of the Bill; if he is concerned, in view of now stands at 1.4 billion, an 11% increase on 2006 and a 96% increase since 1997 in real terms. a recent case, that there is still no procedure for dealing with breaches of conduct by judges apart In October 2004, I announced that I was pro- from the impeachment process provided for ceeding with the Government’s promise to recruit 2,000 additional Gardaı´ over the life of the under the Constitution; and if he will make a Government and an implementation plan to statement on the matter. [6833/07] achieve that expansion was drawn up in consul- tation with the Commissioner. Ta´naiste and Minister for Justice, Equality and That plan envisaged a recruiting strategy that Law Reform (Mr. McDowell): As I indicated in would see the combined strength of the Force my reply to a similar Question (No. 16) on 7 reaching some 14,044 Gardaı´ (including trainees) December last, work on the Scheme of the by the end of 2006 and the current recruitment Judicial Council Bill is at an advanced stage of drive to increase the strength of the Garda Sı´och- development in my Department. I expect to be in a´na to 14,000 members, in line with the commit- a position to bring it to Government for approval ment in the Agreed Programme for Government, in the reasonably near future. The Bill will build is fully on target. A total of 1,125 recruits were on the Report of the Committee on Judicial Con- inducted to the Garda Training College in 2005, duct and Ethics chaired by the former Chief and a further 1,114 were inducted in 2006. The Justice Ronan Keane. That Report recognised overall strength of the Force, including recruits in the need for a procedure for dealing with com- training, on 31 December, 2006 was in fact some plaints of judicial misconduct which, while serious 14,068. in itself, might not warrant the ultimate sanction Furthermore, I should say that in December, of impeachment by the Oireachtas. 2006 as part of a package of anti-crime measures, Consultations on the proposed Bill have, as is the Government approved the continuation of usual in the development of any legislative pro- the existing Garda recruitment programme to posals, taken place with the Office of the achieve a total Garda strength of 15,000. The Attorney General. I have also considered it pru- accelerated intake of approximately 1,100 new dent, given the nature of the subject, to seek the recruits per annum into the Garda College will observations of the Chief Justice. I await those continue until this target is met. The Garda Com- observations. missioner will now be drawing up plans on how It is my intention that when the Scheme of the best to distribute and manage these additional Bill has been approved by Government, I will resources. make it available to the Joint Committee on Garda training involves 5 phases over a two Justice, Equality, Defence and Women’s Rights. year period. Phases I and V take place in the Any views that may emerge from the Joint Com- Garda College, Templemore and phases II and mittee can be taken into account during the draft- IV take place at Garda Stations to which trainees 517 Questions— 22 February 2007. Written Answers 518 are assigned. Phase III of training takes place at mental organisations in combating racism. both the Garda College and at a Garda station. [4318/07] Garda trainees are attested to the Force, and become serving members of the Force, on suc- Ta´naiste and Minister for Justice, Equality and cessful completion of phase III of their training. Law Reform (Mr. McDowell): My Department is Therefore the serving strength of An Garda responsible for co-ordinating the implementation Sı´ocha´na at any given time includes those who of the National Action Plan Against Racism have been attested following completion of phase (NPAR). The plan, which provides strategic III of their training but have not yet formally direction to combat racism and to develop a more graduated. Graduation takes place following the inclusive, intercultural society in Ireland, was fifth and final phase of training. launched in 2005 and will run until the end of I have been informed by the Garda authorities 2008. It is based on five pillars: protection, that the number of Gardaı´ (all ranks) who have inclusion, provision, recognition and partici- retired, resigned or otherwise left the force from pation. The Strategic Monitoring Group, which 6 June, 2002, to 20 February, 2007 was 2,010. In includes representatives from Government addition, I have been further informed that a bodies, the social partners and broader civil total of 3,174 new members have been attested to society, including representatives of minority communities, oversees its implementation. The An Garda Sı´ocha´na since 6 June, 2002 and 2,672 \ have graduated. NPAR core budget, of 1 million per annum, is used primarily to make strategic interventions in the implementation of the NPAR, to pursue spec- Commissions of Investigation. ific research or consultancy projects in particular 53. Ms Shortall asked the Ta´naiste and Minister sectors and to undertake public awareness/ infor- for Justice, Equality and Law Reform his views mation initiatives and grant schemes. on referring of the Report of the Commission of In January 2005, a total of \250,000 was allo- Investigation into the Dean Lyons case to the cated to 44 projects nationally as part of a grant Joint Committee on Justice, Equality, Defence scheme which was organized to coincide with the and Women’s Rights; and if he will make a state- launch of the NPAR. The scheme helped organis- ment on the matter. [6850/07] ations to raise awareness about racism and to highlight cultural diversity in Ireland. Ta´naiste and Minister for Justice, Equality and In September 2005, the Strategic Monitoring \ Law Reform (Mr. McDowell): The Order estab- Group allocated 275,000 to fund 45 projects lishing the Commission of Investigation which from NGOs and community groups in the sports, specified the matter to be investigated was recreation and arts areas. \ approved by resolution of both Houses of the In 2006, out of a total budget of 2 million \ Oireachtas on 30 November 2005 and 1 (which included an allocation of 1million from the integration fund), funding in the order of December 2005 respectively. When I published \ the Commission’s Report on 1 September 2006, I 110,000 was allocated to voluntary groups and sent a copy to the Expert Group which I estab- non-governmental organisations (NGOs) to com- bat racism. lished in the light of concerns arising from the I would add that my Department in 2006 pro- Dean Lyons case. The Group will be reporting to vided \5 million towards co-ordination of inte- me on the adequacy of Garda training, protocols, gration measures, which significantly contribute regulations and procedures, in assessing the fit- to combating racism. From that allocation, inte- ness of persons to be interviewed and on the gration projects to the value of \3 million for recording of any bona fide reservations of an indi- both local partnerships and NGOs were approved vidual member of a Garda investigation team as late last year and are currently in the process of to the truthfulness or accuracy of self-incriminat- implementation. ing statements. I have already stated publicly that In addition to funding voluntary groups and I will publish the Expert Group’s Report when it NGOs, my Department works with a broad range is available to me. Furthermore, the Report of of organisations in the development of policies to the Commission of Investigation has already been ensure long-term implementation of the the subject of comprehensive debate in Da´il NPAR’s goals. E´ ireann on 28 and 29 November 2006 and in ´ Seanad Eireann on the 13 December 2006. In Question No. 55 answered with Question these circumstances, I see no practical purpose in No. 37. seeking to have the matter referred to the Joint Committee at this time. Asylum Applications.

Anti-Racism Measures. 56. Mr. Stanton asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the 54. Mr. M. Higgins asked the Ta´naiste and number of applications for refugee status from Minister for Justice, Equality and Law Reform asylum seekers in 2006; the number of these the funding being made available by his Depart- applications which were initially decided in fav- ment to assist voluntary groups and non govern- our of the applicant; the number of same decided 519 Questions— 22 February 2007. Written Answers 520

[Mr. Stanton.] planes travelling through Shannon Airport; and if in favour following an appeal; the number of he will make a statement on the matter. people currently awaiting decision on their asy- [2801/07] lum or refugee status; the average length of time it takes to process an application; and if he will Ta´naiste and Minister for Justice, Equality and make a statement on the matter. [6868/07] Law Reform (Mr. McDowell): My Department has no role in conducting searches, random or Ta´naiste and Minister for Justice, Equality and otherwise, in the circumstances outlined in the Law Reform (Mr. McDowell): The information Deputy’s question. As the Deputy is aware, the requested by the Deputy is as follows: Garda Sı´ocha´na is responsible for the investi- gation of the commission, alleged or otherwise, of • In 2006 there were 4,314 applications for offences. Where the Garda Sı´ocha´na reasonably refugee status in the State which was a suspects that an offence is being committed, slight decrease on the 2005 figure and the statutory powers of entry and arrest are available, lowest annual total since 1997. The 2006 subject to national and international law. figure represents a 63% reduction on the The Garda Sı´ocha´na has investigated a range 2002 high of 11,634 asylum applications. of complaints of alleged unlawful activity at • In 2006 there were 397 recommendations Shannon Airport and, where appropriate, files to grant refugee status at first instance by have been submitted to the Director of Public the Office of the Refugee Applications Prosecutions. In all these cases, no further action Commissioner. was found to be warranted, owing to a lack of any evidence of unlawful activity. • 251 appeals in 2006 in the Refugee Appeals Tribunal resulted in refugee status being granted to applicants. Courts Service. • As at 31 December 2006, there were a total 58. Mr. Callely asked the Ta´naiste and Minister of 924 applications waiting decision in the for Justice, Equality and Law Reform if he has Office of the Refugee Applications Com- satisfied himself that the Gardaı´ are in a position missioner only some 47 of which are over to enforce orders by the Family Law Courts; and six months old. if he will make a statement on the matter. [6759/07] • There were a total of 2500 appeals out- standing in the Refugee Appeals Tribunal Ta´naiste and Minister for Justice, Equality and at the end of December 2006. The high Law Reform (Mr. McDowell): I am informed by number of appeals outstanding in RAT is the Garda authorities that Section 8 of the the result of the need to develop a new Enforcement of Courts Orders Act 1940 as system for accessing decisions by appellants amended by the Family Law (Maintenance of as a result of a Supreme Court judgment. Spouses and Children) Act 1976 provides that Arrangements are now in place in the Tri- where the maintenance debtor is in arrears on bunal to process cases on hands as payments, a District Judge may, if he thinks expeditiously as possible. proper, direct that the sums payable be levied by In relation to processing times, I can inform the distress, i.e. seizure and sale of his goods. Also a Deputy that average processing times for prior- maintenance debtor can be imprisoned for up to itised applications to the end of January 2007 three months for default in making maintenance have been 18 working days at ORAC and 15 payments. working days at RAT. Some 40% of all appli- I am further informed that with regard to cations are currently covered by the prioritised breaches of Safety Orders, Barring Orders, caseload provisions. Interim Barring Orders and Protection Orders, In respect of non-prioritised applications, dur- section 18 of the Domestic Violence Acts 1996 ing 2006 the interview date in ORAC was nor- and 2002 provide that, where a member of the mally within 25 working days of the application Garda Sı´ocha´na suspects that there has been a date. Consideration of the application by ORAC contravention of the terms of an Order under the was normally completed within a further 20 to 25 Act by the respondent, on a complaint being working days. made to him / her in that regard by, or on behalf The average length of time taken by the Refu- of the applicant, the member may arrest the gee Appeals Tribunal (RAT) to process and com- respondent without warrant. For that purpose, plete substantive appeals received in 2006 was the member may enter, if need be by force, and approximately 15 weeks. search any place where he suspects the respon- dent to be. Section 23 of the Enforcement of Court Orders State Airports. Act, 1926 provides that all orders of any Court for 57. Mr. Costello asked the Ta´naiste and Mini- the arrest, attachment or committal of any person ster for Justice, Equality and Law Reform if his shall be executed by members of the Garda Department has a role in conducting random Sı´ocha´na, and no such order shall henceforth be searches of US war planes or CIA operated executed by an under-sheriff and no person shall 521 Questions— 22 February 2007. Written Answers 522 be arrested or taken into custody under any such Departmental Correspondence. order otherwise than by a member of the Garda 60. Mr. Quinn asked the Ta´naiste and Minister Sı´ocha´na. for Justice, Equality and Law Reform if he has Where orders are made by the Courts directing received correspondence from the Chief Justice a course of action by An Garda Sı´ocha´na they in regard to statements he made in which he are complied with, where it is possible to do so. referred to 24 associates of a deceased criminal In the event that the order cannot be executed having been arrested and 23 of them being the matter is returned to the Court for direction. granted bail despite objections from the Garda; if he has replied to such correspondence; and if he Tribunals of Inquiry. will make a statement on the matter. [6843/07] 59. Aengus O´ Snodaigh asked the Ta´naiste and Minister for Justice, Equality and Law Reform Ta´naiste and Minister for Justice, Equality and if barristers and solicitors working on tribunals Law Reform (Mr. McDowell): I refer the Deputy established before 2007 will have their rates to my reply to PQ Nos. 422, 464 and 465 of 31 reduced to those set in 2004 which were to apply January 2007. to tribunals from 1 January 2007. [6810/07] Garda Code. 130. Mr. Durkan asked the Ta´naiste and Mini- 61. Mr. Gogarty asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the ster for Justice, Equality and Law Reform the daily standard rate of remuneration for senior or dates for the most recent updates to the Garda junior counsel, barristers or solicitors involved in code; the summary of those changes; and if he tribunals which fall under the remit of his Depart- will make a statement on the matter. [6864/07] ment; and if he will make a statement on the matter. [7085/07] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been Ta´naiste and Minister for Justice, Equality and informed by the Garda authorities that the Garda Law Reform (Mr. McDowell): I propose to take Code is published in two volumes. Volume I Questions Nos. 59 and 130 together. relates to managing a modern police service. The There are currently two sitting Tribunals which most recent edition of Volume I was issued in come under the aegis of my Department; the August, 2005. Volume II relates to financial Morris Tribunal and the Smithwick Tribunal. matters. The most recent edition of Volume II Insofar as the Morris Tribunal if Inquiry is con- was issued in December, 1994. Updates of the cerned, I can inform the Deputies that the revised Garda Code are circulated by way of H.Q. fees were to be introduced from October 2006. Directives, as the need arises. However, following consideration of a request Each member of An Garda Sı´ocha´na has been from the Tribunal, the Government decided in issued with a personal copy of the Garda Code to June 2006 to extend the Tribunal at the prior be retained by the member during service. The existing rates of remuneration until the end of Garda Sı´ocha´na Code, which covers all areas of October 2007. The question of reviewing these Garda duties including operational, security and rates, therefore, does not arise at this time. administrative duties, is a confidential publication I can further inform the Deputies that the which must be carefully preserved and its con- Smithwick Tribunal of Inquiry was established in tents, in whole, or in part, are not disclosed by May 2005. As this Tribunal was established sub- the Garda Commissioner to any unauthorised sequent to the Government Decision in 2004, the person. Accordingly, it is not possible to publish legal fees payable to the Smithwick Tribunal’s details of recent changes to the code. As the legal team have been in accordance with the Deputies will be aware, the Government revised rates. Accordingly, the question of a Decision in 2004 relating to the introduction of reduction in rates from 1 January, 2007, does not revised payment structures for legal fees at Tri- arise. The specific daily rates of remuneration bunals of Inquiry envisaged the introduction of that apply in respect of both Tribunals are set out the revised fees on different dates, depending on in the following tabular statement: when the Tribunal in question was established.

Tribunal Daily Rate of Remuneration Paid International Treaties. (excl. VAT) 62. Caoimhghı´nO´ Caola´in asked the Ta´naiste and Minister for Justice, Equality and Law Smithwick Senior Counsel — \1,008 Reform the reason for his failure to oppose the Junior Counsel — \672 Research Counsel — \252 integration of the Prum Treaty Less Article 18 Solicitor — \800 into EU law in view of the set-back this entails Morris Senior Counsel — \2,250 for data protection; the reason he failed to attend Junior Counsel — \1,500 the important Council of the European Union Research Counsel — \550 meeting at which this was agreed by all including an Irish representative; and if he will offer a com- 523 Questions— 22 February 2007. Written Answers 524

´ [Caoimhghı´nOCaola´in.] the Deputy is referring to the Competition Auth- mitment that he will reject the planned future ority report on Competition in Legal Services — effort to integrate Article 18 of that Treaty which Solicitors and Barristers, which was published on provides for sovereign powers for armed foreign 11 December 2006. The Report makes twenty- police forces including air marshals on flights into nine recommendations, the key ones being that: law. [6818/07] • the Department of Justice, Equality and Law Reform should bring forward legis- Ta´naiste and Minister for Justice, Equality and lation to establish a Legal Services Com- Law Reform (Mr. McDowell): Due to other mission, which would regulate both solici- urgent official commitments, I was not in a posi- tors and barristers and the market for legal tion to attend the EU Justice and Home Affairs services. The Head of the Commission and Council in Brussels on 15 February 2007. One of majority of members should be non- the items considered at the recent Council meet- lawyers ing was a proposed Council Decision for the inte- gration of some of the elements of the Prum • the Legal Services Commission would have Treaty into the EU legislative framework. In the responsibility for the regulation of the legal course of the discussion on this item, the Irish services but would delegate many regulat- delegation indicated that, while it could agree ory functions to other/existing bodies. The generally with the approach set out in the draft Commission would have statutory powers Decision, certain changes and clarifications would to make new regulations and to veto the be necessary to meet Irish requirements. In rules of self-regulatory bodies addition, it was stated by our delegation that • the Legal Services Commission should be Ireland is in the process of carrying out a detailed given the role by the Minister for Justice, analysis of the legal and constitutional impli- Equality and Law Reform to set standards cations that would arise in the context of the for the provision of professional education adoption of the proposed instrument. This analy- for solicitors and barristers. The Law sis will also take account of the relevant data pro- Society and the King’s Inns, in common tection issues. with other providers, should be required to I am not aware of any proposal to extend the apply and meet these requirements. The application of Article 18 of the Prum Treaty to Law Society and the Bar Council should set EU Member States generally. In the circum- out detailed criteria pursuant to which they stances, I do not believe it would be appropriate would licence institutions to provide for me to offer any comment in relation to that courses provision. The establishment of the Irish Youth Justice Service followed the Report on the Youth • both the Law Society and Bar Council Justice Review. One of the findings of that should provide accessible information for Review was that there were gaps in data on youth consumers on their rights and main fea- justice and historical weaknesses in information tures of legal services gathering. It is a priority of the Service to address • unlimited direct access to barristers for this issue and a researcher has been engaged on legal advice should be allowed by the Bar contract to establish baseline data from which a Council process of gathering longitudinal information on children who offend, including recidivism rates, • legislation should be brought forward to can be set up. The transfer of the responsibility permit licensed conveyancers other than for the management of the children detention solicitors to provide conveyancing services. schools will facilitate my Department in tracking Such conveyancers should be required to through the youth justice system those children register by a Conveyancers’ Council of who offend and, thereby, help establish recidi- Ireland with responsibility for the training, vism rates in the future. The commissioning of a qualification and operation of con- specific study into historical rates of recidivism veyancers. amongst children who offend is being considered by my Department at present. I have in the past acknowledged that the legal professions are open to claims that there are restrictive practices within each profession and Competition Authority Report. between them. Indeed such claims are also regu- 63. Mr. O’Shea asked the Ta´naiste and Mini- larly made against professional services, such as ster for Justice, Equality and Law Reform his medicine, accountancy and others. While I views on the final report of the Competition believe in self regulation, I am also of the belief Authority; if he will implement the recom- that self regulation must deliver the highest stan- mendations contained in the report; and if he will dards of professional integrity for the protection make a statement on the matter. [6845/07] of clients. A critical factor to be considered in response to calls for deregulation is whether the Ta´naiste and Minister for Justice, Equality and resultant system is likely to deliver a fairer, more Law Reform (Mr. McDowell): I understand that accessible, more economic and higher quality 525 Questions— 22 February 2007. Written Answers 526 service to the citizen and to Irish society as a preliminary work would be required prior to whole. Given their crucial roles in society, this implementation an Implementation Advisory factor is particularly relevant to the legal pro- Group (IAG) was established to fessions and the recommendations of the Compe- • advise on the timely implementation of the tition Authority require careful and detailed con- recommendations of the Legal Costs sideration by the Government in consultation Working Group, with particular reference with both branches of the legal profession, other to the establishment on an interim basis of interested organisations and the public. the proposed legal costs regulatory and I should point out that both the Law Society assessment structure, and and Bar Council have on several recent occasions indicated their willingness to take measures to • consult with interested bodies in relation to improve the services which they offer to the the recommendations contained in the public. The Law Society established a Regulatory Report. Review Task Force to examine the procedures I have recently received the recommendations of and systems by which the Society regulates its the IAG and I will be making a further announce- members and interacts with the public. The Task ment in this regard in the near future. Force, chaired by Joe Brosnan, a former Sec- The new measures that I am taking in the form retary General, carried out a thorough review and of an Ombudsman and on legal costs will trans- made fifty-six recommendations, all of which form the provision of legal services. Taken with were accepted by the Council of the Law Society. important initiatives already put in place to tackle Examples of other measures are the setting up in the so-called compensation culture in the Civil September 2006 of a second training school in Liability and Courts Act 2004 and the establish- Cork for solicitors by the Law Society and the ment of the Personal Injuries Assessment Board, introduction in March 2006 of reforms by the Bar the legal system is changing rapidly. Our society Council to update its code of conduct. The Bar is becoming more complex in tandem with our Council have also improved their work practices, increasing prosperity. The legal system has a key allowed for advertising, allowed for free transfer function in oiling the wheels of progress and the between the two professions and provided for legal professions must continue to adapt. I am cost-sharing amongst barristers. I welcome these sure that the package of measures taken already measures which I consider to be very positive and those on the way will equip the legal system steps in embracing change rather than opposing and the two legal professions to react to the it. changing needs of a mature and progressing mod- The Government considered it appropriate to ern economy. proceed in advance of the Competition Authority Government policy in this area will continue to Report by taking advantage of the Civil Law be determined on the basis of the need for (Miscellaneous Provisions) Bill 2006 to provide improvement in the cost, efficiency and quality of for establishment of a Legal Services Ombuds- the services of the legal profession. man to • provide a form of review for customers of Court Staff. legal services who are dissatisfied with the 64. Ms McManus asked the Ta´naiste and Mini- outcome of a complaint made to the Law ster for Justice, Equality and Law Reform if a Society or Bar Council. decision has been made on the request of Circuit • oversee the complaints procedures of the Court Judge, Mr. Brian Curtin, for early retire- Law Society and Bar Council by examining ment on health grounds under Section 6 of the a selection of complaints files each year Courts (Establishment and Constitution) Act taken on a random basis. 1961; and if he will make a statement on the matter. [6832/07] • oversee admission to the legal professions, particularly with regard to the adequacy of Ta´naiste and Minister for Justice, Equality and numbers admitted. Law Reform (Mr. McDowell): The former Judge Brian Curtin resigned as a Judge of the Circuit The Bill also gives effect to certain recom- Court on 13 November, 2006. The matter of his mendations of the Brosnan Report that required pension entitlements is being finalised. statutory backing (including increasing the lay membership of Regulatory Committees). The Bill is awaiting Committee Stage in the House. Prison Drug Treatment Services. The wider issue of legal costs is being 65. Mr. Callely asked the Ta´naiste and Minister addressed through implementation of the Report for Justice, Equality and Law Reform the level of of the Haran Working Group on Legal Costs.The funding that has been allocated for methadone Haran Report, published in November 2005, maintenance programmes and other such treat- made recommendations for far reaching changes ments and programmes for drug addicts in the in the area of legal costs spanning operational, Prison Services; and if he will make a statement policy and legislative areas. As a great deal of on the matter. [6760/07] 527 Questions— 22 February 2007. Written Answers 528

Ta´naiste and Minister for Justice, Equality and ioned in each of the past five years; and if he will Law Reform (Mr. McDowell): The Irish Prison make a statement on the matter. [7093/07] Service expended almost \3 million excluding staff costs on the provision of medical services to Ta´naiste and Minister for Justice, Equality and the prisoner population in 2005 but it is not pos- Law Reform (Mr. McDowell): I propose to take sible to disaggregate, with any degree of accuracy, Questions Nos. 66, 133 and 136 together. from this total, the element that related solely to I am informed by the Garda authorities that, the treatment of prisoners with drug problems. for operational reasons, it is inappropriate to cat- The new Irish Prison Service Drugs Policy & egorise proceedings as being linked to any part- Strategy — Keeping Drugs Out of Prisons- will icular, identifiable criminal groupings. am further see existing drug treatment programmes, includ- informed by Garda management that, as part of ing the provision of methadone maintenance its contribution to the Europol Organised Crime programmes where this is clinically indicated, Report which was recently refined to become the being expanded and enhanced. This expansion Organised Crime Threat Assessment (OCTA), will involve the allocation of a range of dedicated an annual assessment of organised crime in the staff, including addiction counsellors, to support Republic of Ireland was carried out. This recent these various programmes. In 2007 it is envisaged assessment was completed in November 2006. that an extra \2,000,000 will be allocated to sup- This analysis concluded that the nature of organ- port these developments. ised crime gangs in this State continues to be the My Department funds sixty five Community same as in previous years. In this respect, there based Projects that support the work of the Pro- are two categories of groups in organised crime bation Service in the management of offenders operating in this jurisdiction. both in the Community and in Prisons. These The first category consists of individuals Projects which are made up of community groups operating in groups that are well established and and voluntary bodies provide a range of services tightly structured and involved in drug trafficking, to offenders in local communities and in prisons, armed robbery and firearms offences. The second e.g. offender management programmes, drug and category involves groups whose activities are alcohol abuse treatment / intervention / aware- characterised by less cohesive group structures ness programmes, training and education. While and are involved in criminal activities which are the emphasis of each Project varies, the overall mainly confined to Ireland. An Garda Sı´ocha´na objective of the funded programmes and facilities will continue to utilise intelligence-led operations is to assist the reintegration of the offender into against selected targets to combat the criminal their community by addressing specific issues activities of these groups. However, because of such as subsistence awareness / misuse and to the relatively fluid nature of those involved in thereby reduce his/her risk of re-offending. In serious crime in Ireland, it is not possible to easily 2007, I have provided a total \2.216m in the Pro- place them in a particular group. Therefore it is bation Service budget allocation specifically for not possible to provide an accurate and definitive projects which cater for substance misuse, treat- number for the various groups operating here. ment and/or aftercare for offenders. The Criminal Assets Bureau in conjunction with other Garda Specialist Units will continue to target those suspected of criminal activity and will Crime Levels. utilise the provisions of the Proceeds of Crime 66. Mr. Durkan asked the Ta´naiste and Mini- Acts 1996 to 2005 in this regard. The specific ster for Justice, Equality and Law Reform the information requested by the Deputy is not read- number of serious criminal gang members or ily available and would require considerable known principals in the crime world that have research by An Garda Sı´ocha´na and the Court been arrested on foot of various forms of criminal Services and would necessitate the expenditure activity in the past five years; if it is known the for a disproportionate amount of Garda extent of the value of their assets; and if he will resources and time at the expense of operational make a statement on the matter. [6946/07] policing. In addition to the transfer of operational budgets from the Department of Education and Science, significant capital investment of over 133. Mr. Durkan asked the Ta´naiste and Mini- \ ster for Justice, Equality and Law Reform if the 140 million in the detention schools has been level of organised criminal activity represents the secured as part of the National Development sting of a dying wasp; the length of time he Plan 2007-2013. I am confident that this invest- expects the demise to continue; and if he will ment and the Government’s other reforms to children detention services will significantly make a statement on the matter. [7090/07] improve the accommodation in the schools and end the practice of using adult prison places for 136. Mr. Durkan asked the Ta´naiste and Mini- the detention of children. ster for Justice, Equality and Law Reform the number of known criminal gangs now operating Mental Health Policy. here; the extent to which the principles or members have been arrested, detained or quest- 67. Mr. Neville asked the Ta´naiste and Mini- 529 Questions— 22 February 2007. Written Answers 530 ster for Justice, Equality and Law Reform his to sign the Council of Europe Convention on views on whether legislation should be intro- action against trafficking in human beings. I also duced to facilitate the process of diverting people stated that it is intended, as part of the new immi- with mental health problems from the criminal gration policy framework, to provide a clear justice system and providing the Courts with a policy statement setting out how these cases will range of non-custodial options; and if he will be managed once it is established that trafficking make a statement on the matter. [6764/07] has taken place. I would reiterate, however, that the lack of a specific legislative provision on the Ta´naiste and Minister for Justice, Equality and victims of trafficking has in no way reduced Law Reform (Mr. McDowell): I am aware that Ireland’s commitment to dealing with cases sym- under the auspices of the Department of Health pathetically as they arise. The Criminal Law and Children, the Report of the Expert Group (Trafficking in Persons and Sexual Offences) Bill on Mental Health Policy entitled “A Vision for has been approved for drafting by the Govern- Change” contains certain recommendations in ment and is currently being drafted in the Office this area. In March, 2006, the Minister of State at of the Parliamentary Counsel. The Bill introduces that Department, Mr. Tim O’Malley, T.D., with new specific criminal offences of trafficking in special responsibility for mental health, estab- persons (adults and children) into, through or out lished an Independent Monitoring Group to of Ireland for the purposes of sexual exploitation, monitor and assess progress on the various labour exploitation and the removal of organs. It recommendations made in that Report. The fully complies with the criminal law requirements matter which is the subject of this question is one of the relevant international instruments, namely, of two areas which have been identified by the the Council of Europe Convention on action Group as being of concern to my Department. It against trafficking in human beings, the EU is currently being examined in that context. Framework Decision on combating trafficking in I should mention that I took the opportunity to human beings and the UN Protocol to prevent include a provision in section 4 of the Criminal and punish trafficking in persons. The General Law (Insanity) Act, 2006 (fitness to be tried) Scheme of the Bill is on my Department’s which is relevant to this matter. It provides for website. the diversion of persons, in certain circumstances, appearing before the courts on criminal charges Residency Permits. who are suffering from a mental disorder as defined, away from prison to either a designated 69. Mr. Carey asked the Ta´naiste and Minister centre (i.e. a psychiatric centre) where they may for Justice, Equality and Law Reform the receive any necessary in-patient care or treatment arrangements in place for renewing permission to or, where appropriate, out-patient care or treat- remain in the State for persons who were orig- ment. This applies in circumstances where the inally granted temporary leave under IBC/05 court determines that an accused person is unfit scheme; and if he will make a statement on the to be tried having heard evidence from an matter. [6791/07] approved medical officer that the person is suffer- ing from a mental disorder. Ta´naiste and Minister for Justice, Equality and In addition, section 5 of the Act provides that, Law Reform (Mr. McDowell): I wish to inform following a verdict of not guilty by reason of the Deputy that advertisements inviting appli- insanity, if the court is satisfied, having con- cations for renewal of permission to remain in the sidered a report from an approved medical State, granted under the IBC/05 scheme, were officer, that the person concerned is suffering placed in National Newspapers on 31 January, from a mental disorder as defined and is in need 2007. Applications from non-national parents of of in-patient care or treatment, the court must Irish born children, born before 1 January 2005, commit the person to a specified designated for renewal of their permission to remain in the centre. State under the IBC/05 Scheme, must be made on the official IBC renewal form. This form sets out the requirements for renewal and is available Proposed Legislation. on my Department’s website (www.justice.ie). 68. Mr. Eamon Ryan asked the Ta´naiste and Hard copies of the form are also available at the Minister for Justice, Equality and Law Reform Irish Naturalisation and Immigration Service when Ireland will sign and ratify the Council of (INIS), 13-14 Burgh Quay, Dublin 2 and Garda Europe Convention against Trafficking in Human District Headquarters stations outside Dublin. Beings; the steps he has taken to bring Irish crimi- Forms have been distributed to various non- nal law into line with the requirements of the con- governmental organisations working with immi- vention; and if he will make a statement on the grants and asylum seekers. matter. [6860/07] Applications for renewal for permission to remain granted in January, February or March Ta´naiste and Minister for Justice, Equality and 2005 must be submitted by post to the IBC Unit Law Reform (Mr. McDowell): I recently by 2 April 2007 at the latest. All other appli- announced my intention to ask the Government cations must be submitted one month in advance 531 Questions— 22 February 2007. Written Answers 532

[Mr. McDowell.] Ta´naiste and Minister for Justice, Equality and of the date on which the current permission to Law Reform (Mr. McDowell): The Garda Sı´och- remain in the State expires. Original identity a´na Act, in 2005, made detailed provisions for the documents will be returned by registered post making of Disciplinary Regulations for the Garda with a letter acknowledging receipt of each appli- Sı´ocha´na. In its report earlier this year, the Garda cation. Applications will be processed in order of Sı´ocha´na Act Implementation Group, chaired by the date permissions to remain expire. Guidelines Senator Maurice Hayes, acknowledged the to assist applicants in making their application are requirement for changes to the Garda dis- available with the application form. ciplinary regulations to coincide with the coming It is my intention that a thorough approach will into operation of the Garda Ombudsman Com- be taken to the implementation of the renewal mission. The Group was strongly of the view that process of the IBC/05. Applications for renewal the opportunity should be taken for a compre- will therefore be assessed in accordance with the hensive revision of the Garda disciplinary frame- following conditions: work so as to bring it into line with modern prac- tice in human resource management. • the applicant must have resided continu- Subsequently, on 19 May 2006, the Govern- ously in the State since granted permission ment statement regarding Reports of the Morris to remain, allowing for reasonable periods Tribunal acknowledged and accepted the views of of absence from the State for holidays, the Tribunal that the current disciplinary regu- exceptional family circumstances or com- lations need to be replaced by a new, less com- mitments outside the State arising from plex, approach which will be swift and fair with a business or employment carried on within simple appeal process. the State; On 17 August last, on publication of the 3rd, • the applicant must have been living with 4th and 5th reports of the Morris Tribunal, I pub- his/her Irish Born Child as part of a family lished new draft Garda Discipline Regulations unit or alternatively, must have taken an which were drawn up in consultation with the active role in the upbringing of the Irish Garda Commissioner. These draft regulations Born Child since granted permission to take account of the recommendations of the remain; Morris Tribunal, follow well-established prin- ciples in the public sector and beyond, and are • the applicant since he/she completed the significantly more streamlined than existing initial application form under the IBC/05 Garda Discipline Regulations. The new draft Scheme must have obeyed the laws of the regulations have been put into the Garda Concili- State and not been convicted of any ation Council for discussion with the Garda Rep- offence and not been involved in criminal resentative Associations and, in recognition of activity; the fundamental changes now proposed, I have • the applicant must have made every effort made available additional time beyond the orig- to become economically viable in the State inal target date of the Summer recess. I am since granted permission to remain; informed that the Garda Representative Associ- ations have engaged positively in those dis- • the applicant must have taken all steps cussions. I expect that the discussions can be con- necessary, such as appropriate participation cluded quickly and effectively, and I look forward in training or language courses, to enable to bringing final proposals to Government for him/her to engage in employment, business approval in the coming weeks. or profession since granted permission to remain; Departmental Reports. • if the applicant has not been engaged in employment he/she must provide evidence 71. Ms O’Sullivan asked the Ta´naiste and of how they have been financially main- Minister for Justice, Equality and Law Reform if taining themselves and their family since he has received the report (details supplied); the granted permission to remain. main findings of the report; if he has not received the report, when he expects to do so; and if he will make a statement on the matter. [6836/07] Garda Disciplinary Proceedings. 70. Mr. S. Ryan asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform the Law Reform (Mr. McDowell): I have not yet position regarding their consideration by the received the report from Mr Michael Mellet in Garda Conciliation Council in relation to the new relation to this matter. The Deputy will be aware draft Garda Discipline Regulations, which he that in my reply on this matter to Deputy Kenny originally said would be introduced prior to the on the 7th December 2006, I indicated that Mr Da´il E´ ireann summer recess in 2006; when the Mellet was still in the process of obtaining certain new regulations will be in operation; and if he will material of particular relevance to this inquiry. I make a statement on the matter. [6840/07] now understand that this material has been 533 Questions— 22 February 2007. Written Answers 534 obtained and that the report is in the process of International Agreements. being finalised. I expect to receive it shortly. 75. Mr. Ferris asked the Ta´naiste and Minister for Justice, Equality and Law Reform if his atten- Question No. 72 answered with Question tion has been drawn to the fact that Privacy Inter- No. 21. national and the American Civil Liberties Union have advocated the repeal of the agreement Question No. 73 answered with Question between the EU and US on passenger data No. 44. transfers on the grounds that the recent disclos- ure of the automated targeting system being used Crime Levels. by the US Department of Homeland Security 74. Mr. Gilmore asked the Ta´naiste and Mini- demonstrates that the US have violated the ster for Justice, Equality and Law Reform the agreement with the EU by using European pass- number of tiger robberies, where people were enger data for creating a risk assessment score, taken hostage in an attempt to force others to and retaining this data for 40 years; and if he will hand over cash or goods, recorded in 2005, 2006 make a statement on the matter. [6812/07] and to date in 2007; if he is planning new measures to counter this threat; if he has had dis- Ta´naiste and Minister for Justice, Equality and cussions with the financial institutions or the Law Reform (Mr. McDowell): I am aware of the security industry with a view to stopping these expressed views of Privacy International and the robberies and ensuring the safety of staff; and if American Civil Liberties Union on the Passenger Name Records Agreement between the Euro- he will make a statement on the matter. pean Union and the United States. However, as [6826/07] this Agreement falls outside the remit of my Department, but rather, within the remit of the Ta´naiste and Minister for Justice, Equality and Department of Transport. I am not in a position Law Reform (Mr. McDowell): The Garda auth- to assist the Deputy. orities inform me that there were two so-called ‘tiger’ robberies in 2005 and three such robberies Crime Prevention. in 2006. To date in 2007 there have been two such robberies. An Garda Sı´ocha´na continue to inves- 76. Mr. Durkan asked the Ta´naiste and Mini- tigate these robberies. Naturally I cannot go into ster for Justice, Equality and Law Reform if he is any details about these as to do so might risk pre- appraised of the ongoing activities of the various judicing these investigations or subsequent pros- drug and criminal gangs; if he has familiarised ecutions. himself with the number, scale and location of The Deputy will be aware that I recently pub- their operation; if they have become involved in lished the General Scheme of the Criminal intimidating or compromising the security indus- Justice Bill 2007. This is a comprehensive try; if they continue to operate here and simul- measure that will counter the threat posed by taneously at various locations throughout Europe criminal gangs, including those involved in kid- and further afield; if adequate resources are avail- napping and robbery. The Bill will contain pro- able to the Garda to track, monitor and charge vision for detention for up to 7 days of persons the principals of such operations; the number of suspected of certain offences, including these so- convictions of such persons in the past five years; called ‘tiger’ kidnappings. if they remain in prison; the extent if known, to There are, as the Deputy would expect, regular which they have carried on their criminal activi- contacts between the banks and other financial ties while in prison; and if he will make a state- ment on the matter. [6945/07] institutions and the Gardaı´ to discuss methods of forestalling attempts by criminal gangs to enrich Ta´naiste and Minister for Justice, Equality and themselves by preying on the vulnerability of Law Reform (Mr. McDowell): I can assure the individuals. Deputy that I am in regular contact with the I can inform the Deputy that the Garda auth- Garda Commissioner on a range of important orities have agreed response procedures with the issues, including the problems caused by organ- banks and financial institutions to deal with hos- ised crime and criminal gangs. In order to disrupt tage situations where members of staff or their such criminality, Garda operations are regularly families are taken hostage in order to facilitate put in place to target individuals and gangs sus- robberies. These response procedures are pected of involvement in criminal activity and detailed and all encompassing. The Deputy will such operations, for example initiatives under appreciate that for obvious reasons An Garda Operation Anvil, have proved successful with Sı´ocha´na cannot disclose information on the many persons arrested and brought before the detail of these procedures. courts in connection with serious crimes. I am In my own discussions with representatives of also informed by the Garda Authorities that, as the banking and security industries I have always part of its contribution to the Europol Organised made it clear that I expect the highest security Crime Report which was recently refined to standards to be adhered to by their members. become the Organised Crime Threat Assessment 535 Questions— 22 February 2007. Written Answers 536

[Mr. McDowell.] able as it would require considerable research by (OCTA), an annual assessment of organised An Garda Sı´ocha´na and the Courts Service. It crime in Ireland was carried out. This assessment would therefore not be prudent to allocate was completed in November 2006. resources to carrying out such research at the This analysis concluded that the nature of expense of operational policing. I am also aware organised crime gangs in this State continues to of reports suggesting that prisoners may be be the same as in previous years. In this respect, engaged in criminal activities, including drug there are two categories of groups in organised dealing, from inside prison cells and I would like crime operating in this jurisdiction. to assure the Deputy that I am committed to con- The first category consists of individuals tinuing to implement all appropriate measures to operating in groups that are well established and deal with such activity and to ensure that the pris- tightly structured and involved in drug trafficking, oner’s contact with the outside world is tightly armed robbery and firearms offences. The second controlled and monitored in an appropriate way. category involves groups whose activities are For example, prisoner visits in all closed prisons characterised by less cohesive group structures are carefully controlled and held in sight of prison and are involved in criminal activities which are officers and monitored on CCTV. The implemen- mainly confined to Ireland. tation of a passive drug dog detection programme An Garda Sı´ocha´na will continue to utilise is currently underway and initial reports are very intelligence-led operations against selected tar- positive. There is regular contact between the gets to combat the criminal activities of these Prison Service and An Garda Sı´ocha´na to discuss groups. However, because of the relatively fluid security issues and Gardaı´ will be contacted nature of those involved in serious crime in whenever any suspected criminal offence has Ireland, it is not possible to easily place them in taken place. a particular group. Therefore it is not possible to One of the major challenges in prisons world- provide an accurate and definitive number for the wide lies in preventing access to contraband various groups operating here. items, primarily mobile phones and drugs, which In relation to the private security industry, in for obvious reasons, are viewed as highly valuable 2004 I established the Private Security Authority. commodities which could assist in illegal activity. The Authority, which is independent in the exer- Efforts are made on a continuous basis to prevent cise of its functions, has responsibility for reg- the flow of such contraband into our prisons, by ulating the industry and has already introduced for example, the installation of nets over exercise licensing in a number of areas, most recently the yards, vigilant observation of prisoners by staff, cash in transit sector. I am confident that the upgraded CCTV monitoring, the use of screened regulatory framework the Authority is putting in visits and prisoner and cell searches. In addition, place will prevent any compromising of the secur- plans to avail of technological options for dealing ity industry. with the use of mobile phones within prisons are I am informed by the Garda Authorities that, at an advanced stage. particularly as a result of the proactive role of the The Deputy may also be aware of a recent Criminal Assets Bureau and other specialist units directive to the effect that a number of serious in targeting the proceeds of crime in this juris- drug and criminal gang members are now to be diction, a number of Irish criminals have re- segregated in a special area of Cloverhill Prison. located to the continent. It is anticipated that this initiative, in conjunction Some of these individuals continue to engage with the other measures referred to earlier, will in criminal activity and this may impact on crimi- prevent them from exerting inappropriate influ- nality in this jurisdiction. There is some evidence ence over other persons. to support the fact that criminal groupings in this State have links to similar groups in other juris- Juvenile Offenders. dictions. However, it is not possible to quantify 77. Mr. M. Brady asked the Ta´naiste and Mini- the extent to which Irish nationals based abroad ster for Justice, Equality and Law Reform when are involved in criminal activity. the Youth Justice Service of his Department will Where evidence exists to support a prosecution take over responsibility for the juvenile detention in this State against any particular individual centres currently managed by the Department of residing outside the jurisdiction, an extradition Education and Science; and if he will make a application is pursued with the competent auth- statement on the matter. [6795/07] ority where extradition agreements are in place. The Deputy will appreciate that Garda Ta´naiste and Minister for Justice, Equality and resources are at unprecedented levels and are Law Reform (Mr. McDowell): Responsibility for increasing. These are deployed by the Garda the management of four children detention Commissioner to address effectively the types of schools — Finglas Child and Adolescent Centre, issues that the Deputy refers to. Oberstown Boys School, Oberstown Girls School In relation to the specific information and Trinity House School — will transfer to the requested by the Deputy about convictions and Irish Youth Justice Service of my Department on prison sentences imposed, this is not readily avail- 1 March 2007. This will follow the commence- 537 Questions— 22 February 2007. Written Answers 538 ment of the relevant provisions of the Children Garda to engage in crimes such as drug dealing Act 2001, as amended by the Criminal Justice simply because they are an informant. [6815/07] Act 2006. In addition to the transfer of operational Ta´naiste and Minister for Justice, Equality and budgets from the Department of Education and Law Reform (Mr. McDowell): I am informed by Science, significant capital investment of over the Garda Sı´ocha´na that its code of practice in \140 million in the detention schools has been respect of covert human intelligence sources secured as part of the National Development (CHIS) came into effect in April 2006. Plan 2007-2013. I am confident that this invest- The Deputy will understand that it is not the ment and the Government’s other reforms to practice and it would not be in the public interest children detention services will significantly to comment on the specifics of the operation of improve the accommodation in the schools and this system, as to do so could potentially end the practice of using adult prison places for adversely affect ongoing and future Garda oper- the detention of children. ations. I can confirm, however, that the Garda Sı´ocha´na will continue to operate the CHIS 78. Mr. Eamon Ryan asked the Ta´naiste and system in the public interest, having regard to Minister for Justice, Equality and Law Reform both operational requirements and the rule of the information he holds on the rates of recidi- law. vism amongst young offenders here; and if he will make a statement on the matter. [6861/07] Garda Strength.

Ta´naiste and Minister for Justice, Equality and 80. Mr. Sherlock asked the Ta´naiste and Mini- Law Reform (Mr. McDowell): While there have ster for Justice, Equality and Law Reform the been some studies on this issue they have been number of members of An Garda Sı´ocha´na; the sample based rather than longitudinal in nature. number of juvenile liaison officers and the per- As the Deputy may be aware, the Government centage of the force this represents in respect of decided, in December 2005, to establish the Irish 2007 and each year since 2002; the reason there Youth Justice Service to take responsibility for has been no increase in the number of JLOs the management and development of all services despite the increase in the overall strength of the relating to young people who offend. This force; his plans to increase the number of JLOs responsibility includes the management of the in view of the proven success of their work; and children detention schools which will transfer if he will make a statement on the matter. from the Department of Education and Science [6841/07] with effect from 1 March 2007 upon the com- mencement of relevant provisions of the Children Ta´naiste and Minister for Justice, Equality and Act 2001 as amended by the Criminal Justice Law Reform (Mr. McDowell): I have requested Act 2006. the information sought by the Deputy from the The establishment of the Irish Youth Justice Garda authorities. I will be in contact with the Service followed the Report on the Youth Justice Deputy when this information is to hand. Review. One of the findings of that Review was that there were gaps in data on youth justice and Asylum Applications. historical weaknesses in information gathering. It 81. Mr. Callely asked the Ta´naiste and Mini- is a priority of the Service to address this issue ster for Justice, Equality and Law Reform the and a researcher has been engaged on contract to progress that has been made regarding the pro- establish baseline data from which a process of cessing of asylum applications over the past 10 gathering longitudinal information on children years; the further improvements that are under who offend, including recidivism rates, can be set consideration; and if he will make a statement on up. The transfer of the responsibility for the man- the matter. [6435/07] agement of the children detention schools will facilitate my Department in tracking through the Ta´naiste and Minister for Justice, Equality and youth justice system those children who offend Law Reform (Mr. McDowell): Considerable pro- and, thereby, help establish recidivism rates in the future. The commissioning of a specific study into gress has been made since 2000 in relation to the historical rates of recidivism amongst children operation of the asylum determination process in who offend is being considered by my Depart- the State. The progress achieved has been the ment at present. result of a combination of factors including increased investment in the asylum determination agencies, the strengthening of the legislative Garda Investigations. framework for asylum and immigration generally, 79. Mr. Crowe asked the Ta´naiste and Minister increased co-operation between Government for Justice, Equality and Law Reform if he will Departments and agencies, increased co-oper- make a statement on the covert human intelli- ation with other States particularly in an EU con- gence sources system; and if he will confirm that text, as well as enhanced enforcement strategies in the future no informant will be permitted by by the Garda National Immigration Bureau. 539 Questions— 22 February 2007. Written Answers 540

[Mr. McDowell.] in the social welfare system such as restricting A cornerstone of our approach to asylum has, access by asylum seekers to child benefit and rent and continues to be, continued commitment to supplements which tended to act as a pull factor the State’s obligations under the 1951 Geneva in encouraging high levels of unfounded Convention relating to the status of refugees. applications. However, at the same time, we have been deter- Finally, the Irish Naturalisation and Immi- mined to address on an ongoing basis the high gration Service (INIS) was established in 2005 in level of abuse of our asylum process by people order to provide a “one stop shop” in relation seeking to gain entry to the State for purposes to asylum, immigration, citizenship and visas. The other than protection. INIS also facilitates a whole of Government The Refugee Act, 1996 was commenced in full approach to immigration and asylum issues which on 20 November, 2000. The Act placed the pro- enables a more efficient service to be provided in cedures for processing applications for refugee these areas. status on a statutory footing and resulted in the New arrangements for the speedier processing establishment of two offices to process asylum of prioritised asylum applications were applications: implemented with effect from 25 January 2005 in • a Refugee Applications Commissioner who respect of nationals of specified countries such as makes recommendations to the Minister Nigeria. Average processing times for prioritised for Justice, Equality and Law Reform as to applications to the end of January 2007, have whether a person should be granted or been 18 working days at ORAC and 15 working refused refugee status; days at the RAT. Some 40% of all applications are presently covered by the prioritised caseload • a Refugee Appeals Tribunal to deal with provisions. appeals against negative recommendations The strategies and policies which I have out- of the Refugee Applications Com- lined, have resulted in a considerable fall in the missioner. number of asylum applications received in the The Government also increased the level of State over recent years. For example, the number resources employed in the asylum process to a of applications received in 2006 was 4,314, which situation where today, there is sanction for in represents a slight decrease on the 2005 figure excess of 740 staff for the asylum, immigration and the lowest annual total since 1997. The 2006 and citizenship areas. total represents a 63% reduction on the 2002 high We have also strengthened the legislative of 11,634. framework for processing asylum applications. Processing of asylum applications continues to The Immigration Act, 2003 which was com- move strongly. At the end December 2006, there menced with effect from 15 September 2003 con- were 924 applications on hands in the ORAC tained a number of key changes to the Refugee (with only 47 of these cases over six months old) Act, 1996 which enabled processing to be which is a reduction of 21% on the 1,169 cases on speeded up but also enhanced our ability to deal hands at the end of December 2005. The backlog with abusive applications. These included in ORAC has effectively been eliminated. • the power to designate States as safe coun- In addition, in 2006 interviews in ORAC were tries of origin. scheduled at the point of application for all cases with interviews to take place within 25 working • the ability to prioritise certain categories of days for non-prioritised cases and 9-12 working applications whether, for example, by days for prioritised cases. The total number of nationality or country of origin. cases on hands in the Office of the Refugee • the imposition on applicants of a clear Applications Commissioner and Refugee statutory duty to actively pursue their asy- Appeals Tribunal for over six months was 1,299 lum applications and to co-operate at all at the end of December 2006 compared to some times with the processing agencies or face 6,500 at the end of September 2001. having their applications deemed I am also glad to report that the level of pro- withdrawn. gress which I have outlined in relation to asylum has enabled the Director General of the INIS to • provisions to facilitate the enhanced use of re-deploy considerable resources from the asylum the EU Dublin II Regulation which deter- determination system to enhance service pro- mines the EU State responsible for pro- vision in other immigration areas such as citizen- cessing asylum claims. ship and visas. A system of direct provision and dispersal was The Government is determined to ensure that also established to provide for accommodation the progress which has been made in recent years requirements of asylum applicants. is further consolidated in the years ahead. Central Recognising that immigration is a whole of to this policy will be the enactment of the soon Government issue, enhanced co-operation with to be published Immigration, Residence and Pro- other Departments in the area of immigration tection Bill. In September 2006 the Government and asylum also resulted, for example, in changes approved the drafting of this Bill which is a sig- 541 Questions— 22 February 2007. Written Answers 542 nificant piece of legislation setting out, in a single I wish to dispel any confusion on the part of the code, comprehensive statutory procedures for the Deputy with regard to the voluntary repatriation application of stated policies to the various stages process. Following rejection of an asylum claim of the immigration process: visas, entry to the by the Office of the Refugee Applications Com- State, protection, residence permits and their missioner and, on appeal, by the Refugee terms and conditions, and the process of removal Appeals Tribunal, the person concerned is where that is necessary. informed by letter that the Minister is proposing In the area of protection, in particular, the Bill to make a deportation order in respect of him/her will further streamline the examination of appli- and he/she is afforded three options in accord- cations for protection by introducing a single pro- ance with Section 3 (3) (b) (ii) of the Immigration cedure to provide for one single examination of Act, 1999, as amended, one of which is to leave all the reasons why a person may wish to remain the State voluntarily. This option ceases once a in the State — refugee protection, subsidiary pro- deportation order has been signed by me. tection and non-protection grounds. The Bill will The total number of persons who opted to vol- also see the replacement of the cumbersome untarily repatriate during the five year period deportation process with a statutory obligation on 2002-2006 is provided in Table B as follows: individuals who are illegally in the State, and who are found to have no protection needs, to remove Table B — Voluntary returns effected — 2002 to 2006 themselves or be removed by the Garda National Immigration Bureau. Year Number of Number of Total The Bill will also provide for significant struc- voluntary returns voluntary returns tural changes in the asylum process with the func- — Department — International tions currently carried out by the Office of the Organisation for Migration assisted Refugee Applications Commissioner being sub- sumed into the Irish Naturalisation and Immi- gration Service and the replacement of the Refu- 2002 396 110 506 gee Appeal Tribunal by a new Protection Review 2003 361 401 762 Tribunal with enhanced powers to ensure greater 2004 218 393 611 consistency of decision making. 2005 125 210 335 2006 63 164 227 Deportation Orders.

82. Mr. Callely asked the Ta´naiste and Minister My Department’s records show that, at present, for Justice, Equality and Law Reform the number there are circa 7,214 persons represented as evad- of asylum applicants that have been served ing Deportation Orders, whose whereabouts are deportation orders over the past five years; the unknown to the Garda National Immigration number who were deported; the number who left Bureau. However, it is believed that most of these voluntarily following the serving of deportation have already left the State. If, however, it is the orders; the number that went missing; and if he case that any of these persons are still in the will make a statement on the matter. [6436/07] State, their presence here is illegal and they are therefore subject to arrest and detention for the Ta´naiste and Minister for Justice, Equality and purposes of their removal from the State. In a Law Reform (Mr. McDowell): The total number very significant number of cases, Deportation of cases considered for deportation under Section Orders have not been effected arising from chal- 3 (6) of the Immigration Act, 1999 (as amended), lenges in the High Court by way of Judicial for the five year period 2002-2006 and the results Review. There are, as of the 16 February 2007, thereof are shown in Table A as follows: 478 ‘live’ judicial review cases ongoing and the Table A — Deportation orders made and effected — 2002 to enforcement of Orders in these cases is generally 2006 suspended pending the outcome of such pro- ceedings. As the Deputy is no doubt aware, the Year Number of Number of enforcement of Deportation Orders is an oper- deportation orders deportation orders ational matter for the Garda National Immi- made effected gration Bureau.

2002 2,430 521 Asylum Applications. 2003 2,411 591 2004 2,915 599 83. Mr. Callely asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the 2005 1,899 396 level of supports in place by his Department or 2006 1,547 302 aegis of his Department for asylum applicants; the level of legal service and legal supports to The majority of the above cases referred to in the assist asylum applicants; the costs associated with Table involve persons who claimed asylum but the legal service over the past five years; and if he their claims were rejected. will make a statement on the matter. [6437/07] 543 Questions— 22 February 2007. Written Answers 544

Ta´naiste and Minister for Justice, Equality and The proportion of asylum applicants registering Law Reform (Mr. McDowell): I can inform the for service with the RLS at any stage in the pro- Deputy that comprehensive services are in place cess increased from 20% on its establishment in for persons who apply for refugee status in the 1999 to just under 70% in 2006. State. Insofar as my Department is concerned, applicants for asylum are entitled to have their Legislative Programme. applications processed at first instance by the Office of the Refugee Applications Com- 84. Mr. Callely asked the Ta´naiste and Minister missioner and, as appropriate, at appeals stage by for Justice, Equality and Law Reform the legislat- the Refugee Appeals Tribunal. Applicants also ive priority of his Department for 2007; and if he have access to comprehensive interpretation will make a statement on the matter. [6438/07] services. The Reception and Integration Agency pro- Ta´naiste and Minister for Justice, Equality and vides accommodation for asylum seekers through Law Reform (Mr. McDowell): The legislation for the Government policy of direct provision and which I have responsibility in my Department is dispersal. Under this policy, asylum seekers are as contained in the Government’s Legislative provided with full board accommodation and Programme announced by the Chief Whip on 30 ancillary services. Comprehensive service pro- January 2007. The ordering of the legislation that vision is also available to asylum seekers from is before the House and any other measures I other Government Departments. may bring forward is a matter for the Govern- In relation to legal advice, the Refugee Legal ment Chief Whip in consultation with other Service (RLS), provides a comprehensive, confi- Whips. dential and independent legal service to persons applying for asylum in the State. This service is Missing Persons. provided at all stages of the asylum process — initial application, appeal stage and, post asylum, 85. Mr. Callely asked the Ta´naiste and Mini- in relation to matters such as applications for sub- ster for Justice, Equality and Law Reform the sidiary protection and humanitarian leave to number of missing persons whose files remain remain. under investigation by An Garda Sı´ocha´na; if he Also, in a relatively small number of cases, will provide details of the unsolved missing per- assistance is provided in relation to judicial sons cases; and if he will make a statement on the reviews of asylum determinations or in respect of matter. [6439/07] decisions on leave to remain applications or deportation orders. Judicial review is provided Ta´naiste and Minister for Justice, Equality and only where this is warranted in accordance with Law Reform (Mr. McDowell): It has not been the Civil Legal Aid Act 1995. Applicants may possible in the time available for the Garda auth- apply to the RLS for service at any stage of the orities to supply the details requested by the asylum process or in relation to the post asylum Deputy. I will be in contact with the Deputy when issues which I have referred to. the information is to hand. Legal services at all stages of the process are provided by solicitors employed by the RLS. In addition, as an added measure of flexibility, legal Garda Deployment. aid in relation to appeals to the Refugee Appeals 86. Mr. O’Dowd asked the Ta´naiste and Mini- Tribunal can also be provided by a barrister ster for Justice, Equality and Law Reform the instructed by an RLS solicitor or by a private sol- number of Gardaı´ based in each Garda station in icitor engaged by the Board under the RLS County Louth for the years 2002 to date in 2007; Private Practitioner schemes. if he will increase the numbers in any location; Interpretation is arranged, where necessary, for and if he will make a statement on the matter. all RLS client consultations at all stages of [6936/07] service provision. The amount of funding drawn down by the 87. Mr. O’Dowd asked the Ta´naiste and Mini- RLS from my Department’s Vote in each of the ster for Justice, Equality and Law Reform the past five years is as follows. number of full-time Gardaı´ based in Ardee in 2002 and in 2007; if he will increase the number Year Outturn Funding of Gardaı´; and if he will make a statement on the matter. [6937/07] \ million 2002 9.600 Ta´naiste and Minister for Justice, Equality and 2003 9.174 Law Reform (Mr. McDowell): I propose to take 2004 9.071 Questions Nos. 86 and 87 together. 2005 9.226 I have been informed by the Garda authorities, 2006 7.726 who are responsible for the detailed allocation of (provisional) resources, including personnel, that the personnel strength (all ranks) of An Garda Sı´ocha´na 545 Questions— 22 February 2007. Written Answers 546 increased to a record 13,000 following the attest- approximately 1,100 new recruits per annum into ation of 299 new members on Thursday, 16 the Garda College will continue until this target November, 2006. This compares with a total is met. The Garda Budget now stands at \1.4 strength of 10,702 (all ranks) as at 30 June, 1997 billion, an 11% increase on 2006 and a 96% and represents an increase of 2,298 (or 21.5%) in increase since 1997 in real terms. the personnel strength of the Force during that period. The combined strength (all ranks), of I have been further informed by the Garda both attested Gardaı´ and recruits in training as at authorities that the personnel strength (all ranks) the 31 December 2006 was 14,068. Furthermore, of the Louth Meath Division on 31 December, I should say that in December, 2006 as part of a 2002 and 2006 was 532 and 548, respectively. The package of anti-crime measures, the Government personnel strength (all ranks) of each Garda approved the continuation of the existing Garda Station in the Louth/Meath Division on 31 recruitment programme to achieve a total Garda December 2002-2006 and on 31 January, 2007 was strength of 15,000. The accelerated intake of as set out in the following tables:

31/12/02 31/12/03 31/12/04 31/12/05 31/12/06 31/01/07

Drogheda 89 90 89 93 93 93 Castle-bellingham 444444 Clogherhead 322122 Dunleer 444444 Laytown 77881010 Ashbourne 37 37 40 37 49 49 Dunboyne 15 13 12 14 14 14 Dunshaughlin 11 11 10999 Kilcock 655555 Dundalk 96 97 101 101 109 109 Carlingford 333333 Hackballscross 14 14 13 12 11 11 Dromad131211977 Omeath 14 14 15 10 7 7 Louth 121222 Blackrock 444555 Kells 31 34 31 32 37 37 Athboy 666666 Oldcastle 444344 Nobber 333333 Trim 24 25 25 23 25 25 Longwood 000111 Summerhill 222222 Enfield 16 17 16 13 14 14

31/12/02 31/12/03 31/12/04 31/12/05 31/12/06 31/01/07

Ballivor 223222 Balbriggan 35 32 34 32 32 32 Skerries 10 10 11 10 11 11 Lusk 444444 Rush 455677 Garristown 333333 Navan 47 49 46 45 48 48 Ardee 9 10 10 10 9 9 Collon 222222 Duleek 344333 Slane 444433 547 Questions— 22 February 2007. Written Answers 548

[Mr. McDowell.] Ta´naiste and Minister for Justice, Equality and The Deputy should appreciate that, as with any Law Reform (Mr. McDowell): I propose to take large organisation, on any given day, personnel Questions Nos. 88 to 91, inclusive, together. strengths of individual stations may fluctuate due, I have already answered a similar Questions to for example, to promotions, retirements and the ones tabled by the Deputy and I refer the transfers. Deputy to my answer to those Questions (Nos. I have been informed by the Garda authorities 191 to 194) given on the 14 February 2007. If the that the geographical boundaries of the various Deputy wishes, I will repeat what I said then. Garda Divisions do not match with county As I outlined earlier by its very nature, the boundaries in all instances. A map showing the internet lends itself to being used for a wide range boundaries of each Garda Division together with of criminal activities. This can include illegal por- a list of all stations in these Divisions is available nography, racist or hate materials, financial fraud, on the Garda Sı´ocha´na website at the following intimidation or any other criminal activity carried address — www.garda.ie/angarda/stations.html. out via the internet. Combatting such illegal, I should add that it is the responsibility of harmful and predatory use of the internet Garda management to allocate personnel to and requires a response at national, EU and wider within Divisions on a priority basis in accordance international levels. The internet is an inter- with the requirements of different areas. These national and world-wide phenomenon with no personnel allocations are determined by a borders and no single organisation controlling it. number of factors including demographics, crime Measures to combat illegal materials and activi- trends and other operational policing needs. ties on the internet are, therefore, hampered by Garda management state that such allocations a multiplicity of jurisdictions, differing legal are continually monitored and reviewed along systems, and differing societal norms. Further- with overall policing arrangements and oper- more, new developments in communications ational strategy. This ensures that optimum use is technologies allowing for internet access by new made of Garda resources, and that the best pos- means are a regular occurrence. These are largely sible service is provided to the public. positive developments but also bring particular challenges for those charged with protecting Internet Use. against the downsides of the internet. A combination of responses, and the co-oper- 88. Mr. Durkan asked the Ta´naiste and Mini- ation of all the stakeholders, at both national and ster for Justice, Equality and Law Reform if his international level — legislators, law enforce- attention has been drawn to the concerns ment, schools, child protection practitioners, expressed at the growth in internet pornography; parents and guardians — is essential. My Depart- if his attention has been drawn to the need to ment is fully committed to playing its part in a utilise modern technology to isolate and identify pro-active way. the perpetrators with particular reference to the In terms of legislation, in the Child Trafficking prevention of internet grooming; and if he will and Pornography Act, 1998, Ireland has one of make a statement on the matter. [5427/07] the most robust pieces of legislation anywhere. Under the Act, the possession, distribution, 89. Mr. Durkan asked the Ta´naiste and Mini- importation and exportation or sale of all forms ster for Justice, Equality and Law Reform if of child pornography — films, video or material directly or in conjunction with his EU colleagues in written or auditory form including material any effort is being made to protect the internet produced or transmitted via the internet — are from pornography promoters; and if he will make offences with penalties of up to 14 years’ impris- a statement on the matter. [5428/07] onment. Mere possession of child pornography can be punishable by imprisonment for up to 5 90. Mr. Durkan asked the Ta´naiste and Mini- years. Using a child or allowing a child to be used ster for Justice, Equality and Law Reform if for the production of child pornography is also directly or in consultation with his EU colleagues punishable by up to 14 years’ imprisonment. or through the service providers, progress has The EU Council adopted a Framework been made with a view to preventing the use of Decision on Combating the Sexual Exploitation the internet by those involved in the promotion of Children and Child Pornography on 22 of pornography with particular reference to chil- December 2003. While the Child Trafficking and dren; and if he will make a statement on the Pornography Act 1998 is a particularly robust matter. [5429/07] legislative measure, this Framework Decision requires some relatively minor amendments to 91. Mr. Durkan asked the Ta´naiste and Mini- our legislation and these are contained in the ster for Justice, Equality and Law Reform if his Criminal Law (Trafficking in Persons and Sexual attention has been drawn to the technological Offences) Bill which is at present being drafted developments expected to assist in the prevention in the Office of the Parliamentary Counsel. of internet pornography; and if he will make a Among the provisions of the Bill is one that statement on the matter. [5430/07] prohibits the sale of children, including through a 549 Questions— 22 February 2007. Written Answers 550 computer system, for the purpose of the sexual or ordinate efforts to combat child pornogra- labour exploitation of a child and other pro- phy on the Internet and monitor the pro- visions will prohibit the sexual grooming of chil- gress of self regulation by the Internet dren, including by means of communication Service Provider industry through the Internet. • a Public Hotline for reporting child por- This Bill will comply fully with the criminal law nography (established 1999 and funded by requirements of the UN Protocol to Prevent, the industry) Suppress and Punish Trafficking in Persons and the Council of Europe Convention on Action • an industry Code of Practice and Ethics set- Against Trafficking in Human Beings. Ireland ting out the duties and responsibilities of signed the UN Protocol to Prevent, Suppress and each Internet Service Provider (agreed Punish Trafficking in Persons on 13 December February 2002 and reviewed in 2004). 2000. The Internet Advisory Board (IAB) as well as I am informed by the Garda Authorities that overseeing a self-regulatory regime for the Irish they monitor child pornography on the internet Internet Service Providers, encourages best prac- and where evidence is available action is taken in tice procedures, provides advice and facilitates accordance with legislation. Similarly, where evi- research in Internet-related issues including child dence becomes available that the internet is used safety. My Department provides secretarial and for trafficking of human beings action is also be other supports for the Board’s work. taken to apprehend those responsible. Other inci- The IAB in its role of encouraging best prac- dents of child pornography or trafficking in tice, procedures and formulating advice on Inter- human beings coming to the attention of An net downside issues is currently evaluating elec- Garda Sı´ocha´na are fully investigated and where tronic technology which can be used to block there is evidence to support a prosecution crimi- access to websites on the internet and is preparing nal proceedings are commenced, as directed by a report on the matter. the Law Officers. The Hotline (www.hotline.ie), funded by the I am also informed by the Garda Authorities Internet Service Providers’ Association of Ireland that staff from the Computer Crime Investigation with support from the EU Safer Internet Action Unit (CCIU) in the Garda Bureau of Fraud Plan, was launched in November 1999 and has Investigation participate in numerous fora where been operating since that time. Special protocols crime prevention advice is given to companies operate between the Gardaı´ and the Hotline that and members of the public on the safe use of the maximise co-operation on law enforcement issues internet. The Unit provides support to the many so that offences in the area of child pornography operations by other national and local units in can be detected and prosecuted. targeting paedophiles and others suspected of The Hotline works closely with, and is a found- downloading child pornography in Ireland. ing member of, the international INHOPE Members of An Garda Sı´ocha´na attached to the Association (www.inhope.org), a network of National Bureau of Investigation augment these European hotlines which is expanding to all parts units as the volume of work requires. Computer of the world. The INHOPE Association develops forensics are carried out by the members attached procedures and shares information on the best to the Domestic and Sexual Assault Unit and also practices for the tracing and tracking of illegal by members attached to the Garda Bureau of child pornography. Fraud Investigation utilising up-to-date forensic software. International co-operation is a vital part of the fight against pornography on the internet, and I understand that An Garda Sı´ocha´na, in con- Ireland is fully committed to playing its part. The junction with its EU colleagues, is currently Deputy may be aware that the European Union examining new methods of preventing the pro- has taken a strong line on combating child por- duction and distribution of child pornography on nography and other illegal and harmful uses of the internet. the internet. Since 1999, under the Safer Internet On the structural side, the Government estab- Action Plan, the EU has provided financial and lished a working Group in 1997 to examine and other supports for measures in the member states report on the whole question of the illegal and to combat illegal and harmful uses of the internet, harmful use of the internet with particular refer- with particular emphasis on protecting children. ence to child pornography. The Report of the A new EU action plan — Safer Internet Plus — Working Group on the Illegal and Harmful Use covering the period 2005 to 2008, and with a of the Internet was published in July 1998. The budget of \45m, was agreed under the Irish presi- main recommendation of the Report was for a dency in June 2004 and is now in operation. My system of self-regulation by the Internet Service Department is represented on the management Provider industry and the components of such a committee for the programme. system were to include: In September 2001, the Council of Europe • an Internet Advisory Board (IAB) — approved the first international Convention on established Feb 2000 — to promote aware- Cybercrime. Ireland signed up to the Convention ness of Internet downside issues, co- in June 2002. The main objective of the Conven- 551 Questions— 22 February 2007. Written Answers 552

[Mr. McDowell.] Ta´naiste and Minister for Justice, Equality and tion is to foster international co-operation in pro- Law Reform (Mr. McDowell): In view of the nat- tecting society against cybercrime. The Conven- ure of the question and in order to supply the tion deals specifically with the distribution of details requested by the Deputy it is necessary for child pornography on the internet, infringements the Garda authorities to make enquires in each of copyright, computer related fraud and Garda Division. I will be in contact with the violations of network security. On 15 September Deputy when the information is to hand. 2006, I announced that Government approval had been obtained for the drafting of the Criminal Criminal Injury Compensation. Justice (Miscellaneous Provisions) Bill. This Bill 94. Mr. J. O’Keeffe asked the Ta´naiste and is being used to give effect to a number of inter- Minister for Justice, Equality and Law Reform national instruments including the Council of if his attention has been drawn to the delays in Europe Convention on Cybercrime 2001. arranging hearings in respect of criminal injury My Department is fully committed to co- compensation, as in the case of a person (details operating with and promoting these measures supplied); and the obstacles to more timely pro- nationally, at EU level and the wider inter- cessing of claims. [6958/07] national level. Ta´naiste and Minister for Justice, Equality and Garda Investigations. Law Reform (Mr. McDowell): I can inform the 92. Mr. O’Dowd asked the Ta´naiste and Mini- Deputy that under the terms of Article 2 of the ster for Justice, Equality and Law Reform the Scheme of Compensation for Personal Injuries number of headline offences recorded and Criminally Inflicted, the Tribunal is entirely detected for each Garda division in the Louth responsible for deciding individual applications area for year ending 31 December 2002 and to including appeals against first instance decisions date in 2007; and if he will make a statement on by the Tribunal. I understand, however, that the the matter. [6953/07] appeal referred to is in line for hearing and that the Secretary to the Tribunal will be in contact with the applicant’s solicitors in the near future Ta´naiste and Minister for Justice, Equality and to make the necessary arrangements. Law Reform (Mr. McDowell): Following the sub- mission to me in 2004 of a report and recom- mendations by an expert group on crime statis- Residency Permits. tics, I decided that the compilation and 95. Mr. G. Mitchell asked the Ta´naiste and publication of crime statistics should be taken Minister for Justice, Equality and Law Reform over by the Central Statistics Office, as the further to Parliamentary Question No. 129 of 29 national statistical agency, from the Garda Sı´och- November 2006, the consideration that has been a´na. The Garda Sı´ocha´na Act, 2005 consequently given to the application for leave to remain on makes provision for this and the CSO has estab- the basis of family reunification and on humani- lished a dedicated unit for this purpose. Follow- tarian grounds in the case of a person (details ing the setting up of the necessary technical supplied) in Dublin 15; when a decision will be systems and auditing of the data from which the made; and if he will make a statement on the statistics are compiled, I am pleased to note that matter. [6964/07] the CSO is now compiling and publishing crimi- nal statistics and has published provisional head- Ta´naiste and Minister for Justice, Equality and line crime statistics for the third and fourth quar- Law Reform (Mr. McDowell): I wish to refer the ters of 2006. In addition, it has compiled and Deputy to my response to Parliamentary Ques- published a series of quarterly and annual statis- tion 129 of 29 November 2006. At present there tics for the period starting with the first quarter is no Family Reunification application pending in of 2003. I understand that the CSO are examining respect of the above named. The person con- how the crime statistics published might be cerned arrived in the State on 8 June, 2005 and expanded and made more comprehensive. applied for asylum. His application was refused I have requested the CSO to provide the infor- following consideration of his case by the Office mation sought by the Deputy directly to him. of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Road Traffic Offences. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was 93. Ms O. Mitchell asked the Ta´naiste and informed by letter dated 24 January, 2006, that Minister for Justice, Equality and Law Reform the Minister proposed to make a deportation the number of the instances in which penalty order in respect of him. He was given the options, points were imposed where the offender chose to to be exercised within 15 working days, of making go to the Courts instead of paying the fined representations to the Minister setting out the charge fine; and if he will make a statement on reasons why he should be allowed to remain tem- the matter. [6956/07] porarily in the State; leaving the State before an 553 Questions— 22 February 2007. Written Answers 554 order is made or consenting to the making of a Ta´naiste and Minister for Justice, Equality and deportation order. Representations have been Law Reform (Mr. McDowell): I propose to take received on behalf of the person concerned. Questions Nos. 97 and 99 to 102, inclusive, This person’s case file, including all represen- together. tations submitted, will be considered under Three tenderers have submitted tenders in Section 3(6) of the Immigration Act, 1999, as respect of the Thornton Hall Prison Public amended, and Section 5 of the Refugee Act, 1996 Private Partnership Project. The tenders are (Prohibition of Refoulement). I expect the file to being evaluated by a team comprising senior Irish be passed to me for decision in due course. Prison Service managers, prison governors, and representatives of the National Development Fin- Garda Deployment. ance Agency. The evaluation team has the appro- priate technical, financial and legal expertise 96. Ms Burton asked the Ta´naiste and Minister available to it to assist in the evaluation of the for Justice, Equality and Law Reform further to tenders. It is intended to identify a preferred bid- a previous parliamentary question, if he will ver- der by the end of February 2007. Experience with ify the answer given that there has been a 97.75% other PPPs suggests that a period of discussion increase in the number of personnel allocated to and clarification with the preferred bidder may Blanchardstown Garda Station between be required before a contract can be signed but December 2006 and January 2007; if he will in any event I would hope to see a contract signed explain what the numbers given in this paragraph within a matter of months. are referring to; and if he will make a statement As the tenders are still being evaluated, I am on the matter. [6974/07] not in a position to outline all the steps that will be taken before signature of a contract. However Ta´naiste and Minister for Justice, Equality and I can say that the relevant officials are taking all Law Reform (Mr. McDowell): Further to the appropriate steps in accordance with EU Parliamentary Question No. 226 of 7 February Regulations, National Guidelines and Depart- 2007, a letter issued from my office on 13 ment of Finance PPP Guidelines in relation to the February, 2007 to the Deputy clarifying the procurement of this project. details given in my reply in relation to the person- nel strength of Blanchardstown Garda Station. 98. Mr. J. Higgins asked the Ta´naiste and Minister for Justice, Equality and Law Reform if Prison Building Programme. one of the preferred partners has withdrawn from the tendering process in relation to the proposed 97. Mr. J. Higgins asked the Ta´naiste and Mini- PPP development at Thornton, County Dublin; ster for Justice, Equality and Law Reform if his and if so, the reason for same. [7016/07] Department has received the final tenders for the proposed PPP development at Thornton, County Ta´naiste and Minister for Justice, Equality and Dublin. [7015/07] Law Reform (Mr. McDowell): Four consortia were short-listed to receive the tender docu- 99. Mr. J. Higgins asked the Ta´naiste and Mini- mentation and three of those have submitted ster for Justice, Equality and Law Reform the tenders. It is in the nature of tender competitions person who is evaluating the final tenders for the that it is open to any bidder to withdraw from a proposed PPP development at Thornton, County competition without giving reasons. I am not in a Dublin. [7017/07] position to give the reason why a particular con- sortium has decided not to proceed in this com- 100. Mr. J. Higgins asked the Ta´naiste and petition. Minister for Justice, Equality and Law Reform when a decision will be taken on which tender Questions Nos. 99 to 102, inclusive, answered will be awarded the contract for the proposed with Question No. 97. PPP development at Thornton, County 103. Mr. J. Higgins asked the Ta´naiste and Dublin. [7018/07] Minister for Justice, Equality and Law Reform if the provision of services such as water and sewer- 101. Mr. J. Higgins asked the Ta´naiste and age are to be included as part of the PPP contract Minister for Justice, Equality and Law Reform for the proposed development at Thornton, the expected date for signing the contract for the County Dublin. [7021/07] proposed PPP development at Thornton, County Dublin. [7019/07] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The provision of 102. Mr. J. Higgins asked the Ta´naiste and services to the site forms part of the invitation to Minister for Justice, Equality and Law Reform tender and it is, therefore, a matter for the suc- the steps involved before the contract for the pro- cessful bidder to provide services to the site. The posed PPP development at Thornton, County local authority will take the services in charge Dublin can be signed. [7020/07] once they have been completed. 555 Questions— 22 February 2007. Written Answers 556

104. Mr. J. Higgins asked the Ta´naiste and In the case of the first-named person, who Minister for Justice, Equality and Law Reform if satisfied the residency requirements at time of the provision of a new road to facilitate the pro- application, processing of her claim is continuing posed development at Thornton, County Dublin and I understand that the file will be presented is to be included as part of the PPP contract. to me shortly for a decision. I will inform the [7022/07] Deputy and the person concerned when I have reached a decision. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The site for the Residency Permits. proposed prison at Thornton Hall is accessed by the R130 road which, prior to the purchase of the 107. Mr. Durkan asked the Ta´naiste and Mini- site, was assessed and found to be fully adequate ster for Justice, Equality and Law Reform the to meet the requirements of the development. current or expected residency status in the case The tender documentation provides for some of a person (details supplied) in County Kildare; works on the existing road in the context of the and if he will make a statement on the matter. provision of services to the site. [7037/07] The question of providing a separate dedicated access has however been raised with me by local Ta´naiste and Minister for Justice, Equality and interests on a number of occasions and I have, in Law Reform (Mr. McDowell): I refer the Deputy response, undertaken to afford full consideration to Parliamentary Questions Nos. 702 of Tuesday, to any such proposals received. No decision has 25 April, 2006, and 329 of Wednesday, 27th been made in relation to this matter. September, 2006 and the written replies to those Questions. The position is unchanged. Citizenship Applications. 108. Mr. Durkan asked the Ta´naiste and Mini- 105. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the ster for Justice, Equality and Law Reform when residency status in the case of a person (details an application for naturalisation will be finalised supplied) in Dublin 22; and if he will make a in the case of a person (details supplied) in statement on the matter. [7038/07] Dublin 1; and if he will make a statement on the matter. [7035/07] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I would refer the Ta´naiste and Minister for Justice, Equality and Deputy to my earlier replies given to Parliamen- Law Reform (Mr. McDowell): I refer the Deputy tary Questions Numbers 345 and 266 of the 8th to my reply to Parliamentary Question Number and 9th March 2005 respectively. The person con- 370 on Wednesday 31 January 2007. The position cerned was granted refugee status in the State on remains as stated. the 11th January 2000. He was subsequently charged with and convicted of people trafficking 106. Mr. Durkan asked the Ta´naiste and Mini- offences in Belgium and served a prison sentence ster for Justice, Equality and Law Reform the in that country for those offences. position in regard to the application for citizen- As these offences are incompatible with the ship in the case of persons (details supplied) in principles of 1951 United Nation Convention for County Kildare; and if he will make a statement Refugees, his refugee status was revoked on the on the matter. [7036/07] 18th February 2005, under Section 21 (1) (g) of the Refugee Act, 1996. He has appealed this Ta´naiste and Minister for Justice, Equality and revocation to the High Court as is his right under Law Reform (Mr. McDowell): Applications for Section 21 (5) of the Refugee Act, 1996. I am naturalisation from the persons in question were informed by the Chief State Solicitor’s Office that received in the Citizenship Division of my the case is up for mention on the 8th March 2007 Department on 21 January 2005. when it is expected that a hearing will be fixed by While both persons are recognized refugees, the Court for a date later in the current law term. the second-named person did not satisfy the resi- In the meantime the person concerned is not dency requirement as set out in Section 15 of the required to leave the State before the final deter- Irish Nationality and Citizenship Act, 1956 as mination of his appeal or, as the case maybe, the amended. I will normally waive two years of the withdrawal of the appeal — Section 21 (6) of the statutory residency requirement in cases where it Refugee Act, 1996 refers. is appropriate to consider applications under the provisions of Section 16 of the above-mentioned 109. Mr. Durkan asked the Ta´naiste and Mini- Act. However, the second-named applicant was ster for Justice, Equality and Law Reform the not resident in the State for three years at the position of the application for residency in the time he applied for naturalisation and I decided case of a person (details supplied) in County to refuse his application at that time. His solicitor Galway; and if he will make a statement on the was advised of this on 19 October 2005. matter. [7039/07] 557 Questions— 22 February 2007. Written Answers 558

Ta´naiste and Minister for Justice, Equality and Dublin 15; and if he will make a statement on the Law Reform (Mr. McDowell): I wish to advise matter. [7045/07] the Deputy that the person in question was granted permission to remain in the State on 06 Ta´naiste and Minister for Justice, Equality and September 2005 for two years under the revised Law Reform (Mr. McDowell): I refer the Deputy arrangements for non national parents of Irish to Parliamentary Questions Nos. 191 of Thurs- children born prior to 1 January 2005, commonly day, 2nd February, 2006, and 178 of Thursday, referred to as the IBC/05 scheme. 22nd June, 2006 and the written replies to those Advertisements inviting applications for Questions. The position is unchanged. I refer the renewal of permission to remain granted under Deputy to my reply to Parliamentary Question the IBC/05 scheme were placed in National Number 625 on Thursday 6 July 2006. The posi- Newspapers on 31 January 2007. Details of the tion remains as stated. scheme and the renewals process can be found on my Department’s website (www.justice.ie). 113. Mr. Durkan asked the Ta´naiste and Mini- Applicants should submit their application for ster for Justice, Equality and Law Reform the renewal of their permission to remain granted current or expected residency status in the case under the IBC/05 Scheme, one month prior to the of a person (details supplied) in County Kildare date their permission to remain expires. My whose children were born here; and if he will Department has no record of a current appli- make a statement on the matter. [7046/07] cation in respect of the person in question. Ta´naiste and Minister for Justice, Equality and 110. Mr. Durkan asked the Ta´naiste and Mini- Law Reform (Mr. McDowell): The person in ster for Justice, Equality and Law Reform the question was originally granted permission to position in regard to residency in the case of a remain in the State on 2 May 2000 based on his person (details supplied) in County Galway; and parentage of an Irish born child. This permission if he will make a statement on the matter. has been renewed for the person concerned until [7040/07] 17 March 2008. The permission to remain in the State granted to the person mentioned is con- Ta´naiste and Minister for Justice, Equality and ditional on him continuing to reside in a family Law Reform (Mr. McDowell): I wish to advise unit with the Irish citizen child in question. In the the Deputy that the person in question was event that the person in question’s circumstances granted permission to remain in the State on 06th change in the future, he should notify the Irish September, 2005 for two years under the revised Naturalisation and Immigration Service of my arrangements for non national parents of Irish Department immediately as it may affect his resi- children born prior to 1st January 2005, com- dency in the State. monly referred to as the IBC/05 scheme. Advertisements inviting applications for 114. Mr. Durkan asked the Ta´naiste and Mini- renewal of permission to remain which was ster for Justice, Equality and Law Reform the granted under this scheme were placed in position regarding the application for residency National Newspapers on 31st January, 2007. and when their green card will be restored in the Details of the scheme and the renewal process case of a person (details supplied) in Dublin 15; can be found on my Department’s website and if he will make a statement on the matter. (www.justice.ie). [7047/07]

111. Mr. Durkan asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform the Law Reform (Mr. McDowell): I refer the deputy position in relation to the residency status in the to my previous replies in relation to the person case of a person (details supplied) in County in question and in particular my response to his Mayo; and if he will make a statement on the Question of 9 March 2006. Despite a number of matter. [7041/07] requests for specific information and supporting documentation relating to the person in ques- Ta´naiste and Minister for Justice, Equality and tion’s circumstances, I regret to say that the posi- Law Reform (Mr. McDowell): I refer the Deputy tion remains unchanged as the information to Parliamentary Questions Nos. 191 of Thurs- requested has not been forthcoming to date. day, 2nd February, 2006, and 178 of Thursday, However, it has been decided to give the person 22nd June, 2006 and the written replies to those in question one final opportunity to provide the Questions. The position is unchanged. specific information required and a decision on the case will be made shortly thereafter. Citizenship Applications. Refugee Status. 112. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the 115. Mr. Durkan asked the Ta´naiste and Mini- position in regard to the application for naturalis- ster for Justice, Equality and Law Reform the ation in the case of persons (details supplied) in proper procedure to be followed in the case of a 559 Questions— 22 February 2007. Written Answers 560

[Mr. Durkan.] 117. Mr. Durkan asked the Ta´naiste and Mini- person (details supplied) in County Cork; and if ster for Justice, Equality and Law Reform the he will make a statement on the matter. progress to date in the case of a person (details [7048/07] supplied) in Dublin 22 who has made an appli- cation for family reunification; and if he will Ta´naiste and Minister for Justice, Equality and make a statement on the matter. [7050/07] Law Reform (Mr. McDowell): The person con- cerned arrived in the State on 18 March, 2003 and Ta´naiste and Minister for Justice, Equality and applied for asylum. Her application was refused Law Reform (Mr. McDowell): I refer the Deputy following consideration of her case by the Office to my previous response to Question 1564/07 of of the Refugee Applications Commissioner and, the 31st January 2007. The Immigration Division on appeal, by the Refugee Appeals Tribunal. of my Department has recently been in contact Subsequently, in accordance with Section 3 of with the person concerned requesting further the Immigration Act, 1999, as amended, she was documentation. On receipt of a response the informed by letter dated 17 February, 2005, that application will then be processed further. the Minister proposed to make a deportation order in respect of her. She was given the options, 118. Mr. Durkan asked the Ta´naiste and Mini- to be exercised within 15 working days, of making ster for Justice, Equality and Law Reform further representations to the Minister setting out the to his reply to Parliamentary Question No. 136 reasons why she should be allowed to remain of 8 February 2007, if he and his Department’s temporarily in the State; leaving the State before attention has been drawn to the fact that in the an order is made or consenting to the making of case of a person (details supplied) in County a deportation order. Representations have been Dublin their daughter is the basis on which they received on behalf of the person concerned. remain here but that their mother was not aware This person’s case file, including all represen- of the newspaper notice regarding renewal of tations submitted, will be considered under residency status; if a late application is now Section 3(6) of the Immigration Act, 1999, as acceptable; and if he will make a statement on amended, and Section 5 of the Refugee Act, 1996 the matter. [7051/07] (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course. Ta´naiste and Minister for Justice, Equality and As the immigration status of the person con- Law Reform (Mr. McDowell): I refer the Deputy cerned has not been finally determined, it is at to my reply to Question No. 136 of 8th February, the discretion of the person referred to by the 2007. The person in question was granted per- Deputy as to whether she wishes to leave the mission to remain in the State on 24th January, State to join her husband in the UK. If she 2006 for a period of one year under the revised arrangements for parents of Irish children born chooses to do so, she will of course be subject to prior to 1st January, 2005. This permission is now any UK visa entry requirements. Should she wish due for renewal. to subsequently return to the State, she will be Applications for renewal of permission to the subject of Irish visa entry requirements. remain, which fall for renewal in January, As it is not clear as to the nationality of her February or March 2007 must be submitted by spouse, if he wishes to join her in this State, it is post to the IBC Unit by 2nd April, 2007. Details open to him to contact his nearest Irish embassy of the scheme and the renewal process can be or Consulate regarding any visa entry require- found on my Department’s website ments, he may be subject to. (www.justice.ie).

Residency Permits. Garda Investigations. 116. Mr. Durkan asked the Ta´naiste and Mini- 119. Ms Shortall asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the ster for Justice, Equality and Law Reform the position in regard to residency status in the case number of detections, prosecutions taken and of a person (details supplied) in Dublin 22; and if convictions secured for graffiti in each of the past he will make a statement on the matter. three years for which figures are available; the [7049/07] preliminary figures for 2006, with a breakdown for each Garda division of the Dublin metropoli- Ta´naiste and Minister for Justice, Equality and tan area; the number of these that were taken Law Reform (Mr. McDowell): The person in under the Criminal Damage Act, 1991 and the question is the subject of a Family Reunification number taken under the Litter Pollution Act, application made by her husband in November 1997 for each division; the Garda activity in 2005. The Immigration Division of my Depart- detecting and preventing graffiti; and if he will ment has recently been in contact with the hus- make a statement on the matter. [7054/07] band of the person concerned requesting further documentation. On receipt of a response the Ta´naiste and Minister for Justice, Equality and application will then be processed further. Law Reform (Mr. McDowell): I am informed by 561 Questions— 22 February 2007. Written Answers 562 the Garda authorities that the Criminal Damage makes provision for this and the CSO has estab- Act, 1991 and the Litter Pollution Act, 1997 lished a dedicated unit for this purpose. Follow- provide for the offences of damaging or defacing ing the setting up of the necessary technical property. systems and auditing of the data from which the The Criminal Damage Act 1991 does not statistics are compiled, I am pleased to note that provide a specific offence of defacing property the CSO is now compiling and publishing crimi- with graffiti. Statistics are therefore not available nal statistics and has published provisional head- to identify the number of persons prosecuted for line crime statistics for the third and fourth quar- offences involving graffiti. ters of 2006. In addition, it has compiled and I am informed by the Garda authorities that published a series of quarterly and annual statis- section 2(1) of the Criminal Damage Act 1991 tics for the period starting with the first quarter creates a simple offence of damaging property of 2003. I understand that the CSO are examining without lawful excuse. Section 4 of the Act how the crime statistics published might be creates the offence of having custody or control expanded and made more comprehensive. of anything with intent to cause damage to prop- I have requested the CSO to provide the infor- erty. Both of these offences are punishable on mation sought by the Deputy directly to her. summary conviction by a fine not exceeding \1,270 and/or imprisonment for a term not Refugee Status. exceeding 12 months. Following conviction on indictment these offences are punishable by a fine 120. Mr. Durkan asked the Ta´naiste and Mini- not exceeding \12,697 and/or imprisonment not ster for Justice, Equality and Law Reform if he exceeding 10 years. will review the full circumstances in the case of a person (details supplied) in County Cork; and if Section 7 of the Criminal Justice Act 2006 pro- he will make a statement on the matter. vides that where a Garda, who is in a public place [7058/07] or any other place under a power of entry author- ised by law or to which he or she was expressly Ta´naiste and Minister for Justice, Equality and or implicitly invited or permitted to be, finds or Law Reform (Mr. McDowell): I refer the Deputy comes into possession of anything he or she has to my replies to Da´il Questions No. 407 of 31 reasonable grounds for believing that it is evi- January, 2007, 151 of 14 December, 2006 and 56 dence of, or relating to, the commission of an of 30 November, 2006, in relation to this case. arrestable offence, he or she may seize and retain As previously advised the person concerned it for use as evidence in any criminal proceedings has had her case fully examined and it has been for such period from the date of seizure as is determined by the Office of the Refugee Appli- reasonable or, if proceedings are commenced in cations Commissioner, and upheld by the Refu- which it is required for use in evidence, until the gee Appeals Tribunal, that Belgium is the appro- conclusion of the proceedings. priate state to examine her application for I can assure the Deputy that the Garda auth- asylum. orities take the defacing of and damage to prop- I again wish to inform the Deputy that the per- ´ erty very seriously. The Gardaı have Operations son concerned has still not come forward to either Encounter and Assist in place focussing on tack- An Garda Sı´ocha´na or the Garda National Immi- ling anti-social behaviour including offences of gration Bureau and she should do so without any criminal damage, such as defacing property. further delay. When Gardaı´ detect such offences culprits are processed through the courts, or via the Juvenile Liaison System, as appropriate. Residency Permits. I am further informed by the Garda authorities 121. Mr. Durkan asked the Ta´naiste and Mini- that one of the topics of the Garda Schools Prog- ster for Justice, Equality and Law Reform the ramme (Primary) covers the area of vandalism. residency status in the case of persons (details Pupils are made aware of what vandalism entails supplied) in Dublin 22; and if he will make a and the financial cost of it to the individual and statement on the matter. [7059/07] the community. The Garda Schools Programme (Secondary) Ta´naiste and Minister for Justice, Equality and addresses the area of personal safety which Law Reform (Mr. McDowell): The person in includes discussion on vandalism and other forms question applied for permission to remain in the of anti-social behaviour, its costs and con- State under the revised arrangements for non sequences. national parents of Irish children born prior to 1st Following the submission to me in 2004 of a January, 2005, commonly referred to as the report and recommendations by an expert group IBC/05 scheme. A letter granting permission to on crime statistics, I decided that the compilation remain in the State for two years was issued on and publication of crime statistics should be taken 07th June 2005. over by the Central Statistics Office, as the Advertisements inviting applications for national statistical agency, from the Garda Sı´och- renewal of permission to remain in the State, a´na. The Garda Sı´ocha´na Act, 2005 consequently granted under the IBC/05 scheme, were placed in 563 Questions— 22 February 2007. Written Answers 564

[Mr. McDowell.] monitored and reviewed. Such monitoring National Newspapers on 31st January, 2007. ensures that optimum use is made of Garda Details of the scheme and the application process resources and the best possible Garda service is can be found on my Department’s website provided to the general public. (www.justice.ie). 123. Mr. Durkan asked the Ta´naiste and Mini- Garda Strength. ster for Justice, Equality and Law Reform when he expects Leixlip Garda station have a full range 122. Mr. Durkan asked the Ta´naiste and Mini- of services; and if he will make a statement on ster for Justice, Equality and Law Reform when the matter. [7063/07] Garda strength at all stations throughout County Kildare will be sufficiently increased to ensure Ta´naiste and Minister for Justice, Equality and adequate policing; and if he will make a state- Law Reform (Mr. McDowell): I am informed by ment on the matter. [7062/07] the Garda authorities that the new City Type Station Garda station for Leixlip is scheduled for Ta´naiste and Minister for Justice, Equality and completion in Autumn 2008. Law Reform (Mr. McDowell): I have been In general terms, City Type Stations consists informed by the Garda authorities, who are of reception, interview rooms, detention facilities, responsible for the detailed allocation of vehicle storage capacity, juvenile accommodation resources, including personnel, that the personnel facilities as well as accommodation for Garda strength (all ranks) of An Garda Sı´ocha´na personnel. It is the responsibility of Garda man- increased to a record 13,000 following the attest- agement to allocate personnel to particular ation of 299 new members on Thursday, 16 stations on a priority basis in accordance with the November, 2006. This compares with a total requirements of different areas. These personnel strength of 10,702 (all ranks) as at 30 June, 1997 allocations are determined by a number of factors and represents an increase of 2,298 (or 21.5%) in including demographics, crime trends and other the personnel strength of the Force during that operational policing needs. Accordingly, it will be period. The combined strength (all ranks), of matter for Garda management to determine the both attested Gardaı´ and recruits in training as at precise services to be provided from the new the 31 December 2006 was 14,068. Furthermore, station before occupation. I should say that in December, 2006 as part of a package of anti-crime measures, the Government approved the continuation of the existing Garda Crime Syndicates. recruitment programme to achieve a total Garda 124. Mr. Durkan asked the Ta´naiste and Mini- strength of 15,000. The accelerated intake of ster for Justice, Equality and Law Reform the approximately 1100 new recruits per annum into extent to which criminals continue to operate the Garda College will continue, until this target their crime syndicates from prison; and if he will is met. The Garda Budget now stands at \1.4 make a statement on the matter. [7068/07] billion, an 11% increase on 2006 and a 96% increase since 1997 in real terms. Ta´naiste and Minister for Justice, Equality and I have been further informed by the Garda Law Reform (Mr. McDowell): I refer the Deputy authorities that the personnel strength of the to my reply to Questions No. 151 and No. 205 Carlow/Kildare Division on 31 December, 1997 of 7 November, 2006 and Question No. 262 of 3 and 20 February, 2007 (all ranks) was 281 and 370 October, 2006 in which I indicated that I was respectively. This represents an increase of 89 (or aware of reports which suggest that prisoners are 31.6%). attempting criminal activities from inside prison I should add that it is the responsibility of cells. I want to re-iterate that I am committed to Garda management to allocate personnel to and implementing all appropriate measures to within Divisions. These personnel allocations are prevent the possibility of such activity and to determined by a number of factors including ensure that the contact that prisoners have with demographics, crime trends and other oper- the outside world is tightly controlled and moni- ational policing needs. Such allocations are con- tored in an appropriate way. tinually monitored and reviewed along with over- In this regard, prisoner visits in all closed all policing arrangements and operational prisons are carefully controlled and held in sight strategy. This ensures that optimum use is made of prison officers and monitored on CCTV. In of Garda resources, and that the best possible addition, new visiting arrangements are in place service is provided to the public. in almost all closed prisons whereby only persons The next allocation of probationer Gardaı´ is who have been pre-approved by the Governor scheduled to take place on 14 March, 2007. The are permitted to visit. Telephone calls in closed needs of the Carlow/Kildare will be considered in prisons are monitored by prison officers and this allocation. incoming and outgoing mail is subject to examin- Garda personnel assigned throughout the ation by a prison censor. There is regular contact country, together with overall policing arrange- between the Prison Service and An Garda Sı´och- ments and operational strategy are continually a´na to discuss security issues and I can advise the 565 Questions— 22 February 2007. Written Answers 566

Deputy that Gardaı´ will be contacted whenever period. The combined strength (all ranks), of any suspected criminal offence has taken place. both attested Gardaı´ and recruits in training as at One of the major challenges in prisons today the 31 December 2006 was 14,068. Furthermore, lies in preventing access to contraband items, pri- I should say that in December, 2006 as part of a marily mobile phones and drugs, which for package of anti-crime measures, the Government obvious reasons, are viewed as highly valuable approved the continuation of the existing Garda commodities which could assist in illegal activity recruitment programme to achieve a total Garda from the prisoner cells. Efforts are made on a strength of 15,000. The accelerated intake of 275 continuous basis to prevent the flow of such con- new recruits per quarter into the Garda College traband into our prisons, by for example, the will continue until this target is met. The Garda installation of nets over exercise yards, vigilant Budget now stands at \1.4 billion, an 11% observation of prisoners by staff, upgraded increase on 2006 and a 96% increase since 1997 CCTV monitoring, the use of screened visits and in real terms. the use of daily prisoner and cell searches. In Garda management state that for security and addition, the Irish Prison Service is currently operational reasons it is not Garda policy to dis- examining technological options for dealing with close the number of Gardaı´ on duty in any given the use of mobile phones within prisons. area over any specific period of time. Random searches of cells and their occupants I have been informed by the Garda authorities and searching of correspondence and all other that the personnel strength of each Garda District items entering the prison have all intercepted sig- in DMR South Central, DMR North Central, nificant quantities of contraband in recent years. DMR South, DMR North, DMR West, DMR When a person is admitted to prison custody, he East, Louth/Meath, Carlow/Kildare and or she is searched and prohibited items and Wicklow/ Wexford on 31 December, 1997 and 31 money are taken. Similarly, searching takes place January, 2007 was as set out in the following of prisoners returning from court, temporary tables: release or after visits. Searches of prisoners also take place where their behaviour or information DMR South 31/12/97 31/01/07 received raises suspicions that they may be in pos- Central session of contraband. The Prison Service has recently conducted a number of trial tests on District A 199 214 modern cameras and probe systems which assist District B 322 343 in searching previously difficult areas such as hol- District E 186 178 low chair or bed legs, U-bends in toilets, drain holes, under floor boards and other cavities. Total 707 735 Initial tests would appear to indicate that these new technologies will be a valuable asset in this area. The new prison estates at Thornton Hall DMR North 31/12/97 31/01/07 and Munster will also make it harder for contra- Central band to enter the prison over the perimeter walls by means of locating recreation yards away from District C 231 281 perimeter walls and thus ensuring a cordon District D 156 168 sanitaire. District U 198 208

Garda Deployment. Total 585 657 125. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the number of Gardaı´ on duty on a daily and nightly DMR South 31/12/97 31/01/07 basis in each Garda division and district through- out Dublin City and County and in the immediate District G 136 172 adjoining counties; and if he will make a state- District M 196 249 ment on the matter. [7069/07] District P 139 174

Ta´naiste and Minister for Justice, Equality and Total 471 595 Law Reform (Mr. McDowell): I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel DMR North 31/12/97 31/01/07 strength (all ranks) of An Garda Sı´ocha´na increased to a record 13,000 following the attest- District H 245 247 ation of 299 new members on Thursday, 16 District R 181 211 November, 2006. This compares with a total District J 151 180 strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in Total 577 638 the personnel strength of the Force during that 567 Questions— 22 February 2007. Written Answers 568

[Mr. McDowell.] Drugs Unit, the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau DMR West 31/12/97 31/01/07 (CAB) and other specialised units, all of which have had increased resources. District Q 127 186 I should add that it is the responsibility of District K 247 332 Garda management to allocate personnel to and District L 139 203 within Divisions on a priority basis in accordance with the requirements of different areas. These Total 513 721 personnel allocations are determined by a number of factors including demographics, crime trends and other operational policing needs. DMR East 31/12/97 31/01/07 Garda management state that such allocations are continually monitored and reviewed along District F 213 195 with overall policing arrangements and oper- District N 160 205 ational strategy. This ensures that optimum use is District W 173 190 made of Garda resources, and that the best pos- sible service is provided to the public. Total 546 590 Visa Applications.

Louth/Meath 31/12/97 31/01/07 126. Mr. Gregory asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform if Drogheda 92 113 arrangements can be made for the renewal of the green card and Garda immigration card for a per- Ashbourne 56 77 son (details supplied) in Dublin 1. [7079/07] Kells 42 50 Balbriggan 51 57 Ta´naiste and Minister for Justice, Equality and Navan 70 65 Law Reform (Mr. McDowell): I am informed by Trim 50 44 the Immigration Division of my Department that Dundalk 137 144 the person concerned has recently renewed their permission to remain with the Garda National Total 498 550 Immigration Bureau and has permission to remain until the 13 February 2008.

Carlow/Kildare 31/12/97 31/01/07 Deportation Orders.

Kildare 66 77 127. Mr. Kehoe asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the Carlow 68 92 amount that has been spent by his Department in Naas 98 136 the past five years on flying people who have Baltinglass 49 62 been deported out of this country; and the Total 281 367 amount that has been spent on solicitors fees for the holding of judicial reviews by people fighting deportation orders. [7080/07]

Wicklow/Wexford 31/12/97 31/01/07 Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The deportation Wexford 76 103 costs provided as follows refer to the deportation Gorey 63 87 of either illegal immigrants, persons refused refu- Enniscorthy 41 46 gee status in the State or persons whose appli- New Ross 37 47 cations for asylum have been transferred to Wicklow 52 61 another country under the Dublin Convention/ Dublin II Regulations. The vast majority of the Total 269 344 removals involved persons who were refused refugee status in the State. The Deputy should appreciate that, as with any Set out as follows are the yearly cost of large organisation, on any given day, personnel removals of persons subject to either deportation strengths of individual stations may fluctuate due, or transfer orders since the commencement of the for example, to promotions, retirements and Immigration Act 1999 by scheduled/commercial transfers. and charter flights (including ferries in very lim- I am also informed that the resources of these ited circumstances for some Dublin II removals) Divisions are further augmented by a number of for deportees/transferees and their Garda escorts. Garda National Units such as the Garda National 569 Questions— 22 February 2007. Written Answers 570

Year Cost (Euros) of Year Expenditure scheduled/commercial flight removals \

\ 2002 1,019,606 2003 311,697 1999 27,355 2004 941,207 2000 429,570 2005 2,576,027 2001 1,080,604 2006 2,306,556 2002 1,187,626 2003 1,569,813 2004 1,797,523 Departmental Expenditure. 2005 1,725,745 128. Mr. Durkan asked the Ta´naiste and Mini- 2006 1,607,685 ster for Justice, Equality and Law Reform when he first came to the conclusion that the cost of Full total 9,425,921 any tribunal under the remit of his Department was excessive; if he has identified the alleged The figures above do not include the cost of over- cause of such costs; and if he will make a state- ment on the matter. [7082/07] time or subsistence payments for Garda escorts but do include the cost of 25 charter flights since \ Ta´naiste and Minister for Justice, Equality and 2002 at a total cost of 3,597,373 Euro. Law Reform (Mr. McDowell): The Deputy will The deportation of illegal immigrants and appreciate that the Mahon tribunal does not refused asylum seekers is costly, particularly to operate under the aegis of my Department and, distant countries such as Nigeria, China, etc. In accordingly, it would not be appropriate for me, most cases removals are carried out using com- by way of answer to a Parliamentary Question, to mercial flights which usually involves transit add to the remarks which I have already made through other European airports as Ireland does publicly about the matter. not have direct flights to most of the countries of I have always been concerned about the cost of return. In addition, most flights have to be tribunals and for that reason I actively pursued booked at short notice very near the date of the passage through the Houses of the Oireachtas departure which involves higher costs than if of the Commissions of Investigation Act, 2004 as booked well in advance. an alternative, more cost-effective and timely Also, in considering the costs of deportations, avenue to important investigations. the considerable expense arising from the con- tinued presence in the State of persons who are Crime Levels. the subject of deportation orders has to be taken 129. Mr. Durkan asked the Ta´naiste and Mini- into account. These costs include social welfare ster for Justice, Equality and Law Reform the costs, direct provision costs, and detention costs number of persons convicted of gun crime in the in certain cases. While it is important to keep past five years; and if he will make a statement deportation costs to a minimum, not to remove on the matter. [7083/07] persons refused permission to remain in the State would call into question the integrity of the entire Ta´naiste and Minister for Justice, Equality and immigration system. This would leave this coun- Law Reform (Mr. McDowell): I am informed by try open to further illegal immigration and even the Garda authorities that its records currently more expense to taxpayers. show there have been 269 individuals recorded It should be made clear that the Chief State who have a conviction for a headline offence Solicitor acts on behalf of the Minister for Justice which involved a firearm from 2002 to 2006. Equality and Law Reform in civil actions involv- Operation Anvil is central to the strategy of the ing the Minister and all costs in relation to legal Garda Sı´ocha´na in combating serious crime and in particular murder. The Operation has proven advice or assistance afforded to him are borne by to be very successful in disrupting the criminal the Vote of the Chief State Solicitor. activities of a number of key criminal gangs. It However, legal costs incurred by the opposing has resulted in a number of high-profile arrests side in a civil case involving the Minister may be and the acquisition of intelligence on the move- borne on the Vote of the Minister in circum- ments of criminals. Notable improvements have stances where the Court, as part of its judgment been achieved in combating the types of crime in the case, awards costs against the Minister or being targeted by the Operation. In particular, where the case is settled prior to the Court hear- crime statistics for the fourth quarter of 2006 ing and one of the terms of the settlement is that showed an increase of 34% in detections of pos- the Minister bears the legal costs of the oppos- session of firearms which clearly contributed to ing side: the reduction of 3.4% in discharges of firearms. 571 Questions— 22 February 2007. Written Answers 572

[Mr. McDowell.] Ta´naiste and Minister for Justice, Equality and Operation Anvil also contributed to the increase Law Reform (Mr. McDowell): As of 20 February, in that quarter of detections of offences of pos- 2007 the available bed capacity of the prison session of drugs for sale or supply which is closely system was 3,415 and there were 3,296 persons in associated with many murders using firearms. custody on that date. This represents an occu- The most recent figures available to me, up to pancy level of 97%. 11 February, show the massive effect which Oper- It should be noted that this issue is not simply ation Anvil has been having since its inception one of matching the global prisoner population to in May 2005. In the Dublin Metropolitan Region a global figure for beds or cells. A number of there have been 7,488 arrests for serious crimes, factors have to be taken into account including comprising of 69 arrests for murder, 1,916 arrests the prisoner’s age, gender, the nature of the for burglary, 880 arrests for robbery and 879 offence, location, security and whether they are arrests for serious assaults. There have also been on remand or sentenced. When these factors are 1,793 arrests for theft offences. In addition 27,804 taken into account the prison system currently searches have been carried out, comprising 24,177 operates close to the capacity limit. for drugs, 2,168 for thefts and 1,459 for firearms. I have authorised the Irish Prison Service to Also 631 firearms have been seized and there engage in a significant project to upgrade and have been 9,533 seizures under Section 41 of the increase the number of prison places. This is Road Traffic Act. Over 49,900 checkpoints have being addressed by constructing new facilities been carried out and property to the value of notably in Dublin and Munster. The new facilities \16.2m has been recovered. will offer significant improvements in the areas of Operation Anvil is, of course, only one element work training, education and medical services as of the unprecedented resources being made avail- well as providing predominantly single cell able in the fight against crime. accommodation with in-cell sanitation. These are A wide range of provisions to combat gun major undertakings involving replacement of crime were introduced in the Criminal Justice close to 40% of the entire prison estate. Act, 2006. With effect from 1 November, 2006 mandatory minimum sentences, of between five Question No. 133 answered with Question and ten years, came into effect for certain fire- No. 66. arms offences, including possession of a firearm in suspicious circumstances, possession of firearm Crime Levels. with criminal intent, possession of a firearm with 134. Mr. Durkan asked the Ta´naiste and Mini- intent to endanger life or cause serious injury to ster for Justice, Equality and Law Reform the property, possession of a firearm while hijacking extent to which Irish criminal gangs operate from a vehicle, and use or production of a firearm to exotic overseas locations; the reason they are not resist arrest. extradited; and if he will make a statement on the matter. [7091/07] Question No. 130 answered with Question No. 59. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by Crime Levels. the Garda Authorities that, particularly as a 131. Mr. Durkan asked the Ta´naiste and Mini- result of the proactive role of the Criminal Assets ster for Justice, Equality and Law Reform the Bureau and other specialist units in targeting the number of gun crime incidents in the past five proceeds of crime in this jurisdiction, a number years; the number of convictions on foot thereof; of Irish criminals have re-located to the continent. the number of times bail was awarded in such Some of these individuals continue to engage cases; and if he will make a statement on the in criminal activity and this may impact on crimi- matter. [7088/07] nality in this jurisdiction. There is some evidence to support the fact that criminal groupings in this Ta´naiste and Minister for Justice, Equality and State have links to similar groups in other juris- Law Reform (Mr. McDowell): The information dictions. However, it is not possible to quantify requested by the Deputy is currently being the extent to which Irish nationals based abroad researched. I will contact the Deputy again when are involved in criminal activity. the information is to hand. Where evidence exists to support a prosecution in this State against any particular individual residing outside the jurisdiction, an extradition Prison Accommodation. application is pursued with the competent auth- 132. Mr. Durkan asked the Ta´naiste and Mini- ority where extradition agreements are in place. ster for Justice, Equality and Law Reform the The Criminal Assets Bureau will continue its number of prison spaces available at present; the statutory remit to deprive criminals of their assets number of empty spaces; and if he will make a pursuant to the Proceeds of Crime Acts 1996 to statement on the matter. [7089/07] 2005 and relevant Revenue and Social Welfare 573 Questions— 22 February 2007. Written Answers 574 legislation irrespective of where the people in an overpayment of \44,975 was made to the question may be located. group concerned, on discovery of which the Department contacted the applicant requesting 135. Mr. Durkan asked the Ta´naiste and Mini- the repayment of the excess amount and this was ster for Justice, Equality and Law Reform the subsequently repaid. While the initial over- number of persons on criminal charges who have payment is regretted, the position is that the absconded while on bail in the past five years; applicant is now in receipt of the grant amount as and if he will make a statement on the matter. allocated and approved following independent [7092/07] assessment.

Ta´naiste and Minister for Justice, Equality and Citizenship Applications. Law Reform (Mr. McDowell): The information requested by the Deputy is currently being 139. Mr. Penrose asked the Ta´naiste and Mini- researched. I will contact the Deputy again when ster for Justice, Equality and Law Reform the the information is to hand. position in relation to the application for citizen- ship by a person (details supplied); when same Question No. 136 answered with Question will be awarded; and if he will make a statement No. 66. on the matter. [7105/07]

137. Mr. Durkan asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform the Law Reform (Mr. McDowell): An application for number of cases in which persons charged with a certificate of naturalisation on behalf of the per- gun crimes have received bail and subsequently son in question, who is a minor, was received in re-offended while on bail in each of the past five the Citizenship Section of my Department on 6 years; and if he will make a statement on the October 2006. matter. [7094/07] Due to the fact that applications on behalf of minors generally require less processing than Ta´naiste and Minister for Justice, Equality and standard adult applications, it is usually possible Law Reform (Mr. McDowell): The information to finalise them more quickly. Based on current requested by the Deputy is currently being processing trends, it is likely that the application researched. I will contact the Deputy again when on behalf of the person concerned will be the information is to hand. finalised in first quarter of 2008. I will advise the Deputy and the applicant when Grant Payments. I have reached a decision in the matter. 138. Mr. Lowry asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the 140. Mr. Penrose asked the Ta´naiste and Mini- reasons a grant was withdrawn from a disability ster for Justice, Equality and Law Reform the group (details supplied) after it had been paid position in relation to the application for citizen- out, in view of the fact that the group had ordered ship by a person (details supplied); when same capital items they had sought grant aid for, on will be awarded; and if he will make a statement receipt of the original Departmental confirmation on the matter. [7106/07] of 100% support; if he will review the situation and honour the original allocation as confirmed Ta´naiste and Minister for Justice, Equality and by his Department on 11 December 2006; his Law Reform (Mr. McDowell): An application for views on the withdrawal of funding from dis- a certificate of naturalisation on behalf of the per- ability groups; and if other groups have had fund- son in question, who is a minor, was received in ing allocated and then withdrawn; and if he will the Citizenship Section of my Department on 6 make a statement on the matter. [7095/07] October 2006. Due to the fact that applications on behalf of Ta´naiste and Minister for Justice, Equality and minors generally require less processing than Law Reform (Mr. McDowell): The disability standard adult applications, it is usually possible group concerned applied to my Department for to finalise them more quickly. Based on current funding of \99,945 under the Independent Living processing trends, it is likely that the application Support Programme to purchase and convert for on behalf of the person concerned will be accessible use two Renault Master vehicles. This finalised in first quarter of 2008. application was appraised by an independent I will advise the Deputy and the applicant when evaluation committee which recommended that I have reached a decision in the matter. they receive 50% of the funding sought, 90% of which (\44,975) to be paid on agreement of con- Pension Provisions. tract and the 10% balance on completion of the contractual commitment. 141. Mr. Naughten asked the Minister for Fin- No funding was withdrawn from the group, or ance his plans to return pension rights to women any other group under the Programme. However, forced out of the public service due to the mar- 575 Questions— 22 February 2007. Written Answers 576

[Mr. Naughten.] orities that the new City Type Station Garda riage ban; and if he will make a statement on the station for Leixlip is scheduled for completion in matter. [6952/07] Autumn 2008. In general terms, City Type Stations consists Minister for Finance (Mr. Cowen): The Deputy of reception, interview rooms, detention facilities, will be aware that I have primary responsibility vehicle storage capacity, juvenile accommodation for Civil Service pensions. The position is that, facilities as well as accommodation for Garda prior to 31 July 1973, the law required female personnel. It is the responsibility of Garda man- employees to resign on marriage. In such cases, agement to allocate personnel to particular employees under pension age who had at least stations on a priority basis in accordance with the five years service (six years in the case of resig- requirements of different areas. These personnel nations prior to 1 January 1968) qualified for allocations are determined by a number of factors marriage gratuities of 1/12th of salary per year of including demographics, crime trends and other service, subject to a maximum of one year’s operational policing needs. Accordingly, it will be salary. matter for Garda management to determine the The “Marriage bar” was removed in 1973. Var- precise services to be provided from the new ious initiatives, providing for reinstatement, in station before occupation. certain circumstances, of persons who had resigned on account of the “Marriage bar” were Public Service Contracts. then introduced by my predecessors. These initiatives were formally removed in 1996 follow- 143. Mr. Bruton asked the Minister for Finance ing a successful challenge, before the Labour his views on whether the companies that win the Court, that they discriminated in favour of a part- right to supply Government Departments and icular category of women. agencies should be published with the value of From a pensions point of view, it must be noted contracts as a matter of course as this information persons who were obliged to resign in such cir- is not currently made available; and his further cumstances received a “marriage gratuity” in lieu views on issuing guidelines to ensure this trans- of pension entitlement. To reinforce this point; a parency in respect of public procurement. person who had received a “marriage gratuity” [6948/07] and who is subsequently re-employed in the public service, must repay the gratuity, with com- Minister for Finance (Mr. Cowen): For con- \ pound interest, if they wish their former service tracts above the EU threshold (e.g. 137,000 for to be considered for pension purposes. Further, it supplies and services in Departments and should be noted, that prior to 1973 and the intro- Offices) there is a requirement that public bodies duction of the preservation of pension rights, publish certain information in a Contract Award officers resigning from the civil service before Notice within 48 days of the award in the Official reaching the minimum retirement age, other than Journal of the EU (OJEU). Information pub- on foot of the “Marriage bar”, had no entitlement lished in this way includes the value of the con- to a pension or any payment in lieu of pension. tract or the range of tender prices and the name There is no doubt, in regard to general policy of the successful tenderer. For contracts below and practice, that the application of the “Marri- the EU threshold, it is recommended that similar age Bar”, which operated up to 1973 would not information be published on etenders.gov.ie. (the be acceptable in modern times or to modern Government’s tendering website) as an aid to thinking. However, at that time, the practice was transparency and obtaining good statistics. generally accepted and the principle and In relation to guidelines, the Public Procure- approach fitted in with prevailing social thinking. ment Guidelines — Competitive Process 2004, I have no plans to change the Superannuation along with supporting guidance material Acts to provide pensions for officers who developed by the Department of Finance is avail- resigned on marriage before 1973. I would point able on etenders.gov.ie. These guidelines set out out that any such change would, inter alia, have the procedures to be followed by public bodies to wide ramifications and major cost implications in help ensure that the procurement process is relation to employees who left the public service carried out in an open and transparent manner. before the introduction of preserved pension entitlements. Tax Collection. 144. Mr. Wall asked the Minister for Finance if Garda Stations. a person (details supplied) in County Laois is due 142. Mr. Durkan asked the Minister for Fin- a tax rebate; and if he will make a statement on ance when he expects the long promised Leixlip the matter. [6971/07] Garda station to open; and if he will make a state- ment on the matter. [7063/07] Minister for Finance (Mr. Cowen): The Revenue Commissioners inform me that they Minister of State at the Department of Finance have not received a claim for a refund from the (Mr. Parlon): I am informed by the Garda auth- person in question. The taxpayer should submit 577 Questions— 22 February 2007. Written Answers 578 details of his pay and tax for the year 2006 for all rate of tax; and if he will make a statement on employments to Mr Eamonn McArdle, Kilkenny the matter. [6985/07] Revenue District, Hebron Road, Kilkenny. On receipt of these details a review will be carried Minister for Finance (Mr. Cowen): There are out in order to establish if a refund is due. many taxpayers who are nominally liable at the higher rate of tax but who effectively pay tax at Public Service Contracts. no more than the standard rate of tax. This is due to their higher rate liability for tax being fully off- 145. Ms Burton asked the Minister for Finance set by the value of their personal credits, as if his Department has conducted an assessment of explained in pages C23 to C28 of the 2007 the effect that the introduction of the new public Budget booklet. sector contracts being introduced on 19 February Assuming the enactment of the Budget 2007 2007 will have on sub-contractors; if there is measures in the Finance Bill it is estimated that, measurement of the impact the changes will have allowing for this effect, an estimated 39.6 % of all on sub-contractors; and if he will make a state- ment on the matter. [6978/07] PAYE income earners will be exempt from tax, 41% will pay tax at an effective rate of 20% or Minister for Finance (Mr. Cowen): The less and 19.3% will pay tax at an effective rate of Government decided to reform construction pro- more than 20%. curement to help achieve greater cost certainty, better value for money and more cost effective Departmental Properties. delivery of public works projects. My Depart- 147. Mr. O’Dowd asked the Minister for Fin- ment, with the assistance of the Government ance the situation regarding the former Customs Contracts Committee for Construction, specialist and Excise premises at Newry Road, Dundalk; legal /technical expertise and, following intensive the involvement by the Office of Public Works in consultation with the construction industry, the ownership or leasing of this premises; if they developed a suite of five new Forms of Construc- are responsible for public liability on this site; if tion Contract and Standard Conditions of he will outline on an individual basis each item of Engagement for Construction Consultants, to expenditure since May 2001 incurred by the OPW give effect to the Government decision. The Con- in relation to this site; the present security ditions of Engagement apply from 1 January 2007 arrangements in relation to this site and the cost and the new Construction Contracts apply from of same; the precise arrangements the OPW 19 February 2007. These reforms in the area of made or are making to ensure the safe and proper construction procurement are a core element in removal and disposal of all asbestos materials in the implementation of my Department’s Value this building complex including the asbestos for Money agenda. sheeting on the roof and along the outer walls; The new public works contracts do not inter- the steps being taken to guarantee full com- fere with the contractual relationship between pliance with current EU standards and regu- main contractors and domestic sub-contractors. lations in this matter; if they are ensuring that However, as part of the drive to achieve better there can be no unauthorised occupation or value for money and greater cost certainty in squatting in this building complex and that the public works projects there has been a change in site and buildings have not and cannot be used the contractual relationship between public sector for any illegal activities or practices; and if he will clients and main contractors in relation to special- make a statement on the matter. [7010/07] ist sub contractors. This change has been intro- duced as part of the Government’s reform of con- Minister of State at the Department of Finance struction procurement. It introduces single point (Mr. Parlon): Approximately two thirds of the responsibility in the contractual relationship Newry Road site is State owned and a long term between the main contractor and the specialist lease is held on the remainder. The State carries sub contractor, in line with best practice. The impact of this change will be positive for public the risk for Public Liability on the entire site. sector clients and, in turn, the taxpayer. The Details requested on expenditure since May 2001 impact of the separate contractual relationship are being compiled and will be forwarded to the between specialist sub-contractors and main con- Deputy separately, at the earliest opportunity. It tractors is a matter for the parties to that contract is planned to remove all the buildings from the to assess. site shortly and this will be done in a safe manner and in compliance with relevant EU regulations. The expectation is that the removal of the build- Tax Code. ings will significantly reduce the unauthorised 146. Mr. Kirk asked the Minister for Finance activities on the site. The question of further the percentage of PAYE workers who are outside security measures is being assessed at present. A the tax net; the percentage of PAYE workers on design team have been appointed for the redevel- the lower rate of tax; the percentage of PAYE opment of the site into a large Driving Test workers who pay the combined lower and higher Centre facility with off road manoeuvring com- 579 Questions— 22 February 2007. Written Answers 580

[Mr. Parlon.] which could include equestrian centres. However, pound. A full planning application is being pre- at this stage, as these schemes are now being pared for submission to the Local Authority. phased out, relief would only apply in the case of projects already established or those which met 148. Mr. Naughten asked the Minister for Fin- the various transitional arrangements put in place ance the status of a site purchase (details as part of the phasing out process. In general, supplied); if there is a deadline for the signing of commercial premises must be in use either by an contracts; if the landowners or their agents have owner-occupier for the purposes of a trade or raised queries regarding the contract documents; profession or by a lessee who is renting the prem- if so, when; the date such queries were responded ises on commercial terms. to; if there are outstanding queries with the In order to qualify for tax relief under the Office of Public Works from the landowners or Urban and Town Renewal schemes the relevant their representatives; and if he will make a state- local authority must certify that the particular ment on the matter. [7032/07] development is consistent with the aims, objec- tives and criteria of the particular scheme. This Minister of State at the Department of Finance does not apply to the Rural Renewal scheme. (Mr. Parlon): The Commissioners of Public This scheme applies to the entire counties of Works in Ireland act as agents for the Depart- Leitrim and Longford and to certain areas of ment of Education and Science in the acquisition Roscommon, Sligo and Cavan. The Finance Act of sites for schools. Agreement was negotiated 2006 provided for the ending of these schemes on subject to contract, for the acquisition of a site 31 July 2008. However, as already indicated, this for the proposed Community School at the end extended deadline applies only to pipeline pro- of November, 2006. The Commissioners are cur- jects where certain transitional conditions were rently awaiting Contracts for Sale from the Ven- met. dors. No queries have been raised by the Land- Information on the various property-based owners or their Representatives regarding incentive schemes is available on the Revenue contract documents or any other business. website at www.revenue.ie in the ‘Leaflets and Guides’ section and in the publication ‘Tax Brief- Grant Payments. ing’ Issues 63, 64 and 65, also available on the Revenue website, contain articles on the trans- 149. Mr. Lowry asked the Minister for Finance itional arrangements for the phasing out of the if supports or incentives are available from his various property incentive schemes. Department for the development of an eques- trian centre. [7076/07] Health Services. Minister for Finance (Mr. Cowen): Iam 150. Mr. Durkan asked the Minister for Health informed by the Revenue Commissioners that the and Children the reason speech and language Business Expansion and Seed Capital schemes therapy has not been offered to a person (details provide tax relief to investors in respect of invest- supplied) in County Kildare; and if she will make ments in companies operating certain approved a statement on the matter. [7060/07] tourism facilities, including equestrian centres. Approval has been sought from the European Minister of State at the Department of Health Commission for an extension to the schemes for and Children (Mr. T. O’Malley): The Deputy’s a further seven years and the Commission’s question relates to the management and delivery response is awaited. To qualify under the of health and personal social services, which are schemes, an equestrian centre must submit a the responsibility of the Health Services Execu- three-year marketing and development plan for tive under the Health Act 2004. Accordingly, my approval by Fa´ilte Ireland. Department has requested the Parliamentary Apart from the schemes mentioned, there are Affairs Division of the Executive to arrange to no other specific tax supports or incentives avail- have this matter investigated and to have a reply able for the development of equestrian centres. issued directly to the Deputy. However, the general position under tax law is that expenses incurred wholly and exclusively for Organ Retention. the purposes of a trade are deductible in arriving at taxable profits. Relief is also available for capi- 151. Mr. J. Higgins asked the Minister for tal expenditure on plant and machinery used for Health and Children if she will meet the organis- the purposes of a trade. Tax relief, in the form of ation Parents for Justice in the near future. capital allowances, may still be available under [6957/07] one of the general property-based incentive schemes, depending on where the premises is Minister for Health and Children (Ms Harney): located and the circumstances of the case. Under Further to correspondence received and recent the Urban Renewal, Town Renewal and Rural contact my Office had with Parents for Justice, it Renewal schemes, tax relief is available for the is my intention to arrange a meeting at the earl- construction of certain commercial premises iest available opportunity. My Private Office will 581 Questions— 22 February 2007. Written Answers 582 be in further contact with the organisation December 2006. It was recommended that the directly to make the necessary arrangements in Group develop their proposal under the NCIP this regard. when staffing guidelines are available. I under- stand that the Childcare Directorate of the my Grant Payments. office has informed the group of this decision. 152. Dr. Twomey asked the Minister for Health and Children the status of a capital grant (details Health Services. supplied); and if she will make a statement on the 154. Mr. O’Shea asked the Minister for Health matter. [6976/07] and Children the position regarding the provision of radiotherapy for public cancer patients at Minister for Health and Children (Ms Harney): Waterford Regional Hospital; and if she will The Health Service Executive has responsibility make a statement on the matter. [6982/07] for the provision of capital funding to local services including the matter referred to in the Minister for Health and Children (Ms Harney): Deputy’s question. My Department has The development of radiation oncology at Water- requested the Parliamentary Affairs Division of ford Regional Hospital (WRH) is an integral part the Executive to arrange to have the matter of the Government’s National Plan for Radiation investigated and to have a reply issued directly to Oncology. This will be part of a major oncology the Deputy. development at WRH, including the provision of a 20 bed oncology day ward. The Health Service 153. Mr. Ring asked the Minister for Health Executive (HSE) has advised that it is not and Children when a group (details supplied) in intended to provide this development under its County Mayo will be approved and granted a co-location initiative at the hospital. staffing grant in order that the facility can It is my objective and that of the HSE to see open. [6980/07] the earliest delivery of the Plan in the best interests of cancer patients throughout the coun- Minister of State at the Department of Health try. In December last year I met with the Chair- and Children (Mr. B. Lenihan): As the deputy man and Chief Executive of the HSE and dis- will be aware, I have responsibility for the Equal cussed the timelines for the delivery of the Opportunities Childcare Programme 2000-2006 National Plan. The HSE and my Department are (EOCP) and the National Childcare Investment considering options to speed up the pace of deliv- Programme 2006-2010 (NCIP), which are being ery. In the interim, a service level agreement was implemented by the Office of the Minister for signed on 1 February between the HSE and the Children. University of Pittsburgh Medical Centre Whit- Under the EOCP support is provided towards field Clinic in County Waterford. This will sup- the staffing costs of employing childcare workers port the referral of public patients for radiation in community based childcare facilities in dis- oncology treatment pending the commissioning advantaged areas, ensuring that less advantaged of the radiation oncology centre at WRH. parents in those areas have access to quality childcare in order to facilitate access to education, Child Care Services. training and employment opportunities. Staffing grants under the EOCP have been extended to 155. Mr. O’Connor asked the Minister for 31 December 2007 for all groups who are meeting Health and Children the financial and other sup- the terms of their existing staffing grant contracts. port she has given to the community childcare A new programme of staffing grants under the sector; her plans to continue that support; and if NCIP is expected to be announced in 2007 and she will make a statement on the matter. will be informed by the outcome of a Value for [6987/07] Money Review of the EOCP which is currently in progress. The Review is expected to be com- Minister of State at the Department of Health pleted in the first half of 2007 following which the and Children (Mr. B. Lenihan): As the deputy procedures and criteria governing the new grant will be aware, I have responsibility for the Equal scheme will be made available both generally and Opportunities Childcare Programme 2000-2006 to existing staffing grant recipients. (EOCP) and the National Childcare Investment The Group in question applied for staffing Programme 2006-2010 (NCIP), which are being grant assistance under the EOCP. As part of the implemented by the Office of the Minister for process of closing the EOCP, all groups approved Children. funding were required to enter into contract with The EOCP 2000-2006, which is part funded by Pobal, who administer the grants on my office’s the European Union and for which the budget is behalf, by 31 December 2006. Following a recent now \500 million was created to develop child- appraisal of the application by the Programme care to meet the needs of parents in employment, Appraisal Committee, the application was not education and training. This Programme incor- recommended for funding under the EOCP, as it porates the Childcare Measures of the two could not meet the contractual timeframe of end Regional Operational Programmes of the 583 Questions— 22 February 2007. Written Answers 584

[Mr. B. Lenihan.] cations for capital grants under the NCIP are National Development Plan 2000-2006. To end assessed by reference to a number of criteria; chi- December 2006, approximately \381 million had efly the nature and extent of the need locally for been expended on developing childcare under the the service proposed, the applicant’s capacity to National Development Plan — \136 million in deliver the project proposed and value for capital expenditure and \246 million on current money. All proposals are expected to demon- expenditure. Community and voluntary projects strate how they will increase the supply of quality accounted for approximately 92% of this expen- childcare and community projects are expected to diture and private projects 8%. have a focus on disadvantage. One strand of the Nearly 32,000 new childcare places were deliv- Programme focuses on private providers, with a ered by grant beneficiaries to end June 2006. This maximum capital grant of \100,000 per facility. represents approximately 102% of the target set There is also a maximum of \1 million available for the Programme i.e. (31,300 new childcare per facility for community based/not for profit places). The overall total number of childcare providers. places, including new places, receiving grant aid During 2007, EOCP staffing grants continue to under the Programme now stands at over 56,000 be provided towards the staffing costs of child- places. Over 2,500 childcare staff are receiving care workers in community based childcare facili- support under the staffing grant scheme of which ties in disadvantaged areas. These grants help to approximately 98.5% are female and 1.5% are ensure that less advantaged parents in these areas male. have access to quality childcare to facilitate access City/County Childcare Committees delivered to education, training and employment oppor- 640 accredited courses with 8,418 participants and tunities. A new programme of staffing grants National Voluntary Childcare Organisations 209 under the NCIP is expected to be announced dur- accredited courses with 2908 participants with ing 2007 and will be informed by the outcome of funding provided under the Programme between a Value for Money Review of the EOCP which January 2005 and June 2006. The City/County is currently in progress. The Review is expected Committees and National Voluntary Childcare to be completed in the first half of 2007, following Organisations report that approximately 75% of which the procedures and criteria governing the participants have completed such training courses new grant scheme will be made available both over the same period. generally and to existing staffing grant recipients. Community and Voluntary Groups make up the bulk of grant beneficiaries under the Prog- 156. Mr. O’Connor asked the Minister for ramme, representing approximately 60% of suc- Health and Children the achievements of the cessful applicants under the Programme up to equal opportunities childcare programme under mid 2006. Approximately one third of grant ben- the National Development Plan 2000 to 2006; and eficiaries were located in the BMW Region and if she will make a statement on the matter. the other two thirds in the SAE Region. [6988/07] The closure of the EOCP is being managed in a way which seeks to facilitate grant applicants Minister of State at the Department of Health to the greatest extent possible given the various and Children (Mr. B. Lenihan): As the Deputy deadlines which projects must meet to be in com- will be aware, I have responsibility for the Equal pliance. Capital grant applicants who had Opportunities Childcare Programme 2000-2006. received indicative funding approval under the This Programme incorporates the Childcare EOCP, but who did not meet the contractual Measures of the two Regional Operational Prog- deadline of 31 December 2006, have been invited rammes of the National Development Plan 2000- to transfer to the NCIP with account taken of all 2006. To end December 2006, approximately relevant preparatory work under the EOCP. This \381 million had been expended on developing is intended to facilitate applicants who transfer to childcare under the National Development Plan the new programme. — \136 million in capital expenditure and \246 The smooth transition which is taking place million on current expenditure. Community and between the EOCP and NCIP, has been possible voluntary projects accounted for approximately because of the introduction of the NCIP in 92% of this expenditure and private projects 8%. January 2006 in advance of the EOCP’s closure. Nearly 32,000 new childcare places were deliv- With an allocation of \575 million, the NCIP is a ered by grant beneficiaries to end June 2006. This key element of the National Childcare Strategy represents approximately 102% of the target set 2006-2010, the aim of which is to deliver a more for the Programme i.e. (31,300 new childcare comprehensive approach to early years care and places). The overall total number of childcare education. The NCIP is designed to deliver 50,000 places, including new places, receiving grant aid additional childcare places, with a greater focus under the Programme now stands at over 56,000 on pre-school places for 3-4 year olds and school places. Over 2,500 childcare staff are receiving age childcare. Childcare places are provided support under the staffing grant scheme of which either through community based/not for profit approximately 98.5% are female and 1.5% are childcare groups or by private providers. Appli- male. 585 Questions— 22 February 2007. Written Answers 586

City/County Childcare Committees delivered children attending their service more than 640 accredited courses with 8,418 participants and doubled from 84 services in 2002 to 191 services National Voluntary Childcare Organisations 209 in 2005. In addition the number of services which accredited courses with 2908 participants with reported that there was at least one child funding provided under the Programme between attending who was a member of an ethnic min- January 2005 and June 2006. The City/County ority was 660 services or 53.4% of the 2005 total. Committees and National Voluntary Childcare The total number of children from ethnic minorit- Organisations report that approximately 75% of ies attending services supported under the Prog- participants have completed such training courses ramme was 3,327. over the same period. Approximately, \100 million in expenditure Community and Voluntary Groups make up was reported by grant beneficiaries in the BMW the bulk of grant beneficiaries under the Prog- region to end June 2006. More than \219 million ramme, representing approximately 60% of suc- in expenditure was reported by beneficiaries in cessful applicants under the Programme up to the SAE region for the same period. Nearly mid 2006. Approximately one third of grant ben- 10,872 new childcare places, and more than 2,100 eficiaries were located in the BMW Region and quality enhanced places, have been created in the the other two thirds in the SAE Region. BMW Region to end June 2006. Over the same The types of services offered by grant benefici- period approximately 20,878 new places, of which aries include Preschool/Playgroup 64%, nearly 50% are full time places, and more than Cre`che/Nursery 38%, After School 36%, Montes- 3,500 quality enhanced places were created in the sori 27% and Naı´onra (Irish Language Pre- SAE region. Over the same period 231 new facili- School) 6%. The proportion of services offering ties were build and 470 facilities upgraded in the full day care has increased from 30.7% as BMW region. In the SAE region 439 new facili- reported in 2002 to 39.6% as reported in 2005. ties were built and 797 facilities upgraded. The average operating hours for services have increased from 29.6 hours per week to 34.5 and 157. Mr. O’Connor asked the Minister for the proportion of services offering more than 40 Health and Children the progress to date of the hours of care per week has increased from 32.4% childcare strategy launched in Budget 2006; and to 41.1% over the period. As a result many if she will make a statement on the matter. parents now have greatly improved access and [6989/07] choice of childcare and accordingly beneficiaries have reported an increase in the percentage of Minister of State at the Department of Health parents engaged in employment, education or and Children (Mr. B. Lenihan): In Budget 2006, training up from 77.1% in 2002 to 80.7% in 2005. the Government introduced a number of signifi- The funding committed to date under the Prog- cant new developments under a new National ramme includes the provision of almost \108.2 Childcare Strategy 2006-2010. As part of these million towards childcare services operating in developments and to facilitate the delivery of the RAPID/ CLA´ R areas specially designated for new Strategy a new Office of the Minister for urban/rural regeneration. In excess of 20% of Children (OMC) was established. beneficiaries under the Programme are now from A key component of the National Childcare designated RAPID and approximately 11% are Strategy is the \575 million National Childcare from CLA´ R designated areas. Investment Programme (NCIP) 2006-2010. The A total of 9,552 new childcare places, of which NCIP succeeds the Equal Opportunities Child- 3,549 are full time and 6,003 are part time, were care Programme (EOCP) 2000-2006 and unlike created in RAPID/CLA´ R designated areas to the EOCP, the NCIP is entirely Exchequer end June 2006. In addition 164 new facilities were funded. The NCIP commenced in January 2006 built and 531 facilities upgraded in designated in advance of the closure of the EOCP, thereby areas over the same period. There are 1,163 child- facilitating the smooth transition between the care staff receiving support, of which 492 are full closure of the EOCP and the introduction of its time and 671 are part time, under the Programme successor. in services located RAPID/ CLA´ R designated The NCIP aims to provide a proactive response areas. to the development of quality childcare supports The number of services which reported caring and services, which are grounded in an under- for at least one child from a one parent family standing of local needs. The Programme has a rose from 459 services in 2002 to 891 services in target to create 50,000 additional childcare places 2005. Over the same period, the number of chil- with a greater focus on pre-school places for 3 to dren from such families attending services sup- 4 year olds and school age childcare. The ported under the Programme rose from 3,780 to additional places will include 5,000 after-school 7,313. This represents approximately 18% of all places and 10,000 pre-school education places. children attending services supported under the Childcare places are provided by community Programme. based not for profit childcare groups and by The number of services which reported that private childcare providers. One strand of the there was at least one Traveller child among the Programme is directed towards private providers, 587 Questions— 22 February 2007. Written Answers 588

[Mr. B. Lenihan.] to develop a National Childcare Training with maximum capital grant assistance of Strategy in order to co-ordinate the provision of \100,000 available per facility. Another strand is quality training to meet the growing needs of the directed towards community based not for profit childcare sector and to deliver on the targets set providers, with maximum capital grant assistance for additional childcare places under the NCIP. of \1 million available per facility. A target of 17,000 childcare training places has Since the beginning of the NCIP in January been set under the National Childcare Training 2006, over \40 million has been allocated in capi- Strategy 2006-2010 and the Department of Edu- tal grant assistance countrywide, which includes cation and Science, through the OMC, is in the almost \12.5 million to 32 community based not process of developing this Strategy. An Expert for profit childcare groups and almost \21.5 mil- Advisory Group has been established and will be lion to 285 private childcare providers. When supported by a number of representative sub- fully drawn down this funding is expected to lead groups from across the sector. It is expected that to the creation of almost 10,000 new childcare this Expert Group will report its findings later places and to the enhancement of over 2,800 this year. existing places. To date, more than 1,000 “Expr- A new Early Childcare Supplement (ECS) of ession of Interest Forms” have been submitted to \1,000 per annum was introduced for all children the 33 City/County Childcare Committees less than 6 years of age from April 2006. This is (CCCs), seeking capital funding under the NCIP. a direct, non-taxable payment of \250 per quarter These factors are indicative of how successful the year, in respect of each eligible child. In the last NCIP has been to date in stimulating interest in quarter of 2006, the ECS was paid in respect of childcare provision. 396,000 children. During 2007, EOCP staffing grants continue to A new Childminding Relief was also intro- be provided towards the staffing costs of child- duced in Budget 2006. Where an individual minds care workers, in community based childcare up to three children in the minder’s own home, facilities in disadvantaged areas. These grants no tax will be payable on the childminding earn- help to ensure that less advantaged parents in ings, provided the amount is less than \10,000 per these areas, have access to quality childcare to annum. This threshold was increased to \15,000 facilitate access to education, training and in Budget 2007. employment opportunities. A new programme of To further support parents, Paid and Unpaid staffing grants under the NCIP is expected to be Maternity Leave was increased by 4 weeks in announced during 2007 and will be informed by 2006 and will be increased by a further 4 weeks the outcome of a Value for Money Review of the in 2007. This will bring the total duration of Paid EOCP which is currently in progress. The Review Maternity Leave to 26 weeks and the total dur- is expected to be completed in the first half of ation of Unpaid Maternity Leave to 16 Weeks 2007, following which the procedures and criteria from March 2007. governing the new grant scheme will be made available both generally and to existing staffing 158. Dr. Devins asked the Minister for Health grant recipients. and Children the funding she has allocated for Under the NCIP, the role of the CCCs has the provision of childcare facilities in County been expanded to enable greater flexibility and Sligo under the equal opportunities childcare responsiveness to local needs. This new role programme; and if she will make a statement on includes the assessment of childcare needs across the matter. [6990/07] their City or County and supporting the develop- ment of quality childcare in areas where service Minister of State at the Department of Health gaps are identified. To this end, additional fund- and Children (Mr. B. Lenihan): As the Deputy ing was allocated to the CCCs by my Department will be aware, I have responsibility for the Equal for the implementation of their 2006 Supplemen- Opportunities Childcare Programme 2000-2006 tary Action Plans and was followed by the allo- (EOCP) and its successor, the National Childcare cation of increased funding for the implemen- Investment Programme 2006-2010 (NCIP), which tation of their 2007 Action Plans. This funding is are being implemented by the Office of the Mini- facilitating the recruitment of additional staff to ster for Children. take account of the expanded role. Over \14.75 million has been allocated under A total of over \11 million has been allocated the EOCP to childcare in Sligo to date. This to the CCCs for the implementation of their 2007 includes an allocation of \3.88 million for staffing Action Plans. In addition, to the role the CCCs grants, over \9.1 million for community not-for- play in the co-ordination of quality childcare pro- profit capital grants and \1.44 million to support vision at county/city level, they are mandated to Sligo County Childcare Committee in its role to address gaps in childcare training provision. At co-ordinate and develop childcare provision and present, childcare training is delivered by a training locally. Spending to date supports 981 number of providers including FA´ S, VECs and childcare places, including 683 new childcare some third level institutions. The National Child- places, in Sligo and also provides staffing grants care Strategy 2006-2010 includes a commitment to support 68 new staff. 589 Questions— 22 February 2007. Written Answers 590

The EOCP, which is part funded by the Euro- either through community based/not for profit pean Union and for which the budget is now \500 childcare groups or by private providers. Appli- million, was created to develop childcare to meet cations for capital grants under the NCIP are the needs of parents in employment, education assessed by reference to a number of criteria; chi- and training. The EOCP operates under three efly the nature and extent of the need locally for sub-measures to meet its aims and provides grant the service proposed, the applicant’s capacity to assistance in the form of: deliver the project proposed and value for money. All proposals are expected to demon- • capital funding for both community not for strate how they will increase the supply of quality profit groups and for private providers; childcare and community projects are expected to • staffing supports for community not-for- have a focus on disadvantage. There is a strong profit groups in disadvantaged areas; and focus on private provider applications, with a maximum capital grant of \100,000 per facility. • supports for Quality Improvement projects, \ including supports to the City/County There is also a maximum of 1 million available Childcare Committees and the National per facility for community based/not for profit Voluntary Childcare Organisations. providers. During 2007, EOCP staffing grants continue to The EOCP is now closed to new applications and be provided towards the staffing costs of child- all new capital and staffing funding applications care workers in community based childcare facili- will be made to the NCIP. ties in disadvantaged areas. These grants help to ensure that less advantaged parents in these areas 159. Ms Hoctor asked the Minister for Health have access to quality childcare to facilitate access and Children the steps she has taken to ensure to education, training and employment oppor- there is no delay in the provision of funding for tunities. A new programme of staffing grants childcare facilities in view of the closure of the under the NCIP is expected to be announced dur- equal opportunities childcare programme. ing 2007 and will be informed by the outcome of [6991/07] a Value for Money Review of the EOCP which is currently in progress. The Review is expected Minister of State at the Department of Health to be completed in the first half of 2007, following and Children (Mr. B. Lenihan): As the deputy which the procedures and criteria governing the will be aware, I have responsibility for the Equal new grant scheme will be made available both Opportunities Childcare Programme 2000-2006 generally and to existing staffing grant recipients. (EOCP) and the National Childcare Investment Programme 2006-2010 (NCIP), which are being implemented by the Office of the Minister for Children. Departmental Expenditure. The closure of the EOCP is being managed in 160. Mr. Glennon asked the Minister for a way which seeks to facilitate grant applicants Health and Children the amount of money that to the greatest extent possible given the various has been invested in children’s playgrounds over deadlines which projects must meet to be in com- the past five years; the number of playgrounds pliance. All EOCP capital grant applications were here; and the measures being put in place to required to be in contract by the end of 2006 in ensure that these facilities are being main- order to qualify for grant drawdown in 2007. All tained. [6992/07] applicants who met this deadline will be required to drawdown their grant funding by the end of Minister of State at the Department of Health 2007. Capital grant applicants who had received and Children (Mr. B. Lenihan): Since the publi- indicative funding approval under the EOCP, but cation of the National Play Policy, Ready, Steady who did not meet the contractual deadline, have Play! in March 2004 a total of \24.8 million of been invited to transfer to the NCIP with account Government funding has been expended on taken of all relevant preparatory work under the improving play infrastructure. This funding has EOCP. This is intended to facilitate applicants led to the development of playgrounds in every who transfer to the new programme. local authority area in the country, with special- The smooth transition which is taking place ised schemes for building play facilities in both between the EOCP and NCIP, has been possible urban and rural disadvantaged areas. Over 400 because of the introduction of the NCIP in playgrounds have been built to date with more in January 2006 in advance of the EOCP’s closure. the development process and due for completion With an allocation of \575 million, the NCIP is a in 2007. key element of the National Childcare Strategy Overall responsibility for maintaining play- 2006-2010 the aim of which is to deliver a more grounds rests with individual local authorities. comprehensive approach to early years care and education. The NCIP is designed to deliver 50,000 Higher Education Grants. additional childcare places, with a greater focus on pre-school places for 3-4 year olds and school 161. Mr. Kehoe asked the Minister for Health age childcare. Childcare places are provided and Children the reason students studying for a 591 Questions— 22 February 2007. Written Answers 592

[Mr. Kehoe.] maintained or assisted by recurrent grants from doctorate in clinical psychology abroad are given public funds) in other EU Member States with financial assistance while those studying for a effect from the 1996/97 academic year. The exten- doctorate in educational psychology are not; and sion of the Schemes at that time did not include her plans to change this anomaly. [6998/07] courses at postgraduate level and, accordingly, there is no grant aid available under the schemes Minister for Health and Children (Ms Harney): for students pursuing postgraduate studies out- The Health Service Executive (HSE) has the side of Ireland. responsibility for determining the composition of Any extension of the current arrangements to its staffing complement. In that regard, it is a provide for students pursuing postgraduate matter for the Executive to manage and deploy courses outside of Ireland could only be con- its human resources, including training and edu- sidered in the light of available resources and cation resources, to best meet the requirements other competing demands within the education of its Annual Service Plan for the delivery of sector. At present, there are no plans to expand health and personal social services to the public. the provisions in the grant schemes in relation to The HSE has advised that it does not provide postgraduate study abroad. financial assistance for students undertaking a However, Section 21 of the Finance Act 2000, Doctorate in Clinical Psychology abroad. as amended by Section 29 of the Finance Act The HSE’s priority in terms of funding psy- 2001, provides for the introduction of tax relief chology training is to increase the supply of clini- for postgraduate tuition fees paid in colleges out- cal psychologists within the public health service. side of Ireland. This relief, which is available from In this regard the HSE provides sponsorship to a the tax year 2000/01 onwards, applies at the stan- number of trainee psychologists to undertake a dard rate of tax. Further details and conditions in Doctorate in Clinical Psychology through one of relation to this tax relief are available from local the following four Irish universities: University tax offices. College Dublin, Trinity College Dublin, Univer- sity of Limerick, and NUI Galway. This three- Hospital Waiting Lists. year training programme may involve a clinical placement abroad which would be supported by 162. Mr. McGuinness asked the Minister for the HSE. Health and Children the reasons for the delay in The HSE is currently supporting upwards of arranging an assessment for a person (details 114 trainee clinical psychologists in the Irish uni- supplied) in County Kilkenny at Kilcreene versities. The objective is to reach a target of an Hospital for a knee operation; and if she will annual output of 50 clinical psychologists per arrange an early assessment and operation in annum from the four universities. view of the urgency of their case as described by The provision of additional educational psy- their general practitioner. [7011/07] chologists is not a current priority for the HSE. However, I understand from the National Edu- Minister for Health and Children (Ms Harney): cational Psychological Service (NEPS) that there Operational responsibility for the management are currently some 127 educational psychologists and delivery of health and personal social services employed by NEPS with plans, recently is a matter for the Health Service Executive and announced by my colleague the Minister for Edu- funding for all health services has been provided cation and Science, to increase the cohort by 31 as part of its overall Vote. Therefore, the Execu- in 2007. These educational psychologists are tive is the appropriate body to consider the part- recruited from competitions organised by the icular case raised by the Deputy. My Department Public Appointments Service. There is no has requested the Parliamentary Affairs Division requirement upon entry for candidates to possess of the Executive to arrange to have the matter Doctorate qualifications. investigated and to have a reply issued directly to A number of educational psychologists within the Deputy. NEPS do undertake post-graduate or doctorate Patients waiting more than three months on a study annually and these receive support under surgical waiting list may qualify for treatment the Department of Education and Science under the National Treatment Purchase Fund. It scheme for Reimbursement of Fees and receive is open to the person in question or anyone acting the requisite support, in this regard, from the on her behalf to contact the Fund directly in NEPS service. relation to this case. In general, support for third level students is a matter for the Department of Education and Medical Cards. Science and I understand that the Third Level Student Support Schemes were extended to 163. Mr. McGuinness asked the Minister for provide maintenance grants to eligible students Health and Children if a full medical card will be pursuing approved full-time undergraduate issued to a person (details supplied) in County courses of at least two-year’s duration (pursued Kilkenny; and if she will expedite a decision in in a university or a third level institution which is the case. [7012/07] 593 Questions— 22 February 2007. Written Answers 594

Minister for Health and Children (Ms Harney): Health Act 2004 and funding for all health Medical cards are made available to persons and services has been provided as part of its overall their dependants who would otherwise experi- vote. The HSE’s responsibility includes the oper- ence undue hardship in meeting the cost of ation of the Housing Aid Scheme for the Elderly, General Practitioner (GP) services. In 2005 the on behalf of the Department of Environment, GP visit card was introduced as a graduated Heritage and Local Government. Therefore, the benefit so that people on lower incomes, partic- Executive is the appropriate body to consider the ularly parents of young children, who do not particular case raised by the Deputy. My Depart- qualify for a medical card would not be deterred ment has requested the Parliamentary Affairs on cost grounds from visiting their GP. Division of the Executive to arrange to have the Since the beginning of 2005 substantial changes matter investigated and to have a reply issued. have been made to the way in which people’s eligibility for a medical card is assessed and these Departmental Expenditure. apply equally to the assessment process for a GP visit card. The income guidelines have been 166. Mr. Naughten asked the Minister for increased by a cumulative 29% and in addition Health and Children the allocation of funds for allowance is now made for reasonable expenses minor capital works to the Health Service Execu- incurred in respect of mortgage/rent, childcare tive services in County Roscommon in the year and travel to work costs. In June 2006 I agreed a 2006; the projects identifies and the projected further adjustment to the income guidelines for cost; the amount spent on professional fees on GP visit cards. These are now 50% higher than each project; the breakdown of such fees; the those in respect of medical cards. completion date of each project and final cost; if funds were reallocated, the projects identified As the Health Service Executive has the oper- and the associated costs; and if she will make a ational and funding responsibility for these statement on the matter. [7033/07] benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Depart- Minister for Health and Children (Ms Harney): ment has therefore requested the Parliamentary The Health Service Executive has responsibility Affairs Division of the Executive to arrange to for the provision of minor capital funding to local address this matter and to have a reply issued services including the matter referred to in the directly to the Deputy. Deputy’s question. My Department has requested the Parliamentary Affairs Division of Health Services. the Executive to arrange to have the matter 164. Mr. McGuinness asked the Minister for investigated and to have a reply issued directly to Health and Children if the child protection the Deputy. system is fully engaged in the case of a person (details supplied) in County Kilkenny; and if she Medical Qualifications. will expedite a resolution to the problem. 167. Mr. Lowry asked the Minister for Health [7013/07] and Children if her attention has been drawn to the fact that since May 2006 her Department no Minister of State at the Department of Health longer recognises the British medical qualifi- and Children (Mr. B. Lenihan): The Deputy’s cation BLAB; the reasons for this policy change; question relates to the management and delivery if her attention has been drawn to the number of of health and social services, which are the qualified doctors who have obtained this certifi- responsibility of the Health Service Executive cation in the UK and are awaiting recognition under the Health Act, 2004. Accordingly, my from the Irish Medical Council; if she will review Office has requested the Parliamentary Affairs the matter with a view to reinstating the BLAB Division of the Executive to arrange to have the recognition; and if she will make a statement on matter investigated and to have a reply issued the matter. [7078/07] directly to the Deputy. Minister for Health and Children (Ms Harney): Housing Aid for the Elderly. Under the Medical Practitioners Act 1978, the Medical Council is the statutory body charged 165. Mr. Kehoe asked the Minister for Health with responsibility for the registration and regu- and Children the status of the application for lation of medical practitioners. My Department special housing aid for the elderly for persons has no role in relation to the matter and I have (details supplied) in County Wexford; and if she no role in reviewing the decision of the Medical will make a statement on the matter. [7014/07] Council. I have therefore requested the Medical Council Minister of State at the Department of Health to respond directly to the Deputy on the matter. and Children (Mr. S. Power): Operational responsibility for the management and delivery of General Register Office. health and personal social services was assigned to the Health Service Executive (HSE) under the 168. Mr. P. McGrath asked the Minister for 595 Questions— 22 February 2007. Written Answers 596

[Mr. P. McGrath.] records on the Civil Registration System. Health and Children the reason the marriage cer- However if the marriage has taken place outside tificate in the case of an Irish couple, married in of Ireland, the registrar must be satisfied that the Rome, will not be accepted for registration of the marriage was civilly registered in the country in birth of their child; and if she will make a state- which it took place and must request a certificate ment on the matter. [7126/07] to this effect. If this marriage certificate is in a language which is not understood by the registrar, Minister for Health and Children (Ms Harney): he/she is entitled to seek a certified translation. An tArd-Chla´raitheoir (Registrar General) is the person with statutory responsibility for the Passport Applications. administration of the Civil Registration Service. I 169. Mr. J. O’Keeffe asked the Minister for have made enquiries with an tArd Chla´raitheoir Foreign Affairs the number of passports reported and the position is as set out below. as lost and as stolen during each of the years 2003 The provisions governing the registration of to 2006. [7077/07] births are set out in Part 3 of the Civil Regis- Minister for Foreign Affairs (Mr. D. Ahern): tration Act, 2004. These provisions were com- Prior to the introduction of the new Automatic menced with effect from 5 December 2005. Passport System (APS) in 2005, the figures for Section 19 of the Act includes provision for the lost or mislaid and stolen passports are only avail- registration of marital births. Section 22 provides able for Ireland. Since the introduction of central- for the registration of a father’s details where the ised production with APS from 2005 onwards we parents are not married to each other. The regis- can give worldwide figures. trar is obliged to satisfy himself/herself as to the The introduction of the biometric or e-Passport marital status of persons who seek to have their on 16 October, 2006 has greatly enhanced the names entered on the register of births as parents security features of the Irish passport. The pres- of a particular child in order to determine under ence of a microchip, containing a digital image of which section of the act the birth may be the holder, has for instance meant that any photo registered. substitution can now be more readily and easily In the case of a parent who presents to register detected. the birth of a child and who informs the registrar The figures for lost or mislaid and stolen pass- that his/her marriage took place in Ireland, the ports since 2003 are contained in the following registrar verifies this by checking the marriage table.

Year Location Total Lost or Stolen Total lost, % of total Passports mislaid mislaid or issued issued stolen

2003 Cork and Dublin 467,653 19,000 2,800 21,800 4.66% 2004 Cork and Dublin 498,956 20,000 2,000 22,000 4.41% 2005 World wide 630,000 31,500 5,900 37,400 5.9% 2006 World wide 630,000 32, 820 5,910 38,730 6.15%

Sports Capital Programme. throughout the country. The programme is adver- tised on an annual basis. 170. Mr. Connaughton asked the Minister for Applications for funding under the 2007 prog- Arts, Sport and Tourism if his attention has been ramme were invited through advertisements in drawn to the remarkable efforts of groups (details the Press on October 15th and 16th last. The clos- supplied) in County Galway to provide excellent ing date for receipt of applications was November sports and recreational facilities for their area 24th 2006. All applications received before the years before most other communities got deadline, including one from the organisation in involved in this whole area; if his attention has question, are currently being evaluated against further been drawn to the fact that there is an the programme’s assessment criteria, which are urgent need for a root and branch modernisation outlined in the guidelines, terms and conditions of this existing facility to bring it up to present of the programme. I intend to announce the grant day standards; if he will give every consideration allocations for the programme as soon as possible to a sizeable grant to give effect to these after the assessment process has been completed. ambitious plans; and if he will make a statement on the matter. [7002/07] Sports Funding. Minister for Arts, Sport and Tourism (Mr. 171. Mr. Connaughton asked the Minister for O’Donoghue): The sports capital programme, Arts, Sport and Tourism if his attention has been which is administered by my Department, allo- drawn to the importance of Tuam Stadium in so cates funding to sporting and community organis- far as the recreational and social life, not alone of ations at local, regional and national level Tuam town but also a wide hinterland of north 597 Questions— 22 February 2007. Written Answers 598

Galway is concerned; if his attention has been instance for the Minister for Agriculture and drawn to the ambitious plans to keep the stadium Food. Horse Racing Ireland and Bord na gCon abreast of modern trends; and if he will make a are the statutory bodies responsible for the horse statement on the matter. [7003/07] and greyhound racing industries respectively including integrity management and anti-doping Minister for Arts, Sport and Tourism (Mr. controls. However, officials of my Department O’Donoghue): I am very familiar with Tuam have been in contact with the Department of Stadium and, as the Deputy is aware, met a del- Agriculture and Food, Horse Racing Ireland and egation representing the project last week in Bord na gCon in relation to the particular issue relation to an application submitted under the raised by the Deputy. 2007 sports capital programme, which is adminis- The position is that Bord na gCon met last tered by my Department. This programme allo- week with officials from the Department of Agri- cates funding to sporting and community organis- culture and Food in relation to this issue and the ations at local, regional and national level Board plans to issue a statement and educational throughout the country. The programme is adver- brief to the greyhound public to ensure they tised on an annual basis. understand all aspects of the legal status and use Applications for funding under the 2007 prog- of unlicensed products. ramme were invited through advertisements in In line with the recommendations of the the Press on October 15th and 16th last. The clos- Dalton Report, I recently announced the estab- ing date for receipt of applications was November lishment of an independent Control and Appeals 24th 2006. All applications received before the Committee, to adjudicate on all integrity-related deadline, including that from Tuam Stadium, are cases arising in the greyhound industry. In Horse currently being evaluated against the prog- Racing, the Turf Club is responsible for the test- ramme’s assessment criteria, which are outlined ing of racehorses both in and out of competition. in the guidelines, terms and conditions of the programme. I intend to announce the grant allo- Sports Funding. cations for the programme as soon as possible after the assessment process has been completed. 174. Mr. Lowry asked the Minister for Arts, Sport and Tourism the supports available from 172. Mr. Connaughton asked the Minister for his Department or from tourism and sporting Arts, Sport and Tourism if his attention has been agencies funded by his Department for the drawn to the ambitious plans submitted to his development of an equestrian centre. [7073/07] Department for grant aid by a group (details supplied) in County Galway; if his attention has Minister for Arts, Sport and Tourism (Mr. further been drawn to the fact that this com- O’Donoghue): The sports capital programme, munity has turned a sleepy isolated village into which is administered by my Department, allo- a lively rural settlement centre providing much cates funding to sporting and community organis- needed employment and housing for new ations at local, regional and national level families; if he will look on the application with throughout the country. Projects seeking support sympathy and consideration; and if he will make under the programme must be directly related to a statement on the matter. [7004/07] the provision of sport and recreational facilities and be of a capital nature. Minister for Arts, Sport and Tourism (Mr. The programme is advertised on an annual O’Donoghue): I refer the Deputy to my reply to basis. Applications for funding under the 2007 Parliamentary Question 6768/07 of Wednesday programme were invited through advertisements 21st February 2007. in the Press on October 15th and 16th last. The closing date for receipt of applications was November 24th 2006. All applications received by Drugs in Sport. the deadline are currently being evaluated against 173. Ms Shortall asked the Minister for Arts, the programme’s assessment criteria, which are Sport and Tourism the action he has taken to outlined in the guidelines, terms and conditions tackle the problem of the illegal use of drugs or of the programme. remedies on race animals; if his attention has It is open to any project that meets the eligi- been drawn to a recent statement (details bility criteria to apply under the next round of supplied) indicating an extensive problem here; the programme. I should point out that the prog- and if he will make a statement on the matter. ramme is primarily directed at voluntary and [7057/07] community organisations and is not intended to fund wholly commercial enterprises. Minister for Arts, Sport and Tourism (Mr. Of the \800 million allocated to the Tourism O’Donoghue): I refer the Deputy to my reply to Programme of the National Development Plan Parliamentary Question 5558/07 of 15th February 2007-2013, \317 million will be invested in last and reaffirm that animal welfare and the area enhancing our tourism product and infrastructure of illegally imported animal remedies for grey- in accordance with Fa´ilte Ireland’s recently hounds and racehorses is a matter in the first launched Tourism Product Development Strategy 599 Questions— 22 February 2007. Written Answers 600

[Mr. O’Donoghue.] of an urban location along with the additional for the period to 2013, and in delivering a advantages of a readily available pool of skilled National Conference Centre in Dublin. That workers and excellent quality of life. Strategy proposes, inter alia, that certain key Decisions on where to locate are ultimately a products provided by the private sector, such as matter for the investing company and the criteria equestrian facilities, should be supported. It is used by such companies depends on the part- expected that the roll-out by Fa´ilte Ireland of icular requirements of the company. measures to give effect to the Strategy will com- mence shortly. Work Permits. As provided by Section 8 (1) of the National Tourism Development Authority Act, 2003, it is 176. Mr. Lowry asked the Minister for a matter for Fa´ilte Ireland to encourage, promote Enterprise, Trade and Employment the circum- and support the development and marketing of stances by which an Australian national may tourist facilities and services within the State. obtain employment here under the new work visa Accordingly, any decisions to be made in regard arrangements; and if he will make a statement on to funding for individual projects is a matter for the matter. [7075/07] Fa´ilte Ireland. Minister for Enterprise, Trade and Employ- State Property. ment (Mr. Martin): I recently introduced new employment permit schemes which include a 175. Mr. Kehoe asked the Minister for green card, work permit and intra company Enterprise, Trade and Employment the number transfer facility. A comprehensive guide to each of site visits that have taken place to the IDA of these schemes is available on my departments Business Park, Dublin Road, Carlow; the amount website at www.entemp.ie. These guides set out in spent to date by the IDA on the business park; detail the qualifying requirements and how to the amount of money that has been spent market- apply for a permit. ing the site by the IDA; the reason potential investors are deciding not to locate to the busi- ness park; and if he will make a statement on the Departmental Properties. matter. [7074/07] 177. Mr. F. McGrath asked the Minister for Social and Family Affairs the reason his office at Minister for Enterprise, Trade and Employ- Oisı´n House was closed; and the way persons can ment (Mr. Martin): IDA Ireland is the agency access social welfare information without con- with statutory responsibility for the attraction of tacting politicians. [6965/07] foreign direct investment (FDI) to Ireland and its regions. The marketing of individual areas for Minister for Social and Family Affairs (Mr. new or expansion FDI investments and jobs is a Brennan): My Department operates a network of day-to-day operational matter for the Agency. 130 local offices and branch offices throughout While I may give general policy directives to the the country. In the greater Dublin area there are Agency, I am precluded under the Industrial currently sixteen Social Welfare Local Offices Development Acts from giving directives regard- from which members of the general public may ing individual undertakings or from giving prefer- obtain information on the Department’s schemes ence to one area over others. and services. Each Office has officers who are IDA Ireland has informed me that in the past dedicated to providing information and are avail- 20 months it has hosted 14 visits by potential able to explain supports and services and to help investors to the Business and Technology Park on the Dublin Road, Carlow. To date almost \11.5 and assist people in completing forms and million has been invested by IDA Ireland in the accessing their entitlements. The work previously development of the Park. undertaken by the public office based in Oisı´n The marketing of any location in Ireland begins House has now been taken over by these offices in IDA’s overseas offices and is quite a lengthy in Dublin. process. The agency does not breakdown the Information services have been enhanced in costs of the separate elements involved in an indi- the local offices in recent years. Therefore it was vidual itinerary, such as salaries, travel costs etc. decided that the local offices would be the most so it is not possible to give a figure for the costs appropriate outlets for information services and involved in marketing the Carlow Business and that services previously provided at Oisı´n House Technology Park. should, in future, be provided from the Dublin- IDA Ireland is actively promoting Carlow based offices, in particular Apollo House in Tara Town Business and Technology Park for new Street. Oisı´n House was closed on 13th April foreign investment from the life sciences sector, 2006 and at the same time the general enquiry international and financial services sectors and telephone service provided by the Information high value manufacturing activities. The agency’s Services Section was extended and enhanced. A strategy is to market the town’s strategic location LoCall number 1890 66 22 44 is now in operation close to Dublin as providing all of the advantages which enables customers, regardless of their geo- 601 Questions— 22 February 2007. Written Answers 602 graphic location, to contact the Section for the viding information are available to explain sup- cost of a local call. ports and services and to help and assist people In addition, there are a number of other means in completing forms and accessing their entitle- by which members of the general public may ments. This service is available to pensioners in access social welfare information without con- common with other members of the public. tacting politicians. Presentations and talks are My Department produces a comprehensive given by staff of my Department to various range of information leaflets and booklets cover- interest groups relevant to their needs and my ing each social welfare payment or scheme. Infor- Department also attends exhibitions and sem- mation booklets for pensioners include publi- inars throughout the country promoting infor- cations on State Pension Transition, State mation on social welfare rights and entitlements. Pension Contributory, State Pension Non-Con- My Department produces a comprehensive tributory, Household Benefits Package, Free range of information leaflets and booklets cover- Travel, National Fuel Scheme and Living Alone ing each social welfare payment or scheme. Infor- Allowance. mation leaflets are available in a wide range of A Guide to Social Welfare Services (SW4), giv- outlets across the country, including all Social ing information on all our schemes and services, Welfare Local Offices, Citizens Information is also available. New pensioners are issued with Centres, Post Offices and from my Department’s a “Pensioners Checklist” advising them of all the LoCall Leaflet Line at 1890 20 23 25. Information supports to which they may be entitled. Infor- is also provided on my Department’s website at mation leaflets are available in a wide range of www.welfare.ie. outlets across the country, including all Social A proactive approach is taken in advertising Welfare Local Offices, Citizens Information new schemes and changes and improvements to Centres, Post Offices and from my Department’s existing schemes and services, by using an appro- LoCall Leaflet Line at 1890 20 23 25. Information priate mix of national and provincial media, is also available on my Department’s website information leaflets, fact sheets, posters and www.welfare.ie. direct mailshots. My Department also works The Central Information Services Unit in my closely with the Citizens Information Board Department operates a phone service where which provides information on social services people can get information on all our services. through its nationwide network of Citizen Infor- My Department takes a proactive approach in mation Centres (CICs), the Citizens Information advertising new schemes and changes and website and phone service. improvements to existing schemes and services, A number of voluntary organisations are also by using an appropriate mix of national and prov- funded by my Department for the provision of incial media, information leaflets, fact sheets, welfare rights and information services for groups posters and direct mailshots. such as lone parents, the unemployed, immi- My Department regularly gives presentations grants, returning emigrants, older people and or talks to retirement or pre-retirement groups. carers. Information stands are also provided at exhi- bitions throughout the country promoting infor- Pension Provisions. mation on social welfare rights and entitlements, 178. Mr. F. McGrath asked the Minister for including the annual Over-50s Shows. Social and Family Affairs the reason pensioners My Department also works closely with the who worked in the 1960s were not informed Citizens Information Board which provides infor- adequately about pension issues; and if there is mation on social services through its nationwide an obligation on his Department to ensure all network of Citizens Information Centres (CICs), pensioners are informed of all entitlements. the Citizens Information website and phone [6966/07] service. A number of voluntary organisations are also funded by my Department for the provision Minister for Social and Family Affairs (Mr. of welfare rights and information services for var- Brennan): The objective of my Department’s ious groups including older people. information policy is to ensure that all citizens, In time, the Department hopes to be in a posi- including pensioners, are made aware of their tion to offer pensions customers an enhanced entitlements and that they are kept informed of service by proactively inviting them to claim pen- changes and improvements in schemes and sions in advance of reaching pension age. In this services as they occur. The provision of infor- regard, work has already commenced on the mation in a clear and accessible manner is an preparation of social insurance contribution essential element of this. records for persons who are approaching pension Comprehensive information and guidance in age, to establish their entitlement to pension in relation to social welfare schemes and services is advance. available through my Department’s network of I am not aware of any particular issue regard- over 130 local offices throughout the country. In ing information provision to pensioners who some 59 Social Welfare Local Offices of my worked in the 1960s. If the Deputy is aware of Department, officers who are dedicated to pro- particular difficulties in this regard, my Depart- 603 Questions— 22 February 2007. Written Answers 604

[Mr. Brennan.] adequate community bus service after June 2007 ment would be happy to deal with any queries. when a private operator will cease to operate The Information Services Section of my Depart- there; if he will allocate the necessary funds to ment may be contacted by telephone at LoCall Bus E´ ireann to ensure that an internal bus service 1890 66 22 44 or by writing to Information is provided in Cobh to cater for residents there; Services, Social Welfare Services Office, Depart- and if he will make a statement on public trans- ment of Social and Family Affairs, College port provision in Cobh. [7055/07] Road, Sligo. Minister for Transport (Mr. Cullen): Decisions Road Traffic Offences. by private bus operators relating to the provision and operation of bus services are day-to-day 179. Mr. Kehoe asked the Minister for Trans- operational matters for bus operators. Any bus port the penalties imposed on a person found operator may apply to my Department under the guilty of driving with levels of alcohol above the Road Transport Act 1932 for a licence to operate permitted levels in their system; if these penalties public bus services. have changed recently; if there are plans to revise It is a matter for Bus E´ ireann to decide, having these penalties in the future; and if he will make regard to its statutory mandate and within the a statement on the matter. [6967/07] resources available to it, whether to undertake the provision of bus services in any particular Minister for Transport (Mr. Cullen): Iwishto area, including Cobh. My Department provides refer the Deputy to my reply to his question of funding to Bus E´ ireann annually towards the cost 1st February, Da´il Question No. 200. of providing socially necessary but non-commer- cial transport services. This funding has increased Air Services. from \6.9 million in 1997 to \31.595 million in 180. Ms O. Mitchell asked the Minister for 2007. Transport his views on whether there is adequate regulation of airlines, particularly their customer Harbours and Piers. service and charging policies; the locations where 182. Mr. J. O’Keeffe asked the Minister for customers can seek redress if they have griev- Transport if his attention has been drawn to the ances with the performance of airlines which fact that Kinsale Harbour Commissioners wish to serve the market here; and if he will make a state- remain independent; and the position in this ment on the matter. [6963/07] regard arising from the Government’s Ports Minister for Transport (Mr. Cullen): I am satis- Policy. [7056/07] fied that there is appropriate regulation of air- lines and the aviation industry in general in Minister of State at the Department of Trans- Ireland and that there are adequate avenues of port (Mr. Gallagher): The Government’s Ports redress for customers regarding the performance Policy Statement, which was launched in January of airlines. 2005, states that the continued operation of many of the regional harbours under the provisions of The industry is subject to regulation by a the Harbours Act 1946 is unsustainable on the number of different bodies. My Department grounds of good governance. monitors aviation security in the State and the Irish Aviation Authority (IAA) is responsible, The Policy Statement reiterated the view that inter alia, for safety regulation. The Commission these harbours would best achieve their potential for Aviation Regulation (CAR) is responsible for through their transfer to local authority owner- licensing Irish airlines, licensing the travel trade, ship or, where this is not possible, through sale to regulation of the groundhandling sector, reg- the private sector. In harbours where significant ulating airport charges and aviation terminal commercial traffic exists consideration will be services. given to bringing them under the control of a CAR is also responsible for the enforcement of port company. the European Community rules under Regulation My Department is working with the Depart- 261/2004 on compensation and assistance to pass- ment of the Environment, Heritage and Local engers in the event of denied boarding, cancel- Government to advance the implementation of lations and delays. It monitors compliance with the Ports Policy Statement with regard to the the Regulation and investigates complaints relat- transfer of the designated regional harbours to ing to Irish airports and airlines. their respective local authorities, where appro- The Office of the Director of Consumer Affairs priate, and to proceed individually in conjunction enforces the Package Holidays and Travel Trade with the relevant local authorities and harbour Act 1995 and consumer issues generally. authorities, having regard to local requirements in each case. Kinsale Harbour is a candidate for transfer to Public Transport. local authority control. Kinsale Harbour Com- 181. Mr. Crowe asked the Minister for Trans- missioners have in the past indicated to my port if he will ensure that Cobh will have an Department a preference that their existing status 605 Questions— 22 February 2007. Written Answers 606 be preserved, but as outlined above, this status is house for persons (details supplied) in County viewed as unsustainable on the grounds of good Kilkenny. [6949/07] governance. As the harbour is situated in the functional Minister for Agriculture and Food (Mary area of Cork County Council, the Department of Coughlan): The person concerned is an applicant the Environment, Heritage and Local Govern- under the Farm Waste Management Scheme and ment requested the Council to undertake an has now completed the building works concerned. overall assessment of the potential of the harbour A decision will be made in regard to this appli- for transfer. This assessment is currently under cation following a final inspection of the com- consideration. pleted works which will be carried out shortly by a Department official. Community Development. The person concerned also lodged two further applications in December 2006 under the same 183. Mr. Hayes asked the Minister for Com- Scheme. These applications are currently being munity, Rural and Gaeltacht Affairs when allo- processed and correspondence will issue to the cations will be announced under the community applicant shortly. services programme; and if a group (details supplied) in County Tipperary will receive Sheep Industry. favourable consideration. [6975/07] 186. Mr. Naughten asked the Minister for Agri- culture and Food the progress made to date by Minister for Community, Rural and Gaeltacht the implementation group for the sheep strategy Affairs (E´ amon O´ Cuı´v): Business plans submit- group report; the steps she will take to support ted under the Community Services Programme the price of lamb; and if she will make a state- are currently being assessed and the outcome ment on the matter. [6960/07] notified to projects on a rolling basis. Accord- ingly, groups that have been through the Minister for Agriculture and Food (Mary appraisal process in November, December and Coughlan): The Sheep Industry Development January have now been notified of the outcome. Strategy Group issued its report in June 2006. There are a further 274 business plans to be This is a comprehensive study of the sheep indus- assessed and this process will take a number of try which sets out a Development Plan for the months to complete. sector contained in 37 recommendations. I The business plan of the group in question was decided that the best way to implement these one of the last to be received and accordingly recommendations was to set up an implemen- they will be one of the last groups to be assessed. tation body comprised of representatives of all sectors in the industry, including the relevant Milk Quota. state bodies. It is chaired by Mr John Malone, 184. Mr. P. Breen asked the Minister for Agri- former Secretary General of my Department, culture and Food the reason an application to her who was also the author of the Strategy Group report. Department under the milk quota trading scheme The recommendations address issues such as for 2007 and 2008 was not processed for a person price structure, price reporting, carcass classifi- (details supplied) in County Clare; and if she will cation, breeding, research and advice, promotion make a statement on the matter. [6939/07] and quality assurance. The Implementation Group is nearing the completion of its work and I Minister for Agriculture and Food (Mary look forward to its final report in the near future. Coughlan): The first Milk Quota Trading Scheme I have no function in the determination of attracted some 5,500 applications last November market prices. The question of specific market and for the first time involved the Department in price support is not allowed under EU state aid directly managing and operating a restructuring rules. scheme on behalf of all Coops throughout the country. As part of the processing arrangements Grant Payments. application forms were entered into the database by an external data entry bureau. In this part- 187. Mr. Hayes asked the Minister for Agri- icular case, the application was overlooked in the culture and Food when payment will issue to a data entry process. This was an unfortunate over- person (details supplied) in County Tipperary on sight, but the person named may apply again to the single farm payment scheme 2005 and the second scheme, which has a closing date of 2006. [7000/07] 9th March. Minister for Agriculture and Food (Mary Coughlan): The person named has been paid an Farm Waste Management. advance of \21,777.23 in respect of his 2006 Sin- 185. Mr. Aylward asked the Minister for Agri- gle Payment application. An application under culture and Food the reason for the delay in pro- the Consolidation measure of the 2006 Single cessing a grant application in respect of a slatted Farm Payment Scheme was submitted on 12 May 607 Questions— 22 February 2007. Written Answers 608

[Mary Coughlan.] Special Educational Needs. 2006. The Consolidation measure has been pro- 190. Mr. Durkan asked the Minister for Edu- cessed and this case is eligible for consolidation. cation and Science further to Parliamentary However there is a total shortfall of 8.20 hectares Question No. 255 of 8 February 2007 and the and only 4.22 hectares can be accounted for as answer thereto, the advice she has to offer to the land farmed during the reference period that is person (details supplied) in County Kildare; the no longer available as a result of the expiry of a facilities available to the child; and if she will rental agreement. make a statement on the matter. [6997/07] A letter issued to the person named on 24 January 2007 explaining the position and Minister for Education and Science (Ms requesting him to confirm whether he wishes to Hanafin): I previously advised the Deputy that as proceed with his consolidation application or a specific function of the NCSE, through its net- withdraw it. This confirmation is necessary work of local special educational needs organisers because if the consolidation application proceeds (SENOs), is to identify appropriate educational 3.98 consolidated entitlements to the value of placement for all children with special edu- \3,261.13 (in respect of lands not declared on the cational needs and the parents of the child in 2006 Single Payment application) will be lost to question should contact the local SENO in this the National Reserve. regard. The balance of the 2006 Single Payment will I am now reiterating that advice particularly as the child is of school-going age. The SENO will issue to the person named when the completed advise of the options available which include confirmation form is returned to my Department. mainstream placement with support and enrol- ment in a special unit attached to a mainstream Departmental Schemes. school or a special school as appropriate. The 188. Mr. Naughten asked the Minister for Agri- child is currently in receipt of 20 hours per week culture and Food if there is a grant scheme avail- home tuition. able for the construction of equine stables; if a As previously advised I am committed to scheme exists for the conversion or refurbishment ensuring that all children, including those with of buildings for equine stables; the rate of grant autism, receive an education appropriate to their needs, preferably through the primary and post available; and if she will make a statement on the primary school network. In this regard my matter. [7031/07] Department has established: Minister for Agriculture and Food (Mary • 181 special classes for children with autism, Coughlan): The new Rural Development Prog- attached to special and mainstream schools, ramme 2007-2013 provides for the continuation 17 of which are in the Kildare area. of grant-aid for the construction of equine stables • 5 special classes for children with and related facilities, including the conversion of Asperger’s Syndrome. existing buildings. The Scheme concerned, the Farm Improvement Scheme, will be introduced • 16 pre-school classes to facilitate the demand for early intervention provision for as soon as EU approval is received for the children on the autistic spectrum. Programme. • 14 Stand Alone facilities providing an 189. Mr. Lowry asked the Minister for Agri- Applied Behavioural Analysis (ABA) culture and Food the supports available from her specific methodology on a pilot basis, 1 of Department or from equestrian organisations these facilities is based in the Kildare area funded by her Department for the development and 2 of these facilities have yet to be of an equestrian centre. [7072/07] established.

Minister for Agriculture and Food (Mary Education Welfare Service. Coughlan): The on-farm capital investment 191. Mr. McGuinness asked the Minister for measure included in the new National Develop- Education and Science if education and welfare ment Plan includes possible support for the officers are fully engaged in the case of a person equine sector. (details supplied) in County Kilkenny; if the per- The new Rural Development Programme 2007- son’s poor attendance has been resolved; and if 2013, which has been submitted to the European she will expedite a resolution to the problem. Commission for approval, provides for the con- [7013/07] tinuation of grant-aid for the construction of equine stables and related facilities. The Scheme Minister of State at the Department of Edu- cation and Science (Mr. B. Lenihan): The Edu- concerned, the Farm Improvement Scheme, will cation (Welfare) Act 2000 established the be introduced as soon as EU approval is received National Educational Welfare Board (NEWB) as for the Programme. the single national body with responsibility for 609 Questions— 22 February 2007. Written Answers 610 school attendance. The Act provides a compre- The scope of the works referred to by the hensive framework promoting regular school Deputy is also appropriate for consideration attendance and tackling the problems of absen- under the Summer Works Scheme and, while the teeism and early school leaving. The general func- schools application was successful under the 2007 tions of the Board are to ensure that each child Scheme, it is open to it to apply again under the attends a recognised school or otherwise receives 2008 Scheme when it is published later this year. a certain minimum education. In January 2005, the National Educational Subject Inspections. Welfare Board (NEWB) issued guidelines to the management authorities of all primary and post 193. Mr. G. Murphy asked the Minister for primary schools on reporting student absences, Education and Science the number of subject suspensions and expulsions. These guidelines inspections in mathematics conducted in post- advise that a school must report to the NEWB primary schools in 2006; and the number of same where a decision has been taken to expel a that have been published on her Department’s student. Schools are also required to periodically website. [6981/07] report to the NEWB on student absences. Minister for Education and Science (Ms Since January 2004, 20,000 cases involving Hanafin): The Inspectorate of my Department students with reported school attendance diffi- conducted 727 subject inspections in post-primary culties have been resolved by the Board. The schools in 2006. This figure includes 34 subject NEWB has also written to every family with chil- inspections of Mathematics which were conduc- dren of school going age advising them of their ted during 2006. Twenty-one of the inspections of rights and responsibilities in relation to education Mathematics were conducted as stand-alone eval- and school attendance and where they can get uations and 13 were carried out as part of whole- help. school evaluations (WSE). Fifteen subject inspec- With regard to the specific data requested by tion reports on Mathematics have been published the Deputy, I am informed by the Board that only on my Department’s website and a further two one return has been received by the Board in reports on Mathematics will be published on the relation to this child. This return,which was website this week. Further subject inspection received by the Board on 8 December 2006, indi- reports on Mathematics will be published during cated that the child was absent for 20 days on 2007. account of illness. A report of illness is not auto- matically followed up by an educational welfare officer unless a specific note of concern from the School Accommodation. Principal is associated with the return. Such a 194. Ms O’Sullivan asked the Minister for Edu- note was not associated with the return in this cation and Science when the Office of Public specific case. I am informed that the Board will Works will purchase a site which is available from instruct the EWO to visit the school seeking an Limerick City Council in order that an extension update on the child’s attendance since the date of can be built to accommodate the needs of a the last school return. school (details supplied) in Limerick; and if she will make a statement on the matter. [7005/07] Health and Safety in Schools. Minister for Education and Science (Ms 192. Dr. Twomey asked the Minister for Edu- Hanafin): The Office of Public Works is currently cation and Science if her attention has been negotiating with the Department of Defence on drawn to a complete lack of car parking spaces at the acquisition of a strip of land that is required a school (details supplied) in County Wexford to facilitate a building project at the Limerick and the risks associated with the current situation; Model School. The outcome of these negotiations her plans to solve this problem; and if she will will determine the need for consultation with the make a statement on the matter. [6977/07] local authority on other lands. Minister for Education and Science (Ms School Staffing. Hanafin): In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsi- 195. Ms Harkin asked the Minister for Edu- bility of school management authorities to have a cation and Science if she will put extra supports safety statement in place in their schools. Schools in place in schools for children with Roma back- are obliged to identify possible hazards, assess the grounds, similar to supports for Irish Traveller risks to health and safety and to put appropriate pupils, in particular in a school (details supplied) safeguards in place. Provision is built into the in County Clare. [7006/07] School Building Programme to enable schools address urgent health and safety problems. In this Minister for Education and Science (Ms regard, primary schools are given an annual allo- Hanafin): The mainstream staffing of a primary cation under the grant scheme for minor works school for a particular school year is determined which can be used entirely at the discretion of by reference to the enrolment of the school on school management to address basic health and the 30th September of the previous school year safety issues relating to school infrastructure. and by reference to a staffing schedule. This staff- 611 Questions— 22 February 2007. Written Answers 612

[Ms Hanafin.] the appointment of a principal teacher from a ing schedule for the 2006/07 school year is out- date earlier than September 2007 has been lined in Primary Circular 0023/2006 which was received from the school referred to by the issued to all primary schools. In the current Deputy. This application is under consideration school year (2006/07) the staffing of the school and my Department will contact the school referred to by the Deputy comprises of an shortly. Administrative Principal and 6 mainstream class teaching posts based on an enrolment of 157 Schools Building Projects. pupils at 30th September, 2005 as submitted by the Board of Management of the school. The 198. Mr. Crowe asked the Minister for Edu- school also has 2 Learning Support/Resource cation and Science if her attention has been Teachers, 1 Permanent Resource Teacher for drawn to the situation at a school (details Travellers and 3 Temporary Language Support supplied) in County Dublin where parents were Posts. The language support posts have been allo- informed by the then principal in 2004 that a new cated to the school in order to meet the language building would be ready to occupy in 2007; and if needs of students, including the Roma children, she will make a statement on the matter. in the school whose first language is not English. [7042/07] The Board of Management has submitted a report indicating that there were 179 pupils Minister for Education and Science (Ms enrolled in the school on the 30th September Hanafin): The Department has acknowledged the 2006. The mainstream staffing of the school for need to relocate the existing primary school the 2007/08 school year will be determined on referred to by the Deputy to a greenfield site. The that figure and in accordance with the staffing acquisition of a site for this development is being schedule for the 2007/2008 school year which will actively pursued to enable this. When this matter be finalised as soon as possible. has been finalised, progress on the proposed pro- ject can be considered under the School Building Site Acquisitions. and Modernisation Programme. 196. Ms O’Sullivan asked the Minister for Edu- 199. Mr. O’Dowd asked the Minister for Edu- cation and Science the progress made in acquiring cation and Science the position regarding the pro- a site for a Gaelscoil (details supplied) in County posed new primary school to be located adjacent Limerick; if her attention has been drawn to the to Termon Abbey and Aston Village, Drogheda, fact that Limerick County Council has a suitable County Louth where a site has been provided; available site for the school; and if she will make and if she will make a statement on the a statement on the matter. [7007/07] matter. [7043/07]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The Property Management Section of Hanafin): The Department recently published a the Office of Public Works (OPW), which acts Draft Area Development Plan for north Dublin, generally on behalf of my Department in the East Meath and South Louth. The Draft Plan, acquisition of school sites, has been requested to which is available on the Department’s website source a site for this school. On foot of advertis- www.education.ie, covers the North Drogheda ing a number of proposals were received. A tech- Environs which is the area to which the Deputy nical assessment of these proposals has been refers. carried out by the OPW and a report is currently The Deputy will be aware that the Local Auth- with my Department for consideration. Due to ority has published a North Drogheda Environs the commercial sensitivities of site acquisitions I Master Plan. This proposes the construction of am not in a position to identify any site under 7,500 additional houses up to year 2024. The pro- consideration at present. When a suitable site has jected population is 20,250 persons. been secured the project will be considered The Department’s Draft Area Development further in the context of the School Building and Plan concludes that this will create a need for Modernisation programme and the National between 2,288 and 2,652 extra primary school Development Plan. places in the period up to 2024. This equates to between 92 and 106 extra class groupings. The School Staffing. Department has reserved 3 primary school sites 197. Mr. Kehoe asked the Minister for Edu- to meet this need. The Draft Plan recommends cation and Science if appointment of a principal that the sites should be developed commensurate for a school (details supplied) in County Wexford with the delivery of housing developments. The will be granted before September 2007 in order timing of their development will require ongoing that they can work with the group to set up the consultation with the Local authority. school; and if she will make a statement on the The Commission on School Accommodation matter. [7028/07] will now conduct a public consultation process on the Draft Plan. It has indicated that Oral hearings Minister for Education and Science (Ms in this regard will commence on Monday 26th Hanafin): An application for the sanctioning of March. This process will culminate in a final 613 Questions— 22 February 2007. Written Answers 614

Development Plan for the Area for imple- Tribunals of Inquiry. mentation. 202. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Higher Education Grants. the highest fee charged by any practitioner to the 200. Mr. Durkan asked the Minister for Edu- Mahon Tribunal since its inception as the Flood cation and Science if a person (details supplied) Tribunal; and if he will make a statement on the in Dublin 22 can qualify for a late application matter. [7086/07] higher education grant for which they have applied to South County Dublin VEC; and if she Minister for the Environment, Heritage and will make a statement on the matter. [7044/07] Local Government (Mr. Roche): In relation to fees charged by external counsel engaged by the Minister for Education and Science (Ms Tribunal to represent it in litigation, the highest Hanafin): The three Third Level Student Support fee submitted by the Tribunal to my Department for payment in respect of a senior counsel in a Schemes, administered by the Local Authorities \ and the Vocational Education Committees on single case amounted to 254,221. This comprised behalf of my Department, offer financial assist- a brief fee, per diem refreshers and other ance to eligible students attending approved third related charges. level courses. Students entering approved courses for the first time are, generally speaking, eligible Housing Aid for the Elderly. for grants where they satisfy the relevant con- 203. Mr. Morgan asked the Minister for the ditions as to age, residence, means, nationality Environment, Heritage and Local Government and previous academic attainment. the arrangements being put in place by local auth- The closing date for receipt of grant appli- orities to assume responsibilities for the housing cations for 2006/07 academic year was 31st aid for the elderly scheme which is to be trans- August 2006. The awarding bodies, at their own ferred from the Health Service Executive; when absolute discretion, may accept applications after this proposed transfer will take effect; if person- this date. nel who are currently engaged in the scheme will The person referred to by the Deputy should transfer to the local authorities or if new person- contact their local awarding body to determine nel will be recruited; if the scheme will alter as a whether a late application would be considered result of this transfer; if there are proposed at this juncture for the 2006/07 academic year. changes to the scheme upon transfer; and if he will make a statement on the matter. [6950/07] Schools Building Projects. Minister of State at the Department of the 201. Mr. Penrose asked the Minister for Edu- Environment, Heritage and Local Government cation and Science the position in relation to an (Mr. N. Ahern): Details of the revised housing application for additional accommodation by a adaptation grant schemes for older people and school (details supplied) in County Westmeath; if people with a disability were announced recently she will take steps to ensure that a final decision as part of the new housing policy statement is given in relation thereto as there has been a Delivering Homes, Sustaining Communities. The significant increase in population in the Kinnegad revised schemes are based on the outcome of the area; and if she will make a statement on the review of the Disabled Persons Grant scheme matter. [7102/07] which was recently completed within my Depart- ment. The review also incorporated the con- Minister for Education and Science (Ms ditions governing the Essential Repairs Grant Hanafin): The proposed building project at the scheme and the Special Housing Aid for the Eld- school referred to by the Deputy is at an early erly scheme. stage of architectural planning. The school in As part of the revised conditions, a specific question was listed to progress through the archi- scheme to be known as the scheme of Housing tectural planning process and was given approval Aid for Older People (HOP) will be introduced, to proceed to Stage 3 (Developed sketch scheme and will provide targeted support to improve con- with costings) of architectural planning. ditions in the existing housing of older people. When the Stage 3 submission is received in the The scheme, which amalgamates the provisions Department, Officials in School Building Section of the Essential Repairs and Special Housing Aid will arrange a meeting with the School’s Design for the Elderly Schemes, will be administered by Team to evaluate the documentation. It is envis- the local authorities. The maximum grant avail- aged that unless there are very exceptional cir- able will be \10,500 and may cover 100% of the cumstances involved, the meeting will be cost of works for applicants with an annual house- sufficient to authorise the project to progress to hold income of less than \30,000, tapering to 30% the next stages of architectural planning. for those with annual household incomes of The further progression of this project to \54,001 to \65,000. tender and construction will be considered in the As part of the review process my Department context of the School Building and Modernis- convened a working group comprising represen- ation Programme 2006-2010. tatives of the Department of Health & Children, 615 Questions— 22 February 2007. Written Answers 616

[Mr. N. Ahern.] sumers have if supplied with a faulty system; and the HSE, and local authorities, to finalise pro- if he will make a statement on the matter. posals arising from the review of the schemes and [6959/07] to advise on the implementation of the Govern- ment Decision to transfer responsibility for the Minister for the Environment, Heritage and Special Housing Aid for the Elderly Scheme from Local Government (Mr. Roche): Part H of the the HSE to the local authorities. The working Building Regulations (Drainage and Waste group is in the process of assessing the additional Water Disposal) sets out the requirements for the resources that may be required by local auth- treatment of effluent from waste water systems. orities, if any, as a result of the transfer of the The relevant Technical Guidance Document H Special Housing Aid for the Elderly scheme. (TGD-H) provides guidance on how to comply It is not intended that there will be any transfer with the requirements of Part H. TGD-H calls up of HSE staff to local authorities as part of the the following standards: new scheme. It is expected that the Scheme of Housing Aid for Older People will come into (1) Septic tanks serving single houses: Irish operation during 2007 and I intend to issue Standard Recommendations SR6 of 1991 for detailed administrative guidance to all local auth- Domestic Effluent Treatment and Disposal orities later this year. from Single Dwellings, issued by the National Standards Authority of Ireland (NSAI); and Planning Issues. (2) Septic tanks serving groups of houses: 204. Mr. Naughten asked the Minister for the British Standard B.S. 6297: 1983 (incorporating Environment, Heritage and Local Government amendment No. 1 of 1990), a Code of Practice the procedure involved in applying for approval for the Design and Installation of Small Sewage for peat extraction following the enactment of the Treatment Works, issued by the British Stan- Planning and Development Regulations S.I. No. dards Institution (BSI). 364 of 2005; the type of development which is TGD-H also acknowledges that waste water required to go through the planning process; his treatment systems other than septic tanks may be plans to issue guidelines to local authorities; and used. Such systems are accepted as satisfactory if he will make a statement on the matter. provided it can be shown that they are fit for the [6951/07] use for which they are intended and for the con- ditions in which they are used. Part D of the Minister for the Environment, Heritage and building regulations (Materials and Local Government (Mr. Roche): The Planning Workmanship) specifies alternative ways of and Development Regulations 2005, generally proving compliance, including compliance with exempt peat extraction below a threshold of 10 appropriate product standards or being subject to hectares from the requirement for planning per- certification by an appropriate national certifi- mission. However, there are exceptions where the cation body. The Irish Agreement Board (IAB) peat extraction would have significant effects on is the national and European recognised body for the environment. In these limited cases, planning certifying new building products or systems for permission must be applied for, accompanied by which national standards do not exist. The IAB an environmental impact statement. If a person is an independent body which operates under the proposing to carry out peat extraction requires aegis of the Department of Enterprise, Trade guidance as to whether the extraction in question and Employment. would have significant effects on the environment A new European Standard (EN 12566-3), for they should consult the appropriate planning small waste water treatments plants has been authority. If desired, a person may seek a declar- introduced and is now in the transitional phase ation under section 5 of the Planning and of implementation. The need for new systems to Development Act 2000 from the planning auth- comply with this standard has been brought to ority on the question of whether a development the attention of local authorities by Departmental is, or is not, exempted development. Circular Letter BC16/2006 dated 8 November In July 2005, my Department issued Circular 2006. PD3/2005 to local authorities detailing the The Environmental Protection Agency (EPA) amendments contained in 2005 Regulations. I is currently finalising a revised edition of their have no proposals to issue further guidelines. Manual on Wastewater Treatment Systems serv- ing Single Houses, in consultation with all Waste Water Management. interested parties. It is understood that the EPA 205. Mr. Naughten asked the Minister for the Manual will refer to relevant European Standards Environment, Heritage and Local Government and that the NSAI propose to withdraw SR6: the way waste water treatment systems are regu- 1991, in favour of the proposed new edition of lated; the reason many such systems have been the EPA Manual, when available. My Depart- certified by the Irish Agreement Board without ment plans to amend TGD-H, to call up the EPA essential health, safety, and consumer protection Manual and to consider any related issues at the requirements being fulfilled; the redress con- time. 617 Questions— 22 February 2007. Written Answers 618

Local Authority Housing. plant, Ireland instituted legal proceedings against the United Kingdom under the United Nations 206. Mr. Ring asked the Minister for the Envir- Convention on the Law of the Sea (UNCLOS). onment, Heritage and Local Government if a per- son who bought out their council house approxi- The action related, inter alia, to the inadequacy mately twenty years ago can rent out that house of the environmental impact assessment carried now; the position in such cases; and the length of out by the United Kingdom for the MOX Plant, time the local authority have a interest in houses the failure of the United Kingdom to take all that they formerly owned. [6962/07] steps necessary to protect and preserve the marine environment of the Irish Sea, and the fail- Minister of State at the Department of the ure to co-operate with Ireland in taking the steps Environment, Heritage and Local Government necessary to protect and preserve the marine (Mr. N. Ahern): Under the tenant purchase environment of the Irish Sea. scheme special conditions apply to the occupancy The UNCLOS Tribunal hearing began in June and disposal of a tenant purchased house. These 2003 but was suspended to facilitate resolution of conditions require that the dwelling must be an issue raised by the European Commission that occupied as a normal place of residence by the the case was more appropriate to matters of EU purchaser or by a member of the purchaser’s competence rather than UNCLOS. family, unless the local authority otherwise Pending hearing of the substantive case, and allows. In addition, the first resale of houses sold following an application by Ireland, the under the tenant purchase scheme requires the UNCLOS Tribunal issued a Provisional Measures consent of the local authority. The time period Order, which made provision for, inter alia, a for which the conditions apply is as stated in the review by Ireland and the UK of the mechanisms transfer order of the dwelling in question. Under for inter-Governmental notification and co-oper- the current scheme these conditions apply for a ation. Under this process a series of co-operative period of 20 years from the date of the transfer measures have been developed, agreed and put to the tenant purchaser or such longer period as in place. may be provided for in a shared ownership lease. These measures are valuable from Ireland’s All aspects of the tenant purchase scheme are viewpoint, are working well and represent distinct currently under review in accordance with the real added value to the necessary co-operative Government’s commitment in the recently relationship to which Ireland considers is its launched Statement on Housing Policy — entitlement on this issue. The Bi-Lateral Agree- Delivering Homes, Sustaining Communities. ment on Early Notification of a Nuclear Incident, Details of the revised scheme will be announced direct access to the UK Radiation Monitoring over the coming months. System (RIMNET), access for the Garda Sı´och- a´na to Sellafield, access for the Radiological Pro- Housing Grants. tection Institute of Ireland (RPII) to Sellafield and other facilities, significantly improved infor- 207. Mr. Perry asked the Minister for the mation exchanges, co-operation on emergency Environment, Heritage and Local Government if planning with the UK, and improved contacts at the final inspection on the home of a person regulator and official level on nuclear issues, all (details supplied) will be carried out, as part of provide objective evidence of real improvements. the rural renewal scheme; and if he will make a The judgment of the European Court of Justice statement on the matter. [6969/07] of 30 May 2006, inter alia, declared that Ireland, by instituting proceedings against the UK under Minister of State at the Department of the UNCLOS, failed to fulfil its obligations under Environment, Heritage and Local Government Community Law. This judgment established that (Mr. N. Ahern): My Department will be schedul- certain provisions of UNCLOS form part of the ing this property for final inspection very shortly. Community legal order and that the ECJ has exclusive jurisdiction to determine disputes Nuclear Safety. between Member States on their interpretation 208. Mr. Andrews asked the Minister for the and application. Environment, Heritage and Local Government Following the judgment, there was an exchange the improvements in cooperation between of correspondence between Ireland and the Ireland and UK on the matter of Sellafield, aris- European Commission on the matter, and the ing from the legal actions to date; and if he will Commission has now clarified the legal situation. make a statement on the matter. [6986/07] Following consultation with the Attorney General, the case taken by Ireland against the Minister for the Environment, Heritage and UK under UNCLOS will not now proceed. The Local Government (Mr. Roche): Ireland has long Commission and the UNCLOS Tribunal were been concerned about the threat posed by the informed accordingly on the 16 February last. large and complex nuclear installation site at The case taken by Ireland under UNCLOS has Sellafield. served the purpose of identifying the concerns of In 2001, and in response to the imminent com- Ireland in relation to Sellafield on the inter- missioning of a further plant at the site, the MOX national stage and more particularly at EU level. 619 Questions— 22 February 2007. Written Answers 620

[Mr. Roche.] the project given the serious pollution threat; the It has also led to significant improvements in the nature of the correspondence between his level of co-operation and information received Department and Kildare County Council in this from the UK in relation to Sellafield. Lack of co- matter; when his attention was drawn to the need operation and information from the UK on the for the upgrading of the facility; the way he issue was one of the significant claims made by responded; and if he will make a statement on the Ireland in the UNCLOS case. matter. [6996/07] The ECJ in its judgement against Ireland had provided clarity in that certain international Minister for the Environment, Heritage and agreements now fall exclusively within the Local Government (Mr. Roche): I refer to the Court’s remit insofar as disputes arise under reply to Question No. 596 of the 17 October 2006. them. This applies not only to the United Nations The submission of the revised Preliminary Report Convention on the Law of the Sea (which was in to my Department is a matter for Kildare dispute in this case) but also potentially to other County Council. international conventions whose aim is to protect the environment. Accordingly, the ECJ and the European Commission are now placed centre Grant Payments. stage in respect of Ireland’s concerns regarding 210. Mr. Kehoe asked the Minister for the discharges and safety at Sellafield. In my meeting Environment, Heritage and Local Government with Commissioner Piebalgs in January 2006, I his plans to provide grants to people who install made clear to the Commissioner that the Com- rain water harvesters in their homes; and if he mission needs to respond to these concerns and will make a statement on the matter. [6999/07] become more proactive on the Sellafield issue. Since Ireland began its case against the UK Minister for the Environment, Heritage and under UNCLOS in 2001, the Commission has Local Government (Mr. Roche): There are no instituted two actions against the UK in relation such proposals at present. to Sellafield under the terms of the EURATOM Treaty. Following my meeting with Com- missioner Piebalgs, the Commission issued a Register of Electors. Decision (15 February 2006) against Sellafield in 211. Ms O’Sullivan asked the Minister for the respect of the THORP leak. This follows the Environment, Heritage and Local Government if Directive issued by the Commission against the people who have been granted leave to remain UK in March 2004 in respect of the B30 ponds. here on humanitarian grounds are entitled to vote The UK have lodged an appeal in the ECJ in a general election; and if he will make a state- (April 2006) against the Commission Decision on ment on the matter. [7008/07] the THORP leak claiming inter alia that the Commission does not have the competence to Minister for the Environment, Heritage and adopt the decision because it is based on safety Local Government (Mr. Roche): In order to be concerns. able to vote at elections and referenda in this While the broad legal landscape regarding dis- jurisdiction, a person’s name must be entered in putes between Member States has changed, this the register of electors for a constituency in the Government’s fundamental position has not. Our State in which the person ordinarily resides. policy continues to reflect the firm position that Subject to this primary requirement, the per- Sellafield is an unacceptable threat to Ireland and son’s citizenship then determines the polls at that it should be closed in a safe and orderly which he or she is entitled to vote. Irish citizens manner. who are registered to vote may vote at all polls. I will continue to ensure that the concerns of British citizens may vote at Da´il, European and Ireland are represented directly to the European local elections; other EU citizens may vote at Commission in relation to Sellafield at Com- European and local elections; and non-EU citi- missioner and Senior Official level and that the zens may vote at local elections only. current actions against Sellafield by the Com- mission are continuously monitored to ensure that they are sustained and effective. The Water and Sewerage Schemes. Attorney General will also monitor developments 212. Mr. P. Breen asked the Minister for the at the European Court of Justice. Environment, Heritage and Local Government when the tender documents for the Quilty, Scar- Water and Sewerage Schemes. iff, Feakle sewerage schemes will be ready; when 209. Mr. Durkan asked the Minister for the the contract will be awarded; when the scheme Environment, Heritage and Local Government will commence on the grounds; and if he will when he expects to receive the modified prelimi- make a statement on the matter. [7009/07] nary report from Kildare County Council in the matter of the upgrading of the waste water treat- Minister for the Environment, Heritage and ment facilities at Ballymore Eustace, County Local Government (Mr. Roche): I refer to the Kildare in view of the necessity to proceed with reply to Question No. 1820 of 31 January 2007. 621 Questions— 22 February 2007. Written Answers 622

Election Management System. Spray Paint Regulation. 213. Mr. O’Dowd asked the Minister for the 214. Ms Shortall asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the reason it was decided to centrally store elec- the extent to which the sale of spray paints is cur- tronic voting machines at Gormanstown military rently regulated; and if he will make a statement base; the further reason a non-weather proof on the matter. [7052/07] venue was not chosen; the cost of using this facility; the cost to date of storage of the Minister for the Environment, Heritage and machines; and if he will make a statement on the Local Government (Mr. Roche): I assume that matter. [7029/07] the Question refers to the problem of graffiti. The sale of spray paint is not regulated in this regard. Minister for the Environment, Heritage and Local Government (Mr. Roche): The Govern- Turbary Rights. ment decision to proceed with the movement of 215. Mr. Penrose asked the Minister for the the electronic voting equipment to centralised Environment, Heritage and Local Government premises was made taking into account a range of when the moneys due to a person (details factors, including costs of current and centralised supplied) in County Westmeath, who has agreed arrangements and the likely benefits to be to sell lands under the cessation of turf cutting realised. In this regard, the Commission on Elec- scheme of the Department, and who has duly tronic Voting in its Second Report concluded completed all the necessary paperwork to obtain that, as the current arrangements under which maximum incentives, will be awarded; and if he voting equipment is stored at 25 locations are will make a statement on the matter. [7071/07] likely to give rise to continuing variations in the implementation of security and related control 218. Mr. Penrose asked the Minister for the measures, together with replication of similar Environment, Heritage and Local Government costs of implementation of these measures which when the moneys due to a person (details are not insignificant across individual centres, supplied) in County Westmeath, who has agreed to sell lands under the cessation of turf cutting enhanced and more uniform security and greater scheme in the Department, and who has duly economy of security costs could be achieved completed all the necessary paperwork to obtain through the rationalisation of storage on a maximum incentives, will be awarded; and if he regional or centralised basis. will make a statement on the matter. [7098/07] The electronic voting equipment will be housed in weatherproof locked metal storage containers Minister for the Environment, Heritage and at Gormanston Aerodrome, as an added protec- Local Government (Mr. Roche): I propose to tion, the containers have also been insulated. On answer Questions Nos. 215 and 218 together. the advice of the manufacturers, the containers I understand that the persons concerned were will, in additions, contain desiccants to absorb any offering for sale a specific type of turbary right moisture generated due to temperature vari- which had originally been purchased from the ations. The containers are stored in one complete Land Commission. It transpired that it was not section of an aircraft hangar on the site of a full- possible to transfer this type of turbary right to time army barracks. The hangar has been the State, but only to extinguish the right. The inspected by the Office of Public Works and, with complex issues involved in cases of this kind were their assistance, has been made ready for storage only resolved last month and letters of offer will purposes. The hangar itself is locked, alarmed issue to all those involved in this type of sale as and monitored by CCTV cameras. Accordingly, I soon as possible. am satisfied that the equipment will be appropri- ately stored at Gormanston. 216. Mr. Penrose asked the Minister for the Information provided by returning officers to Environment, Heritage and Local Government my Department indicates that the annual storage when the moneys due to a person (details costs for the electronic voting machines and ancil- supplied) in County Westmeath, who has agreed lary equipment under local arrangements is cur- to sell lands under the cessation of turf cutting scheme in his Department, and who has duly rently some \705,000, with figures for 2005 and completed all the necessary paperwork to obtain 2004 amounting to some \696,000 and \658,000 maximum incentives, will be awarded; and if he respectively. It is not possible to detail conclus- will make a statement on the matter. [7096/07] ively at this stage the total costs which will be associated with the centralised storage arrange- Minister for the Environment, Heritage and ments, including costs relating to the transport of Local Government (Mr. Roche): I understand the equipment to Gormanston. Arrangements that a letter of offer to purchase Turbary Rights have been made for the procurement of 48 metal issued from my Department to the person con- storage containers and ancillary items for cerned in August 2006. To date, no response to Gormanston Aerodrome at a cost of \112,750 this offer has been received from the person or (excluding VAT). their Solicitor. 623 Questions— 22 February 2007. Written Answers 624

217. Mr. Penrose asked the Minister for the be awarded; and if he will make a statement on Environment, Heritage and Local Government the matter. [7100/07] when the moneys due to a person (details supplied) in County Westmeath, who has agreed Minister for the Environment, Heritage and to sell lands under the cessation of turf cutting Local Government (Mr. Roche): I understand scheme in his Department, and who has duly that Contracts in this matter are currently being completed all the necessary paperwork to obtain examined by the Chief State Solicitor’s Office maximum incentives, will be awarded; and if he who are liaising with the vendor’s solicitors with a view to finalising this transaction. will make a statement on the matter. [7097/07] 221. Mr. Penrose asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): I understand when the moneys due to a person (details that Contracts in this matter are currently being supplied) who has sold their turbary rights in examined by the Chief State Solicitor’s Office respect of NHA lands in County Westmeath, will who are liaising with the vendor’s solicitors with be awarded; and if he will make a statement on a view to finalising this transaction. the matter. [7101/07]

Question No. 218 answered with Question Minister for the Environment, Heritage and No. 215. Local Government (Mr. Roche): I understand that Contracts for Sale in this case were for- 219. Mr. Penrose asked the Minister for the warded by my Department to the Chief State Sol- Environment, Heritage and Local Government icitor’s Office on 14 February 2007. The Chief when the moneys due to a person (details State Solicitor’s Office will be liaising with the supplied) in County Westmeath, who has agreed vendor’s solicitors with a view to finalising the to sell lands under the cessation of turf cutting transaction. scheme in his Department, and where all the Water and Sewerage Schemes. necessary paperwork to obtain maximum incen- tives has been duly completed by the person will 222. Mr. Penrose asked the Minister for the be awarded; and if he will make a statement on Environment, Heritage and Local Government if the matter. [7099/07] his Department has received an application for a sewerage plant for the village of Ballinahown, Minister for the Environment, Heritage and Athlone, County Westmeath; the details in Local Government (Mr. Roche): I understand relation to same; and if he will make a statement that a letter of offer to purchase Turbary Rights on the matter. [7104/07] issued from my Department to the person con- Minister for the Environment, Heritage and cerned in May 2006. To date no response to this Local Government (Mr. Roche): The Ballina- offer has been received from the person or their hown Sewerage Scheme was ranked 24th in the Solicitor. list of water and sewerage schemes submitted by Westmeath County Council in response to my 220. Mr. Penrose asked the Minister for the Department’s request to local authorities last Environment, Heritage and Local Government year to undertake fresh assessments of the needs when the moneys due to a person (details for capital works in their areas and to prioritise supplied) in County Westmeath, who has agreed their proposals on the basis of the assessments. to sell lands under the cessation of turf cutting The priorities adopted by the members of West- scheme in his Department, and where all the meath County Council will be taken into account necessary paperwork to obtain maximum incen- in the framing of the next phase of my Depart- tives has been duly completed by the person will ment’s Water Services Investment Programme.