Vol. 630 Thursday, No. 4 1 February 2007

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 1 February 2007.

Requests to Move Adjournment of Da´il under Standing Order 31 ………………1209 Order of Business ………………………………1212 Private Members’ Business Cancer Services: Motion (resumed) ………………………1225 Prisons Bill 2006 [Seanad]: Second Stage ………………………1254 Ceisteanna — Questions Minister for Defence Priority Questions ……………………………1295 Other Questions ……………………………1307 Adjournment Debate Matters ……………………………1321 Adjournment Debate Stardust Disaster ………………………………1323 Schools Building Projects ……………………………1326 Animal Welfare ………………………………1327 School Accommodation ……………………………1329 Questions: Written Answers ……………………………1333 1209 1210

DA´ IL E´ IREANN Dr. Cowley: The Government is bending over backwards to assist Shell in its exploitation of our ———— natural resources while patients cannot access hospital beds. De´ardaoin, 1 Feabhra 2007. Thursday, 1 February 2007. Mr. Durkan: Hear, hear.

———— Mr. J. O’Keeffe: The Government should be ashamed of itself. Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m. Mr. N. Dempsey: We are trying to ensure people can go to work in safety. ———— Mr. J. Higgins: I seek the adjournment of the Paidir. Da´il under Standing Order 31 to enable the Mini- Prayer. ster for Education and Science to make a state- ment on the severe difficulties experienced by ———— students nationwide in registering for third level education with the Central Applications Office. I Requests to Move Adjournment of Da´il under call on the CAO to extend its applications dead- Standing Order 31. line by one week to facilitate students who have had difficulties registering on-line due to capacity An Ceann Comhairle: Before coming to the limitations in its computer system and to ease the Order of Business, I propose to deal with a great stress on students, teachers and families. number of notices under Standing Order 31. Deputies: Hear, hear. Mr. Healy-Rae: I seek the adjournment of the Da´il under Standing Order 31 to raise a matter Mr. Healy: I seek the adjournment of the Da´il of national importance, namely, the closure of the under Standing Order 31 to raise a matter requir- post office on Park Road in Killarney, County ing urgent attention, namely, the need for the Kerry, one of the busiest post offices in the south Minister for Education and Science to identify west. The closure of this large, vibrant post office, immediately a site for a new school for Gaelscoil because of a lack of Government funding, is Chluain Meala and to initiate the planning and inconveniencing 4,700 people. I call on the Mini- design process without delay to allow for an early ster for Communications, Marine and Natural commencement of construction. Gaelscoil Resources to intervene and prevent this closure. Chluain Meala has been located in substandard I also call on the Minister for Arts, Sport and accommodation for the past 13 years and there Tourism, who is a local man, to wake up to the are serious health and safety risks for pupils and situation. There will be nobody welcoming him staff, all of whom are frustrated by the inaction on the Park Road in Killarney this morning. of the Minister and her Department.

Deputies: Hear, hear. Mr. F. McGrath: Hear, hear.

Mr. Rabbitte: Will the Ceann Comhairle accept Aengus O´ Snodaigh: I seek the adjournment of this issue under Standing Order 31? the Da´il under Standing Order 31 to discuss the urgent need for the Government to recognise and Mr. Durkan: It surely constitutes grounds for respond to the devastating effect of the illicit drug the adjournment of the Da´il. trade on local communities by mobilising all the resources of the State to tackle the growing sup- Dr. Cowley: I seek the adjournment of the Da´il ply of illicit drugs across Dublin. This increasing under Standing Order 31 to discuss a matter of availability is evidenced by recent welcome seiz- major national and local importance, namely, the ures, including that of ecstasy valued at \1.8 mil- question of how the Government can justify the lion in Clondalkin last night, the large seizures of policing operation at the Corrib gas refinery pro- heroin and cocaine in Ballyfermot and the can- ject in Ballinaboy, County Mayo, which cost the nabis resin haul in Loughlinstown last month. taxpayer \3.14 million from 3 October 2006 to 25 The Government must adequately fund and January 2007. Shell, meanwhile, is today expected resource drug treatment services to deal with to announce record profits of just less than \1.5 multiple drug use. million an hour. The Government is facilitating the exploitation of our natural resources for Mr. Crawford: I seek the adjournment of the which we are receiving no recompense. Da´il under Standing Order 31 to debate an urgent matter of local and national importance, namely, An Ceann Comhairle: It is not appropriate to the failure of the Ta´naiste and Minister for go beyond the notice submitted to the Office of Justice, Equality and Law Reform to provide the Ceann Comhairle. long-term funding for the National Domestic 1211 Order of 1 February 2007. Business 1212

[Mr. Crawford.] urgently need expanded bus services. The prac- Violence Intervention Agency, NDVIA, and, in tices of the Department of Transport must be turn, relieve the pressure on local groups provid- changed to fix this position. ing services for victims of domestic violence, including those in counties Cavan and Monaghan. An Ceann Comhairle: Having considered the Does the Minister accept that domestic violence matters, they are not in order under Standing is one of the most difficult issues facing women Order 31. and families and that it can also affect men? It is not confined to one class or age group and cannot Order of Business. be ignored. The Ta´naiste: It is proposed to take No. 2, the Prisons Bill 2006 [Seanad] — Second Stage. It is Mr. Ferris: I seek the adjournment of the Da´il proposed, not withstanding anything in Standing under Standing Order 31 to discuss the lack of Orders, that parliamentary questions for answer services for children with autism in the Kerry area next week on EU matters shall be taken on the and the failure of the Government to provide the same day as statements on the EU Council Meet- necessary resources to ensure that children who ing in Brussels scheduled to be taken on are diagnosed with this condition are provided Wednesday, 7 February 2007 and to be moved to with the necessary facilities, teaching assistance be taken first as ordinary oral questions to the and home tuition to ensure they are given the Taoiseach on that day. Private Members’ business best opportunity to develop. shall be No. 67, motion re cancer services, resumed, to be taken immediately after the Order Ms Harkin: I seek the adjournment of the Da´il of Business and to conclude after 90 minutes. under Standing Order 31 to discuss a matter of national importance, namely, the latest attempt An Ceann Comhairle: There is one proposal to by Commissioner Mandelson to sacrifice Irish put to the House. Is the proposal for dealing with and European agriculture in an attempt to reach parliamentary questions for answer next week on WTO agreement. The Commissioner admitted he EU matters agreed? Agreed. is prepared to show further flexibility in nego- tiations, which means he will seek advantage for Mr. Kenny: I understand we are to discuss the exports of industrial goods while opening up the Moriarty tribunal in the House on 15 February floodgates for food imports that are not com- by way of statements only. Can I have an assur- pliant with EU standards into the EU and ance from the Ta´naiste that adequate time will Ireland. be given for questions and answers at the end of that period? Mr. Broughan: I seek the adjournment of the What is the Government’s response in respect Da´il under Standing Order 31 to discuss the fol- of the risk equalisation legislation? Is it necessary lowing specific and important matter of public to amend it in view of the welcome announce- interest, namely, if the Ta´naiste and Minister for ment yesterday of the safeguarding of jobs in Fer- Justice, Equality and Law Reform will respond moy? Is it the view of the Ta´naiste and the urgently to the memorandum submitted by the Government that the new company will have to Stardust Victims and Relatives Committee almost pay risk equalisation? two and a half months ago requesting the urgent establishment of a new commission of inquiry An Ceann Comhairle: That would be a matter into the Stardust disaster in which 48 young for the line Minister. Is legislation promised? people tragically lost their lives and in the light of the now almost 26 year struggle of the Stardust Mr. Kenny: I asked if it is necessary to amend Relatives and Victims Committee for justice and the legislation. closure. As someone who believes in inequality in Irish society, the Ta´naiste has allowed the National Ms C. Murphy: I seek the adjournment of the Domestic Violence Intervention Agency to close Da´il under Standing Order 31 to raise a matter down on a day that the Committee of Public of national and local importance, namely, the Accounts found the Government collectively need for the restrictive practices employed by the responsible for the wastage—— Department of Transport to be eased in light of the fact that Dublin Bus has been forced to post- An Ceann Comhairle: Does the Deputy have a pone the use of 15 new buses purchased to serve question on legislation? the towns of Leixlip, Celbridge, Maynooth and Kilcock. These buses cannot be used until a Mr. Kenny: ——of \35 million in respect of the licence granted to a private operator serving new Media Lab project. In the context of company routes along the Lucan corridor has been taken law, does the Ta´naiste intend to introduce any up despite the fact that funding was given to flexibility for an agency which has done so much Dublin Bus for these buses long before granting good work for those who have experienced the private licence. Micro-management has now domestic violence? The agency must close under become a new impediment to commuters who the Companies Act. 1213 Order of 1 February 2007. Business 1214

An Ceann Comhairle: If the Deputy wishes to will continue to the agency in question, which raise the matter, the Chair will facilitate him in comprises four people and one full-time member. the appropriate matter. It has dealt with fewer than 40 people over five years. Many agencies in the country are funded Mr. Kenny: The agency has closed down by my colleague, the Minister of State, Deputy because the Ta´naiste did not give it sufficient Fahey. It is not true to state this is a national money. Under the Companies Act, it is bound to agency or that its funding has been curtailed. I close down. Will the Ta´naiste do something have made it very clear that its funding will con- about it? tinue until such time as a decision is made on an appropriate national approach to domestic A Deputy: It got its money. violence. The committee on all-island matters is being Mr. Howlin: For three months. discussed. There will be discussion with party leaders of all eligible parties North and South. Mr. Kenny: Has the Government consulted all In regard to bail, as I have indicated, a major the parties in Northern Ireland in respect of the package on criminal justice and policing will all-island committee which might meet in the pre- come before the House in the next few weeks. cincts of Leinster House? I understood there was to be cross-participation by all parties. Has the Mr. Howlin: After ten years. Ta´naiste discussed this with all the parties or is it some type of side deal? The Ta´naiste: It will be fully debated in this The Ta´naiste has been very forthright in con- House and everybody will have the opportunity demning Fine Gael proposals in respect of to put forward their ideas. The bail issue will be amending the bail laws to give judges the right to dealt with in that context. electronically tag persons whose whereabouts the gardaı´ believe should be known. Today there is Mr. Rabbitte: The debate on the Moriarty evidence of a person who raped an elderly widow report will not be decided by the Whips but by having 60 convictions and who was out on bail the Government which may choose to consult the when that happened. Whips. Will the Ta´naiste stand over a situation where work over almost ten years will not be per- An Ceann Comhairle: Does the Deputy have a mitted to be subject to a question and answer question on legislation? session in the House, given his record on this side of the House when the subject matter of this Mr. Kenny: My question is—— report was sitting where he is now ? An Ceann Comhairle: The Deputy cannot walk In terms of the schedule of business for next into the House on a Thursday morning and ask week, I notice there is a motion to withdraw the five or six questions which are more appropriate money advice bureau service Bill. The Minister to line Ministers. As he is the leader of a party, for Social and Family Affairs, Deputy Brennan, the Chair is flexible with the Deputy but it cannot promised that this Bill would cap interest rates by go any further. moneylenders. He resiled from that position but he got a few weekends out of it. Mr. Kenny: All these questions are about legis- lation. Does the Ta´naiste intend to amend the Mr. J. O’Keeffe: Another public relations bail laws to allow judges have the authority, if effort. they see fit, to electronically tag persons who look for bail? In the case to which I referred, a person Mr. Rabbitte: The two of us did a couple of with 60 convictions raped a 75-year-old widow. programmes and he told us he was going to intro- duce a new Bill. Will the Ta´naiste show me where An Ceann Comhairle: The Deputy is abusing the new Bill is on the schedule? his position. Is the arrangement in regard to a North-South committee of Deputies and MPs a side deal The Ta´naiste: In regard to the Moriarty report, between the Taoiseach and Sinn Fe´in or was the the Deputy will be aware there was discussion Ta´naiste party to it? Since it is with MPs rather between the Whips on the format of the debate than MLAs, have the Unionist parties been con- on that subject in this House. No final agreement sulted about their participation in it? The has been reached. Ta´naiste will recall that the work of the All-Party In regard to risk equalisation, the Deputy will Committee on the Constitution recommended be aware that legislation on health insurance is that it would be on a cross-community basis. Will promised and the consideration of the Cabinet he advise us on that point? will be directed to the Barrington report when it I cannot remember the name of the Bill but it is available and also to the Competition Auth- was the subject matter of a famous press con- ority report when it comes to hand. ference on 10 October last on the steps of In regard to domestic violence, I have not Government Buildings when the Ta´naiste said to closed anything. I have guaranteed that funding the Taoiseach “I think we got away with it”. The 1215 Order of 1 February 2007. Business 1216

[Mr. Rabbitte.] Mr. Sargent: We should check the record for Ta´naiste promised there would be urgent legis- an accurate recall of what was said. lation. I have the statement from the press con- I ask the Ta´naiste to reflect on the call for ference somewhere. When will that Bill, whatever statements on the Moriarty report. There is a it is called, be brought before the House? Does world of difference between questions tabled for the Ta´naiste still think he got away with it? written or even oral reply and exchanges in the Da´il Chamber. Given his legal background, I am Mr. J. O’Keeffe: It could be called the “I think sure he appreciates that. we got away with it Bill”. Following the number of tragedies suffered on trawlers during the Christmas and new year Ms McManus: Or the “getting a little help from period, will the Ta´naiste urgently bring forward my friends Bill”. the Merchant Shipping (Safety Convention) Bill which will implement the amendments to the The Ta´naiste: With regard to the Moriarty tri- Safety of Life at Sea Convention? The Bill is bunal report, the Deputy seems to imply he listed as No. 68 in the Government legislative cannot put down questions other than during the programme for spring 2007 but no indication is debate. Of course, he is mistaken. The House given on the list of when the Bill will be intro- provides that the Deputy can put down questions duced. Does the Ta´naiste agree there is a need at any point. for urgency in matters dealing with safety at sea, particularly following recent experiences and the Mr. Howlin: How they have changed. growing pressure on families involved in fishing and merchant shipping? Mr. Quinn: Single party Government, no thanks. Jesus Christ. The Ta´naiste: When a tribunal report is being discussed in the House it is not usual for The Ta´naiste: With regard to Deputy Members to question each other on it. The House Brennan’s Bill, he will bring the text of a better has considered many tribunal reports in the last Bill to the Government in the next three weeks. In those circumstances it would be wrong to leave year or two and there has never been a question two Bills lying on the Order Paper. and answer session, as far as I can recollect. The Government has considered the issue of the committee and I have been fully consulted Mr. Durkan: That did not happen when the regarding the committee to be established. Ta´naiste was on this side of the House.

Mr. Quinn: “The Taming of the Shrew”. Mr. Kenny: The Ta´naiste was able to speak about the second report even before it was pub- The Ta´naiste: There will be full dialogue with lished, out on the plinth. all party leaders in this House and in Northern Ireland. The SDLP, Sinn Fe´in and the unionist The Ta´naiste: It is not possible, at this stage, to parties in Northern Ireland will all be consulted. indicate when the legislation referred to by With regard to the ethics legislation, I must Deputy Sargent will be brought before the correct the record of the House. Deputy Rabbitte House. I must stress that safety at sea does not has a capacity for misquoting people. The phrase depend on the passing of that legislation. Trawler the media picked up was, “we survived that”. safety must be acted upon regardless of legis- That was what was said. lation or international conventions.

Mr. Brennan: A different concept. Mr. Sargent: The introduction of the Bill would give Members an opportunity to debate the issue. The Ta´naiste: I did not say “we got away with it”. While I am correcting the record I must say Mr. Durkan: Is it intended to incorporate in to Deputy Kenny that I did not say inequality was promised legislation a means by which the public good for anything either. can be protected from the antics of Ministers who propose expenditure which is unwarranted, Mr. J. O’Keeffe: The one that got away. unjustified and unjustifiable?

The Ta´naiste: However, the Deputy will be An Ceann Comhairle: Deputy Durkan, do you pleased to know the Bill will be published this have legislation in mind? session. Mr. Durkan: I will quote the legislation, Ceann Mr. F. McGrath: The Ta´naiste is still getting Comhairle. I refer to the electronic voting away with it. debacle. Will action be taken to ensure such activities are not repeated? Such a measure could The Ta´naiste: Eat your heart out. be incorporated in the ethics Bill. 1217 Order of 1 February 2007. Business 1218

An Ceann Comhairle: Ethics legislation has The Ta´naiste: It is the Government’s intention already been dealt with this morning. I call to get through the legislative programme as Deputy Quinn. efficiently as possible. The Deputy might reflect on the following fact. Mr. Durkan: As a man who has often boasted of his anxiety to comply with ethical require- Mr. Howlin: When is the Bill coming to the ments, is the Ta´naiste prepared to bring forward House? That is the question. an amendment or appendage to the ethics Bill which would protect taxpayers from the antics of The Ta´naiste: In one week this summer, on certain Ministers? Tuesday we spent 55 minutes on the Order of Business, on Wednesday we spent an hour and Mr. N. Dempsey: Some Opposition spokesmen ten minutes and on Thursday we spent an hour ask very stupid questions. and 45 minutes.

An Ceann Comhairle: I call Deputy Quinn. (Interruptions).

Mr. Durkan: There must be an answer to my The Ta´naiste: The people are sick and sorry at question. the waste of time every week while we talk about doing our business instead of doing it. The Ta´naiste: I can give the Deputy an answer. The ethics legislation will be published this year. Mr. Ring: They are sick and tired of the There is a mechanism for saving the people from Government. foolish expenditure. Mr. Durkan: May I raise a point of order? Mr. Durkan: I know what it is. Mr. Quinn: I remind the Ta´naiste that if people Ms McManus: A change of Government. who occupy the seat he occupies now had answered questions to elected people in the The Ta´naiste: It is called the electoral process. House we would not have had the Moriarty tri- It is the process whereby the electorate were bunal, that spent ten years trying to get answers saved from having \200 million spent on a taxi to questions that Deputy McDowell and his like hardship fund and hundreds of millions of euro have refused to answer. The Ta´naiste is a spent on compensating Telecom shareholders disgrace. during the last five years. Mr. Durkan: The Ta´naiste has made reference to the length of time taken up by the Order of Mr. Durkan: The Ta´naiste has been like Rip Business. Van Winkle during the past five years. He was part and parcel of all of that. An Ceann Comhairle: That is not a point of order. I call Deputy Jim O’Keeffe. Mr. Kenny: What about PPARS and elec- tronic voting? Mr. Durkan: Does he remember that on the last day the House sat before the Christmas Mr. Quinn: The Order Paper shows the Build- recess he walked out in the middle of the Order ing Control Bill to be on Report Stage and there- of Business, insulting the House and the people fore no longer in the hands of the Select Commit- who elect the Members? tee. When is the Bill likely to come back to the House? Caoimhghı´nO´ Caola´in: On the Order of Busi- ness, a Cheann Comhairle. The Ta´naiste: The Bill is on Report Stage and should come before the House as soon as An Ceann Comhairle: The Chair will get possible. around to you eventually, Deputy O´ Caola´in. The Chair is trying to ensure we keep order in the Mr. Quinn: The Ta´naiste is pretty good at tak- House. ing a prompt but he does not understand the question. The Government is in control of busi- Mr. J. O’Keeffe: The Government promised ness. The Select Committee has considered the two Bills on the subject of fines. The Fines Bill Bill and the scheduling of Report Stage is a was to provide for the updating and indexation matter for the Chief Whip, who is sitting behind of fines and related matters, and the the Ta´naiste. 11 o’clock Enforcement of Fines Bill was to end imprisonment, where practicable, for Mr. N. Dempsey: And discussion by the Whips. inability to pay fines and to provide for new ways of enforcing the payment of fines. Yesterday, the Mr. Quinn: If the Ta´naiste does not have the Fines Bill was circulated and the promotion of answer today, can he convey it to me? the Bill seems to suggest it will end imprisonment 1219 Order of 1 February 2007. Business 1220

[Mr. J. O’Keeffe.] Mr. J. O’Keeffe: Fine Gael will put the Bill for inability to pay fines. Of course, it does no through when it is in the next Government. such thing. Will we see the Enforcement of Fines Bill in the life of the Government to end impris- An Ceann Comhairle: When Members are onment, where practicable, for inability to pay called by the Chair to put their question, the fines? Ta´naiste, or whatever Government Member is responding, is entitled to be heard in silence. If The Ta´naiste: The Fines Bill was circulated yes- the House does not want that, we will move terday. It provides for the payment of fines by directly onto the next business. instalments. Other legislation is being considered for the recovery of fines by way of imposition on Mr. Stagg: The House is entitled to answers. wages and other payments due to people. The second Bill is being worked on in my Mr. J. O’Keeffe: The House is entitled to Department. straight and honest answers.

Mr. J. O’Keeffe: It has been promised for Caoimhghı´nO´ Caola´in: Did the remarks made four years. by the Ta´naiste last weekend signal legislative intent of what can only be described as the The Ta´naiste: However, in the meantime—— dangerous and alarming proposal to detain asy- lum seekers in detention centres? Mr. J. O’Keeffe: Four years have elapsed. When will Members see it? An Ceann Comhairle: Is legislation promised?

The Ta´naiste: In the meantime, I wish to make The Ta´naiste: As the Deputy is aware, the two points. First, it is necessary there should be immigration and residence Bill is promised legis- some sanction for those who do not pay fines lation. It has been the subject of extensive consul- imposed on them by the courts. tation and will be published during this session. As I indicated to the Law Society, consideration Mr. J. O’Keeffe: Yes. The Fine Gael Bill pro- is being given to requiring certain high risk abu- vided for this. sers of the asylum seeking process to remain in one place while their applications are being The Ta´naiste: Second, the new legislation will considered. make it possible for those who do not have this sum of money available to them immediately to Ms O’Sullivan: Does the Ta´naiste have any pay it by means of instalments. idea as to the stress and anxiety caused to leaving certificate students by the failure of the CAO’s Mr. J. O’Keeffe: When will the House see the computer system? enforcement of fines Bill? An Ceann Comhairle: The matter does not An Ceann Comhairle: The question has been arise. answered. I call Deputy O´ Caola´in. Ms O’Sullivan: The reason I raise this—— Mr. J. O’Keeffe: I will repeat the question. When will Members see the enforcement of fines An Ceann Comhairle: The Chair will allow the Bill, which has been promised for the past four Deputy to raise that matter in another, appro- years by the Government? priate way.

The Ta´naiste: It is being worked on in the Ms O’Sullivan: It is a question on legislation. Department at present. A representative from the Institute of Guidance Counsellors stated on radio this morning that this Mr. J. O’Keeffe: Members know that. That matter may require amending legislation from the means they will not see it in the lifetime of this Minister for Education and Science. Government. An Ceann Comhairle: Is legislation promised? An Ceann Comhairle: I call Deputy O´ Caola´in. The Ta´naiste: No. Ms Lynch: Deputy Jim O’Keeffe should do it himself. Ms O’Sullivan: The deadline is today. Will it be extended? Mr. J. O’Keeffe: I have already done so. There is a Bill before the House——. An Ceann Comhairle: The Deputy should allow the Ta´naiste to respond. An Ceann Comhairle: Deputy Jim O’Keeffe should note the Chair wishes to put the House The Ta´naiste: While no legislation is promised on notice that the Order of Business cannot go in respect of this issue, for the information of the on indefinitely. House and those who may be affected, I have 1221 Order of 1 February 2007. Business 1222 spoken to the Minister for Education and Science Mr. J. Higgins: I ask the Ta´naiste to clarify his today and the website is now working. She per- remarks regarding risk equalisation in health sonally witnessed its operation. Moreover, any insurance. Quinn Direct is lining up to make person who is worried about the situation is free another financial killing on people’s health—— to send a postal application, as long as they get a certificate of postage for today. An Ceann Comhairle: The Deputy must con- fine himself to questions on legislation. The Mr. Howlin: They must pay again. matter has already been discussed this morning. It is now 11.05 a.m. and we should have moved Ms O’Sullivan: They have already paid. on to the Business of the House.

The Ta´naiste: Instead of adding to people’s Mr. J. Higgins: Neither the Ceann Comhairle anxieties, I urge—— nor the Ta´naiste appears to appreciate that we have an emergency—— Ms O’Sullivan: I am not doing so. An Ceann Comhairle: We cannot have a The Ta´naiste: I ask people to use the website, debate on the legislation. Has the Deputy a ques- which is operational today. If they have any tion appropriate to the Order of Business? doubts or difficulties, they should go to a post office and send in a form with a certificate of Mr. J. Higgins: A leisurely stroll in regard to postage. legislation for this matter is not what is required at present. Emergency legislation is needed. Mr. J. O’Keeffe: They should post it off with a tenner. An Ceann Comhairle: There are other ways in which this issue can be raised. Mr. Durkan: The post offices are being closed down. Mr. J. Higgins: The wolf is at the door. The Ta´naiste: I wish to make it clear there is An Ceann Comhairle: If the Deputy wishes to no intention of extending the deadline because raise it, he can submit a notice to my office. that would give rise to other legal complications. Mr. J. Higgins: I am asking the Ta´naiste, as I An Ceann Comhairle: I call Deputy Joe am perfectly entitled to do—— Higgins.

Ms O’Sullivan: While the representative of the An Ceann Comhairle: We will not spend the CAO was saying there was no problem on the entire morning debating matters that are appro- radio this morning, parents were ringing in to priate to a line Minister. state they could not get through. Mr. J. Higgins: The Ceann Comhairle is being An Ceann Comhairle: As the Chair has very unreasonable. Will emergency legislation pointed out to the Deputy, there are ways this be tabled? matter can be raised in an appropriate manner—— An Ceann Comhairle: We will move on. If Deputy Joe Higgins does not wish to allow his Ms O’Sullivan: I seek clarity regarding this colleague, Deputy Catherine Murphy, to contrib- issue. ute, we will move on to No. 67.

Mr. Howlin: People’s money was taken. Mr. J. Higgins: Can the Ceann Comhairle ask the Ta´naiste to answer? I asked a question that An Ceann Comhairle: ——and the Chair will was in order. facilitate the Deputy. An Ceann Comhairle: I call Deputy Catherine Ms O’Sullivan: There should be some concern Murphy. for the students involved, as well as their parents, who are already anxious enough at this time of Mr. J. Higgins: I asked a question that was in year. order. Will the Ta´naiste answer?

An Ceann Comhairle: I call Deputy Joe An Ceann Comhairle: The Ta´naiste, on the Higgins. question.

Mr. J. Higgins: As an aside, the problem with The Ta´naiste: I have already indicated there is that issue is that the deadline is 5.15 p.m. today. promised legislation, a report from the Barrington group and a report from the Compe- An Ceann Comhairle: Sorry Deputy, we must tition Authority. When the Government has con- move on. I call Deputy Catherine Murphy. sidered the aforementioned reports, the issues 1223 Order of 1 February 2007. Business 1224

[The Ta´naiste.] Mr. Howlin: What are the Government’s raised by the Deputy will be fully addressed in thoughts on the timeframe? the context of that legislation. The Ta´naiste: First, the Government is anxious Mr. J. Higgins: That will only give another to receive the general response of the Opposition three-year free run. parties and other interested stakeholders. It will be greatly interested to see the Opposition’s Ms C. Murphy: Expectations were raised last response to the briefing received last night. week when the Ta´naiste publically declared his support for new legislation on management com- Mr. Rabbitte: What is the answer? panies. Is it intended to introduce new legislation within the lifetime of the Government to deal Ms McManus: Members did not hear an with this issue? answer.

An Ceann Comhairle: Is legislation promised? An Ceann Comhairle: No. 67, Private Members’ business—— The Ta´naiste: It is the Government’s intention to legislate in this area. However, as the Deputy Mr. Howlin: If I may—— is probably aware, having paid attention to what happened at the conference organised by the An Ceann Comhairle: The Deputy had his Government, the exact nature of such legislation opportunity. is still the subject matter of consultation among stakeholders and interested parties. Ms McManus: Members did not get an answer.

Mr. Howlin: Last night, the Minister of State An Ceann Comhairle: Deputy Howlin inter- with responsibility for children briefed the Oppo- rupted the Minister when he was replying sition spokespersons on justice in respect of and—— Government thinking on a referendum to protect children and to give them greater rights in the Mr. Howlin: I wish to ask a question. Constitution. Although a briefing document has An Ceann Comhairle: ——we cannot have an been circulated, obviously the spokespersons orderly Order of Business if the Member called must see the specific wording. What timeframe is is not heard in silence. envisaged by the Government to deal with this matter? It will require careful consideration by Mr. Howlin: The Ceann Comhairle should the House, as well as a subsequent period of listen for a second. There is no point in having an reflection for the public. From the guidelines Order of Business if questions are simply ignored. issued, I understand there are five separate pro- I put it to the Ceann Comhairle that he has a posals, which constitutes a considerable block of responsibility to at least ensure that questions words to be inserted in the Constitution. I seek are answered. an indication from the Ta´naiste regarding a pre- ferred timeframe for the implementation of this An Ceann Comhairle: The Chair has no matter and for putting this issue to the people. I responsibility in the matter. The Chair—— understand this matter was discussed by the Cabinet this week. Mr. Stagg: The Chair is putting the Opposition in its place. The Ta´naiste: The Taoiseach has already indi- cated the overall position in this regard. Under Mr. Howlin: What is the preferred timeframe the referendum legislation, as the Deputy is for the Government to take this matter? Does it aware, all legislation to amend the Constitution intend to hold the referendum on child protection must pass through both Houses of the Oireachtas. in advance of the general election? That is a sim- Subsequently, a period must elapse before it can ple question. be put before the people. It is a well-defined pro- cess. There is also the question of the establish- Mr. J. O’Keeffe: Before the Ta´naiste ment of a commission to provide independent replies—— guidance to people in respect of the contents of the legislation. An Ceann Comhairle: That question was dealt with. Deputy Jim O’Keeffe has already contrib- Mr. Howlin: I am aware of that. I introduced uted to the Order of Business and will not do so the legislation myself. again. We will not create a new precedent this morning. The Ta´naiste: There is a well-established matrix in terms of time for the holding of Mr. J. O’Keeffe: I wish to ask a related ques- referenda. tion on the same issue. 1225 Cancer Services: 1 February 2007. Motion (Resumed) 1226

An Ceann Comhairle: I will move on to Private — further condemns the fact that a com- Members’ Business, unless he allows this—— prehensive national breast screening programme is not yet in place; Mr. Durkan: Members should at least get a calls for: reply. — vigorous programmes for cancer pre- Mr. J. O’Keeffe: This matter pertains to vention including education of chil- amending the Constitution. Can Members not dren in schools from a young age; hear a reasoned comment? — urgency and added resources to put in place a comprehensive programme The Ta´naiste: In response to Deputy Howlin’s for the earliest possible detection, point, the Government intends to deal with this and the best possible treatment of matter as quickly as possible. If there is all-party cancer; agreement on this issue it will happen much faster than if there is not. This is how things happen in — the immediate extension of cervical this House. and breast screening to all areas of the country; Mr. J. O’Keeffe: An opportunity is not even — appropriate national screening prog- being given for all-party comment. rammes for other cancers such as col- orectal and prostate cancer; The Ta´naiste: In answer to the Deputy’s ques- tion, the Government intends to proceed with an — the provision of 3,000 acute hospital amendment along these lines before the next beds that are urgently needed to general election, if possible. ensure cancer sufferers are not prevented from immediate admission to hospital when necessary; Private Members’ Business. — the scrapping of the Government bias ———— toward privatisation of health care through fostering tax incentivised Cancer Services: Motion (Resumed). private hospitals in the grounds of public hospitals; The following motion was moved by Deputy — regional radiotherapy centres provid- Joe Higgins on Wednesday, 31 January 2007: ing access for cancer patients throughout the island of Ireland and That Da´il E´ ireann, to meet the concerns of communities conscious of the fact that 20,000 new cases of in the north west and south east at cancer are diagnosed in the State each year the failure to provide radiation ther- with 7,500 dying from the disease:— apy for public patients; — calls on the Minister for Health and — a review of the decision to close St. Children to make a clear and compre- Luke’s Hospital in Dublin in view of hensive statement on current services the testimony of former and current for cancer patients in this State and patients about its contribution to to clarify in detail the position on the cancer care; and implementation of the national plan — a fully resourced public health service for radiation oncology; with immediate access to services by — notes with alarm the recently high- all, based on medical needs. lighted situation of a Kilkenny mother, “Rosie”, with an aggressive Debate resumed on amendment No. 1: cancer of the colon, who, being a ´ public patient, had to wait eight To delete all words after “Da´il Eireann” and months for a colonoscopy with the substitute the following: most serious and tragic consequences — commends the Government for the for her health and life; unprecedented investment in cancer — condemns the fact that after ten years control, including prevention, screen- in power the Fianna Fa´il-Progressive ing, treatment services and support- Democrats Government has failed to ive care; put in place a comprehensive national — supports the Minister for Health and cervical cancer screening programme, Children in her commitment to 11 years after this was announced, ensuring equitable access to high while the waiting time for test results quality cancer services for patients can be six months; throughout the country; and 1227 Cancer Services: 1 February 2007. Motion (Resumed) 1228

recognises with approval: An Ceann Comhairle: Ciu´ nas. — that cancer survival is improving in Ireland for all of the major cancers; Dr. Devins: I am delighted to have the oppor- tunity to speak on this Private Members’ motion — that since the implementation of the on cancer services. I congratulate the Govern- first National Cancer Strategy in ment on the proactive approach it has taken over 1997, approximately \1 billion has the past ten years in the fight against cancer. We been invested in cancer services must deal in facts on this issue. It is a fact that nationally; more than \1 billion has been invested in the — the additional revenue investment of battle against cancer since the first national \20.5 million in cancer control for cancer strategy was established in 1997. It is also 2007 and the establishment by the worth remembering that more than 100 consult- Health Service Executive of a ants have been appointed in the three key areas National Cancer Control Programme of cancer care, namely, oncology, radiotherapy to implement the New National and surgery. These are the three pillars of cancer Strategy for Cancer Control; fighting and each must be developed to the maximum. — that the National Development Plan However, there is another aspect of the fight 2007-2013 includes major investment against cancer that I would like to focus on, in the implementation of the Cancer namely, the early detection of this malignant dis- Control Strategy, including modern ease. This is best achieved by screening. The diagnostic and treatment facilities; implementation of effective, fully evaluated and — the Government’s continued support cost analysed methods of screening is essential if for health promotion programmes, the ravages of cancer are to be overcome. including health education prog- BreastCheck uses a proven method of screening rammes being delivered through for breast disease in women. I am delighted that schools nationally; the roll-out of this essential service in the south and west will commence in a few months. I wel- — the recent establishment by the Mini- come the \8 million which the Government has ster for Health and Children of a allocated for this. Construction of the two National Cancer Screening Service regional units, in Cork and Galway, is under way. Board which will roll out The Galway unit will cover the west and north BreastCheck to the south and west west, and construction commenced last year. This commencing in spring of this year and is the physical manifestation of the fact that the the Irish Cervical Screening Prog- roll-out is on target. The purchase of five ramme commencing late 2007, and additional mobile units will ensure that those also advise on a colorectal cancer areas of the country outside the range of the screening programme; regional centres will have the full benefits of — the progress that has been achieved BreastCheck. Women living in areas such as to date on the implementation of the Sligo-Leitrim will be able to avail of this service National Plan for Radiation from the start of the national roll-out this Oncology; the commitment of all summer. necessary capital funding for the plan I want to refer to screening for cancer of the through Public Private Partnership cervix. As we all know, cervical cancer is on the and Exchequer sources; and the com- increase. An effective screening procedure is mitment of the Government and the available and a pilot screening project has been Health Service Executive to achieve available for women in the mid-west area during full implementation in a timeframe the period January 2001 to December 2006. This that accords with the Government’s pilot project is currently being evaluated and I policies and priorities; and understand the results are encouraging. It is essential that the expansion of this much needed — progress being made in the procure- programme to the rest of the country is com- ment process for the initiative to menced as soon as possible. I ask the Minister develop private hospitals on the cam- to ensure that the full national cervical screening puses of public hospitals in order that programme is in place by the end of 2007. I up to 1,000 beds currently reserved warmly welcome the \5 million provided by the for private patients may be redesig- Government to facilitate this roll-out. nated for use by public patients. However, it is important that this is not a par- —(Minister for Health and Children). tial roll-out, as occurred under the BreastCheck Dr. Devins: I wish to share time with Deputies programme. All women in the country, irrespec- Cooper-Flynn, O’Connor, Keaveney and tive of where they live, are entitled, and demand, McGuinness, if that is agreeable. this essential cancer screening service. It must be available to all women at the same time. We have (Interruptions). seen in the past the geographic inequalities that 1229 Cancer Services: 1 February 2007. Motion (Resumed) 1230 resulted from a partial roll-out of BreastCheck. expand the programme nationally. It is important After the strong case made by various public rep- that this is done throughout the country by the resentatives from the west and south, including end of 2007. I welcome the provision by the me, I am delighted that this inequality is about to Department of an additional \5 million to facili- be corrected with the commencement of tate the rolling out of this service. BreastCheck in these areas. From repeated rep- It is important to recognise that there is a defi- resentations made to me, I know how much the nite national plan in place for radiotherapy and women in Sligo and Leitrim, as in other areas, the Minister is to be commended on this. The need this essential service. deadline for the roll-out of this service through- I warmly welcome the commencement of out the country is 2011. The Minister maintains BreastCheck in the summer. I urge that the com- that much of this will be done through public mencement of the national screening programme private partnership. It will be difficult to meet this for cervical cancer be commenced in 2007. deadline, but all the resources possible need to be put into this area to ensure the deadline is met. Ms Cooper-Flynn: I welcome the opportunity It is critical to the public that this is taken to speak on the issue of cancer services, which seriously. I welcome the fact that the new are of huge importance throughout the country, national development plan includes a major particularly in the west where I am based. investment for the cancer control strategy. This is I compliment the Minister for Health and Chil- an indication of how serious the Government is dren and her Department on the significant taking the whole issue of cancer services. improvements in funding for cancer services. I welcome the improvements that have been However, having acknowledged that, we must made. It would be remiss of anyone not to examine the serious issues that still face us such acknowledge the very significant investment that as the inadequacy of the services and areas where has been made in cancer services. However, there I feel discrimination has taken place, particularly are still huge gaps in the service and we must do with regard to the roll-out of certain services to everything we can to address them. I ask the the disadvantage and detriment of women in the Minister that fairness and equity be applied west. It is unacceptable that there are waiting lists across the country and that the west not be dis- of up to 14 weeks for radiotherapy and that criminated against in the future as, unfortunately, people have to travel extremely long distances. it was in the past. People with prostrate and lung cancer, for example, are on unacceptably long waiting lists. Mr. O’Connor: I welcome the opportunity of Everyone has acknowledged that this is against speaking on this motion. I compliment the Inde- best clinical practice. pendent group on the manner in which it tabled We all welcome the roll-out of the cervical it. screening programme. However, the availability of BreastCheck has been a serious issue in the The Joint Committee on Health and Children west. Breast screening has been in place in had a meeting yesterday with an SDLP group. It Northern Ireland for more than ten years. It has might encourage the Minister to know that the been available in most parts of Ireland for the group paid much tribute to the work she is doing. past four to five years. However, breast screening Carmel Hanna, the SDLP spokesperson on will not be up and running in the west until the health, said they are impressed by the efforts of end of this year. The Minister has been serious the Minister. Perhaps the Minister of State will about making this happen and I welcome the fact convey those views to the Minister. that this deadline will be met. I welcome the I note that the Minister of State, Deputy Brian additional investment of funds the Minister has Lenihan, is in the House. As a Tallaght-based put in place to make it a reality. However, it is Fianna Fa´il Deputy, I am particularly pleased that important that we are not left to the end in the this week he confirmed that major funding is to roll-out of the national cervical screening prog- be made available to the childhood development ramme. The people of the west cannot be treated initiative in Jobstown. The news has been warmly in this discriminatory manner. Sadly, there are welcomed in Tallaght and I thank the Minister of women being diagnosed with breast cancer today State for his efforts in that regard. who could have been alerted earlier if this service One would expect that in a debate such as this had been available to them. I would mention Tallaght at least once. There is A partial roll-out of any service of this type is a group from the VTOS in Tallaght in the Public unacceptable. I accept that a pilot scheme for cer- Gallery and it has taken a particular interest in vical screening has been running and we all recog- the debate so far. I know they would want me to nise that the number of women getting cervical speak up for Tallaght, which I always want to do. cancer is increasing. Cervical cancer is a killer and The Ceann Comhairle has taken a particular must be addressed with the utmost seriousness. interest in Tallaght Hospital since it was founded I note that from January 2001 until the end of and was kind enough to place me on its board December 2006 approximately 50,700 women more than 20 years ago. That was a significant act attended for screening under this pilot prog- at a time when we needed community voices on ramme in the mid-west. I welcome the decision to Tallaght Hospital. 1231 Cancer Services: 1 February 2007. Motion (Resumed) 1232

[Mr. O’Connor.] Hospital in Tallaght be designated as one of the When the hospital was set up in 1998 it was eight major cancer centres when the report is keen to develop its cancer services. Cancer care finalised. I stress that point to the Minister of has become one of the major pillars of health care State and hope, taking an interest in Tallaght and provision in the past few years at the Adelaide, in my work as he does, he conveys that to the Meath and National Children’s Hospital in Minister at the earliest opportunity. Tallaght. While most of the specialties involved This has been a valuable debate. The rota of in cancer care were represented from the opening Government speakers shows we have come from of the hospital in summer 1998, some key dis- north, south, east and west, which highlights how ciplines were missing. The advent of a medical important this issue is to people. At a time when oncology unit and the appointment of specialists there is unprecedented wealth in the country all in the fields of palliative care, radiation oncology of us have a role to play in ensuring health and other disciplines have introduced a holistic services continue to serve the people. We should approach to the care of the cancer patient. not be ashamed to make that point at every Against the background of the existing strength opportunity where cancer services are concerned. in the field of surgical oncology, Tallaght Hospital has now evolved into a centre providing Cecilia Keaveney: I will declare an interest. My all aspects of cancer care. father died of cancer so it is of personal interest Over 1,300 new cancers are seen annually at to me as much as it is to anybody in this Tallaght Hospital. Solid tumours including pros- Chamber. Former Deputies, some good friends, tate, renal, cell, lung and others all have dedi- have also died of cancer. People outside may cated high-volume units. A strong unit oversees think we are a different beast but we are also the research board and there is a clinics trial unit touched by this serious disease. One in four will whose aim, I understand, is to conduct research get cancer and one in three will die from it. into cancer. There has been a huge investment in I have spent some time dealing with the issue cancer audit in the past two years which has of cancer. A number of years ago I and the then resulted in the purchase of a dendrite system and Senator Mary Jackman spoke with people in the appointment of audit managers for all major England in various cancer hospitals. We were disciplines in cancer care. The national institute asked by one specialist not to politicise cancer nor of preventive health will play an important role in to call for services in every single hospital just the range of cancer services provided at Tallaght, because we might represent the area in which one particularly relating to colon, breast, cervical and was situated. The specialist urged that we put the prostate cancer screening. patient first and ensure the patient had the best The recent publication of the National Cancer opportunity to survive. That advice has had a Forum recommended that there be four cancer deep impact on my work since. I am lucky that networks and approximately eight cancer centres my local hospital in Letterkenny has the potential in Ireland. This is a much needed opportunity to and ability to deliver a good quality cancer enhance existing services. All site-specific groups service. That service was fought for and has relied mentioned want to consolidate and expand in line very heavily on one factor, namely the delivery of with the large increase in cancer numbers out- a permanent breast surgeon to link with a bigger lined in the report of the National Cancer Regis- centre, avoiding the situation where surgeons try and in keeping with the increase in our elderly work on a small number of cases widely dispersed population. The volume of cancer numbers and around the countryside. If I, God forbid, had to range of cancers seen, the availability of the full go under the knife at any point I would like to range of necessary disciplines, its formal audit think the surgeon dealing with me dealt with and quality assurance programmes all point to cancer surgery day in and day out, week in and Tallaght Hospital as being more than qualified to week out, so that his eyes were as sharp as his be one of the national cancer centres. This is an knife. essential ingredient for the future of the When I sought facilities for Letterkenny Adelaide, Meath and National Children’s General Hospital a number of years ago I was Hospital and the population it serves. I remind told by the health board that it needed to link up Members that Tallaght Hospital, situated as it is with a bigger centre first, with the development in the third largest population centre in the coun- of its services coming further down the line. try, also caters for a wider catchment, extending Thankfully, many years later, it has moved on sig- through parts of Wicklow and Kildare and as far nificantly. I acknowledge the tremendous role the as the Wexford border. Donegal Action for Cancer Care group played. At a time when health care is on everybody’s Public recognition of and mobilisation towards mind and the subject of much discussion it is what was needed were also important and we are important we speak up for our local hospitals. I now in a position where the job of permanent am happy to do so in the case of Tallaght breast surgeon will soon be advertised. We have Hospital. As a local Deputy for the Tallaght area, a link with Galway Regional Hospital, as a result I believe that, as evidence of the Government’s of which the potential for our patients has commitment, it will be expected that the improved dramatically. It has taken some time Adelaide, Meath and National Children’s but surgery has been maintained in the interim so 1233 Cancer Services: 1 February 2007. Motion (Resumed) 1234

I am pleased about the agreement to link up with and that spending is directed to the service’s front Galway. Many people suggested we link up with line to bring about improvements in the regions. Derry but that was discussed and we have During the course of this debate, reference was moved on. made to the case of Rosie in St. Luke’s Hospital, BreastCheck is the second of three major Kilkenny. As someone who represents Kilkenny, aspects of cancer delivery and I am delighted it is I want to say that everyone sympathises with the still on target for roll-out later this year. As with case. The hospital recognised its error, which other Deputies from the west and north west I highlighted an issue in the hospital that must be would have been delighted for our areas to have dealt with. St. Luke’s Hospital delivers a fine all- been part of the first roll-out. We look forward round service and has been recognised nationally to being pilots for all sorts of schemes but we as a model of best practice. As a result of the often seem to be the last to have them delivered. unfortunate incident, the hospital has reviewed its The third aspect of cancer care is radio- services and I am glad to say that it has identified oncology. The fact that there were links with the need for a day care unit, which has been \ Dublin and Galway meant people received a funded to the tune of 300,000 by the HSE. service and the idea of linking up with Belfast Hospitals that take initiatives in which patients offers a third option. Some 50 spaces have been are at the centre should be rewarded quickly. I \ reserved for patients who want to choose that consider the grant of 300,000 to be a reward and option. Given the level of new investment in the I hope that the patient, Rosie, will agree that service, which is one of the best in Europe, if not something good for patients in general has come the world, such cross-Border co-operation is wel- from the case. I encourage the Minister to con- come. Co-operation is not specific to cancer, tinue to examine St. Luke’s and to conduct the because we interact with our neighbours in hospital reward scheme around the country so respect of NoWDOC initiatives, ENT, derma- that consultants and hospital managers can see a tology and other areas. It is a matter of critical way to improve their services, take initiatives, be mass and best patient outcomes, which I hope will rewarded and benefit patients. continue to be the case. Like other speakers, I acknowledge the amount invested in cancer care since 1997, that is, more The number of beds must increase to facilitate than \1 billion, but more needs to be done. I new specialties. Letterkenny General Hospital appreciate that 110 consultants are being has a new oncology ward. My uncle was one of appointed and that not only has the number of the first to use it, but it is unfortunate that he has cancer patients increased, but they are being seen since died. With an increase in specialties, there more efficiently. However, a number of issues are are other pressures in hospitals and I welcome of concern to cancer patients in the south east, the fact that more beds are entering the system where more remains to be done. The commit- at Letterkenny. ment to provide a cancer care unit at a site co- I do not know why people should have to wait located with a private hospital was given, but unduly for operations. The statistics for the there seems to be back-tracking on that project National Treatment Purchase Fund given to us in in that it will be delivered by conventional means. September showed that 3,125 people were People at the coalface of cancer care in the south awaiting surgery in Letterkenny and only 300 had east and those who have been campaigning for been referred to the fund. A clear message must many years for an improvement in the centre are go to patients, general practitioners and consult- concerned that the HSE is not as clear on the ants that the fund represents a major investment development as it was. by the Government and a significant opportunity The Minister has stated her case, but will the to reduce waiting lists. It might not be in the HSE come clean on what it intends to do and interests of private practice, but it is in the state whether it will provide a service within the interests of patients, which is what a health timeframe specified, namely, two years? To know service is supposed to be about. It is in everyone’s where we are going in terms of the campaign on interest to keep people as healthy as possible. improvements in services, we need to know what The Government is moving in the proper direc- is happening. I appeal to the Minister of State to tion. While more remains to be done, I am clear establish the up-to-date position and ensure that on the need for the people to have a good health the HSE follows through on its political commit- service with patients at its core. ment, which can be delivered on. I do not mind that it will be delivered in the conventional way Mr. McGuinness: As I did last week, I welcome rather than through a public private partnership this debate on health matters. I hope that we will or co-location. All that concerns us is whether the have ongoing debates on developments within service will be delivered. Will the Minister of the Health Service Executive, focusing on the State take this information on board and bring current spend provided by the Department of clarity to the debate? Health and Children to the HSE, how it is being Some \6.5 million is needed in terms of capital used and how services are being delivered. By and required positions to bring the palliative care way of debate, we should continue to ensure that service in the south east to a minimum level. I the patient is at the centre of our health service understand that the project received \1.2 million 1235 Cancer Services: 1 February 2007. Motion (Resumed) 1236

[Mr. McGuinness.] this motion on cancer services and I thank the in 2006, but that the HSE did not spend the Members of the Technical Group for tabling it. money. There is no clarity on how the money was On World Cancer Day 2006, the Irish Cancer spent. Why was it not spent on palliative care, Society highlighted predictions that cancer what does the HSE intend to do about the issue numbers will increase from 22,000 a year at and why did it not fulfil part of its agenda? In the present to 43,000 by 2020 and that the number south east, there are two palliative care consult- of potentially fatal cancers will more than double ants who do not work at weekends. The HSE has from 13,800 to 28,800. The Government’s policy not succeeded in making a deal with them in documents acknowledge the need for comprehen- terms of a weekend service. As home care teams sive cancer services. are active on a 24-7 basis, I ask that the situation Far from delivering a world class cancer be reviewed and resolved. service, however, a confidential Health Service Regarding dialysis, public patients are being Executive document exposed last month that the referred to a private clinic in Kilkenny. At the cancer treatment plan launched by the Minister Whitfield Clinic in County Waterford, a radiation for Health and Children 18 months ago is in total oncologist must visit patients, examine their con- disarray. It is beset by a catalogue of errors, dition, decide on their standards of care and have delays, and what the report describes as “linger- them referred to the private facility. At a similar ing complexities” over cost. In short, the cancer project handling dialysis cases in Kilkenny, the plan is a shambles. Despite the commitment to HSE was reluctant to put in place efficiently a spend \400 million on 36 centres by 2007, the service contract that would enable public patients report makes it clear that none of this is going to to be referred. The debate is ongoing. happen on time. Moreover, the interim plan to The bureaucracy and red tape should be increase capacity in Dublin at St. James’s and removed from the system and the Minister should Beaumont Hospitals by 2008 will also not be intervene to ensure that this type of service is achieved by that date. established at the Whitfield Clinic as soon as pos- Yesterday, we were alerted to the news that St. sible and that public patients are referred to the James’s Hospital in Dublin was forced to post- centre immediately. Without political inter- pone 20 surgical operations because of a lack of vention, the matter will drag on for months on intensive care beds. St. James’s is one of Ireland’s end, as has been the case at the Kilkenny dialysis best run, best managed and best operated unit. Kilkenny patients are being referred to hospitals but even it cannot perform vital, poten- Dublin and vice versa. It is hardship for the tially life-saving operations because of insufficient patients and it must be corrected. numbers of intensive care beds. This has a direct The position of cancer patients is worse impact on the survival chances of patients. I note because they must travel all over the country. that in another major Dublin teaching hospital Regarding patients who must travel to Limerick or Dublin, CERT, a charitable organisation, there are intensive care beds that have not been arranges transport for cancer patients in the south commissioned because of staffing issues. On one east. It is poorly funded and cannot be advertised hand there is a hospital that cannot keep up with because it would be overcome by the numbers demand while on the other, another hospital who would want to use the service. The HSE has cannot provide for demand because the Govern- a role to play in that it must ensure sufficient ment has not put the resources in place. funds to transport patients in an appropriate Site identification issues are creating problems mode to get them to their appointments in com- in Limerick and Waterford, despite the fact there fort and without stress, which is not the case cur- are private facilities available for public patients. rently. The promise in the Hollywood report of In the north west, the plan to allow patients to innovative transport measures has not been ful- access services in Belfast cannot be realised, filled. If the HSE, which is aware of this report, meaning very sick patients must still endure a ten has not returned the \1.2 million it must put it to hour round trip to Dublin for treatment. work to transport patients effectively and The radiotherapy plan was designed to allevi- efficiently in a way that is available to all. While ate the distress of those who are extremely sick. we are waiting for services to be provided in It was roundly welcomed and supported by this Waterford for those cancer patients, we should side of the House. Tragically, it has fallen victim have a transport system in place. to the Minister’s unfortunate habit of announcing Much needs to be done in the context of the grandiose plans for the health service without management of the HSE and I ask that we con- adequate consultation, advance planning or any tinue to debate these issues until management is idea of what the final costs will be. made more efficient and made to deliver. With Among the Minister’s cancer strategy goals was the money it is getting, it should be able to fulfil an aspiration to have a national cervical screening some of the basic needs of these patients. programme yet at present the results of smear tests are taking over six months to process. These Ms McManus: I wish to share time with delays are causing real risks where no risk should Deputies O’Shea, Wall and Breda Moynihan- pertain because the treatment is so simple. It is Cronin. I welcome the opportunity to speak on about time the Minister dealt with the existing 1237 Cancer Services: 1 February 2007. Motion (Resumed) 1238 inequity and shortcomings before making further After 12 years of prosperity, we have failed to grandiose unfulfilled promises. capitalise on our economic well-being to improve Figures for cancer in this country show mor- our social well-being. Nowhere is that more mani- tality rates from cancer are often determined by fest than in the health sector. A fairer society is socio-economic background and geographic a healthier society. In developing our thinking on location. For years, activists campaigning for health, Labour has committed itself to a number improved cancer services have argued the of simple principles: quality, fairness and value obvious, that patient outcomes are reflected in for money. It is important that it is recognised access to quality treatment. A report by the that there are inequalities as we speak in cancer National Cancer Registry, however, two years services, geographically, particularly with ago confirmed the geographical discrimination BreastCheck, but also in class and socio-econ- that exists in Ireland is “striking”. Ireland’s incid- omic terms when it comes to cervical cancer scre- ence of breast cancer is below the EU15 average ening. These issues could and should have been but the rate of death from breast cancer in 2001 addressed by the Minister but instead there is was the highest reported in the EU15. The deep disappointment after such hope being gen- Institute of Public Health in Ireland in its report erated by the Minister’s pronouncements. entitled “Inequalities in Mortality” found that all the rates of mortality for cancers in the lowest Ms B. Moynihan-Cronin: I welcome the oppor- occupational class were 100% higher than the tunity to speak on this vital issue and commend rate in the highest occupational class. the technical group for bringing it to the floor of Most of us are no doubt familiar with the tragic the House. circumstances of Rosie who spoke out on “Live- On a daily basis we hear horror story after hor- line” in January. The day before she appeared on ror story about the deficiencies in our cancer “Liveline”, she was getting chemotherapy along- services. Those services are staffed by incredibly side a man with the same diagnosis. He too had dedicated and caring personnel and I feel for bowel cancer but had got his colonoscopy within those personnel when I hear complaints about three days of seeing his GP. He was a private cancer services. In many cases, they are under- patient but, like half of the Irish population, resourced, over-worked and at the end of their Rosie does not have private health insurance. tether. The HSE has radio advertisements directed at When it emerged recently that women in Kerry alerting people to the early signs of colon cancer. and Cork are waiting six months for the results “Early diagnosis can save lives”, the radio adver- of cervical smear tests, there was justifiable anger. tisement says. Early diagnosis can only save lives The Minister for Health and Children and the if the services are there to diagnose those using Health Service Executive encourage women to go them. Rosie, along with 2 million other Irish for tests but then ask them to wait agonisingly people, is treated as a public patient in the bot- long periods for the results. I was speaking to a tom half of a two-tier health system where the woman in my constituency before Christmas who delays in accessing treatment can cut a person’s waited for nine months for the results of a smear life short. test and, as a result, she must undergo intensive A further inequality is geographic. treatment. BreastCheck was introduced seven years ago but She should have received her results within it is still not available nationwide, access to a life- three weeks. I questioned the HSE about this and saving screening programme depends on a per- I was informed there was a shortage of trained son’s address. It has been estimated that 65 staff in Ireland to carry out the tests. However, women a year are dying in Ireland for the simple when the Taoiseach was questioned on the Order reason that breast cancer screening is lacking in of Business yesterday about the health service, he the west and south of the country. “Early diag- stated there was no shortage of staff and that it nosis can save lives”, that is the slogan but there was not the issue. I remind him that the women are parts of the country that have four times more of Kerry are suffering because of a staff shortage cancer specialists than other parts. in Cork University Hospital. The lack of cancer services imposes horrific Ireland has experienced a steady increase in travel journeys on people at the most vulnerable the number of deaths from cervical cancer at a time of their lives. Journeys from Donegal to St. rate of 1.5 each year since the late 1970s. In Luke’s for essential radiotherapy can take up to England and Wales a screening programme was ten hours, hours which are gruelling and difficult introduced in 1988 and the rate of cervical cancer for people who are so sick. deaths reduced noticeably. Research on cervical It is now clear that the Government has broken cancer in Britain and Ireland published in the its promise to patients requiring radiotherapy British Journal of Cancer two years ago found the treatment. The most tragic aspect of this is that death rate was higher in Ireland because of the there are cancer patients who have simply given absence of a proper screening programme. When up any hope and do not expect to receive this will a cervical screening programme, similar to vital and life-saving treatment in their com- BreastCheck, be put in place? A total of 70 munity, allowing them to access it while dealing women die a painful and needless death annually with the other demands on their daily lives. from cervical cancer in Ireland and each death 1239 Cancer Services: 1 February 2007. Motion (Resumed) 1240

[Ms B. Moynihan-Cronin.] tracts on hospital grounds were to be signed last would be preventible if a national screening prog- month. What is the current position regarding the ramme was in place, which should be building at WRH? Is there another delay? accompanied by a public information and aware- The Minister concluded that “The NDP will ness campaign to alert women to cervical cancer support a new ward with 20 treatment places at and the benefits of screening. Waterford Regional Hospital”. This is very wel- However, I am surprised by the delay on the come because the chemotherapy facilities for part of the Government in providing cervical patients leave much to be desired but it is omin- screening. We only have to consider the shameful ous that she made no reference to the dedicated situation regarding the roll-out of the oncology unit. Has this been abandoned by the BreastCheck programme in the south and west, Government? Will such a unit be provided during to which Deputy McManus referred. The prog- the lifetime of the national development plan? ramme was due to be delivered in the south and While the Minister has indicated action is being west in 2002. It was then deferred to 2005 and taken, nothing definite has been provided. My now it has been deferred to the end of this year. colleague, Deputy Moynihan-Cronin, referred to Two years ago I instigated a widespread cam- the roll-out of BreastCheck. According to the paign in Kerry to lobby for the nationwide roll- Minister, the first round of screening in the south out of BreastCheck. I and many women of my and west will commence in the spring. Today is age were fed up and appalled because we were the first day of spring and it is extraordinary that being denied a service other women of our age she could not be more explicit regarding the com- were being provided with because we had the mencement of the service. Does this mean wrong address. women in the Waterford constituency will be Thousands of people were involved in the cam- screened this spring? What does this vague state- paign and BreastCheck would not be rolled out ment convey? in the south and west next September were it not The issue of palliative care has also been for that campaign. I am delighted that Fianna Fa´il raised. Last year \1.2 million was provided for took an interest in the campaign recently when the development of such services in the south east its members took credit for the roll-out. When but the money was not spent, which is appalling the campaign was under way, I did not see a sign in the context of planning and the provision of of a Fianna Fa´il member at a public meeting, rally services. Annually, 1,000 patients in the south or collecting signatures but, because the prog- east must travel to other centres for radiotherapy ramme is about to be delivered, they are taking treatment. For example, a lady in her late 20s had credit for it. People will see through that. to travel for such treatment three days before she Cervical screening is very necessary. Staff passed away. While there are indications such should be put in place in Cork University cases will become a thing of the past and palli- Hospital because I do not want to see any more ative services will be provided, insufficient beds of my constituents and friends die of cervical are available. What is happening in this regard? cancer. How many of the 1,000 patients from the south east who must travel for treatment every year will Mr. B. O’Shea: I am pleased to have the oppor- be treated at the University of Pittsburgh medical tunity to contribute to the debate. The Minister centre? What cancers will be treated? I acknowl- for Health and Children stated in regard to radi- edge a number of complicated cancers can only ation oncology in the Waterford area that “A be treated in an integrated manner in a desig- service level agreement is being finalised at nated hospital but the Minister’s comments present between the HSE and the private Whit- regarding the south east are too vague. She did field Clinic in County Waterford”. The service not indicate when the service level agreement will be provided by the University of Pittsburgh would be in operation, what it will cater for and medical centre, which is located in the clinic and so on. which is a not-for-profit organisation. My prob- I understand a medical treatment is now avail- lem is the agreement could have been in place able which can prevent the onset of cervical many months ago if the HSE and the Minister cancer, to which Deputy Moynihan-Cronin had the mind to develop the service in the area. referred. In light of that amazing and However, the Minister’s statement is not 12 o’clock welcome breakthrough, does the definitive. State have any proposals for introd- She did not state when the agreement would ucing the treatment here? I am not sure of the be finalised or signed and, therefore, the issue is technical aspects but if it is possible to eliminate still up in the air. The Minister further stated, cervical cancer, money should be no object and “This will support the referral of public patients any technical or other obstacles to introducing for radiation oncology treatment while we build the treatment should be addressed immediately. the public radiation oncology centre at Waterford We want clarity and answers to the mystery Regional Hospital”. This statement also results in which surrounds the status of the public private more questions than answers. My understanding partnership developments at 12 hospital sites. is the centre is to be provided through a public Some positive indications have been made but private partnership and that 11 of the 12 PPP con- the situation remains vague, which is typical of 1241 Cancer Services: 1 February 2007. Motion (Resumed) 1242 this Government. As the Government We know from the Irish Cancer Society that approaches its dying days, it is hoping that the when the Government was devising its cancer vague undertakings it is giving will pull it through strategy, it did not budget properly for the signifi- the next general election. cant increase in cancer cases we are now experi- encing. No mention is made in the strategy of Mr. Gormley: I wish to share time with how cancer services will cater for an increased Deputies Ferris and Morgan. capacity or budgets for the maintenance and A statistic which stands out with regard to development of cancer care services. According cancer is that we are going to see a 90% increase to the society, the annual budget for cancer in cancer rates over the next 15 years. That services, which currently stands at \25.5 million, amounts to a cancer epidemic but we should not will be totally inadequate to meet increasing be surprised to hear that one in three people will demands and the need for health promotion, have cancer or that the rate is rising continuously. cancer prevention and screening programmes. It is no longer a case of saying that when people It is important that we invest in the early detec- died in the past we did not know what killed them tion of cancer. Given the slow roll-out of screen- because we now have statistics dating back to the ing services, many people are dying unnecess- 1960s. It is clear from statistics published by the arily. Statistics compiled by Maev-Ann Wren and WHO that 80% of cancers are environmentally Dale Tussing indicate that, even though Ireland’s linked. That is a telling statistic. Sandra Steing- incidence of breast cancer is below the EU aver- raber wrote a seminal book on cancer, Living age, the death rate from breast cancer in 2001 was Downstream, in which she demonstrated clearly the highest reported within the EU 15. This com- that our rising rates of cancer are linked to the bination suggests that early detection and treat- increasing numbers of chemicals we are inhaling ment are inferior in Ireland. When BreastCheck and using in our households. It is time we is finally introduced nationwide, the death rate returned to first principles because cancer care is should fall. Now that we are approaching an elec- tion, the Government is only too happy to extremely expensive and it would make much announce screening programmes but we will wait more sense to address the root causes of this to see what happens. problem by studying factors such as our lifestyles, The Irish Cancer Society states that we have air pollution, the quality of our water, the food reached a crisis point in terms of accident and we eat and the household pollution which arises emergency care due to a lack of bed capacity. We from the types of furniture and paint we use. The have also reached a crisis point with regard to evidence leaves me in no doubt these factors are intensive care beds. The society warns that unless resulting in an increase in cancer rates. This the Government takes action immediately, we Government will have to do a bit more joined up will face a serious crisis in cancer care. Unfortu- thinking on this issue. nately, those realities have been ignored. The We also should pay closer attention to the society is calling for equity in the availability, influence of the tobacco, alcohol and food indus- access and performance of cancer services tries instead of allowing reports to gather dust on throughout the country and the establishment of shelves, such as those by the task forces on four cancer care networks to cater for a popu- alcohol and obesity. These reports have not been lation of 1 million people each and incorporating implemented and it is unlikely they ever will eight licensed cancer care hospitals. It is also because no concerted action is being taken by this demanding the provision of integrated primary Government. The Minister of State can shake his care, which the Green Party advocates in the head but the consequences of alcohol consump- primary care document we published last Friday, tion in this country cost us \2.65 billion per along with better hospital care, palliative care and annum. With regard to health consequences, psychology and support services. cancer and a wide range of other illnesses result With regard to the money being allocated to from alcohol abuse. This Government kowtowed palliative care, Jane Bailey, who lives in Deputy to the alcohol industry. O’Shea’s constituency, has been in contact with the health spokespersons of the Opposition par- Mr. S. Power: We did not kowtow to them at ties to complain that the amount allocated and all. the way it is spent are pitiful. The Government should take responsibility for that failure. Mr. Gormley: The Government got rid of the The Irish Cancer Society is calling for a com- legislation it promised on alcohol products. prehensive health promotion and cancer preven- tion plan which would incorporate nationwide Mr. S. Power: When Deputy Gormley has a screening for certain cancers, where appropriate. good story, he has no regard for the truth. With regard to breast cancer screening, the society is adamant that the deadline of 2007 for Mr. Gormley: The alcohol products Bill was the full national roll-out of BreastCheck should shelved because the Government opted for a vol- be met, so all women in the country have access untary code. It is not dealing with the root causes to screening. The society supports the recom- of the problem, as usual. mendation that a national screening programme 1243 Cancer Services: 1 February 2007. Motion (Resumed) 1244

[Mr. Gormley.] against, which is a disgrace and a total indictment for colorectal cancer should be implemented. of both partners in Government. Cervical cancer screening is vital. On skin cancer, it recommends simple measures. Clearly children Mr. Morgan: I fully support this motion on the should not be allowed near sunbeds, which have vital issue of cancer services and I commend the become popular. It is ridiculous that some chil- Independent Deputies for tabling it. As the dren use sunbeds to get a tan before their First motion makes clear, we have a long way to go Holy Communion. The Government has ignored before cancer services are provided at the proper measures that could and should be taken. level in this State. Like the rest of the health Let us get the early years right. Let us go back system, cancer services suffered from historical to first principles and then let us invest in screen- neglect over decades by successive Governments. ing and preventive measures. In 2001 the rate of death from breast cancer in Ireland was higher than in any of the 15 pre- Mr. Ferris: Sinn Fe´in strongly supports the enlargement EU states. There were 31 deaths per motion. In common with the experience of all 100,000 Irish women compared with 24 for the other Deputies, there are numerous cases in my EU 15. At the same time this country’s incidence constituency that illustrate the problem people of breast cancer is below the EU average. This are having with services for cancer patients. All clearly suggests that cancers are not being Deputies have met families affected in this detected in time, are not being treated in time or regard. These families are under enormous press- are not being treated in an effective manner. ure primarily because of the lack of proper facili- I wish to outline the case of a constituent, who ties and care for their loved ones. In recent years like Deputy Ferris’s, had to endure very signifi- we have highlighted, for example, the difficulties cant hardship in the course of suffering cancer. women have getting access to the BreastCheck As with most people the complaint started with programme. It is a disgrace that it required a back pain and she attended her GP. A series of public campaign in Kerry to push for such a tests carried out locally, including blood tests and service to be made available. The co-ordinated ultra-sound, failed to diagnose the problem. efforts of the public, Sinn Fe´in members and acti- Finally, after the condition deteriorated — she vists along with Deputy Moynihan-Cronin col- was unable to eat and suffered significant weight lected thousands of signatures to a petition urging loss and severe pain — she was admitted to Louth the Minister for Health and Children to do some- County Hospital and then transferred to Our thing to deal with the issue. Lady of Lourdes Hospital in Drogheda. Follow- It takes too long for people to be seen and get ing further tests she was finally diagnosed with the results of their tests. Currently the average ovarian cancer. waiting time for women to get the results of cervi- Over the following months she attended the cal cancer tests is between four and nine months. oncology department at Our Lady of Lourdes In countries with national screening programmes, Hospital for a course of chemotherapy as an out- the average waiting time is just six weeks, which patient. In between treatment she regularly trav- makes a significant difference in reducing their elled from Dundalk to Our Lady of Lourdes anxiety and allows them to access the necessary Hospital for blood checks. She also attended the treatment if the test proves positive. It is evident oncology clinic in Our Lady of Lourdes Hospital, that suffering anxiety or stress as a result of an which involved long waits in a draughty corridor. ailment only accelerates the illness. It is vital that Considerable personal trauma was involved with such a programme is made available here. many other patients and staff going past. In this I recently encountered the case of an elderly long corridor very ill patients were queuing up for married man in his 60s. He and his wife were on critical treatment in a very degrading way. the minimum wage. He had worked all his life. When the chemotherapy treatment was fin- He had cancer and needed to travel to and from ished she was referred to St. Luke’s Hospital in Cork for chemotherapy. While their savings Dublin for a course of radiotherapy. She was also lasted, his wife was able to travel with him. referred to St. James’s Hospital, which she Unfortunately, their savings ran out and he was attended as an outpatient. As her condition then required to make the journey unaccompan- deteriorated further she was attending three ied, although very weak, to and from Cork to get different hospitals, Our Lady of Lourdes Hospital treatment. It took a public campaign backed by in Drogheda, and St. Luke’s and St. James’s in Sinn Fe´in for him to get funding to allow his wife Dublin. For some of these visits she left her home to travel with him. at 7 a.m. returning at 4 p.m. or later. This all hap- In Kerry South we had the disgraceful case of pened over a period of 18 months from diagnosis. a mother of five, whose husband had died of There did not appear to be a great deal of com- cancer a few weeks earlier. On one occasion she munication between the hospitals or the various had to be transported for treatment in the back doctors. There was no sign of a proper care plan. of a Hiace van because no proper transport was This is just one minor example of the trauma the available. These unfortunate medical card hold- people we represent must endure all too regu- ers, who do not have the money to get the neces- larly. That woman’s husband died nine weeks sary treatment, find themselves discriminated before her death from cancer. 1245 Cancer Services: 1 February 2007. Motion (Resumed) 1246

This is not surprising given the constituency a story behind each number, from the shock of from which I come. Diagnostic procedures seem discovery, the treatment and the disruption it can to take forever. Several hospitals are involved cause to families, to the hope of recovery which with fragmented and poor communication is realised for some. For other families, despite between many professionals and no sign of the treatment and care there is devastation following problem being resolved. In my constituency some a death. The “Big C” as it is often known as, is 25% of deaths result from cancer illness. We all no longer seen as the inevitable end, as it once wonder why that is the case. Unfortunately no was. Survival rates for all the major cancers are effort has been made by officialdom to try to improving in Ireland. It is important to make that establish the cause. Many of us have formed vol- point in discussing this sensitive issue. untary groups and are pursuing the matter in Cancer patients and their families recognise the whatever way we can. Unfortunately that will not impressive services being provided by doctors, get to the root of the problem. Meanwhile the nurses and support staff. We often hear cancer 25% of people whose deaths result from cancer patients lauding the professional standards of illness in County Louth invariably go through the care they receive and the caring approach of type of hardship I have outlined. It is time the health professionals. This is the case whether Government took the issue seriously. The people patients are at the curative stage of illness or of the State are entitled to proper care. I will not when cure can no longer be achieved. It is try to put a political slant on the issue. The Mini- important that this House recognises the cancer ster of State knows what we are saying is right. carers, whose numbers have increased substan- He has heard of cases from all sides of the House. tially in recent years, a reflection of the priority The issue has not been taken seriously by the and investment in cancer care. Government thus far. It is overdue that it did. I The organisation and delivery of cancer care commend the motion. will be an integral element of the current reform agenda. The Health Service Executive is pro- Minister of State at the Department of Health gressing the implementation of the national and Children (Mr. S. Power): The Government’s strategy for cancer control and establishing a amendment to the motion is based on recognition national cancer control programme to manage of achievements to date in cancer care, and the and deliver cancer control. This will involve the broad range of strategies we are implementing on integration of health promotion, screening, treat- health promotion, prevention, screening, treat- ment and supportive and palliative care services ment and supportive care. It is also based on the within a single governance structure. need to plan, reform and ensure we have sound, The programme will bring together major func- evidence-based policies for the short to medium tions in planning, needs assessment, prioritis- term. This is especially needed, as we will see a ation, resource allocation, workforce planning, doubling of cancer cases in the years ahead. My implementation of national guidelines and cancer colleagues, the Minister for Health and Children, care pathways. Patients interact with the cancer Deputy Harney, and the Minister of State at the control system at various stages, from screening Department of Health and Children, Deputy Tim and treatment to supportive and palliative care. O’Malley, have informed the House of the sub- They require seamless transition between these stantial increase in investment which has resulted stages, where services, regardless of setting, are in increased medical, nursing and support staff- organised and delivered around the patient. This ing. This investment has delivered real improve- is the basic organisational principle behind the ments in care. HSE’s reform. We need to achieve equity in the There are approximately 120,000 survivors of delivery of cancer care, regardless of where and cancer which reflects the improving diagnosis and how the patient interacts with our health system. more successful treatments for cancers generally. Deputy Boyle mentioned the National Cancer We have achieved the key goal of the 1996 Registry last night. The collection, evaluation and national cancer strategy, which was to reduce the application of timely and comprehensive cancer death rate from cancer in the under 65 age group control data is essential to support evidence- by 15%. This was achieved three years ahead of based planning and performance management. target. More than 100 additional consultants have For these reasons, the Minister has concluded been appointed in key areas of cancer care. There that it would be preferable for the functions of were almost 94,000 admissions for cancer care in the National Cancer Registry to form part of the 2005, an increase of nearly 70% over 1997. Just HSE’s national cancer control programme. The fewer than 58,000 people were treated for cancer Minister has allocated additional revenue funding as day cases in 2005, an increase of 130% over of \400,000 in 2007 to the National Cancer Regis- 1997. We ask this House to recognise these try, a 20% increase on last year’s allocation. This achievements. This request is not based on com- funding will be used to progress electronic data placency. It is founded on the reality that many capture, geocoding, the completion of a patterns more patients are being treated and our health of care study and to expedite registration in the system detects more cancers early. Dublin area. I am conscious as I quote these figures that Questions have been asked about future invest- they do not give the real picture because there is ment in cancer control. The Government has 1247 Cancer Services: 1 February 2007. Motion (Resumed) 1248

[Mr. S. Power.] equality of access to radiotherapy for those who invested heavily in cancer services and the House live a distance from large population centres. can be assured that we will invest substantially in The leaked memorandum from the HSE in cancer control in the coming years on the basis of December on the national plan for radiation the reform programme outlined. oncology states that neither the 2008 interim tar- The developments in cancer services which I gets nor the 2011 overall targets will be met. Non- have outlined today clearly indicate the consider- involvement of the HSE prior to announcement able progress that has been made in addressing and difficulties with public private partnerships is the burden of cancer in Ireland. I am glad of the the problem. The Minister disagrees but that is opportunity to put on record the substantial not good enough. We need a categoric assurance developments that have taken place to ensure the from her that neither of these issues will delay availability of high quality cancer services the programme and that a regional radiation nationally. That is what we all want. oncology service for the north west will be part of the health plan. Ms Harkin: I wish to share time with Deputies Healy, Gregory, McHugh and Cowley. Mr. Healy: I strongly support this motion. It Cancer screening saves lives. Cancer screening raises a sensitive issue which has touched most works. Cervical cancer is virtually 100% treatable families and many Members of this House in the if caught in time, yet all we have is a pilot prog- past few years. I was disappointed that the ramme that is now being evaluated. The only way Government tabled an amendment to this forward is to roll out a national cervical screening motion. I ask the Minister of State to be magnani- programme now. Colorectal cancer screening is mous and not to divide the House on such a sensi- also effective. A total of 900 people die of that tive issue. disease in Ireland each year. In the United Early detection and treatment is the key to suc- Kingdom the National Health Service is rolling cess in treating cancer. Unfortunately, many of out a screening programme and we need to follow our services are totally deficient in this area. that lead. There is a lack of cervical screening, breast scre- The women of the north west are still waiting ening has not been rolled out throughout the for BreastCheck. We were promised it in 2001, country, there is no colorectal or prostrate screen- 2003 and 2005, and today BreastCheck says it will ing and there are various other deficiencies in the service. We need someone of the calibre of the be delivered at the end of autumn 2007. We have late Noel Browne to take this issue by the scruff waited too long. of the neck and solve it by putting in place There is a need for a regional radiotherapy services and facilities to deal with it on a daily service in the north west. The former North and professional basis. Western Health Board recommended that we I thank all the staff involved in this area, from move towards the provision of radiotherapy hospitals to primary care and hospice care. They services, either within the board’s old area or a do an excellent job in difficult circumstances. larger north-west catchment area. Why will the There is also a major voluntary effort in this area Minister not give fair and equitable treatment to for which many people are to be thanked. It is patients who require radiotherapy in the north disgraceful that hospice home care nursing teams west? The combined population of Sligo, Leitrim, must be funded via voluntary efforts. Cancer suf- Donegal, Fermanagh, Tyrone and Derry is higher ferers need this basic service and it should be pro- than the critical mass needed to provide these vided by the State. Any voluntary services should services with best practice. provide something that is over and above comfort The Government is spending billions of euro for families and cancer sufferers. Basic services on cross-Border action so why will the Minister should be provided by the State. not include health infrastructure, particularly radiation services in that action? The Minister Mr. Gregory: This is an important motion, even announced in July 2005 that she would set up if all we, as Independent Deputies, achieve is to arrangements for patients in the north west to help to ensure, as Mr. McCormack, chief execu- travel to Belfast. Eighteen months later the tive of the Irish Cancer Society, stated, that a reality is that most people cannot avail of this momentum is reached and that plans for delivery service. We know that Belfast can cope only with of services are achieved now. We cannot undo the patients from Northern Ireland. It is unfair and neglect of successive Governments of this vital indeed cruel to give hope to people about the part of the health service. As Mr. McCormack provision of accessible radiation services and not also stated, cancer patients do not have a voice to deliver. and have been badly let down for too long. While we in the north west are well used to not In a modern and extremely affluent society, it getting our fair share, there is something essen- is unacceptable that people too vulnerable to tially wrong in a country where there is regional highlight their own suffering are obliged to cope inequality in health provision. This is the second with waiting lists for radiotherapy and travel long richest country in the European Union, with the distances for treatment. Waiting lists for prostate highest growth rate, and we will not provide and lung cancer in particular are intolerably long 1249 Cancer Services: 1 February 2007. Motion (Resumed) 1250 and must be addressed now. Equally intolerable The motion refers to the public private debate is that women are dying because we do not have that is under way at present. The motion is very a nationwide cervical screening programme. specific in this regard but, from a personal point These are not my words, they are the words of of view, I have no ideological hang-up, per se, the chief executive of the Irish Cancer Society. regarding public and private health care. My With proper screening, the number of deaths and judgment is based on what is best for patients. serious cancer conditions could be dramatically Ideology will not save people’s lives. However, reduced. It is a scandal that this has not hap- good standards, professionalism and good health pened. Nationwide cervical screening has been in management will do so. We would be better place in England since 1988 and in Canada since served by focusing on this area. 1960. Despite its great affluence, Ireland is still There is a clear onus on the Minister to launch nowhere near achieving that. an examination of management and the efficiency Equally important is the issue of inequality in thereof within the health service. Management our health services. The plight of public patients throughout the services has a great responsibility is highlighted by the plight of the Kilkenny for the weaknesses within the system. I put it to mother, Rosie. How many others on waiting lists the Minister that an assessment should be carried are suffering in the same way as the woman to out by an independent group to identify where whom I refer? This inequity permeates all sectors the weaknesses in the management structure lie. of the health service. The inequality of the two- It would not be beyond her capabilities to put tier health system is compounded by the fact that such an examination in place. While I agree that there is a far higher incidence of serious illnesses situations differ, I am aware that, for example, a such as cancer in disadvantaged communities, unit delivering a particular service in the east of most of the members of which are public patients. the country will have its practices and procedures These people have no voice to demand equality replicated in a similar unit in the west. Why is it of access to treatment. As long as the two-tier not possible to develop a best practice method of system exists, there will be tragedies such as that delivery for all services irrespective of where they involving Rosie and so many others who have are delivered? It is, of course, possible to do so no voice. but it is not being done. Accordingly, no one can be held to account for the failures in the system, Mr. McHugh: I welcome the opportunity to many of which have extremely serious con- speak on this important motion, which was tabled sequences. by the Independent members of the Technical Group. Much of the debate so far has been pessi- Dr. Cowley: The Independent Members mistic and has highlighted the many needs that brought forward a motion on this issue in 2003. exist in the context of the provision of health At that time, much reference was made to cancer care. There have, however, been some welcome care apartheid, which continues to exist in this developments. I refer to Galway as an example country. I salute Rosie for her bravery in coming in this regard. Long overdue but nonetheless very forward. Unfortunately, there are many others welcome developments have taken place there like her. The day must come when people receive and these will prove to be extremely beneficial equal access to services. The fact that they do not for Galway and the west. For a long period, a have such access is what is rotten about the health vigorous campaign was waged to have a service and about cancer services in particular. BreastCheck service established in the west. I There is one certainty, namely, if one has welcome the fact that the construction of the money and health insurance one will have a BreastCheck building is under way. Again, this better chance of survival. That is the reality with development is long overdue. I outline the which we must deal. The situation will get much situation in Galway not as a defender of Govern- worse, with the number of cancer cases predicted ment policy but merely as a statement of fact. to rise from 22,000 per year now to 43,000 by I urge the Minister to extend BreastCheck to 2020. cover women over the age of 65. This motion puts There are those who accuse Independent forward the importance of education in Deputies of being parochial and state that we are preventing cancers. The Minister referred to the single-issue candidates who do not take the support the Government is providing in respect national interest to heart. Our motion clearly of education provision in this area. However, I shows that this is not the case. Our work on cannot agree that the level of education is behalf of our constituents illustrates that we care adequate or that information is delivered in a and that we can make a difference for the better- fashion that is sufficiently aggressive. For ment of society as a whole. I will provide a example, diet is important and a balanced diet number of examples in this regard. can prevent many illnesses. However, the mess- While I serve the people of Mayo, I have age in this regard is not being put across in an initiated campaigns with people such as Jane Bai- aggressive manner. We were promised a national ley and some of my colleagues to ensure that diet and fitness programme specifically aimed at public cancer patients in the south east are not children. Again, however, this matter is not being obliged to make long journeys to access radio- treated as urgent. therapy. The situation in the region to which I 1251 Cancer Services: 1 February 2007. Motion (Resumed) 1252

[Dr. Cowley.] transit lounges similar to that set up in Mayo refer has improved, thanks to the efforts of those General Hospital. It is a case of their being out such as Independent Members. The position is of sight, out of mind. similar as regards radiotherapy centres in the The Intensive Care Society of Ireland stated mid-west region and Galway. last night that there are not enough intensive care My Independent colleagues and I have worked beds. A total of 3,000 beds were removed from hard on the Joint Committee on Health and Chil- the system. A similar number were promised, but dren to represent the needs of patients in the not delivered, under the national health strategy. north west who need access to a cancer unit, not The Taoiseach stated last night that these beds in Belfast but in Derry and Letterkenny. People are not needed. If that is the case, why the hell are opting to have mastectomies carried out did he promise them in the health strategy? rather than make the long and horrendous jour- Cancer care services have been massively ney to Belfast. underfunded. The position in respect of palliative The Minister, Deputy Harney, made excuses in care is disgraceful. Such care is left to charity. respect of our poor cancer services by stating that Across the country, service provision in this we are still playing catch-up as a result of the regard resembles a patchwork quilt. There are no failed economic policies of the past, but there was dedicated services in this area, which is not sufficient money to ensure that BreastCheck acceptable. services were rolled out to half of the population. The position is similar with regard to dedicated However, enough money has not been invested oncology services. To wait one month for a dedi- in the national cancer strategy, which, like the cated oncology bed is unacceptable. This year’s health strategy, the primary care strategy and budget for cancer treatment, \3.5 million, is every other strategy that might make a difference utterly disgraceful. Ireland is wallowing at the in people’s lives, remains underfunded. As bottom of the European league for cancer treat- already stated, BreastCheck services were rolled ment. The Independent Members introduced a out for half of the population following a decade motion on cancer treatment in 2003, yet the of research which showed that such services could situation has not changed. reduce the death rate by 20% to 30%. This is a According to the Government’s amendment, small island, but those in the North have a better “cancer survival is improving in Ireland for all of chance of survival than their counterparts in the the major cancers”. What good is that to Rosie South and that is a complete scandal. and the others who have died since then? What What sort of a half-baked proposal did the good is that to the 500 women from the west and Minister put forward in respect of cervical screen- south west who have died from breast cancer ing? She stated that it is based on an affordable since 2000? These women died from Government model. What is meant by the term “affordable neglect because it refused to provide the same model”? Does it mean more of the same? money it was prepared to put into cancer treat- BreastCheck was not rolled out to the entire ments in the east. country because the Government would not The Independent Members have given leader- spend money on the half of the population that ship and made a difference on this issue. They lives in the west and south. That is the reality. represent the people and started the campaign for Everyone who is diagnosed with cancer rep- the national roll-out of BreastCheck. The Inde- resents an emergency case. In Galway, it can take pendent Members encouraged other parties to up to a month before beds can be acquired for support this campaign and I am glad the Labour elective cases. This compares with cases involving Party and other Opposition parties did so. The private patients, in respect of whom beds can be death rate from cancer is in the doldrums. The made available within a day or two. Public cancer only way it will change is if the Government puts patients are obliged to go through accident and adequate funding in place. The Government pays emergency departments, even though they must lip-service to doctors and others in the health be seen at least once by consultant oncologists. service treating cancer patients. It would be more When they are seen, they must still queue for in its line to give the moneys needed to allow accident and emergency services. There are those doctors and nurses to bring Ireland up to cancer patients spread throughout the accident European standards. Why should Ireland, one of and emergency departments of our hospitals. the richest countries in the world, be at the bot- That is absolutely and utterly scandalous. People tom of the league? It is simply unacceptable. have been removed from trolleys and placed in Amendment put. 1253 Prisons Bill 2006: 1 February 2007. Second Stage 1254

The Da´il divided: Ta´, 67; Nı´l, 54.

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. Brennan, Seamus. McEllistrim, Thomas. Callanan, Joe. Martin, Michea´l. Callely, Ivor. Mulcahy, Michael. Carty, John. O´ Fearghaı´l, Sea´n. Cassidy, Donie. O’Connor, Charlie. Collins, Michael. O’Dea, Willie. Cooper-Flynn, Beverley. O’Donnell, Liz. Cregan, John. O’Donoghue, John. Cullen, Martin. O’Donovan, Denis. Curran, John. O’Flynn, Noel. Davern, Noel. O’Keeffe, Batt. Dennehy, John. O’Keeffe, Ned. Devins, Jimmy. O’Malley, Fiona. Ellis, John. O’Malley, Tim. Fahey, Frank. Parlon, Tom. Finneran, Michael. Power, Peter. Fitzpatrick, Dermot. Power, Sea´n. Fleming, Sea´n. Roche, Dick. Gallagher, Pat The Cope. Sexton, Mae. Glennon, Jim. Smith, Brendan. Grealish, Noel. Smith, Michael. Hanafin, Mary. Wallace, Mary. Harney, Mary. Walsh, Joe. Haughey, Sea´n. Wilkinson, Ollie. Hoctor, Ma´ire. Woods, Michael. Jacob, Joe. Wright, G. V. Keaveney, Cecilia.

Nı´l

Breen, James. McGrath, Finian. Broughan, Thomas P. McHugh, Paddy. Bruton, Richard. McManus, Liz. Burton, Joan. Mitchell, Olivia. Connaughton, Paul. Morgan, Arthur. Connolly, Paudge. Moynihan-Cronin, Breeda. Cowley, Jerry. Murphy, Catherine. Crawford, Seymour. Murphy, Gerard. Crowe, Sea´n. O´ Caola´in, Caoimhghı´n. Cuffe, Ciara´n. O´ Snodaigh, Aengus. Deenihan, Jimmy. O’Dowd, Fergus. English, Damien. O’Keeffe, Jim. Enright, Olwyn. O’Shea, Brian. Ferris, Martin. O’Sullivan, Jan. Gilmore, Eamon. Pattison, Seamus. Gogarty, Paul. Quinn, Ruairı´. Gormley, John. Rabbitte, Pat. Gregory, Tony. Ring, Michael. Harkin, Marian. Ryan, Eamon. Healy, Seamus. Ryan, Sea´n. Higgins, Joe. Shortall, Ro´ isı´n. Higgins, Michael D. Stagg, Emmet. Howlin, Brendan. Stanton, David. Kehoe, Paul. Timmins, Billy. Lynch, Kathleen. Twomey, Liam. McCormack, Padraic. Upton, Mary. McGinley, Dinny. Wall, Jack.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies Gregory and McHugh.

Amendment declared carried. Prisons Bill 2006 [Seanad]: Second Stage. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I move: “That the Motion, as amended, put and declared carried. Bill be now read a Second Time.” 1255 Prisons Bill 2006: 1 February 2007. Second Stage 1256

[Mr. McDowell.] ordinated, consistent national approach to elimin- I am pleased to present the Prisons Bill 2006, ating the supply of drugs into prison as well as which completed its passage through the Seanad ensuring appropriate treatment is available to on 5 December 2006. It deals with a range of prisoners to help them conquer their addiction. issues relating to prisons and prisoners and its A major prisons building and refurbishment purpose is manifold. It provides for video confer- programme to improve facilities for prisoners, encing of certain non-trial court hearings; the including the elimination of the practice of slop- placing of the Office of the Inspector of Prisons ping out, the reduction of overcrowding and the on a statutory footing; planning provisions for use of the notorious padded cells and to facilitate major prison developments and the closure of a more cost-effective operation of the service, has Mountjoy Prison; issues which may be included been ongoing. The extensive site at Thornton, in prison rules, including mandatory drug testing; County Dublin, has been purchased for the pro- a basis in primary legislation for revised dis- vision of a new prison complex to replace the ciplinary procedures applicable to prisoners, existing prisons on the Mountjoy campus and including appeals; the possibility of outsourcing planning is under way for development of a new prisoner escort services; a statutory basis for prison to replace Cork Prison. These are major charging prisoners for certain optional services; undertakings involving replacement of approxi- and the exclusion of non-commercial work from mately 40% of the entire prison estate. the National Minimum Wage Act 2000. The replacement prisons for Mountjoy Prison This Bill replaces and supplements the Prisons and Cork Prison will provide decent, hygienic Bill 2005, which was withdrawn from the Order conditions for prisoners in line with modern-day Paper following the publication of this Bill. The standards. The new facilities will allow for the much more limited aims of the 2005 Bill included provision of a full range of work, training, edu- outsourcing prisoner escort services, providing cational, psychological and medical services for for the video conferencing of certain pre-trial inmates as well as predominantly single-cell court hearings and providing for the closure of accommodation with proper in-cell sanitation Mountjoy Prison. As time progressed, it became facilities and general conditions conducive to increasingly clear that the other prison-related rehabilitation. issues to which I referred needed to be addressed and that a prisons Bill would be the best place to New additional prison accommodation is also do so. As the inclusion of such measures would in the process of being provided at Loughan have necessitated significant amendments to the House, Shelton Abbey, Castlerea, Wheatfield 2005 Bill, I considered it easier and more straight- and Portlaoise. In addition, the programme of forward for all parties to the process to republish work to install safety observation cells and closed the Bill. I thus withdrew the Prisons Bill 2005 and supervision cells was undertaken in 2005 and republished it with the additional necessary pro- completed in 2006 following my commitment to visions, resulting in more comprehensive abolish the use of the notorious old-style padded legislation. cells in our prisons. These measures all represent As I stated on many occasions since becoming further steps along the road to improving and Minister for Justice, Equality and Law Reform in modernising our prison system but there is a lot June 2002, I am committed to introducing more to be done. measures to reform and modernise Turning to the Bill, Part 1, encompassing 1 o’clock the prison system. Numerous signifi- sections 1 to 3, contains standard provisions, cant changes to the system have been including the Short Title, commencement and introduced or are in the process of being intro- expenses provisions and the definitions of key duced. A comprehensive proposal for organis- terms used in the Bill. Part 2, which covers ational change in the Prison Service was accepted sections 4 to 10, deals with prisoner escort in a second ballot of members of the Prison services. When the 2005 Bill was published it Officers Association in August 2005. The appeared that proposals for organisational arrangements agreed in the revised proposal rep- change within our prisons would be rejected by resent one of the most significant change prog- prison officers. In those circumstances, I would rammes undertaken in the public service in recent have had no choice but to contract out the pris- years, opening the way for greater flexibility, oner escort service in the interests of providing a efficiency and cost effectiveness in every oper- cost-effective service, hence the inclusion of such ational area of the State’s prisons. The new provisions in that Bill. Since then an organis- additional hours system replaced the existing ational change programme has been agreed with overtime system and effectively caps the level of the Prison Officers Association. One of the main extra attendance costs in the Prison Service. Suc- elements in that agreement was the establishment cessful implementation of these measures is of a co-ordinated prisoner escort system operated delivering savings to the Exchequer of up to \25 by officers within the Prison Service. The prison million per annum. service escort corps was set up towards the end I also published a drugs policy and strategy for of 2005. It has a staffing complement of 143 and the Irish Prison Service in May 2006. This we currently have a fleet of 35 specialised cellular strategy provides, for the first time, a co- vehicles. While the main business of the service 1257 Prisons Bill 2006: 1 February 2007. Second Stage 1258 is providing prisoner escorts to the courts, it also tificate issued under this section or has a forged covers inter-prison and hospital escorts. or altered certificate in his or her possession. I am pleased to tell the House that the level of Section 7 deals with the revocation of a certifi- coverage provided by the escort corps for court cate. The Minister may revoke a certificate if the escorts currently stands at 94% of transactions conditions previously referred to are not met by involving the movement of prisoners. That means the certificate-holder. Such revocation must be 94% of prisoner movements are done in this way notified to the relevant parties in writing. Pro- rather than by gardaı´ etc., which was much more vision is made for a prisoner custody officer to prevalent in the past. In staffing terms, the escort appeal the revocation to the Circuit Court. There corps operates on average more than 33% more is also provision for penalties should a person efficiently on court escorts than the previous whose certificate is revoked continue to work as overtime-based operating system. The House will a prisoner custody officer and for persons who agree that tremendous progress has been made in continue in this role when directed not to do so a short period from introducing this service from pending a final decision on the revocation. The scratch in one year. As long as the service con- section also provides for a complaint mechanism tinues to operate efficiently and in cost-effective concerning the conduct of a prisoner custody terms, there is no need, nor do I have the desire, officer. to contract out the service. However, to ensure I Section 8 outlines the functions of a prisoner or any successor of mine is never left in a custody officer. Any powers conferred on a situation where there would be glitches in the prison officer under such an enactment shall also provision of this service, it is important there is apply to a prisoner custody officer while he or she legislative provision for the contracting out of a is escorting a prisoner. In particular, the prisoner prison escort service and I make such provision custody officer shall have the power to search a here. It is my intention not to commence this part prisoner and remove any prohibited articles and I hope such glitches and circumstances never found during such a search. The section goes on exist requiring it to be brought into force. to provide that only a prisoner’s outer clothing However, it should be in place as a reserve may be removed unless the prisoner custody position. officer has reasonable grounds for believing that To summarise Part 2 briefly, section 4 provides a prohibited article has been concealed beneath definitions of terms used in this part. Section 5 the prisoner’s clothing. A search cannot take provides that the Minister, with Government place in public view and a prisoner custody officer approval and the consent of the Minister for Fin- ance, may enter into an agreement for the pro- may only search prisoners of his or her gender. vision of escort services. While it has been sug- The section goes on to list the duties of a prisoner gested that the Oireachtas should approve such custody officer, namely, to prevent a prisoner’s an agreement, the legal advice I have received is escape, to prevent a prisoner committing an that a decision of this nature is a function of the offence, to ensure a prisoner behaves in an Government and decisions on the provision of orderly fashion and to comply with any court services generally have traditionally been made order relating to a prisoner. The prisoner custody by Government. The section further provides for officer must also give to the governor of a prison the termination of such an agreement if the con- any court document relating to the prisoner’s tractor fails to comply with any of the provisions committal to prison, including any medication, of an agreement and outlines the role of a pris- prescriptions, or information about the prisoner’s oner escort service. health of which the prisoner custody officer is Section 6 provides for the certification of pris- aware. oner custody officers who will provide the pris- Section 9 prohibits unauthorised disclosure of oner escort service. Any person may apply to the information relating to a prisoner by a prisoner Minister for a certificate that he or she is, in the custody officer and provides for penalties for so Minister’s view, a suitable person to perform the doing. Section 10 provides for the Minister to functions of a prisoner custody officer. Any appli- appoint a person to monitor the performance of cation must include the relevant fee and any a contractor under this part. This person shall requested documentation and further infor- submit an annual report to the Minister on the mation required by the Minister in order to make performance of the contractor and has the power a decision. The section goes on to outline the to enter the contractor’s offices at any reasonable criteria to be met before the Minister may issue time and inspect and take copies of any docu- a certificate and the conditions under which the ments found in the course of an inspection. person holds such a certificate, including that he Part 3, covering sections 11 to 16, relates to or she must comply with any prison rules relating prison discipline. The provisions in this part are to the treatment of prisoners in custody. Pro- new to the 2006 Bill and include the establish- vision is also made for an applicant to appeal the ment of an appeals mechanism against dis- refusal of a certificate to the Circuit Court and for ciplinary sanctions imposed within a prison. penalties if an applicant, knowingly or recklessly, Prison discipline has until now been governed by provides false or misleading information in an the prison rules but the view now taken is that as application, or if a person forges, or alters a cer- disciplinary measures have significant impli- 1259 Prisons Bill 2006: 1 February 2007. Second Stage 1260

[Mr. McDowell.] judicial nature to review loss of remission for pris- cations for prisoners, it is more appropriate to oners. It provides that a prisoner who has had have such measures set out in primary legislation. remission of a portion of his or her sentence for- Section 11 defines terms as used in this part. feited may appeal the finding or sanction, via the Section 12 provides for an inquiry to be held by governor, to an appeal tribunal. The appeal tri- a prison governor if a prisoner is alleged to have bunal may invite written submissions from the committed a breach of discipline and provides prisoner and governor and shall notify the pris- that the procedures for such an inquiry may be oner of the date and time of the hearing. The set out in prison rules. The prisoner must be prisoner may attend the hearing and may have informed of the date and time of the inquiry and legal advice or representation for the purposes of the procedure to be followed at an inquiry may the hearing. The section further provides that the be laid down in prison rules. The section goes on tribunal may uphold or quash the original finding to provide that, following such an inquiry, the and may affirm, vary or quash the original sanc- governor may impose a sanction and record the tion applied. Decisions of an appeal tribunal shall finding and the sanction, or record a finding that be published in accordance with arrangements the allegation was not substantiated. specified in the prison rules. Section 13 lists the sanctions that may be Section 16 goes on to lay down the powers of imposed. Section 13(1)(d)(ii) was amended in the an appeal tribunal. An appeal tribunal shall con- Seanad to include members of visiting commit- sist of a member, who shall be a practising barris- tees in the list of persons who may visit a prisoner ter or solicitor of at least seven years’ standing, despite the imposition of a prohibition on visitors appointed by the Minister. The terms and con- in general. I also brought forward an amendment ditions of the member’s appointment, including in the other House to widen the previous refer- remuneration, are determined by the Minister ence to visits from a doctor to include visits for with the consent of the Minister for Finance. A the purpose of giving medical advice or treatment member may resign at any time or be removed on a broader scale. In light of concerns expressed by the Minister for stated reasons. A tribunal may in the other House as to whether the current ter- determine its own procedure subject to the terms minology includes persons who give psychological of this Bill and directions given by the Minister treatment, I propose to amend the wording in the interests of securing consistency of pro- further on Committee Stage to provide that visits cedures in relation to appeals. A tribunal shall be from a doctor or other health-care personnel are independent in its functions. not prohibited. Part 4 of the Bill, sections 17 to 29 inclusive, Section 13(1)(g) was also amended in the relates to planning procedures in connection with Seanad, as I believed the meaning was somewhat the construction of new prisons and the extension unclear. The section now makes clear that gratu- of existing prisons. These provisions are again ities may be denied for a specified period but not new and did not feature in the 2005 Bill. Section forfeited. Section 13 also provides that a sanction 17 provides definitions and section 18 provides may be suspended subject to conditions, in whole that this Part shall only apply if the Minister so or in part, for a period not exceeding three directs. I am conscious that large prison devel- months and, following this period, the sanction opments can be a cause of great controversy. For may take effect or be abated, or, if the relevant that reason I do not wish, as a general rule where condition has been complied with, the sanction largescale prison developments are involved, to may be lifted. The section goes on to provide that take advantage of the planning arrangements the governor may restore any remission for good provided for in Part 9 of the Planning and conduct forfeited by a prisoner if such restoration Development Regulations of 2001, which permit is justified by the prisoner’s good behaviour. the exemption of prisons and places of detention Sanctions which may not be imposed are also from the normal planning regime. On the other listed. They include, among other things, corporal hand, the development of a major prison facility punishment, collective punishment, sensory is a matter of national importance and not appro- deprivation or deprivation of food, drink or sleep priate to a local or regional-orientated planning or any sanction that would constitute cruel, inhu- approval system in the conventional sense. There mane or degrading treatment. Subsection 13(8) is a need for the issue to be addressed at national has been added by means of an amendment in level and therefore in the interests of democracy the Seanad, as it was rightly pointed out that the I am providing the opportunity for both Houses Bill had omitted to specify that the prisoner must of the Oireachtas to have an input into the be informed of his or her right to appeal a process. sanction. Section 19 deals with what is called an environ- Under section 14, a prisoner on whom a sanc- mental impact assessment, or EIA. An EIA shall tion is imposed may make a petition to the Mini- be prepared before a development is commenced ster on the finding or the sanction, and the Mini- and shall contain a description of the proposed ster, following consultation with the governor, development as well as any significant effects it may affirm, alter, suspend or revoke the sanction might have on the environment, including natural imposed. Section 15 for the first time introduces resources, architectural, archaeological and cul- an independent appeals mechanism of a quasi- tural heritage and expected emissions. The assess- 1261 Prisons Bill 2006: 1 February 2007. Second Stage 1262 ment must also contain an outline of the main ation. Again, submissions may be made in alternatives that were considered as well as the relation to the revised proposal and submitted to main reasons for choosing the development. It the rapporteur, who shall prepare a supplemen- will estimate possible residues and emissions dur- tary report on the basis of the submissions ing and after construction and will also describe received and this report shall also be published. any measures used to reduce, avoid or offset sig- Section 25 provides that the Minister, having nificant adverse affects. The section also provides considered the EIA, the rapporteur’s report and that a visual representation of the exterior of the any supplementary EIA and report, may make completed development shall be prepared. The further alterations to the development and may House will appreciate that detailed plans of every proceed or decide not to do so. Under section prison cell, giving the thickness of every wall, will 26, if the Minister decides to proceed with the not be published. That would be foolish. development, he shall move a draft resolution approving the development in both Houses of the Mr. Howlin: That would be very useful Oireachtas. This resolution must contain a information. description of the development, a statement that an EIA, and supplementary EIA, where applic- Mr. McDowell: It might be useful to people able, has been prepared, the measures taken to who should not have it. invite observations from the public, the main Section 20 provides that on receipt of the measures taken to avoid, reduce or offset any sig- environmental impact assessment and the visual nificant adverse effects and a drawing or visual representation of the development, the Minister representation of the exterior. The resolution shall give notice of the proposed development to must also specify any conditions with which the the planning authorities in the relevant area. developer must comply. Before moving the resol- Members of the public shall be informed of the ution, documents must be laid before the Houses development by means of placing a notice on the of the Oireachtas, including a statement of the site and in a national and local newspaper. Fur- location, purpose and size of the proposed thermore, the Minister for the Environment, development, its land-use requirements during Heritage and Local Government shall be construction and operation and any estimated informed, as shall the Minister for Communi- residues or emissions. The EIA, and any sup- cations, Marine and Natural Resources if the plementary EIA, a visual representation of the development is adjacent to the foreshore, and the exterior and the rapporteur’s report and sup- relevant authority in another country if the plementary report, if applicable, must also be laid development is likely to have significant adverse before the Houses. If the draft resolution is effects on that country’s environment. That is approved and confirmed by an Act of the required by European law but is unlikely to affect Oireachtas the Minister may proceed with the an Irish prison. development. The Act intended here is a very Following an amendment tabled in the Seanad, brief confirmatory Act, perhaps of only one or I have now also provided in this section for a copy two sections. A good example of such an Act is of the notice to be laid before the Houses of the the restrictive practices regime which existed in Oireachtas. Section 21 lays out what must be con- the past. Restrictive practices Acts prescribed tained in the notices I have just referred to and reports by examiners and the like. The examiner’s section 22 provides that the environmental report was frequently published, the Minister impact assessment and the visual representation published a draft order to implement the exam- must be made available to any interested party in iner’s report and it did not have effect until a written form or electronically. Under section 23 short two section Bill confirming it was passed by the Minister shall appoint a rapporteur to receive both Houses of the Oireachtas to give it the effect submissions relating to the proposed develop- of law. ment and the rapporteur shall prepare a report Section 27 provides that any questioning of an which shall summarise the submissions received act done under this Part must be by way of an and identify the main issues raised. It is not application to the High Court. Section 28 deals intended that the rapporteur would evaluate the with exemptions relating to the development in submissions or make recommendations to the terms of planning permission and requirements Minister. The report of the rapporteur shall also set out in other legislation. This section also pro- be published. vides that if a national monument is found on the Section 24 deals with a situation where the site, no further work may be undertaken, except Minister, on foot of the rapporteur’s report, to preserve the monument, without direction decides to alter the proposed development. In from the Minister for the Environment, Heritage this case the Minister shall cause an amended and Local Government in consultation with the description of the development to be prepared, Director of the National Museum. Section 29 pro- as well as a supplementary environmental impact hibits the disclosure of any information concern- assessment and an amended visual representation ing design or construction which is likely to preju- of the exterior, if material alterations are made to dice the security of a new or extended prison. the exterior. The persons and bodies specified in Part 5, encompassing sections 30, 31 and 32, section 20 shall be notified of any proposed alter- provides for the establishment of an office of 1263 Prisons Bill 2006: 1 February 2007. Second Stage 1264

[Mr. McDowell.] Section 33 applies to the applications to court inspector of prisons on a statutory basis. This is where the accused or person convicted is in also new. Section 30 provides that the Minister prison, where the application is being made by may appoint an inspector of prisons, who shall either the DPP or a prisoner and where the pris- hold office on terms determined by the Minister oner is legally represented or has obtained or in consultation with the Minister for Finance. The been given the opportunity to obtain legal advice. inspector may at any time resign from office or In these circumstances, the application may be be removed by the Minister for stated reasons. heard without the prisoner being present — that An appointment shall be for a term of not longer is, by video link — if the court is satisfied that than five years and the inspector is independent the use of video link would not be unfair to the in the performance of his or her functions. prisoner, if the interests of justice do not require Section 31 lays out the duties of the inspector of the prisoner’s presence at the hearing and if the prisons. He or she shall carry out regular inspec- video link facilities allow the prisoner to partici- tions of prisons, may enter any part of a prison at pate in the hearing, allow the court to see and any time, obtain copies of any records kept there hear the prisoner and allow the prisoner to con- and report to the Director General of the Prison sult privately with his or her legal representative Service or the Minister as appropriate with regard during the hearing. When the court is making the to any issues of concern. The inspector may, and decision as to whether the application to court shall if requested by the Minister, investigate any may be heard by way of video link, it must have matter relating to the management or operation regard to the nature of the application, how com- of a prison and shall submit a report to the Mini- plex the hearing is likely to be, and the prisoner’s ster on such an investigation, which shall be laid age and mental and physical capacity. An appli- before the Houses of the Oireachtas as soon as cation for the hearing to be heard by means of practicable. The section further provides that the video link may be made either by or on behalf of Minister may omit matters from the report if dis- the prisoner or the DPP, and if the application is closure would be prejudicial to the security of the refused, the court must state its reasons for that prison or the State and may also omit matters decision. A direction under this section may be from the report, after consultation with the Sec- revoked at any time, whether on application or not. retary General to the Government, if disclosure of such matters would be contrary to the public Section 34 applies the provisions of section 33 to children in remand centres or detention interest or would infringe the constitutional rights schools and following the tabling of amendments of any person. The section goes on to clarify that in the Seanad, I have now also provided for this it is not the inspector’s role to investigate com- section to apply to a designated centre within the plaints from individual prisoners although, fol- meaning of the Criminal Law (Insanity) Act 2006 lowing my acceptance of an amendment in the when the Minister for Health and Children, fol- Seanad, he or she shall now have the power to lowing consultation with the Minister for Justice, investigate the circumstances surrounding a com- Equality and Law Reform, so directs. plaint by a prisoner. Any request from the inspec- Section 35 deals with the making of prison rules tor for information must be complied with by by the Minister. It builds on the power to make prison staff in so far as is reasonably practicable. such rules provided for in section 19 of the Crimi- Section 32 provides for the inspector of prisons nal Justice (Miscellaneous Provisions) Act 1997. to submit an annual report to the Minister on any In addition to the range of issues provided for in prison inspected in the year in question. The the 1997 Act, provision is also made here for test- report shall deal with the general management of ing prisoners for intoxicants, including alcohol the prison, the general health and welfare of the and drugs, and for the publication of decisions prisoners, the general conduct of staff, com- of an appeal tribunal in respect of forfeiture of pliance with set standards, facilities available, remission of portion of sentence. security and discipline. Each report shall be laid The existing prison rules date back to 1947. I before the Houses of the Oireachtas as soon as published comprehensive new draft prison rules practicable and shall be published. in June 2005, which are on my Department’s web- Part 6 of the Bill contains a range of mis- site. The intention in publishing draft prison rules cellaneous provisions. Section 33 deals with the was to give people an opportunity to submit hearing of applications to court by means of vide- observations on them. One issue that has been olink. This featured in section 11 of the 2005 Bill. raised is that the rules relating to prison discipline However, following receipt of the final report of in particular should have a strong grounding in the committee on video conferencing, chaired by primary legislation. As Members can see, I have Mrs. Justice Susan Denham, the range of circum- taken that view on board. As soon as this Bill is stances in which video conferencing might best be enacted, it is my intention to sign the draft rules, used without the accused being physically present with some amendments, into law. in the court has been expanded from the limit of Section 36 amends the National Minimum pretrial hearings provided for in the 2005 Bill to Wage Act 2000 to ensure that payment of the the range of non-trial hearings specified in sub- minimum wage is not applicable to prisoners section (11). undertaking non-commercial work within a 1265 Prisons Bill 2006: 1 February 2007. Second Stage 1266 prison, including cleaning, training or work to be closed. The previous legislation enacted in experience and charity work. There is a practice 1933 stated that the Minister could, by regulation, within prison regimes to give what amounts to close any prison with the exception of Mountjoy. pocket money to prisoners who carry out certain This must be amended to facilitate Mountjoy’s tasks within the prison system, rather than to replacement. Section 19 of the Criminal Justice leave them completely without remuneration. (Miscellaneous Provisions) Act of 1997 is also Surprisingly, the issue arose that this might in being repealed. This section dealt with the mak- some way constitute an infringement of the ing of prison rules, which is now being restated, National Minimum Wage Act. It is not meant to with additions, in the current Bill. Section 42 is a be regular employment and prisoners who engage standard regulation-making provision. in work for pocket money within prisons are not This Bill continues the programme of prison being exploited. Therefore, in these circum- reform that I commenced. The Government is stances, it is appropriate that the Act should not changing how prisons are run, work practices apply. within them, their locations, and, very Section 37 deals with payment by prisoners for importantly, what is achieved by sending people requested services and provides that provision to prison. While I have stated previously that may be made for payment for special goods and imprisonment should be seen as a last option, it services including telephone calls, private medical remains a necessary one. This is true in all societ- treatment and escorts outside the prisons for ies which provide for the rule of law. However, matters that are not generally available without there is no reason for prisons and prison practices charge to prisoners. I envisaged instances not to be of the highest standard. Since my whereby a prisoner who decides to undergo appointment as Minister, it has been most extensive cosmetic dental work or something depressing to see some of the institutions. While similar can be accommodated through the system the staff work hard and the prisoners themselves although ordinarily it would not be the entitle- do their best to make their own circumstances ment of the prisoner to have this done as part of humane, we have done little to live up to our obli- the prison’s dental service. There are other, gation to the entire principle of education and similar instances. A prisoner who wants to tele- rehabilitation within the prison system. phone Hong Kong for a particular reason can pay While prisons must be secure, they should also for the privilege. The taxpayer is not obliged to be modern places that do not dehumanise pris- state either that it will be done for free or that it oners. The building of a new prison at the cannot be done at all. However, any charges lev- Thornton Hall site and, hopefully, in north Cork ied may not exceed the cost of the provision of will be a major step in this regard. I look forward the goods or services. to hearing Members’ comments on the Bill and Section 38 provides for absences from prison to a more detailed debate on Committee Stage on certain grounds. Under this section, the Mini- and I commend the Bill to the House. ster may order that a prisoner be taken to a speci- fied person or place for a specified purpose and Mr. J. O’Keeffe: Unfortunately, it is quite rare time and be returned to the prison thereafter. for Members to have an opportunity to have a Such leave may be granted on compassionate proper debate on prison conditions and on the grounds, to assess or facilitate a prisoner’s re-inte- Prison Service. That said, Members must con- gration into society or for the purpose of assist- front the stark reality of the current situation, ance in the investigation of an offence. If, during namely, that Ireland’s prison system is failing. that period, the prisoner is not of good behaviour This system produces a recidivism rate of more or causes a breach of the peace or attempts to than 75%. A recent study by the Institute of escape, he or she shall be returned to prison Criminology, University College Dublin, showed immediately. Section 39 provides that a prisoner the shocking reality. One out of four prisoners in the custody of a garda, a prison officer or a released from prison in Ireland today will be back prisoner custody officer is thereby in lawful behind bars by the end of January next year. custody. Three out of four will be back within four years. Section 40 contains technical provisions and In many ways, it is a massive understatement to amends references to Prisons Acts in various observe that the prison system is failing. enactments to also include this Act. The defini- However, this is not the biggest problem. The tion of prison officer is also amended in certain main problem is that significant numbers of legislation to ensure the definition encompasses people are being sent to prison. In 2005, nearly prisoner custody officers. Section 41 of the Bill 9,000 people were committed to prison in Ireland. will repeal certain provisions in other legislation, A significant number of such committals involved including a provision relating to visiting commit- people who should not be there. Many involved tees, as some functions of visiting committees will people who committed minor offences that could now be encompassed by the appeal tribunals. be dealt with using a wide variety of other The repeal of section 1(2) of the Prisons Act sanctions. 1933, previously provided for in section 8 of the I will state my basic position in respect of 2005 Act, has the effect of providing a statutory prisons. There are hardened, serious criminals in power on the Minister to enable Mountjoy Prison our society who must be sent to prison and who 1267 Prisons Bill 2006: 1 February 2007. Second Stage 1268

[Mr. J. O’Keeffe.] takes Valium within the prison and how he is must be shown that their activities will not be tol- smoking other illegal substances in his cell. Based erated. I have no compunction, whether in on this letter, the greatest sanction he faces for Government or in Opposition, in authorising or this behaviour is to have the television tempor- supporting their incarceration, from the perspec- arily removed from his cell. This individual is at tive of the protection of the public. There are also the coalface and it is worth quoting parts of this significant numbers of people being sent to jail letter. He wrote: “The governor said to me that for non payment of fines, or debt in some if I don’t pick up hash out in the yard he would instances, for being drunk and disorderly or mis- let me out in two weeks, but stupid me goes out behaving at an incidental level. Wherever pos- in the yard and starts picking up. And I went in sible, these people should be diverted from the the next morning to the governor over picking up prison system into alternative systems. There is a and he took my telly off me for two weeks.” This bounden duty on those of us who are analysing seems to be common practice. He continues — I and considering the prison system to make that will omit some of the more colourful language: clear divide. Let us put into prison those who “So I’m in my cell for two weeks without a telly should be there and keep them there are long as ... I am sitting here listening to Bob Marley, flak- is necessary. However, the corollary of that is that ing out with a nice spliff in me mouth.” we should keep out of prison those who should He then goes on to describe what he is going not be there. to do when released. This is what I mean when I Members will be aware that I recently pub- discuss rehabilitation. “I’m in 12 months now and lished the Enforcement of Court Orders Bill 2007 I tell you I won’t be robbing cars that’s for sure. on this subject. This would treat one aspect of this When I get out I’m going to get a bit of coke and problem by allowing the courts to make attach- go down to [placename] and sell it. [Two friends] ment of earning or welfare orders to ensure that went down one night and made \1,300 on E30 court-ordered fines were paid, thereby keeping bags.” The “E” is presumably a reference to people who might otherwise end up in jail out Ecstasy. of the prison system. With modern technology, I believe this approach is now possible. There may Mr. McDowell: It was very decent of him to tell have been difficulties with such a system in the his plans to the censor. past, but by utilising modern technology this system could readily and easily be made work. It would give the benefit of fines being paid by Mr. J. O’Keeffe: That is what intrigued me. It order while simultaneously saving the taxpayer is stamped as having gone through the censor’s the cost of imprisoning defaulters. It would have office. It is interesting as it is a hands-on account the additional benefit of not exposing people, of what is happening in St. Patrick’s Institution, who in most instances are not criminals, to con- and even worse is the already clear intent of what tact with hardened criminals. he will do when he is released. How can we poss- Our prisons have been described by many as ibly expect the prison system to work if that is universities of crime and we must take that how things are operated? seriously. I am advised that in many instances The example from my letter can probably be those sent to prison either learn new ways to multiplied a thousand times for all the inmates break the law or pass on old tricks to new that have passed through St. Patrick’s. However, inmates. Surely this is another reason we should it shows what can happen when the most focus on keeping people who should not be there impressionable and vulnerable section of the out of prison. This is particularly true of young prison population are being treated — or not offenders. Our young offenders’ institutions leave treated — like this. How can the Minister expect a lot to be desired. In many instances the same crime to decrease when this is happening right methods are applied to juvenile prisoners as are under the noses of the prison authorities? applied to adults. I am not satisfied that adequate What will happen here? I predict that the efforts are made to rehabilitate young offenders, young man who wrote this letter will be back in even though they are at a formative stage in their prison, but not before he ruins many more young lives. I do not think there is sufficient political lives with drugs, as he already plans to do, direction, and sufficient resources are not being encourages more drug-related crime and contrib- provided to achieve that outcome. In some cases utes further to the criminal and gangland no incentive is being given to young offenders — elements that are running amok in this country. children — to mend their ways or change their This reinforces the case for looking for new habits once released. ways to deal with crime. Locking them up and I am aware of some of the practices that are throwing away the key is not the answer in all being handed down in St. Patrick’s Institution. I instances. Of course, there will be some who are have in my possession a letter from an inmate in beyond rehabilitation and will not respond to St. Patrick’s sent to a friend on the outside in schemes or intervention programmes. However, 2005; it is stamped and approved by the censor’s there will be some who will benefit and break the office. It contains detailed descriptions of how he cycle of crime and become functioning members picks up drugs inside the prison grounds, how he of society. 1269 Prisons Bill 2006: 1 February 2007. Second Stage 1270

I have in my possession an e-mail from an ex- The Minister probably sees a gleam in my eye prisoner who undertook an education course in when I mention the \30 million which has gone prison. He was imprisoned in July 2002 and spent down the drain on a place worth between \5 mil- four years in prison. During that time he under- lion and \6 million, and that is not the only took educational courses and was accepted to example of the Minister’s profligate approach. I Trinity College Dublin. While I know that warned at the time that access to Thornton Hall Members must be careful in dealing with pris- was dreadful and that it would not qualify as suit- oners and ex-prisoners nowadays, he wrote to me able by any criteria. I gather the Minister has because the Department of Education and taken his cheque book out again. I am advised, Science had refused him the grant for going to and he might clarify the matter, that further enor- Trinity owing to his failure to comply with the mous amounts of money have been waved about conditions. That was not unconnected with the for adjacent vegetable gardens so that access can fact that he was out of circulation for the previous be provided to the prison. I would like to know four years. I am glad to say this problem was the full picture on that and on the adjoining overcome. ground, owned by a well known major company, The second example shows that progress can and whether the figures mentioned to me, which be made. However, I am concerned that there is run into millions of euro, are correct. What not sufficient emphasis on the possible benefits of further taxpayers’ money has the Minister quietly rehabilitation. Sufficient resources are not put spent on securing access to a place that was inac- into it and sufficient political will does not exist. cessible in the context of such a major project? Taking the approach of locking people up forever I am very glad the Minister saw the error of his is too simplistic. We should have a more nuanced ways on Cork prison before it went too far. The approach, keeping those out who should not be project on Spike Island was ill-conceived. I can, there and, in so far as we can, putting a huge however, offer comfort to the Minister in regard emphasis on the possibilities of rehabilitation or to Kilworth Camp. Having served with the FCA education for those who would benefit and who at the barracks, I believe it has a lot to offer as a would come out of prison better members of prison location. I know the area very well and, society than when they went in, rather than worse subject to more information being made avail- as applies at this stage. That is why I put great able, I would support the idea of a prison at that emphasis on alternatives to prison and on restora- location. I have one reservation, however, tive justice and why I recently went to the trouble namely, its distance from Cork city, from where of producing a major report for the Joint Com- the majority of the prison population will come. mittee on Justice, Equality, Defence and Women’s Rights on the issue. It represents a new Mr. McDowell: In terms of time it is probably approach which, if rolled out nationally, has the as close as Spike Island. possibility, particularly in the cases of young and first time offenders, of ensuring they are answer- Mr. J. O’Keeffe: It is even further from west able for their crimes but do not clog up the prison Cork but, thankfully, we are very civilised in west system or, even worse, go to prison unnecessarily Cork. It is certainly a much better option than and come out far worse than when they went in. Spike Island and proper transport facilities for I will deal with some of the issues arising in the relatives should solve the problem. I am broadly Bill. The Minister will not be surprised that I supportive of the proposal and am very glad the want to refer to Thornton Hall. The first problem Minister saw the error of his ways in contemplat- was that the Minister had grand plans for ing spending huge sums of money on Spike Thornton Hall and for Cork. Despite pressure on Island. My continuing reservation about the pro- prison space he took a number of prisons out of posals for Spike Island is that it is currently commission, long before these new prisons were closed, when it could have filled a short-term gap much more than a gleam in his eye. That was a until the new accommodation came on stream. foolish approach. It was even worse for the fact I support many aspects of the Bill and will, that facilities existed at Wheatfield, but there is therefore, support it on Second Stage. I take it insufficient emphasis on rehabilitative and other the Minister wants to rush the Bill through the measures to enable them to be used fully and Oireachtas so we should be thankful we will not properly. In addition, the Do´ chas prison is excep- be faced with an onslaught of revisions such as tionally well equipped for those who must be were produced on Committee Stage of the Crimi- incarcerated but it may be a victim of the over- nal Justice Bill 2006. all plan. Mr. Howlin: One never knows. Mr. McDowell: Unfortunately, it is too small. Mr. McDowell: If the Deputy keeps coming up Mr. Howlin: There are too many women in with ideas I might accommodate him. prison. Mr. J. O’Keeffe: A couple of issues arise in Mr. J. O’Keeffe: However, it will be gone once respect of the privatisation of certain prison the gleam becomes a reality, if it ever does. services. The Ta´naiste and Minister for Justice, 1271 Prisons Bill 2006: 1 February 2007. Second Stage 1272

[Mr. J. O’Keeffe.] ency to view the legal profession as the only one Equality and Law Reform has made much of his that can have something to do with such tri- confrontation with the Prison Officers Associ- bunals. What would a barrister in the Four Courts ation and clapped himself on the back for achiev- or a solicitor in the Kerry South constituency of ing great savings. I wonder would his claims stand the Minister for Arts, Sport and Tourism, Deputy up to further scrutiny. I understand the average O’Donoghue, know about prison discipline? If we cost of keeping somebody in prison is approxi- follow this process, is there a case for using mately \90,000 per year, or \250 per night. Some- people such as former prison governors, chap- body said we could put prisoners up in Ashford lains, doctors or those who have been involved in Castle for that amount of money and they would rehabilitation measures? not want to leave it to return to a life of crime. International comparisons of costs are quite Mr. Howlin: Ex-Ministers who might be at a frightening. The average cost per prisoner per loose end. year in the United States of America is approxi- mately \33,000. Mr. McDowell: That includes Deputy Howlin.

Mr. McDowell: The Deputy should take a look Mr. J. O’Keeffe: There has been so much abuse at American prisons. in this regard that it is time to raise the flag and call a halt. I had occasion to examine carefully Mr. J. O’Keeffe: In Britain, where I have seen one of the Minister’s pet projects, the Refugee some of the prison accommodation, the figure is Appeals Tribunal, and the pets appointed to it. \36,000. The Government has not made value for Frankly, the outcome was horrifying. We have money a great priority and if international com- had enough of Fianna Fa´il and the Progressive parisons are used in judging the Minister’s per- Democrats’ friends being appointed to positions formance he does not rate highly. The Minister without qualifications for such appointments proposes giving future Ministers for Justice, other than their close association with the Equality and Law Reform the power of privatis- Government parties. I recommend a new ation, to exercise if appropriate. The question approach, that is, reaching beyond the legal pro- arises as to whether it will ever be appropriate fession and friends of the Government parties. from the point of view of value for money. In On prison construction and extensions, the 2002 a report from the Department of Justice, Minister has not given an adequate explanation Equality and Law Reform stated that privatis- for the powers he has gathered. He is keen to ation of prison services would never save money. drive the Thornton Hall matter over the line, but There is so much to say about prisons but so the House passed the Planning and Development little time in which to say it. We have never had (Strategic Infrastructure) Act 2006, which deals a chance to talk about prisons in the context of with projects of importance to the Government penal reform and penal policy in general, but I by fast-tracking them through special procedures. will touch on a few other items. A number of Why were prisons not included? Would it not sections in the Bill deal with prison discipline and have been a better, independent, accountable and the withdrawal of various rights such as transparent way to deal with the matter were the remission. We should stand back and examine normal process to prove difficult? I ask that the this issue in the round. The automatic remission Minister reconsider the issue. of 25% of sentences should be reviewed. It is not I will take the opportunity to praise someone that I am against remission, but it should be who has done the country a great service, namely, earned. Our system should be based on a the current Inspector of Prisons and Places of remission of sentence being earned rather than Detention, the honourable Mr. Justice Dermot putting prisoners at risk of losing some of their Kinlen, a brave and courageous man. I do not remissions from time to time. If we turn the equ- always agree with what he says and the Minister ation upside down, the onus is on the prisoner to does not agree with anything he says. We owe not only be on good behaviour, but to participate him a debt of gratitude for his bravery and cour- in rehabilitative programmes. age in saying and doing what he did during his In the days before the Curragh Prison closed, years of retirement. there were rehabilitative programmes, partic- ularly in respect of sexual matters, but many Mr. Howlin: Did he say the Minister was a people did not go on them because nothing would fascist? be earned by way of remission. A two-pronged approach would have greater emphasis on the Mr. J. O’Keeffe: He is a man of whom the issue of rehabilitation and make it clear to pris- country can be proud. I am not sure that the oners that if they want remission, they must Minister can be proud of how he treated the engage actively with available rehabilitative inspector or how many of the inspector’s reports services. This may be the way forward. were, if not buried completely, allowed to gather Regarding issues arising in the Bill, the Mini- dust before it suited the Minister to slip them out, ster spoke about the powers of the prison gov- not coincidentally at the end of a Da´il session so ernor and the appeals tribunal. There is a tend- that any debate on them could be stifled and no 1273 Prisons Bill 2006: 1 February 2007. Second Stage 1274 awkward questions could be asked, the type through Second Stage and grafting on chunks on sometimes asked in real democracies. Committee Stage, which has been the normal I welcome that we are to put the position on a process followed by the current Minister and his statutory basis. On Committee Stage, perhaps we predecessor. It seems to be a departmental modus could deal with the issue of the reports not get- operandi. I say this in the hope that there will be ting a chance to be published at a time when they no further grafts on Committee Stage. can be debated properly and fully. As Deputy Jim O’Keeffe stated, the Bill gives us a rare opportunity to discuss prisons and Mr. Howlin: As soon as practicable. prison policy. It is seldom that we have that opportunity, although the prison Mr. J. O’Keeffe: On drug testing, the Minister 2 o’clock system is a critically important and stated that he would end drug-taking in prisons, very expensive part of the entire but we need a separate debate on the issue. I am criminal justice system. It is an area many people delighted by the notion in theory. I would love to do not wish to discuss. When I have raised this see no drugs in prison. I do not want to see drugs topic on national radio, the preponderance of in the country. telephone calls have shown an attitude that basi- The ordinary people of the country cannot cally does not care what happens behind prison understand how prisoners can get drugs after walls, people should be locked up and what hap- being locked up in prison. I revert to the letter pens after that is no one’s business. That is funda- from the coal face, the inmate in one of our places mentally wrong and we must have this debate. of detention. The half hour I have to contribute to this dis- cussion will not fulfil that need but I hope it will Mr. McDowell: He picked up the hash on the generate a broader discussion on prison policy. exercise ground of the prison, which shows The Bill, as the Minister has indicated, provides exactly why we cannot have a prison exercise for a number of routine things, such as video con- ground within catapult distance of busy streets. ferencing of certain non-trial court hearings. That keeps up with technology as outlined in the Mr. Howlin: Could someone else not have report of the oversight group chaired by Mrs. picked it up before him? Justice Susan Denham which would allow for video conferencing in cases where it is not cur- Mr. J. O’Keeffe: Is there no one else to pick rently provided for by statute. it up? It places the office of the Inspector of Prisons on a statutory basis. God knows that is long over- Mr. Howlin: And watch out. due and it is a pity the personal animosity between the current Minister and—— Mr. J. O’Keeffe: The inmate refers to taking a few “yellows”, whatever they are, and smoking a Mr. McDowell: He is a good friend of mine. few “J”s while listening to Bob Marley. It is a normal activity in that prison, but the Minister is Mr. J. O’Keeffe: The Minister could have telling us that he will end drug-taking in prisons. fooled me. There seems to be a significant gap between theory—— Mr. Howlin: I am amazed to hear that consider- Mr. McDowell: That is why we need to move ing the war of words that has surrounded his pro- to Thornton Hall. fessional, competent role as Inspector of Prisons and the current Minister for Justice, Equality and Mr. J. O’Keeffe: ——and reality. Law Reform. His long-sought requirement to have the office placed on a statutory basis will An Leas-Cheann Comhairle: The Deputy finally be fulfilled in this legislation. should conclude. The Bill sets out a new regime for the planning provisions for new prisons, something that will Mr. J. O’Keeffe: The debate has been a useful require a degree of teasing out and careful exam- opener, but there should be further opportunities ination. I am sorry the Minister is leaving because for serious and lengthy debate on this matter. I have some things to say to him. Perhaps he will Many issues need to be covered. It is in every- have an opportunity to read my contribution sub- one’s interest — those put into prisons, those who sequently. I share Deputy Jim O’Keeffe’s view on stay out and society as a whole — to have a con- the planning process that it should be separate sidered and working prisons policy, unlike the from the line Minister. The notion that a struc- current policy which is failing society. ture to deal with the planning issues would be devised by the line Minister on a case-specific Mr. Howlin: I welcome the opportunity to con- basis should set alarm bells ringing. Planning is a tribute to the debate. The Bill is a welcome professional, national and integrated job — I say departure for the Minister in that he has pro- that as a former Minister for the Environment duced a consolidated Bill instead of taking a Bill and Local Government. If there is a requirement that has been hanging around for years, putting it for specific, strategic, national projects to be dealt 1275 Prisons Bill 2006: 1 February 2007. Second Stage 1276

[Mr. Howlin.] of various prison visiting committees. They with in a separate way from run of the mill plan- painted a very disturbing picture of conditions in ning, so be it, but they should not be devised on Irish prisons. People remember the litany of hor- a case by case basis by the line Minister to suit ror stories about the prison system that domi- his or her personal requirements or the pressures nated the media for some weeks. Concern was of his or her agenda. That is fundamentally expressed by these visiting committees. These wrong. were the considered views not of some radical, This Bill will expand the statutory range of revolutionary left wing groups but by individuals prison rules. It does such momentous things as appointed by the current Fianna Fa´il-PD Govern- outlawing the bread and water diet, which one ment or its immediate predecessor and they would have assumed was done away with some painted a realistic but disturbing picture of con- time ago. It applies an appeals mechanism and I ditions in many of our prisons. Most depressing share again Deputy Jim O’Keeffe’s view of the of all were the conclusions that in some instances knee-jerk reaction of the Department of Justice, conditions were getting worse. They were not Equality and Law Reform that if a panel of part of an historic underspend or aged facilities people is to deal with anything in the criminal which were getting worse. It is a shameful justice area, it must be comprised of lawyers. situation that these reports lay in the Department There is no need for that. It should not be the of Justice, Equality and Law Reform for 18 norm that the only people competent to deal with months before a freedom of information request issues such as the appeals board that will be from a national newspaper prised them loose and established under this legislation would have to made them public. be practising solicitors or barristers. There are In a single week last summer, there were four other people in the social science area who have serious violent attacks in the prisons. Violence the expertise to suit that job, often much more occurs regularly in prisons but these were of such suitable than people who happen to practise law moment that they grabbed national headlines. but who may never have practised criminal law The most shameful of them was the sad murder and who are entirely unsuitable. of Gary Douch. It took place, as we all read at the The Bill also allows for the outsourcing of pris- time, in circumstances that were almost beyond oner escort services, a fulfilment of the big stick belief. The details read like something that would policy the Minister had. He indicated that 94% of happen in a backward 19th century country prisoner escorts are carried out by the new State- rather than in what purports to be a modern 21st run scheme he has put in place and I welcome century European republic. The circumstances that. I will not resist the enactment of a provision that surrounded that tragic death brought shame that it could be outsourced but I welcome the on all those who have responsibility to overview notion that an in-house mechanism is working State institutions and a substantial response was effectively. The experience of outsourcing in required. The Minister indicated he had no Britain has not been good. Some of the security antipathy at all to the Inspector of Prisons, Mr. services provided on a commercial basis to the Justice Dermot Kinlen. However, the inspector’s prison service in Britain leave a lot to be desired reported comments highlight his deep frustration. and in some cases have put the general public at He stated, “The present attitude [of the Minister] risk, something we must recognise, particularly is frightening and fascist”. I have never heard when moving dangerous or violent prisoners words such as these used about a Minister pre- between prisons and courts or any other places. I viously. They indicated the frustration of a former hope it is simply an enabling provision and that distinguished judge following the repeated ignor- it will not be used by the current Minister or any ing of his reports and recommendations on the of his successors. prison system. It needs to be ensured that There are some issues I wish to address in humanity reigns in our prisons. The punishment detail. The placing of the Inspector of Prisons on meted out in the name of the State is loss of a statutory basis is long overdue. I have no doubt liberty, as prescribed by law, not degrading con- the delay in doing this, which has been requested ditions that deny basic human rights. The squalor for years on end, was the result of the ongoing that surrounded the death of Gary Douch was a friction between the current inspector, the former denial of basic human rights. The squalor in distinguished Mr. Justice Kinlen, and the Mini- which his last hours were spent beggars belief and ster. The public friction and disrespect the Mini- it is a cause of shame. ster showed the inspector is to be regretted. The A fundamental review, therefore, is needed of failure of the Minister to heed the repeated find- the role of prisons and imprisonment. The Mini- ings and recommendations of Mr. Kinlen caused ster published the Fines Bill yesterday and all the huge frustration for the inspector and would have national newspapers reported that it would driven lesser people out of the job. Not only were reduce the prison population and provide for the the reports he produced buried but when they did attachment of earnings so that those who are come into the public domain, they were not incarcerated for the non-payment of fines would acted upon. be removed from the system. However, that is the In August, The Irish Times used the Freedom not case. Two fines Bills are promised. The mini- of Information Act to gain access to the reports malist Bill, which provides for fines to be paid by 1277 Prisons Bill 2006: 1 February 2007. Second Stage 1278 instalment, was published yesterday but the Bill for the non-payment of a few hundred euro in dealing with the attachment of earnings and fun- fines? damental changes that will reduce the prison My Fine Gael colleague referred to his own population has not been published and we do not fines Bill, which would provide for the attach- know when that will happen. ment of earnings or social welfare benefits and The Governor of Mountjoy Prison, John the imprisonment only of those who deserve to Lonergan, has often repeated the view that most be there because they are a threat and danger to of his clients come from a handful of postal dis- the community. The UCD survey demonstrated tricts in Dublin. Is that not a sad testament to that 7,540 people — 21 people a day — were com- the reality that from the time they enter primary mitted to prison for failure to pay fines in each of school, we can identity who is likely to end up in the past four years. prison? Similar to the breaking the cycle scheme With regard to the need to build a new prison, introduced by the Department of Education and the Minister has designed a unique planning Science, a plan is needed to break the cycle of regime and lobbed it into this Bill. A good case imprisonment which young people consider to be has been made for moving Mountjoy Prison, the norm because they expect to end up in prison which is a Dickensian institution. The circum- and do not fear it, considering it to be a natural stances surrounding the death of Gary Douch last progression in their lives. year made harrowing reading. The fact that any- The facts relating to imprisonment in the State body could be confined in such awful conditions are hugely disquieting. A report published late in the prison’s basement should ring alarm bells last year by the UCD institute for criminology, on the need for reform. the first of its kind in Ireland, found that more Parts of the prison are of good quality, such as than one quarter of the State’s prisoners return the Do´ chas Centre, on which a lot of money was to jail within a year of their release. The report spent. The centre is a fine environment to house found that the vast majority of prisoners are prisoners but I remind Members that the incar- young, unemployed, petty criminals rather than ceration of women is a recent development in this violent or gangster figures. People who pose a country. Until 20 years ago, only a handful of threat to the community or who are a menace to women were ever locked up. Have matters their neighbours and are violent or who push changed so fundamentally that, as the Minister drugs on our streets deserve to be locked up but claimed this morning, Do´ chas is not big enough? they do not comprise the majority of the prison Why are the women being incarcerated? Their population. The report highlighted that 56% of cases should be carefully investigated. prisoners were jailed for minor offences such as While Do´ chas may work, nobody would cry fine defaulting and motor offences and the salty tears if much of Mountjoy was closed. majority serve less than three months. Offences However, the Minister’s approach to the issue such as fine defaulting clog up more than half of was shocking and wrong. According to the prison places because of the failure to attach accepted popular view, the price paid for earnings and to ensure people who owe a few Thornton Hall was staggeringly excessive. My hundred or thousand euro in fines do not end up Green Party colleague, Deputy Boyle, cited fig- in jail. ures for land sales in similar areas of north The report studied 19,955 inmates who had County Dublin ranging from \19,000 to \34,000 been released from prison. A total of 85% of per acre. The price paid for Thornton Hall was those imprisoned for defaulting on fines were \29.9 million, or \200,000 per acre. Deputy Boyle back in jail within four years. This is frustrating quoted an assessment by an accountant with 40 because it is not a cheap option. My colleague, years of experience in the estate agency business Deputy Jim O’Keeffe, instanced the average cost which claimed the price paid for the site, at an of keeping a prisoner in jail for a year at \90,000. estimated eight times the going rate, was grossly However, the most recent figures are staggering. above the market price. Whether one accepts the The average cost per year per prisoner ranges assessment of that accountant or of others who from \87,700 in Cork Prison, \84,800 in Clo- have estimated the price paid as being at least verhill Prison, \75,800 in Limerick Prison and twice the going rate, the State is popularly \85,300 in the Midlands Prisons to \100,400 in accepted to have gotten a very poor deal. The Mountjoy Prison while 56% of inmates are jailed Minister, who is a member of a party which prides for non-payment of fines. In addition, the high itself on value for money, low taxation and ensur- security prisons are even more expensive. It costs ing the public purse is well-maintained, revealed \240,700 per year to keep a prisoner in Portlaoise an extraordinarily lax approach to purchasing Prison, which is higher than the salary of a Mini- land for a major facility. I do not doubt I will have ster. This is funded by the taxpayer but no cost a further opportunity to develop my thoughts on benefit analysis of this expenditure has been that matter on Committee Stage but I am con- carried out. Is value for money achieved by lock- cerned that the Minister has handcrafted his own ing people up for non-payment of fines, partic- process for planning this issue and I would like ularly when they have lost their liberty? How can him to give a few clear answers in his conclusion the State justify imprisoning a person in to this Second Stage debate. He should outline Mountjoy Prison at a cost in excess of \100,000 the process and timeframe he envisages for the 1279 Prisons Bill 2006: 1 February 2007. Second Stage 1280

[Mr. Howlin.] Public Accounts found that a unit designed to completion of the Thornton Hall project. When hold young offenders which cost \4.7 million was will irrevocable decisions be made which could unoccupied because of a turf war between the preclude an incoming Government from Departments of Justice, Equality and Law reviewing the matter from a value for money per- Reform and Education and Science. This unit was spective? closed at a time when the courts could not find The Bill provides for an expansion to the statu- appropriate places of detention for young tory basis for prison rules. The issue of drugs in offenders. The same report found that main- prisons was raised by a previous speaker. Last taining a child in the Finglas Child and Ado- year, the Minister made much play about making lescent Centre for one year cost a mind boggling our prisons drug free, although the letter read \507,407. Is early intervention to prevent children into the record by my Fine Gael colleague reveals from following that path not justified on the most that to be almost farcical because drugs are read- basic grounds of cost effectiveness, never mind ily available in our prisons. I have no illusion that the humanitarian and societal reasons? it will be easy to achieve the objective of keeping This is a modest Bill which has spent a long prisons drug free or that difficult decisions could time in gestation. I hope the low priority afforded be avoided. Other than those thrown over the in this Chamber and this country to prison reform wall in St. Patrick’s or Mountjoy, most drugs are will be addressed and that the debate on Commit- physically passed through intimate contact by tee Stage will improve the appalling conditions wives, girlfriends, partners and other family identified by the Inspector of Prisons and Places members. Clearly, the only way to be absolutely of Detention and the prison visiting committees certain drugs are not passed in that manner is to over many years. restrict intimate contact but I would have the gravest of problems with such an approach Mr. Cuffe: I wish to share time with Deputies because, if people are to be incarcerated for years O´ Snodaigh and Cowley. on end, the notion that they could never touch their children or have intimate contact with their An Leas-Cheann Comhairle: Is that agreed? partners is inhumane. However, a regime is Agreed. needed which allows people to live in a drug free prison environment. I have been contacted by Mr. Cuffe: Ministers and political leaders have parents who explained that it was impossible for a certain attraction to grands projects. From their offspring to avoid contact with drugs in the Charles Haughey here to Mitterrand in France prison system. Most people are scandalised by the large projects seem to concentrate minds. that fact. It cannot be acceptable that people who Ceaucescu, the late president of Romania, spent are not drug dependent before entering prison his later years erecting a large palace for himself become dependent while incarcerated. The objec- in the centre of Bucharest. Closer to home the tive will be difficult and challenging to achieve Ta´naiste, Deputy McDowell, some five years ago but we must lay out a strategy for doing so. accused the Taoiseach of pursuing Ceaucescu-like What is the status of the addiction counselling projects in the vicinity of the M50. However, I service? Last year, it was promised that such a suspect the Ta´naiste’s political legacy may well be service would go to tender. Have those tenders a rather large white elephant on a site ten miles been fulfilled, how many of the 14 prisons and from Dublin at Thornton Hall in Fingal. The places of detention offer addiction counselling people of Romania eventually revolted and threw services and to what level are they operating? out Ceaucescu. I suspect within the next few I am informed that methadone is only pre- months the Irish people may well be revolted scribed to people who were taking it before they enough to remove the Ta´naiste, Deputy entered prison. Is it possible for people who want McDowell, from office. It is much easier to con- to come off heroin to have access to methadone template the grands projects than deal with the while in prison? very radical reform required in the heart of the Is it true that people are incarcerated who have Prison Service. While the Bill contains some com- been clinically diagnosed with severe psychiatric mendable sections, it does not go far enough to illnesses? How many people are awaiting transfer address the reforms required. to the Central Mental Hospital or other clinical I am very concerned about the Bill’s reference setting and are in prison because places are not to the planning process required for the erection available for them? of and works to prisons. The Ta´naiste makes pro- What is the current position with regard to vision to circumvent completely the normal plan- young offenders? Last October, the Committee ning procedure for major infrastructural projects. of Public Accounts examined and reported on the While this part of the Bill proposes to establish a detention centre in Lusk. God knows, the cost of public consultation process for the construction detention centres is horrendous, yet the Ta´naiste of new prisons and places of detention with the is now flying another kite with regard to incarcer- idea of a rapporteur to take submissions, the rap- ating asylum seekers in detention centres. I hope porteur reports back to the Minister who may or he puts them in cheaper places than the ones we may not amend the plans for the project on the currently have. In its report, the Committee of basis of the report. How dare the Ta´naiste com- 1281 Prisons Bill 2006: 1 February 2007. Second Stage 1282 pletely circumvent the planning process in order hire staff to carry out his or her duties in an to build these places of detention? Whether it is efficient and professional manner? The existing dealing with the protected structures on the inspector has been dealt with in a very demeaning Mountjoy site or the archaeology in Fingal at way. It is clear from his reports that there have Thornton Hall, I am deeply alarmed that the been difficulties in establishing secretarial sup- Ta´naiste is simply avoiding the normal planning port and in simply getting the kind of support an process in order to deliver projects. That is not inspector of drains would have had 20 years ago. good enough and is a negation of the public’s We need to move further in this regard. right to have an input. It is a retrograde step that It is disappointing the Bill does not allow the was first taken with legislation in the early 1990s inspector of prisons to publish his or her reports and is perpetuated in this Bill. It is not the right independently. In the recent past the Ta´naiste has way to do it. delayed the publication of the reports of the There is no role for An Bord Pleana´la as is the inspector for months if not years. He seems to norm in the planning process for large infrastruc- have a penchant for publishing the reports on the ture projects. Does the Ta´naiste feel his work is day or the day after the Da´il goes into long somehow above that of his Cabinet colleagues? periods of recess, which is unacceptable. The Why does he feel it is appropriate to single him- information in these reports is of great import- self out for different treatment from his col- ance and should be made available to the general leagues in Cabinet? I ask that in a rhetorical public without delays. It should not be at the sense. discretion of the Minister to publish these reports. The Ta´naiste has a terrible tendency to concen- Aengus O´ Snodaigh: The Deputy should trate power on his desk and have the last say. If remember Roscommon County Council. he does not like the contents of a report he simply suppresses or delays its publication. This is not Mr. Cuffe: In addition to that, the Ta´naiste sees good and we need to address the matter. himself as a man quite apart from his Cabinet col- It is disappointing that the scope of this part of leagues and in some respects he is. There is no the Bill falls short of international norms. In most guarantee the Minister for Justice, Equality and developed nations prison inspection takes a two- Law Reform would amend the plans for a prison pronged approach. Firstly an inspector of prisons development on foot of the submissions made to is responsible for the inspection of the prison the rapporteur. What surety does the public have system and the condition within individual that their concerns will be taken on board? This prisons and places of detention. Secondly, an is an example of the Ta´naiste paying lip service ombudsman for prisons is responsible for dealing to democracy and public consultation. I hope the with individual complaints from prisoners, which Ta´naiste will limit himself with this tendency. is crucial. We get a drip feed of the Inspector of An independent body such as An Bord Prisons’ report. It is heartbreaking to read in the Pleana´la needs to have a central role in such a annual report by the inspector and in the individ- process. It is not acceptable for the Minister for ual prison reports the anecdotes of individual Justice, Equality and Law Reform to be judge prisoners and how they were treated. It is through and jury on such important and potentially con- a Victorian type reporting that we get to ascertain troversial matters. It is also worth nothing that what is going on in our prisons. this part of the Bill neatly complements the The legislation makes no provision for an Ta´naiste’s self-professed desire to building hold- ombudsman for prisons and the Inspector of ing pens where certain asylum seekers are to be Prisons is prohibited from dealing with such placed while they await the processing of their cases. Prisoners should be facilitated in making applications. The Ta´naiste should concentrate his complaints of ill treatment to an impartial inde- efforts on improving the lot of asylum seekers pendent body. This is how the world is going and rather than imprisoning them. There is a reson- I hope the Ta´naiste will take a deep breath and ance with internment that was used on this island follow. It is not adequate that the official dealing within living memory. I am concerned the with complaints from prisoners is himself or her- Ta´naiste may be applying the same principle to self a colleague of the person against whom the asylum seekers. Perhaps, as Deputy Howlin complaint is being made. It is a basic principle of pointed out, he was just flying a kite. I suspect human rights and one that I hope the Minister there is a lot of that around. However, it is a will uphold. dangerous kite to fly. I wish to mention prisoner escorts. I am the Part 5 of the Bill provides for the establishment first to acknowledge that substantial reforms are of an Office of Inspector of Prisons on a statutory required within the staffing and method of oper- basis, on which matter the Green Party has been ation of our prisons. In many cases the Ta´naiste pressing the Ta´naiste to act for some time and we must face up to prison officers and get them to welcome it. However, I have a number of con- bring their work practices into the 21st century. cerns. For instance, Part 5 refers only to the There is no comparison between the costing and Inspector of Prisons and makes no reference to staffing level of the Irish Prison Service and those an Office of the Inspector of Prisons. Will the of the United Kingdom. This raises a large ques- inspector have the right to establish an office and tion over how prison officers go about their job. 1283 Prisons Bill 2006: 1 February 2007. Second Stage 1284

[Mr. Cuffe.] ined. The study concluded that the public sector If the Minister wanted to be radical, he would prison performed better in key areas, such as deal with the demarcation within the Prison health care because the state has a duty of care Service and its sometimes dinosaur-like work to those held in prisons. The public sector prison practices and reform the way prison officers do also performed better in reducing re-offending their business. Instead, he is stepping aside and because its purpose was to ensure that people talking about privatisation. That is not the right were rehabilitated and played a proper role in way to go. society. Crucially, it did better too in security. Unions and workers have a duty to face up to The Canadian authorities made an evidence- reform of work practices within the prison based decision to take the private prison back system. If they do not, the Minister will sweep into public hands. them aside and more and more of their work will I appeal to the Minister not to go down the be privatised. We need to send out a clear signal route of privatising any of the services associated that reform is necessary if the State is to carry with prison, such as prison escort services. He has out its work. If we want to prevent the Minister stated that “it is not intended” to outsource pursuing his own ideology, staff must reform their prison escort services in the foreseeable future. work practices and work better and more He used exactly the same wording when I dis- efficiently. cussed the Garda reserve with him at a committee in 2005. A year later we have a Garda reserve. Aengus O´ Snodaigh: Fa´iltı´m roimh an deis lab- Whatever he includes he intends to use. hairt faoin tslı´ a bhfuil an co´ ras prı´osu´ nachta a´ Other issues are inadequately addressed, such reachta´il sa tı´r seo. Ta´ roinnt rudaı´ sa Bhille seo as prison discipline and the inspector of prisons. a gcuirimid fa´ilte e´igin rompu, ach den chuid is There is a high level of suicide and attempted mo´ ,nı´ he´ seo an treo ar cho´ ir du´ inn a bheith ag suicide in prisons. Deputy Howlin mentioned the dul sa tı´r seo faoi la´thair. Is e´ a mhalairt de threo gruesome killing of Gary Douch in a holding cell ar cho´ ir du´ inn a bheith ag dul. in Mountjoy last year. The establishment of an The prison system is an absolute failure. If it independent ombudsman for prisoners is long was successful, the rate of recidivism would be overdue. We should ensure that this House does lower. There would not be the over-incarceration not pass this legislation unless that is in place. to which every report and comparison to other The Jesuit Centre for Faith and Justice has pro- jurisdictions has pointed. The system would focus posed several amendments which would tighten on rehabilitation, training and preparation for the up this area. I appeal to the Minister to consider reintegration of those who must serve a prison them on Committee Stage and to ensure that its sentence. Many who might end up re-offending points and others are taken on board. I agree with are not open to rehabilitation or training but much in these amendments. Prison officers are in there are others for whom this is the only oppor- a different category from prisoners. They have tunity to receive training from the State which has more power over prisoners than perhaps should a duty to invest properly in ensuring that people be the case. Prisoners are reluctant to take cases who have been disadvantaged and have ended up or make complaints against individual prison on the wrong side of the law do not end up there officers because the officer may be dealing with again. The prison system, however, has failed the prisoner the next day which can lead to vic- miserably. Instead of increasing the number of timisation. We need to ensure that if prisoners prison places, we should be holding them at the make complaints, they are protected. I will argue current level. If we were successfully addressing some of these points on Committee Stage and I recidivism and over-incarceration, we would be hope the Minister is open to taking reasonable happy to see empty cells. That is not the case and amendments on board. we should examine why. Expenditure on Thornton Hall has not been I have problems with major parts of this Bill, fully thought out. The Minister is wasting money especially in respect of the privatisation of the in north county Dublin. My information is that prison escort services. If the Government intro- the other landholders in the area from whom the duces a profit element to the Prison Service, it State will have to buy land are demanding the will end up spending more money as has hap- inflated land figures the State paid, \200,000 per pened in other jurisdictions. This is not a cost- acre. New roads and other services will have to effective measure and it is dangerous. Indepen- go into the prison and the State will have to pur- dent contractors exist to make profits and will chase land to facilitate the Minister’s foolish big drop standards to do so. That is the experience dream for Thornton Hall. The questions about in other jurisdictions where prison escort services the purchase of that site have not been answered. have been privatised. The Minister seems to be The deal stinks to high heaven. In future, I and hell bent on this and is not heeding the evidence. others who have raised questions about the deal In Canada, a five-year pilot study commenced and the land sale will be proved correct. If new in 2001 to determine whether there was any prisons are to be built, we must ensure we obtain benefit in privatising the operation of prisons. the best possible value for money. The Minister Two identical prisons, one run by the private sec- is viewing lands in Cork but he should not go tor and the other by the public sector, were exam- down the same road he took in respect of 1285 Prisons Bill 2006: 1 February 2007. Second Stage 1286

Thornton Hall. There is a great deal of land in European Rugby Cup and the UEFA Champions State ownership that would be suitable for such League, respectively, and the biggest cheer when purposes. I cannot understand why the Minister the Ryder Cup was held at the K Club occurred has not given proper consideration to upgrading when Darren Clarke drank a pint of Guinness. If Spike Island and building a new facility there. one visits the District Court, one will come across There are other matters about which I am con- cases involving drink driving, assault and many cerned, particularly areas in respect of which the other crimes performed under the influence of Minister has not learned from international alcohol. Sadly, the events of such cases are research and best practice in other jurisdictions. detailed and catalogued to serve as light enter- The first of these relates to mandatory drug test- tainment in many local newspapers but for many ing. When such testing was introduced in other of those involved they represent personal jurisdictions, particularly Scotland, it was dis- tragedies. covered that a confrontational relationship Many sexual assaults, including those per- developed between staff and prisoners. The latter petrated against children, occur under the influ- were actually discouraged from taking part in ence of alcohol. Many incidents of domestic viol- drug treatment programmes. Mandatory testing ence also involve alcohol. If Members doubt this has encouraged those who smoked heroin in the to be the case and if they can find one, they past to inject it instead because they can thereby should visit an emergency refuge centre for avoid the detection of their drug use via urine women. Alcohol is an influence in many murders, screening. This means that the risk of hepatitis C manslaughter and rape cases that come before and HIV being transmitted throughout the prison the courts. Of the male prisoners convicted of population increases. homicide in British prisons, 38% were described There is a great deal more I could say but, as being drunk at the time of the crime. This com- unfortunately, I do not have the time to do so. pares to 14% who indicated that they were using However, I will raise on Committee Stage the illegal drugs when they committed murder. points of interest to me. I object to the Bill. It is Families throughout the country have been a pity it is not more enlightened and that it does blighted by alcohol for generations. Such families not engage in proper consideration of how the are often dysfunctional and the children in them justice system should operate. grow up to suffer what is sometimes referred to as adult children of alcoholics syndrome. Several Dr. Cowley: I am fortunate in that I did not characteristics are common in adults who have have an idea what the inside of a prison looked been brought up in families such as those to like until the Rossport Five were jailed for 94 which I refer. These individuals experience feel- days. I visited the men in question on many occasions and, therefore, had an opportunity to ings of isolation, are uneasy with authority figures witness prison conditions at first hand. The Ross- etc. Many become alcoholics and history repeats port Five are older men and while in prison their itself. They often marry alcoholics and develop younger counterparts inquired if they would compulsive personalities. The Barnardos slogan teach them how to read. Apparently, many of “Every childhood lasts a lifetime” is well coined. their fellow prisoners could not read or write. As In recent years drugs have compounded and Deputy O´ Snodaigh stated, we must focus on accelerated our problems. Heroin has devastated keeping people out of prison or, if they are sent disadvantaged communities in Dublin. It is esti- there, ensuring that they do not return. mated that 15,000 people in Dublin are addicted One of the issues that arises in the context of to heroin but the State provides only 20 residen- the Bill is overcrowding. Anything that would tial detox beds throughout the entire country. It alleviate the inhuman overcrowding in our can take up to 12 months for a chaotic addict to prisons would be welcome. Another issue is that get on a methadone programme that will stabilise prisoners attending court often cannot hear or them. During this period, he or she will be understand what judges are saying. It appears obliged to commit two or three crimes per day to that the amplification equipment provided is not feed his or her habit. Drugs such as heroin and being used by judges. A third issue relates to the cocaine are available to people in every walk of fact that the number of people in prison who suf- life and section of society throughout the country. fer with psychiatric illnesses is extremely high. The addicts to whom I refer are ordinary We must ensure that proper detection mechan- people — sons and daughters and mothers and isms are put in place in this regard and that fathers. Many of them are no more than children people receive the treatment they require. but have children themselves. In addition, many We must consider the effect of alcohol and of them grew up in alcoholic homes. Society has drugs in this area. Alcohol is, of course, the most often written them off because they do not, in the common drug of abuse. I welcome the publication main, come from middle class backgrounds and of a drug policy and strategy for the Irish Prison do not, therefore, seem to count. To fund their Service. However, Ireland, as a nation, has a addictions, many engage in crime, particularly major problem regarding the abuse of alcohol. shoplifting. What do we do with the people to For example, Guinness sponsors the All-Ireland whom I refer? We place them in the dustbin that hurling final, Heineken and Amstel sponsor the has become our prison system at a cost of over 1287 Prisons Bill 2006: 1 February 2007. Second Stage 1288

[Dr. Cowley.] tight on the fence and wring their hands or call \1,600 per week. They are then released to re- for more severe action to be taken. No one loses enter the crime-drug addiction cycle. votes for stating that drug pushers should be The criminal justice system is full of alcoholics locked up or that drugs are evil. However, the and drug addicts. The only winners within it are people who live cheek by jowl with this problem criminal justice professionals, namely, lawyers and its fall-out on a daily basis expect a little who make lotto-like salaries from a process that more lateral thinking from their political masters. does not make society any safer. The provision of more treatment beds, employ- When alcohol was prohibited in the US in the ment opportunities, green spaces, proper rec- early part of the last century, there was violence, reational areas and open educational oppor- extortion, protection, murder and turf wars. tunities would help to alleviate some of the However, people across the classes continued to difficulties in this area. It is the responsibility of drink. When alcohol was legalised again, many of the powers that be to try to introduce pilot the associated unsavoury aspects disappeared but schemes such as those involving needle exchanges it continued to inflict misery and grief on those and safe places for addicts to inject. Such schemes who could not handle it. The US Government of are, however, merely cosmetic in nature. What we the day had the sense to realise that prohibition was a failure. need are people who will break the mould and take chances, even though they know that fall-out In 2003, the director of the Merchant’s Quay project pointed out that there were only 20 resi- will occur. However, anything would be better dential drug addiction treatment beds in the than the situation that currently obtains. country. When one considers that 6,000 people Many political parties are using or proposing were on methadone maintenance in 2001, com- failed policies from the UK and the USA in part- pared to 400 in 1995, one has all the proof one icular. While the experts know what works and needs regarding the growth and spread of heroin does not, many politicians, like abuse. 3 o’clock others before them in the UK, The prohibitionist mentality has left us ham- believe that policies, known to work, strung. The figure of 20 beds for addicts is embar- cannot be sold to the public. Instead, a tabloid rassing when one considers the emphasis that is approach is taken of populist soundbites such as placed on creating more prison spaces. With “Prison Works”, “Zero Tolerance” or “Just Say prison, all we do is encourage judges to lock up No”. A new approach based on the five pillars is more people and thus create even further over- needed. We need to be brave in our approach, crowding in the system. When that happens, there thinking outside the box. are too many people in spaces that are too small. These individuals have no meaningful work or Mr. Andrews: I believe the Ta´naiste and Mini- education and this creates further sites for drug ster for Justice, Equality and Law Reform will say abuse. the Opposition is all over the place on this issue. In the past, wars were fought over drugs. For Over the past 12 months much has been said example, Britain and China fought two wars in about mandatory sentencing, boot camps and this regard known as the “Opium Wars”. In banning hoodies. There have been stark calls for essence, the British wished to trade opium from law and order and the hang ’em and flog ’em, India to China. The Chinese resisted and war was throw-away-the-key approach. In a matter such declared. The trade only ceased when the as the Prisons Bill, the key element is rehabili- Chinese were able to make enough opium intern- tation. Mandatory sentencing is antithetical to ally and thereby make it uneconomical for Britain rehabilitation; they run contrary to each other. to continue its trade. Up to 1868, one could buy Recidivism is almost guaranteed if an offender is morphine and opium in general stores in Britain. not offered the possibility of early or temporary The Pharmacy Act 1868 put a stop to this and release, rehabilitation or non-custodial sentences gave dispensing powers to pharmacists. are removed or judges are not allowed the discre- Matters were not, therefore, always as they are tion to deal with cases. today. Everyone knows the dangers of drugs but the problem persists because those who matter Aengus O´ Snodaigh: The Deputy should tell and who can do something about it are caught in a straitjacket, culturally and politically. It is a safe that to the Ta´naiste. assumption to state that the availability of drugs ´ is at an all-time high or close to it. We can also Mr. Andrews: I am telling that to Deputy O safely say that there is an acceptance of drug-tak- Snodaigh. He should be more coherent in the ing among the younger generation and that none points he is making. It is all very well making of the social stigma members of the older gener- different speeches that seem to draw on mutually ation might attach to such activity obtains. exclusive and contradictory principles. Owing to the fact that many of those who can take action are one-dimensional in their Aengus O´ Snodaigh: I have not called for the approach, the drug problem is merely that, a introduction of mandatory sentencing at any problem. It is politically expedient for some to sit stage. 1289 Prisons Bill 2006: 1 February 2007. Second Stage 1290

An Ceann Comhairle: Allow Deputy Andrews In Du´ n Laoghaire, I have encountered cases of to continue without interruption. individuals applying for visas to the US. Although, they received a fine for shoplifting as Aengus O´ Snodaigh: He is addressing me. far back as, say, 1972, they must admit they have a criminal record to the US authorities and are, Mr. Andrews: If the Deputy were consistent, therefore, denied a visa. Some appeal structure in some progress might be made. the consular services should be examined. The 2001 Children’s Act allows for spent con- ´ Aengus O Snodaigh: I have been consistent. victions after three years. This runs from the time of the offence, unlike in the UK where the period Mr. Andrews: We will not fall out over it then. of rehabilitation runs after the sentence is com- pleted. For a 17 year old who receives a sentence An Ceann Comhairle: I ask Deputy O´ of four years, the period of rehabilitation can be Snodaigh to allow Deputy Andrews to continue spent before he or she even leaves prison. This is without interruption. not sensible. Aengus O´ Snodaigh: He is referring to—— The Law Reform Commission published a con- sultation paper on the court poor box system An Ceann Comhairle: Sorry Deputy O´ which included an analysis of the legislation. It Snodaigh, but you started the interruptions. I ask made no recommendations on the rehabilitation you to desist from further doing so. of offenders. Nevertheless, there is some activity on this issue on the Government side. The Mr. Andrews: I was interrupted by Deputy O´ Department of Justice, Equality and Law Reform Snodaigh so I had to react. established the linkage scheme in 1999. Under I agree with Deputies Howlin and O´ Snodaigh, this system, 273 offenders were placed in employ- drawing on the work of UCD’s institute of crimi- ment in 2003. It is wrong to suggest the Govern- nology, that there is much recidivism and more ment is not addressing the issue of employment work must be done on it. A statutory framework for ex-offenders. The linkage system is operating to deal with rehabilitation must be examined. successfully but I believe we need to go further Ireland has one of the lowest rates of imprison- on it. More than half the people released from ment in western Europe, a fact that is lost in the prison system will be back in it within four many of the arguments. It also has one of the low- years, a failure of our criminal justice system. est rates of crime. By European standards, our Some Members, particularly before a general prison capacity is at an average rate. That does election, will talk about vengeance and throwing not mean we should not be moving along towards away the key, talking tough before the electorate. issues on rehabilitation. They forget the system is about getting offenders Finding a job is one of the hardest tasks for to rehabilitate, deterring re-offending and public prisoners when they leave jail, as they must admit safety. If a person has made a sincere attempt to to a criminal record if asked by a prospective live down a sentence, then he or she should be employer. Attempts have been made to deal with allowed every opportunity to restore his or her this in Ireland, to a small extent in the Children’s good name and be rehabilitated. Act, and in the UK with the Rehabilitation of Through a Private Member’s Bill, I will pro- Offenders Act. Passed in 1974, at the time it pose that a former offender, with a sentence of caused much controversy but it allowed ex- less than six years, should have to serve a period offenders to treat their convictions as spent after of ten years rehabilitation before applying, on a set period. As a result, the theory goes, ex- notice to the victim and Garda, to have the sen- offenders have a better chance of finding work. tence expunged. Similarly, for a former offender After the set period, former offenders, if asked who served a sentence of six months to two and by prospective employers if they had a criminal a half years, the period of rehabilitation would be record, could answer “no”, effectively permitting 15 years. It would be a way for those with indis- them in law to lie. cretions in their youth to restore themselves in While I believe the UK legislation is overly- society. It would be a goal for them to work complicated and the rehabilitation period is towards during the course of their rehabilitation. somewhat short, its advantage is that it only I accept some serious exceptions arise in such applies to minor offences. A serious offence, a proposal. The process could not apply to serious under no circumstances, would attract the offenders, such as sex offenders and those con- benefits of the Act. A former offender, who has victed of aggravated assault. In the UK, the served a period of detention greater than two and respective rehabilitation periods are shorter, five a half years, is not allowed to enjoy the benefit and seven years respectively. However, I would of the Act because the authorities have a serious prefer to see our system in operation before any interest in the employment of that former shortening of the periods is considered. Another offender. It excludes certain areas of employment issue that arises, and Sinn Fe´in Members have from the operation of the Act, for example, raised it, is the question of former paramilitaries. employment where an offender may come in con- Should paramilitaries sentenced for offences be tact with children or vulnerable adults. entitled to restore their good names, so to speak, 1291 Prisons Bill 2006: 1 February 2007. Second Stage 1292

[Mr. Andrews.] general that these matters will be dealt with as and enjoy the benefit of this proposed scheme? It fairly as possible. is integral to the Belfast Agreement that we There has been much debate recently on crime attempt to normalise society North and South. reporting. There is no doubt that some media Such a scheme would be useful in this regard in commentary tends to stoke up fear. We must cau- so far as offences are of a minor nature. Convic- tion people in the media against being overreac- tion for membership of the IRA attracted long tive to instances of crime. The media have a sentences in the 1970s and 1980s and such ex-pris- responsibility not to be governed by anecdote but oners would not be eligible to apply for the rather to take account of comprehensive evidence scheme. It is potentially useful in the context of to indicate the broader patterns that apply. the ongoing peace process. We need policies that break the cycle of impris- There is significant support for an increased onment. Our prisons must have adequate facili- use of fines to keep people out of prison. ties and resources to help people move away from Although fines are useful, the statistics indicate a life of crime. The replacement of Mountjoy that 85% of fine defaulters are back in prison Prison cannot happen soon enough. It is an inap- within four years. This is a far higher recidivist propriate environment for the provision of the rate than that applying to other comparative types of services that should be available in a civi- groups of prisoners. The imposition of fines is a lised society. Prison is not all about society’s ven- useful alternative to custodial sentences but it will geance; rehabilitation is equally important. I sup- not keep people out of prison. I support Oppo- port this Bill. sition proposals for a scheme of attachment of earnings to replace the standard fine. It is Mr. G. Murphy: There is no doubt that legis- important this is part of any fines legislation. lation on prisons is necessary if not long overdue. In the advent of a general election, there is gen- This debate affords us a chance to examine the erally much debate about crime. Such debate is antiquated physical structures of our prisons and, generally focused on electioneering and the par- more importantly, it allows us to examine why ticipants are usually concerned with looking our prison system is failing the inmate and, conse- tough on crime and punishment. Some parties quently, his or her community. Despite spending have engaged in scaremongering in an attempt to tens of millions of euro of taxpayers’ money in incarcerating criminals, out system does little to court popular approval. Such activity feeds into prevent former inmates from re-offending. There people’s fear of crime which may, in some cases, is considerable evidence that prisoners add to the be irrational. Crime rates have decreased in the nation’s lawlessness when released. last ten years per head of population. This State is There is, moreover, great validity in the claim one of the safest places to live in western Europe. that our prisons are institutions where relatively It seems that everywhere we go, however, we petty criminals are educated in the art of more are faced with posters and advertisements, includ- serious crime. A study undertaken by the ing some I saw in Donnybrook today, that feed Institute of Criminology at UCD showed that of into this spiral of fear and increase people’s 20,000 prisoners, more than a quarter find them- anxieties about crime. It is not crime that is the selves back in prison within 12 months. Half of greatest problem but the fear of crime. We must them return to prison within four years. This be responsible in our discussion of these issues study outlines the stark reality that detention is because our words may cause some people to feel producing rather than deterring future gener- less safe in their homes. We do not want people ations of criminals. It is an official indictment of to experience a level of fear that goes beyond the State’s failure to run the Prison Service in a natural caution. Once politicisation enters the way that prevents the same people committing debate on crime, the usefulness of that debate is crimes in the future. reduced. The reality is that major improvements Prison must be a place of punishment for have been made and that we were operating from crimes committed but inmates must also be a low base of criminal activity. treated in a way that prevents them committing I am not a supporter of mandatory sentences. more serious crimes in the future. Taxpayers Such sentences apply to drug related crime but provide at least \90,000 per annum to detain each are often not applied because, for example, the prisoner. This is a damn expensive punishment if defendant pleads guilty, thus saving the State the all the system achieves is to train inmates to com- cost of a lengthy trial and the victim the ordeal of mit an even more serious offence when they are giving evidence in court. The mandatory sentence released. The strikingly high rate of re-offending may not be applied because the judge is of the exposes the devastating impact of poverty and view there is absolutely no chance the per- social and economic disadvantage in contributing petrators will be able to rehabilitate themselves to a cycle of crime and violence. The vast in prison. Each case is different and should be majority of re-offenders are under 30 years of treated on its merits. It is completely wrong to age, male, single and unemployed. prejudge; the facts and circumstances of each case One would reasonably expect that these re- are different. We must have confidence in the offending rates should have a major impact on judicial system and the criminal justice system in anti-crime policies, particularly those relating to 1293 Prisons Bill 2006: 1 February 2007. Second Stage 1294 juvenile offenders. It is clear that young people prisons. This has been referred to already but exposed to prison life even for a short time can despite the Minister’s recent attempts to discredit get locked into a cycle that destroys their own the inspector of prisons, the fact is that visiting lives and increases the threat to communities on committees to all the prisons concur in almost all their release. This Bill will not solve this problem. cases with the views of the inspector. Visiting Keeping young people out of prison in the first committees have commented that overcrowding instance is the best long-term way of protecting is a major problem at Castlerea and that Clo- the community while also providing a major cost verhill Prison is lacking an education unit. If one benefit to the taxpayer. The Government’s goes through the list of prisons, one will see a propaganda that extra prison places will help to list of criticisms both from the inspector and the reduce crime rates is nonsense. Twelve years ago, visiting committees. the then Fianna Fa´il spokesman on justice prom- As stated by Senator Cummins in the Seanad, ised zero tolerance of crime through penalties Fine Gael will not object to the provision of a and more prison places. However, after ten years modern and humane prison service. Fine Gael of this Government, crime rates are soaring generally has no problem with the sections which despite what is being claimed. After 12 years talk- deal with videoing conferencing of certain court ing about it and ten years in power, it has come hearings; the placing of the office of the inspector to the conclusion that our prison system needs of prisons on a statutory basis, which we wel- upgrading and new approaches, yet it has not come; matters to be included in the prison rules, learned the lesson that prison must always be the including provision for mandatory drug testing; last resort, particularly for young offenders. creating a basis in legislation for revised dis- Aside from humanitarian considerations and that ciplinary procedures, including an appeals pro- most of the offenders come from a social and cess; the exclusion of non-commercial work from economic background which the Government, the national minimum wage; or creating a statu- with its individualistic, selfish policies, has propa- tory basis for charging prisoners for certain gated, from a purely effective point of view, one optional services. lessens crime by limiting, in particular, the number of young people one sends to prison. Considering that free telephone calls cost the taxpayer over \0.5 million last year, it is time this One lessens crime by putting in place training Government, after ten years in office, stopped and education facilities in prisons for those who must be incarcerated and by spending on release this waste of taxpayers’ money. However, in the at least a proportion of the \90,000 per annum it context of this Government, this sum of money costs to keep a person in prison on the young seems small. One Minister referred to it as pea- person by providing the proper backup and assist- nuts. I agree it is quite small compared to the tens ance to help him or her reintegrate into society. of millions of euro the Government has wasted We need high security, strict regime prisons for on other projects. However, that money could be murderers, sex offenders and drug dealers but we better spent on prisoners after they have been do not need them to pass on their evil skills to released from prison to try to ensure they get the young offenders who are jailed with them. As a proper backup and are facilitated to get back into consequence, these young people mirror their work to ensure the vicious cycle which has been offences in the future. created by neglect over many years is stopped The Government, when in Opposition 12 years and that they are helped in such a way that they ago, kept telling us about the serious crime prob- will not be back in prison in a number of years. lems. It is now ten years in office and crime rates We have serious reservations about the priv- continue to rise. We constantly listen to rhetoric atisation of the prisoner escort service. From from the Government but it still does not seem reading the Bill, I am not sure I fully understand to have learned the lesson. It has failed to realise what the Minister intends. However, I genuinely that more prison places is not the answer. Deputy believe it is the nature of private business to cut Costello, the former Labour Party justice spokes- costs to improve profits. I understand the Mini- man, produced an excellent paper on community ster will appoint a designated prison custody policing. More recently, Deputy Jim O’Keeffe officer in a security company and it would be his introduced a restorative justice paper. However, or her responsibility to ensure standards are met the Minister keeps on with the same old jargon within that organisation. I assume this officer or while crime rates continue to rise. company will use its regular staff to do the actual Let us look at our prisons after ten years of this work. There is no mention of what qualifications Government — ten years in which lack of funding or experience these people will have. The use of could not be used as an excuse. The inspector of private operators will necessarily compromise on prisons, in his most recent report, said St. quality and service. The shortfall in the quality of Patrick’s Institution was a finishing school for service and professionalism provided by a private bullies and rookie criminals, that Portlaoise — firm compared to a State operator will result in the top security prison — should be demolished decreasing security. Private staff may not have and that Cork Prison is totally overcrowded. the required training and the State may leave There are serious concerns that the State could itself open to accusations of human rights be sued over conditions which exist in our violations. 1295 Priority 1 February 2007. Questions 1296

[Mr. G. Murphy.] ment was procured in 2002 from the Dutch armed However, if the Minister insists that every per- forces. It is used to carry out the target acquis- son dealing with prisoners is a qualified desig- ition and fire control of the Bofors EL70 40 mm nated prison custody officer and has proper air defence guns. Each radar unit is capable of mechanisms in place to oversee the process, then controlling three guns and its purpose is to he is in danger of making the service more provide an effective defence against airborne expensive for the taxpayer than the current threats flying at low and very low level. The system. As has been pointed out by others, system has an operational range of up to 20 km. because of the nature of some of the criminals, A crew of two or three operates the system. The gardaı´ would also have to be involved, further complete radar weighs about 6,000 kg and is increasing the cost to the taxpayer. carried on a two axle trailer. There are eight of The Minister’s assurance that he would not these radars in service with the Defence Forces. avail of powers under this section as long as the The system is normally deployed for VIP visits, Prison Service provides a reasonable economic transits and summits. means of transporting prisoners can be taken with The other main radar capability is the Giraffe a grain of salt. He gave a similar assurance to G40 radar. The Defence Forces have one system Garda Sı´ocha´na representative bodies during the in service. This equipment was procured new course of the Garda Sı´ocha´na Bill when he said from Ericssons of Sweden in 1986. It is used to he could not foresee any circumstance which exercise command and control over RBS 70 sur- would make it necessary to set up a Garda face to air missile firing units when deployed. It reserve force during his term as Minister. Fine has an operational surveillance range of up to 40 Gael had no problem with him using that section km and an altitude ceiling of 15 km. It can be to set up the force but we would have a problem used to exercise command and control on up to if he used this section in the Prisons Bill to privat- nine RBS 70 missile firing units. The equipment ise the escort services. has a crew of four — commander, radar operator We have some serious reservations about Part and two operators — and is mounted on a 6X6 4 which deals with the lack of planning arrange- MAN truck. It is deployed regularly for VIP vis- ments for the construction and extension of its-transits and summits. prisons. The normal planning process will not The Defence Forces also operate the apply and any questioning of a decision can only AMSTAR ground surveillance radar. This is a be done by seeking a judicial review. As such a man portable system used mainly by artillery review only examine a decision to see if pro- observers for target acquisition and tracking. It is cedures have been properly followed, there is no capable of detecting vehicles, depending on type, opportunity to go through what we regard as a at ranges of 12 km to 35 km, helicopters at ranges real planning process. We appreciate the building of 10 km to 18 km and infantry at 7 km to 12 km. and extension of prisons can be a difficult prob- It has been deployed on peace support operations lem and see no reason the Minister should go in UNMIL. There are eight of these radars in beyond the recent planning Act for major infras- service with the Defence Forces. tructural projects where the local authorities still The radar assets available to the Defence have a consultative role and An Bord Pleana´la Forces are related to the level of threat and are continues to play a central role ensuring a proper considered by the military authorities to be planning process is conducted. appropriate and adequate in this regard.

Debate adjourned. Mr. Timmins: I thank the Minister for his reply. It appears from his response that the radar capa- Ceisteanna — Questions. bility of the Defence Forces is limited and mainly involves the anti-aircraft section of the artillery Priority Questions. corps. It appears to me that the radar capability of detecting a terrorist threat, the importation of ———— illegal drugs or any illegal activity is limited. I accept that some of these matters may come Defence Forces Equipment. within the remit of the Minister for Transport rather than the Minister for Defence and I do not 1. Mr. Timmins asked the Minister for Defence seek to elicit information from the Minister which the radar capability of the Defence Forces; and if he does not have. However, in his capacity as he will make a statement on the matter. chairman of the national emergency planning [3317/07] group, can he confirm that we have a secondary radar system which can, on occasion, revert to Minister for Defence (Mr. O’Dea): The being a primary radar system? This secondary Defence Forces has a radar capability used for radar system can only identify an aircraft which national security and aid to the civil power has a transponder on board. If the pilot of an air- operations. craft entering Ireland deactivates the transponder The main radar capability of the Defence the aircraft cannot be detected. Furthermore, Forces is the Flycatcher radar system. This equip- some small aircraft may not be required to have 1297 Priority 1 February 2007. Questions 1298 such a transponder. In his capacity as chairman of Overseas Missions. the national emergency planning group, will the 2. Mr. Costello asked the Minister for Defence Minister examine the possibility of acquiring a the number of Irish soldiers who are stationed in primary radar system for the Defence Forces? the Lebanon on peacekeeping duties under the UN mandate; the type of work that is being Mr. O’Dea: Like all small countries and many carried out by Irish soldiers there; the quality of large ones, we have limited air defence capability. rations being provided; his plans to visit the soldi- It has been the experience of large military ers in Lebanon; the present political and military powers, such as the United States which spends climate in the Lebanon; and if he will make a billions of dollars on air space protection systems, statement on the matter. [3315/07] that these systems do not give an absolute guarantee of security. Israel is also incurring huge expenditure on air defence but, as was shown 5. Mr. Gormley asked the Minister for Defence during the recent conflict in Lebanon, the Israeli if he will report on the deployment of Irish troops system does not provide perfect security either. in the Lebanon; if there has been a recent update The best defence against a terrorist attack of of the security risk of the mission; and if he will the sort mentioned by Deputy Timmins is intelli- make a statement on the matter. [3225/07] gence and information. Airport security is vital and that is where the focus of attention has been Mr. O’Dea: I propose to take Questions Nos. 2 in countries which know they cannot afford a per- and 5 together. fect air defence system along the lines of Star UNIFIL was originally established on 19 Wars, which was favoured by the late President March 1978 under United Nations Security Ronald Reagan in an attempt to provide an Council Resolutions 425 and 426, following the absolute defence. Despite the expenditure of invasion of Lebanon by Israel. Its mandate was billions of dollars on the research phase of that “to confirm the withdrawal of Israeli forces, to programme it was found that 100% air defence restore international peace and security and to was not possible, at least in the present state of assist the Government of Lebanon in ensuring technology. the return of its effective authority in the area”. According to the intelligence available to us, The Secretary General of the United Nations the threat of a terrorist attack on Ireland, concluded that as of 16 June 2000, Israel had whether airborne or otherwise, is limited. The withdrawn its forces from Lebanon in accordance measures we are taking are related to the level of with Resolution 425 of 1978, thus partially fulfil- threat, assessed by people who should know. As ling UNIFIL’s original mandate. Since then, a small country we are faced with a choice. We UNIFIL continued to operate in southern can try to cover every possibility in a token way Lebanon, focusing on the remaining part of its or gear up to perform a limited range of tasks to mandate, which was the restoration of peace and a professional level. We have taken the second security in the region. option, as have most small countries. Air defence In response to the July-August 2006 crisis, the systems cost enormous amounts of money and UN decided, under UN Security Council Resol- most are, thankfully, redundant because we are ution 1701, to extend the mandate of UNIFIL to not in a threat situation. If I were given the the end of August 2007 and to increase its troop required amount of money by the Department of strength from approximately 2,000 troops, to a Finance I could think of other areas of defence maximum of 15,000. The Council also decided expenditure where it could be used with much that, in addition to carrying out its original man- more gain to the Defence Forces. date, UNIFIL would also monitor the cessation of hostilities, accompany and support the Mr. Timmins: It is my understanding that a Lebanese armed forces as they deploy through- primary radar system might not cost very much. out Southern Lebanon and extend its assistance Does the Minister agree that the hundreds of to help ensure humanitarian access to civilian small airfields throughout the country are vulner- populations and the voluntary and safe return of able? We are making it easier for people to bring displaced persons. illegal drugs into the country and we should have The nature of the expanded UNIFIL mandate a primary radar system. Will the Minister exam- is such that its role is to be considerably more ine this issue? robust than it was prior to the adoption of Resol- ution 1701, while still operating under Chapter VI Mr. O’Dea: The primary responsibility in this of the UN Charter. matter is with the Department of Justice, At the time of the crisis, Ireland had five Equality and Law Reform and the Garda Sı´och- Defence Forces personnel deployed at the force a´na. The Defence Forces merely act as a backup. headquarters in Naquora. These personnel are The Department of Justice, Equality and Law still in place. However, in response to the Reform has not said such a system is needed to expanded mandate for the mission and a request provide proper backup for its work. If such a from the UN, the Government with Da´il suggestion were made I would examine it in my approval, increased Ireland’s contribution to Department. some 162 personnel. The additional contribution 1299 Priority 1 February 2007. Questions 1300

[Mr. O’Dea.] Mr. Costello: I thank the Minister for his is part of a joint Finnish-Irish engineering bat- detailed response. If I understood the Minister talion which carries out tasks in support of correctly, the total number of Defence Forces UNIFIL, including dealing with unexploded ord- personnel comes to 162. This appears to be some- nance clearance and reconstruction. Ireland pro- what lower than the number projected originally, vides the security detail for the engineering con- which was approximately 200. Can the Minister tingent from Finland. While the Irish element is explain why the maximum number of troops that tasked primarily for reconnaissance, security and was available was not sent? protection duties associated with these engineer- Can the Minister clarify the nature of the tasks ing works, it is also available to undertake other in which the troops are engaged? What is the nat- tasks at the request of the UNIFIL force com- ure of the support work for the Finnish troops mander. Initial deployment will be for one year, mentioned by the Minister? Moreover, although subject to renewal of the mandate and a satisfac- the Minister stated they could perform other tory review of the mission at that time. work, presumably they have not been requested A key aspect and the primary concern in to so do. Are they likely to be asked to do so or respect of participation in any mission is the is it likely they will remain purely in a supportive safety and security of Defence Forces personnel. capacity for the duration of their mission? Prior to deployment, the Defence Forces under- The political climate appears to be quite vol- took a joint reconnaissance mission with their atile. That said, is it the case that the military cea- Finnish colleagues. Following consultation with sefire is holding and that there is no real action the Finns, UNIFIL and other parties, it was deter- on the ground? Have the Irish troops been under mined that there is no direct threat to UNIFIL fire at any time since their arrival? They have personnel. That said, the uncertain and volatile been deployed there for approximately three and situation means that incidents, misunderstandings a half months. or wider political developments all have the In respect of the rations, is it not correct that potential to impact negatively on the peace- the only rations available to the troops on their keeping operation. The large quantity of cluster- arrival were year-old prepacked Army rations bomblets and other unexploded ordnance also and that they were without fresh food? This was presents a risk. While there have been political highly inadequate and left much to be desired as difficulties and some civil unrest in the country there was sufficient notice of the contingent’s recently, the ceasefire in southern Lebanon seems departure. Fresh and hot food, as well as dining to be holding and the Defence Forces have facilities, could have been arranged in advance. assessed the overall threat as being low within a volatile situation. This is not dissimilar to that Mr. O’Dea: In respect of the numbers, I cannot encountered by Irish personnel on other peace recall any specific statement to the effect we support missions. This continues to be the assess- planned to send 200 troops. I believe the phrase ment of the Defence Forces and I am satisfied used was “up to 200”. that all appropriate security measures are in place to ensure the safety of the Defence Forces per- Mr. Costello: It was a round figure of approxi- sonnel serving in Lebanon. mately 200 troops. For the first few days after the initial deploy- ment on 31 October, pack rations, supplemented Mr. O’Dea: It was a maximum of 200 troops. with locally purchased breads, fruits and veg- As the Deputy is aware, this is a joint operation etables, as well as additional food items shipped with the Finns. We took advice from the Finnish from Ireland, were provided to all personnel. armed forces as to the kind of detail they Commencing on 4 November 2006, a hot meal required of us. The number arrived at comes to was provided daily from field kitchens. The 157 troops, in addition to the five personnel who dining facility in the camp was opened on 6 were already there and the Finns regard this to December 2006, with hot food served at all three be quite sufficient. meals daily. The Defence Forces have assured me As for the task itself, in essence the Finnish that the food served in this camp is to a high stan- contingent is an engineering brigade that will be dard and the bill of fare provides a balanced diet involved in two things. First, it will be involved in of meat, vegetables, potatoes, fruit, pasta, rice reconstruction work, of which a great deal is and dairy products. As Members will appreciate, needed in Lebanon. Second, the Finns will be this is a new operation in a new camp and it takes engaged in clearing unexploded ordnance. The time to put in place all the required facilities. job of the Irish contingent is to provide them with While I had planned to visit the Defence protection as they carry out such work, lest they Forces contingent in late November, the Chief of come under attack. I suspect the Chief of Staff Staff advised me to defer my visit until the new probably advised me to hold back from visiting year when the mission was better established and before now because most of the activity thus far had a more detailed understanding and assess- has centred on the camp’s establishment, which is ment of the operation and the security situation. a major job. I now look forward to visiting the contingent In addition, once deployed the Irish are at the towards the end of this month. disposal of the UNIFIL force commander, who 1301 Priority 1 February 2007. Questions 1302 can request them to perform other duties within though Lebanon is the sort of place in which one their area of operations. As yet, I am unaware encounters people selling hamburgers and hot of any tasks he has asked them to perform. For dogs on the side of the street. It is somewhat too example however, he could ask them to perform dangerous for such activity escort duty, patrols, etc., which would be beyond the protection duties being carried out at present. Mr. Gormley: They have falafel. It is true that the political climate has been vol- atile. As the Deputy is aware, Hizbollah is trying Mr. O’Dea: The Deputy’s tastes are more to pressurise the Lebanese Government to either exotic than mine. cede more power to itself and its Christian allies or, alternatively, to resign. A number of demon- Mr. Gormley: That is Lebanese taste. strations were held in December and January that culminated in a public strike on 23 January. I Mr. O’Dea: That might not be to everyone’s agree this makes for a dangerously volatile taste. situation on the ground. Nevertheless, the cease- fire appears to be holding well. I keep in touch Mr. Costello: It is not as volatile as Limerick. with the situation on a daily basis and if it wor- Mr. O’Dea: Limerick has quietened down con- sens dramatically, the Government will be siderably. obliged to take whatever action it deems to be This is the position. Incidentally, I have moni- necessary. It will do so in conjunction with, and tored this issue closely and have been assured by on the advice of, the personnel on the ground. the Chief of Staff and the top Army brass that all Deputy Costello asked whether the Irish troops is hunky-dory in respect of the food in Lebanon had come under fire. Thus far, the Irish troops and that the troops are extremely happy with have not come under attack from any source and their fare. they have been far away from the action. From the time of their arrival, there has been very lim- Mr. Gormley: I thank the Minister for his reply ited action in the Lebanon. Most incidents and I wish our troops well. As the Minister has occurred in the immediate aftermath of the cease- noted, the situation is highly volatile. The troops fire in the middle of August. are undertaking this mission in conjunction with the Finns. Is the Minister aware the head of the Mr. Costello: The Irish must have frightened UN mine action co-ordination centre, Mr. Chris them. Clark, has stated that the de-mining efforts in Mr. O’Dea: As for the question on rations, my Lebanon have been seriously hampered by the information is that for the first few days after the lack of co-operation from the Israeli authorities? contingent’s arrival, essentially they consisted of He claimed that while the Israelis had handed cold food or prepacked rations. In addition over maps of the areas occupied, these had pro- however, I am informed that certain foods were ved to be useless in the de-mining effort and that purchased locally and the rations were sup- a list of the types of ammunition fired was plemented by some foodstuffs imported from required. Such a list is readily available to the Ireland. I can provide the Deputy with more Israelis because the delivery of cluster munitions details in this regard. After three or four days, is controlled by computer. Can the Minister con- they were in a position to provide at least one hot firm whether there has been a lack of co-oper- meal per day. A couple of weeks later, the ation on the Israeli side? Is it hampering the kitchen became operational on 6 December and efforts of our troops in Lebanon? If so, has the subsequently they were able to provide three hot Government made any representations to the meals per day. Israelis on this matter? What contact on the ground has there been with the Israelis? Mr. Costello: It was a couple of months later. We have talked about the volatile circum- stances in the area. General Sulaiman of the Mr. O’Dea: The period from 1 November to 6 Lebanese Army has said that up to 60% of the December is only five weeks. force is Shia. There is a real danger that they could go over to Hizbollah. If that happens, it will Mr. Costello: Some of them had been in situ not be so hunky-dory, to use the Minister’s words. since October. Have our troops on the ground had contact with Hizbollah commanders? Surely that is the best An Ceann Comhairle: I ask Deputy Costello to way to ensure there will not be any attacks and allow the Minister to reply as we are running out that Hizbollah does not have those intentions. of time. Mr. O’Dea: I am aware of Mr. Clarke’s state- Mr. O’Dea: It was a period of five weeks from ment. We must bear in mind that the Irish are 31 October. This is not unreasonable as it takes not directly involved in clearing the unexploded some time to get such facilities up and running. ordnance. Clearing that ordnance is the Finn’s The hot food to which Deputy Costello refers is task and the Irish are merely providing protection provided from within the camp. It is not as for them while they are doing so. It appears the 1303 Priority 1 February 2007. Questions 1304

[Mr. O’Dea.] Mr. O’Dea: In February 2006 the Chief of Staff necessary co-operation is not in place. We would appointed Colonel Tom Behan to examine all prefer if the Israelis had been more co-operative. aspects of the Niemba ambush. I accepted the The Irish Government criticised the Israeli Army findings of his report and addressed the matter after the conflict for their use of this weaponry. during Priority Questions on 16 November 2006. I am informed that the UN mine action service I reiterate my congratulations to Colonel Behan identified 842 cluster bomb strike locations in for the time and effort he has expended in south Lebanon with an estimated 1 million unex- researching this sensitive and harrowing episode ploded cluster munitions contaminating the area. in Irish military history. This is quite serious. The ambush occurred almost 46 years ago. It The Government has been critical of the Israeli was the first such action involving the horrific Army for its use of this weaponry. As Deputy deaths of Defence Forces personnel on a scale Gormley knows, we have been seeking a legally which still remains unique. It has never been very binding international agreement on the use of this far from public consciousness and I would like kind of weaponry, particularly in built-up areas. again to publicly acknowledge the sacrifice made We have made some progress on that and have by all the members of the patrol at that time and had much help internationally. extend my deepest sympathies to the families of Irish Army commanders in the Lebanon have all those who died. been and remain in touch with the Israelis, partic- On 8 November 1960, an 11 man patrol com- ularly with regard to the task of mine clearance. manded by Lieutenant Kevin Gleeson was I do not know whether there has been any direct attacked by a large number of Baluba tribesmen contact between the Army and Hizbollah. I can while on patrol from their base at Niemba and make inquiries about this and let Deputy were quickly overwhelmed. There are two princi- Gormley know. I presume there may have been pal areas of controversy in regard to the record some informal contact. of this ambush both concerning Trooper Browne To answer the Deputy’s main question, there is and Private Kenny. The first question is where a certain lack of co-operation from the Israelis. exactly did Trooper Browne die. From the exten- The Israelis have first-hand knowledge of where sive research and interviews carried out by these things are located. I hope we have collec- Colonel Behan, both from military and civilian tively persuaded the Israelis to be more forth- sources, his final conclusion is that Trooper coming as this unexploded ordnance presents a Browne fired his weapon to distract the Baluba danger not only to UN forces, including the Irish, attackers from their task of beating Private but also to civilians in southern Lebanon who Kenny to death. He further concludes, on the have suffered quite enough. Some 1,000 civilians balance of probabilities, that Trooper Browne were killed directly in the conflict, more than managed to then escape his pursuers, wounded or 4,000 were injured and 30,000 homes were otherwise, making his way to the village of Tund- destroyed. I hope more co-operation will be ula only to be killed by hostile Balubas two days forthcoming. The sooner this co-operation is later. Therefore, the previous supposition that he forthcoming the more quickly we can get the job died at the ambush site and that Baluba tribes- done. men carried away his remains cannot be substan- tiated. Likewise, the conclusion outlined above Mr. Costello: Ceann Comhairle, I would like to that he died at Tundula cannot be definitively ask the Minister—— substantiated. The second area of controversy in regard to the An Ceann Comhairle: I am sorry Deputy. We record of the Niemba ambush is what Trooper have spent 16 minutes dealing with this question Browne did to contribute to the survival of and only 12 minutes were allotted. I would like Private Kenny. The report clearly concludes that to facilitate the Deputy, but then I would have to prior to his escape from the ambush site, Trooper facilitate Deputy Gormley. I must call the next Browne fired his weapon at the Balubas who question. were intent on beating Private Kenny to death, thereby distracting them and saving his life. The 3. Mr. F. McGrath asked the Minister for medal board convened in 1961 awarded Trooper Defence if his attention has been drawn to the Browne the Military Medal for Gallantry. fact that a recent Army report on the circum- Despite Colonel Behan’s research of all the stances of the Niemba ambush in the Congo on 8 available reports, consultation, interviews and November 1960 has been rejected by both sur- direct evidence, there is no absolute certainty vivors of the ambush; if he is willing to speak to achievable in regard to these two matters of the survivors who claim the report contains inac- controversy. Colonel Behan sets out in his report curacies, has omitted important information and that he is satisfied there is no material extant misrepresented their views; if his attention has which he did not uncover and which would further been drawn to the fact that both men are provide new evidence capable of proving conclus- calling for an independent and unbiased report ively any one version of the events which are the on the Niemba ambush; and if he will make a subject of dispute in relation to the Niemba statement on the matter. [2883/07] ambush. Equally he is clear about the lack of 1305 Priority 1 February 2007. Questions 1306 definitive material which could establish beyond the Balubas they might be able to throw more doubt all what occurred in the course of the light on the matter. It is almost certain that Niemba ambush. It must be borne in mind that neither of the two eye-witnesses to whom we can only two known living persons could ever have talk is aware of all the circumstances because this known what exactly happened in this action and was a fraught situation in which they were under it is a certainty that neither of them were aware fire and in danger of their lives. Deputy Finian of all the events which took place in the course McGrath suggested appointing an independent of the action. person to carry out yet another report but we Accordingly, I am satisfied there is no more to should focus on rehabilitating the two soldiers, be gained by holding an independent inquiry. I which I propose to do by acknowledging their would instead like to focus on how best their con- contribution at a public event and presenting tribution can be suitably recognised and them with a commemorative plaque to recognise honoured. what they did. An assumption underlies the question about Mr. F. McGrath: I agree with the Minister that Dr. O’Donoghue’s submission but Colonel Tom this is a sensitive and harrowing issue for the Behan considered all the extant material relevant families and people directly involved. I commend to the case and interviewed every rel- our UN soldiers for their work on many difficult 4 o’clock evant person. His firm conclusion missions. was that no further material which Truth rests at the core of this issue and we need would throw any more light on the matter was the truth to come out. In view of the grave accu- extant. If that is the case I do not see the merit sations concerning the recent Army report on in holding a further inquiry. Our efforts should Niemba, will the Minister undertake to personally focus on doing everything possible to rehabilitate meet with both survivors, Mr. Tom Kenny and the reputation of the two men in question. I Mr. Joe Fitzpatrick, to take account of their mis- recognise that they endured a horrific ordeal and givings? Will the Minister consider the merits of I commend them on their selflessness, courage appointing an independent person, not associated and dedication. I regard them as outstanding with the Army, to take evidence from both sur- examples of what Irish soldiers abroad should be vivors and consider other vital evidence omitted and hope to acknowledge that at a public event from the Army report, such as that of the Swedish in the next couple of months. officers who acted as interpreters for our troops I am sorry to hear the soldiers feel they have in the Congo? Is the Minister aware that the not been vindicated by the report. I suspect the Army has refused to answer serious questions reason is the report makes its conclusions on the from the Niemba survivors that have arisen over balance of probabilities because Colonel Behan, the accuracy and reliability of this report? Is the an independent person of the highest integrity, Minister aware that both survivors feel their says there is not enough material to enable him names have not been cleared by the report? Can to come to a conclusion beyond reasonable the Minister confirm he has received a written doubt. My proposal to publicly acknowledge the request from the Taoiseach to further investigate contributions of ex-private Kenny and Fitzpatrick this matter? If so, what does he intend to do to will go a long way to satisfying them. I do not bring this unfortunate affair to a satisfactory know if I can completely satisfy the doubts that conclusion? remain but I will do my best. Surely the survivors deserve more than an inconclusive report by the Army which appears to Commemorative Events. be hiding the truth behind the events at Niemba almost 50 years ago. I commend the work carried 4. Mr. Timmins asked the Minister for Defence out by Dr. David O’Donoghue in his book The the plans he has to commemorate the Easter Irish Army in the Congo 1960-64: The Far Bat- Rising in 2007; and if he will make a statement talions. Much valuable research was carried out on the matter. [3318/07] and published in this book. Is the Minister aware of the information contained in it? Mr. O’Dea: A commemoration will again be Does the Minister recognise that Private held this Easter Sunday at the GPO to mark the Kenny and Private Fitzpatrick survived a horrific anniversary of the Easter Rising of 1916. Follow- encounter, showed great courage and acted in the ing discussions at the all-party Oireachtas com- interests of their country? I urge the Minister to mittee it has been decided that the format of this meet these two individuals. year’s commemoration will be a military cere- mony centred on the GPO with appropriate Mr. O’Dea: Deputy McGrath says he is military honours rendered. There will not be a interested in the truth. So are we all; the truth is parade along the lines of the 2006 ceremony. what we want. Unfortunately, it is sometimes not However, there will be a reading of the procla- possible to definitively establish the truth of an mation and a flag-raising ceremony similar to event that happened in the past. This ambush what happened in last year’s successful ceremony. happened 46 years ago. Only two eyewitnesses The exact details of the ceremony are being are alive whom we can trace. If we could talk to finalised at present by an interdepartmental com- 1307 Other 1 February 2007. Questions 1308

[Mr. O’Dea.] transferred to Dublin City Council in December mittee involving my Department, the Defence 2006 as specified by the Department of the Envir- Forces, the Department of the Taoiseach and all onment, Heritage and Local Government for a other relevant Departments and agencies. There- nominal consideration. fore, I am not in a position to comment further How land at the remaining three locations on the details of the organisation. might play a role in the delivery of the housing initiative is a matter in the first instance for the Mr. Timmins: Did the Minister say the cere- Department of the Environment, Heritage and mony will take place on Easter Sunday? Has he Local Government, which is the lead Department any idea of the numbers that may be involved? for the development of the affordable housing Does he foresee in the future a ceremony like the initiative. The legal formalities relating to the one that took place last year or would such an transfer of lands at these locations are being pro- event have to wait until the centenary? I do not gressed in consultation with that Department and think he will be in his job for long enough but the Chief State Solicitor’s office. does he foresee a minor parade for the next few As part of the Government decision to close years? and sell six barracks in 1998, it was decided to make provision for a contribution to local com- Mr. Gormley: Will it be televised live? munities in the areas involved. In this context, arising from the sale of Murphy Barracks, Ballin- Mr. O’Dea: The ceremony will take place on collig, comprising approximately 150 acres, an Easter Sunday. I cannot give the exact numbers area comprising approximately 27 acres is being but they will be considerably lower than last year. transferred free of charge to Cork County It will be a simple military ceremony, centred on Council for community use. the GPO and involving the raising of the flag and reading of the proclamation. I cannot control In addition, an area comprising approximately what is envisaged for the future but the commit- seven acres at Devoy Barracks, Naas, County tee met on 21 November and will meet again to Kildare, was ceded free of charge to Naas Urban finalise arrangements for Easter Sunday, when District Council for community purposes at the we can add to or subtract from them according to time of the closure of the barracks. A further 14 the Deputy’s suggestions. At the moment a acres were sold to that authority for approxi- \ number of minor parades is envisaged for the mately 8.9 million while the balance of the bar- immediate future. They may grow as we build rack lands, one acre, was sold to Kildare County \ towards the centenary. I will let the Deputy know Council for approximately 400,000 in 2002. what the committee proposes and will listen con- Finally, an area comprising approximately 19.2 structively to his suggestions. acres at the former Fitzgerald Camp, Fermoy, was sold to Cork County Council in 2001 for Question No. 5 answered with Question approximately \1 million for economic develop- No. 2. ment of the site in conjunction with IDA Ireland. As part of a separate arrangement an area Other Questions. comprising approximately ten acres at Ringas- kiddy was transferred from my Department to ———— the Department of Education and Science in 2002 as a site for the National Maritime College. There Defence Forces Property. was no transfer of funds involved as the lands were made available as my Department’s capital 6. Mr. O’Dowd asked the Minister for Defence contribution to the development of a project the quantity of land, its location and the funding which is used jointly by the Naval Service and the received that was allocated to other Departments Cork Institute of Technology. or State agencies for below market value between 2000 and the end of 2006; and if he will make a The Government decided in 2000 that Spike statement on the matter. [2773/07] Island, County Cork, would be transferred to the Department of Justice, Equality and Law Mr. O’Dea: The Government decided on 1 July Reform. The island, which had been under the 2003 that Magee Barracks, Kildare, and lands at administration of that Department since 1985, Gormanston Camp, County Meath, would be was formally transferred in 2002 for a nominal \ among the State property released to the relevant consideration of approximately 65,000. local authorities for inclusion in the Sustaining A small area comprising approximately 0.25 Progress affordable housing initiative. On 16 acres at Castlebar Military Barracks, County December 2003 the Government agreed to the Mayo, was dedicated to Castlebar Town Council release of approximately two acres of lands at the in 2004 for use as a car park and pedestrian facili- Camp Field, Collins Barracks, Cork, for inclusion ties for a nominal consideration. in the initiative, as well as 2.5 acres at St. Bricin’s From time to time land at various locations has Military Hospital, Dublin. The latter site was been dedicated to local authorities to allow for 1309 Other 1 February 2007. Questions 1310 projects such as road widening or realignment Regarding Kilworth, the amount of land in schemes. question is approximately 50 acres to 100 acres. It is a loose figure. As Deputy Timmins knows, Mr. Timmins: Does the Minister agree that it we own several thousand acres at Kilworth. A is difficult for the Ministry of Defence to obtain joint working group has been established funding at the Cabinet table? The sale of prop- between the Departments of Defence and Justice, erty is one way money can be found for rein- Equality and Law Reform to draft proposals. I vestment in refurbishing buildings and procuring am advised that, as we speak, the group is exam- equipment, which has happened in recent years. ining the site in Kilworth. Much of the portfolio of lands listed by the Mini- ster was sold undervalue. He probably will not be Mr. Timmins: The Minister for Justice, around much longer to do so but it is important Equality and Law Reform is in his JCB and wel- to make clear to the Minister for Finance that lingtons. much money which could have been reinvested in equipment and facilities for the Defence Mr. O’Dea: The working group. Forces has gone to other Departments with nothing in exchange. I do not know what percent- Mr. Costello: Does the Minister agree that the age of the true value was achieved in these deals sale of Clancy Barracks was a disastrous deal for but it seems nominal in many cases, to the detri- his Department? Dublin City Council made a bid, ment of the Defence Forces. I call on the Minister but it was quoted an asking price of £40 million, to bear that in mind when he next seeks funding which was more than it could afford. In 2004, the \ from the Minister for Finance for much needed land was sold for 25 million to Florence Proper- equipment and refurbishment work for the ties Limited, a private developer, but it has not Defence Forces. been developed. Some 13.65 acres beside \ Will the Minister comment on the progress of Heuston Station is worth at least 50 million. the proposal by the Minister for Justice, Equality Mr. Gormley: Yes. and Law Reform to build a prison at Kilworth Camp? How much land would be required? The Mr. Costello: The Department of Defence Thornton Hall purchase on the north side of would not make it available for less than £40 mil- Dublin was controversial and costly. Does the lion to the local authority, which wanted to build Minister know how much land must be given to social and affordable housing, but it sold it for the Department of Justice, Equality and Law almost half the price to a private developer. Reform to build this facility? Mr. O’Dea: I do not know the details of the Mr. O’Dea: Traditionally, it has been difficult case. It occurred before I entered the Department for the Department of Defence to get money at of Defence. the Cabinet table, but we have moved on from \ that situation. Last year, more than 1 billion was Mr. Costello: I would not attempt to blame the spent in the defence Estimate for the first time. Minister, but would he agree that a deal of that Since 1997, sales of land re-invested in equipment nature is a disaster? and buildings have amounted to more than \90 million. We continue to keep the situation under Mr. O’Dea: I am unaware of the details. I review. would need to hear both sides of the story. I must The matter of land transferred at nominal or talk to my officials before agreeing or dis- below value or for free falls into two categories, agreeing, but I will make inquiries. Was it both of which result from Government decisions. Clancy Barracks? In 1998, when the Government decided to sell six barracks, it also decided to make some of that Mr. Costello: Yes. The Minister can take it that valuable land available for public use, such as all 52 members of Dublin City Council agreed amenity areas, etc. The decision was welcomed that Clancy Barracks should be bought for the widely on all sides of the House and it has been benefit of the citizens of Dublin so that social and followed through. In 2003, the Department of affordable housing could be constructed. The Defence, one of the land-owning Departments, Defence Forces and the Department of Defence was instructed to provide some lands to assist the put a price of £40 million on it, exorbitant at the social and affordable housing initiative. This was time, but it was sold for \25 million shortly after- laudable and everyone considered it a good idea. wards to a private developer who has not yet Anyone who attended last year’s military parade turned a sod on the site. saw how much state-of-the-art equipment the Army has. The investment in equipment and Mr. Gormley: My constituents are in dire need improving barracks throughout the country, of social and affordable housing. I appreciate that which has run into tens of millions of euro in the Minister is directed by the Department of the recent years, will continue. Environment, Heritage and Local Government to 1311 Other 1 February 2007. Questions 1312

[Mr. Gormley.] training or instruction or for undertaking part- dispose of military barracks in some cases, but icular authorised duties. The pay and allowances would he be prepared to make a case for Cathal are at the same rates and under the same con- Brugha Barracks to be made available to my con- ditions as those of members of the Permanent stituency of Dublin South East? That good ges- Defence Force with the exception of the uni- ture on his part would be appreciated. form allowance. In addition, reserve personnel who undergo a Mr. O’Dea: Does the Deputy mean sell Cathal total of seven days annual training or an aggre- Brugha Barracks or make some of the land gate of seven days training plus duties receive a available? week’s pay at the relevant regimental rank rate as well as a tax free gratuity appropriate to their Mr. Gormley: The latter. For social and afford- ranks. The gratuity is a measure of reimburse- able housing. ment on account of losses, expenses and dis- abilities incurred by them consequent on their Mr. O’Dea: We keep our property portfolio obligations. under constant review. What we dispose of is As Deputies will be aware, the White Paper set regarded as surplus to requirements at a part- out a blueprint for a new reserve. It has a clearly icular time. If the Deputy wishes, I will examine defined role, an enhanced relationship with the the barracks to determine whether any land is PDF, better equipment and training and will have surplus to requirements and communicate with the opportunity to serve on overseas peace sup- him. port missions. The Reserve Defence Forces Review Implementation Plan, which was formally Defence Forces Reserve. launched in July 2004, is on schedule. My primary 7. Mr. Penrose asked the Minister for Defence focus has been on meeting the challenges if he will make provisions for retiring members of presented by this ambitious plan for the new the Reserve Defence Forces to receive an honor- reserve. arium in recognition of their years of voluntary There are, therefore, no plans to change the service to their country; and if he will make a relevant regulations to provide for an honorarium statement on the matter. [2810/07] for retiring members of the reserve. The current provisions give recognition to the excellent 258. Mr. Costello asked the Minister for service of such members and provide an appro- Defence if he will make provisions for retiring priate reward, given the voluntary nature of that members of the Reserve Defence Forces to service. receive an honorarium in recognition of their years of voluntary service to their country; and if Mr. Costello: I thank the Minister for his reply. he will make a statement on the matter. Members of the reserve are appreciative of the [3316/07] seven year bar and second bar medals, but I put it to the Minister that he is referring to a voluntary Mr. O’Dea: I propose to take Questions Nos. 7 service provided for a long period. People who go and 258 together. about their ordinary business in their communi- Service in the reserve is rendered on a volun- ties volunteer a great deal of their time and are tary part-time basis. I am aware of the time and not in receipt of remuneration for the time spent effort that its members give freely by participat- in training, on exercises or at meetings or for the ing in training and other activities in their own service they provide. They are the country’s time. Their willingness to serve in a voluntary second line of defence. capacity and the dedication and enthusiasm they As the period in question is long and includes display consistently is appreciated in their local the FCA, we are speaking about tens of thou- communities throughout the country and by the sands of citizens who were prepared to give up Government. their time loyally and patriotically to provide a In recognition of their valuable service, medals service. Now that there is an integrated approach and bars are issued to members of the Defence to the Permanent Defence Force and the reserve, Forces as prescribed in Defence Forces regu- the latter’s members’ status has been enhanced. lations. Members of the Defence Forces Reserve An honorarium or ex gratia contribution made by are awarded the service medal on completing the State would, alongside the medals, be an seven years satisfactory service. This recognises appropriate token of appreciation and recognit- their service and contribution to the Defence ion for service provided during an extended Forces and the State. A bar is added to the medal period. We are not discussing a large sum of on completing 12 years satisfactory service and a money, but a relatively small sum. I ask the Mini- second bar on completing 21 years satisfactory ster to reconsider his decision. service. Members of the reserve receive payments in Mr. Timmins: I agree with Deputy Costello, respect of attendance at specified courses of many of these people gave dedicated service and 1313 Other 1 February 2007. Questions 1314 it would be a sign of the appreciation of the State Browne’s death remains an open question. It if something could be given to them when they should be stressed that this in no way calls into retire from the Reserve Defence Forces. question the validity of the award of the military medal for gallantry to Trooper Browne. I Mr. O’Dea: Strictly speaking it is incorrect to accepted this recommendation and I used the say they are not remunerated for what they do. occasion of my last Da´il appearance to update the They are not remunerated for weekly training, record in this regard. which they do in their spare time, but when they The second recommendation is that Thomas attend their annual training camp, if they are Kenny and Joseph Fitzpatrick should have their there for a minimum of seven days, they will be reputations copperfastened by official recognition paid for the seven days at the relevant regimental and an acknowledgement that they survived an rate up to a maximum of 14 days. horrific encounter with hostile forces, displaying courage, fortitude and tenacity to survive until Mr. Costello: That is out of their holiday finally rescued. As I have previously outlined to period. the House, and I reiterate here, I wholeheartedly recognise and acknowledge that both Private Mr. O’Dea: They are also paid when they go Kenny, particularly in view of the serious wounds on specific training courses and on specific secur- and injuries he sustained, and Private Fitzpatrick ity duties. survived a horrific encounter with hostile forces, According to the figures available to me, the displaying courage, fortitude and tenacity to sur- Reserve Defence Force personnel may be paid vive until finally rescued. I commend them both for up to a maximum of 42 days in a year for on the selfless service they have given their attending under the headings I outlined. There country. are, however, exceptions to this on sanction by Colonel Behan’s third recommendation is a the Department. In 2006, 25 reservists completed public acknowledgement, preferably at minis- an average of 50 days, with a minimum of 43 and terial level, of the feat of survival and the trauma maximum of 64 days for which they were paid. and suffering that this horrific incident visited on Service in the Reserve Defence Forces is vol- both men, with particular emphasis on Private untary, these people are interested and giving Kenny by virtue of the most serious wounds and voluntarily of their time. I am unaware of any injuries he sustained. It is important that a serious other country where such a gratuity or redun- effort is made in public to reintegrate Tom Kenny dancy payment is paid to a member of the and Joe Fitzpatrick into the Defence Forces defence forces reserve. In deference to Deputy family. As I have previously outlined to the Costello raising the issue, a case for a payment House, it is my intention to so do and to that end on retirement or cessation of membership of the the Chief of Staff has proposed that appropriate Reserve Defence Forces has never been made to public recognition of Mr. Kenny and Mr. me by any of the representative organisations. If Fitzpatrick be arranged on the day of an overseas they want to make a case, that is fine, I will listen. parade. The UNIFIL review of troops, which is I do not want to raise expectations unnecessarily scheduled for Cathal Brugha Barracks at the end but I will hear those who want to make a case. of April, would appear a suitable venue and occasion. Overseas Missions. Colonel Behan does not recommend the award 8. Mr. Howlin asked the Minister for Defence of medals to the two men and I have accepted his the steps he has taken to implement the findings recommendation in this regard. of the Behan report into the Niemba Ambush in The final recommendation is that the family of the Congo in 1960; and if he will make a state- Trooper Browne should be informed if the ment on the matter. [2803/07] decision is taken to accept that the precise location of his death cannot be definitively estab- Mr. O’Dea: In his report Colonel Behan made lished. I understand that Colonel Behan has five recommendations, each of which I will now briefed the family of Trooper Browne and they address in turn. indicated that they had no difficulties with the The first recommendation is that in the light of report. his research and study, the record of Da´il E´ ireann should be amended in regard to the location Mr. Costello: I thank the Minister for that where Trooper Browne died. While no definitive reply. In his last appearance in the Da´il, he men- conclusion can be reached regarding the precise tioned that he intended to find a suitable event location of Trooper Browne’s death, the prop- to honour both men and I welcome the decision osition that the Baluba tribesmen carried his to mark the occasion at an overseas function at remains from the ambush site cannot be substan- the end of April at Cathal Brugha Barracks. tiated and should be withdrawn. Likewise, the Could the Minister expand on that? conclusion that he died at Tundula cannot be sub- Would the Minister reconsider awarding the stantiated. The precise location of Trooper medal to the two survivors? As the Minister 1315 Other 1 February 2007. Questions 1316

[Mr. Costello.] them. I informally met Mr. Fitzpatrick in the acknowledged, they endured and survived an hor- House the last time I took parliamentary ques- rendous experience and there is no question tions. I had a few brief words with him because I about their courage and commitment in such cir- did not have the opportunity to speak to him in cumstances. Both of them would like a medal and detail. If he wishes to see me, I am open to meet- Joe Fitzpatrick believes nothing less would be ing him. adequate. The military archives indicate an inaccurate Mr. Costello: I thank the Minister for his reply version of the manner of Trooper Browne’s and I will make the necessary arrangements. The death. Has the history of his unit been changed reason I asked the Minister to review the award- to reflect Colonel Behan’s report? ing of a medal is the men have suffered for almost Deputy Finian McGrath mentioned meeting 47 years and they have had a cloud over their the two men but Tom Kenny does not want to good names and that of their families. These are meet anyone at this time. Joe Fitzpatrick, exceptional circumstances, which fall way beyond however, is anxious to meet the Minister. the call of duty. The Niemba ambush was the most catastrophic incident in all our overseas mis- Mr. O’Dea: We examined how best to com- sions and these two survivors have been under a memorate what happened in the contribution of cloud for almost half a century. Colonel Behan both soldiers in a public way. The Chief of Staff has clearly vindicated them and these are excep- suggested that the UNIFIL parade that will take tional circumstances. Rather than rely on his place in Cathal Brugha Barracks at the end of recommendation, perhaps the Minister might April might be a suitable public occasion because refer the case to the Chief of Staff for his opinion. it will attract a lot media attention. Not only will we publicly recognise them at that event but, as Mr. O’Dea: I accept the Deputy’s comments Minister for Defence, I will also present them but the military authorities have concluded that with a plaque or something of that nature. We these circumstances, however harrowing and dif- have decided to do that unless something more ficult they may be for the individuals involved, adequate is proposed. are not sufficient to warrant the award of a medal Most people who went abroad on service with for gallantry under the relevant criteria. the United Nations faced immediate danger and However, I do not wish to pre-empt any dis- came under fire but not all of them have been cussion I have with Mr. Fitzpatrick or anybody given medals. The Army is sparing in distributing else Deputy Costello wishes me to meet. Mr. medals because it does not want to devalue those Fitzpatrick’s public representatives can make it gives for exceptional bravery and gallantry. If their own case to me on a one-to-one basis and I we gave a medal to everyone who was involved would be happy to listen. in a dangerous situation and who showed courage It would not be good practice to refer matters under fire, and all of those who go overseas are arising from Colonel Behan’s report to the Chief courageous by nature, it would devalue the worth of Staff, given that he appointed the colonel of those medals. because he was eminently suitable and qualified I will leave the last word on this to the military to carry out this inquiry. He carried it out to the authorities. Colonel Behan examined the best of his ability. He is an outstanding military situation carefully and decided that if people officer and a person of the highest integrity. I am showed bravery, which is part of their job, and disposed to accepting the conclusions and recom- experienced danger, something faced by every mendations in his report. soldier serving overseas, there was nothing extra that would enable him to conclude these men be Departmental Bodies. given special recognition. The Army has had rep- 9. Mr. Timmins asked the Minister for Defence resentations made to it by the families of people the recent improvements made to the military who died in action that they should be awarded archive facility at Cathal Brugha Barracks, medals posthumously and in all of those cases it Dublin; and if he will make a statement on the refused. It takes exceptional action to get a medal matter. [2761/07] but I leave this to the military authorities and Colonel Behan has not recommended the award- Mr. O’Dea: Some \400,000 was spent in 2005 ing of a medal. I am bound by that because to improve facilities within Cathal Brugha Bar- Colonel Behan carried out a detailed investi- racks, where the Military Archives are housed. gation into all of this. He is an experienced officer The intention was to secure the archive while the and I do not want to second guess him. requirement for a more suitable home for it was If there is a need to correct them, that will be identified. The military authorities advise that the done, if has not been done already. I have no dif- Military Archives has three staff and that a total ficulty with meeting Mr. Fitzpatrick or Mr. five staff would be sufficient to meet the current Kenny. If the Deputy or any Member wishes to demands on the archives. To achieve the appro- make an appointment, I would be happy to meet priate staff level, I have directed that, if qualified 1317 Other 1 February 2007. Questions 1318 military personnel are not available, civilian staff grounds while the two remaining options look are to be sourced without delay. I recognise the decidedly shaky. Last August, I asked the com- requirement for a more suitable home for the mittee to look outside Collins Barracks for a suit- Military Archives that protects the material cur- able location and my Department has separately rently stored, provides for expansion and permits examined other locations in the meantime. Hope- easy public access. An emphasis on achieving this fully progress will be made on this important on a site with an appropriate military heritage matter in the not too distant future. narrows the options available. Considerable effort was invested in examining Mr. Costello: Deputy Timmins has raised an the National Museum of Ireland facility at the important question because we have an extra- former Collins Barracks, Dublin, long considered ordinarily rich military history. A full archive as the most appropriate and suitable location for with the necessary personnel and resources the Military Archives. However, feasibility stud- should be available. I have tabled a question on ies carried out by a firm of architectural consult- whether the Government will mark the 400th ants raised serious issues relating to cost, planning anniversary of the Flight of the Earls. Could the and architectural protection in meeting the needs Military Archives put on an exhibition to mark of the Military Archives on the Collins Barracks such an event, which changed the course of our site. history? Consideration of some usage of the Collins Barracks site has not been exhausted. However, Mr. O’Dea: The Department spent \0.5 million last year I also asked for options extending on the archives in Cathal Brugha Barracks last beyond the Collins Barracks site. All options will year to keep the show on the road. The facilities be considered and the inter-departmental com- for such an exhibition are limited but I will make mittee will continue their work in this regard. I inquiries and communicate with the Deputy on have been advised that one option may be to the matter. locate the Military Archives in one of the active military installations in the Dublin area. The Defence Forces Equipment. option of locating the Military Archives together with or alongside the National Archives also 10. Mr. Connaughton asked the Minister for requires further consideration. Defence if NBC suits are personal issue; and if he will make a statement on the matter. [2766/07] Mr. Timmins: I welcome the Minister’s com- mitment to go outside the military establishment Mr. O’Dea: The Defence Forces have available to acquire the necessary expertise, if it is not to them equipment for monitoring and protecting available internally. This issue has been raised their members in dealing with nuclear, biological repeatedly and it is important that the staffing or chemical, NBC, threats identified from time to level would be increased. Heels are being dragged time. They hold an extensive range of modern on the issue of finding a location. I appreciate it NBC equipment that meets their current require- can be difficult but it is important that the site ments, which includes approximately 9,500 NBC should be central, possibly in Dublin, because suits. The NBC suits are not a personal issue and many people travel from abroad and from around are retained in stores throughout the Defence the country to access the archives. Good public Forces. Should an operational scenario arise, the transport links should be available in the vicinity NBC suits would be distributed as required to all of the site. Will the Minister redouble his efforts personnel involved. In addition, the suits are allo- to find a more suitable location for the archives? cated to all brigades and the Defence Forces training centre as required for training purposes. Mr. O’Dea: I agree with the Deputy that the The Defence Forces have a sufficient stock of issue is dragging a little and that is why I gave respirators for each soldier. They also have 98 of the appropriate instruction to recruit civilian staff the most technologically up-to-date chemical without further delay because I suspect suitable agent monitors and Defence Forces personnel staff are not available within the military. have been trained on their operation. Other The location of the archives is a difficult issue. equipment on hands includes biological agent The relocation of the National Archives is a prob- detector and screening kits, group decontami- lem and the relevant authority is experiencing nation equipment and personal decontamination considerable difficulty. We are keeping the equipment. The requirement for additional NBC option of siting both archives together in the back equipment is kept under continuous review by of our minds but that option will not become live the Defence Forces. A programme for the pur- until a decision is made on the National Archives. chase of NBC equipment is ongoing and what- The difficulty is three locations were identified by ever equipment deemed necessary is purchased the committee when it was established in 2003 expeditiously to meet the changing requirements. and two further locations were established. Three have been ruled out on cost and architectural Mr. Timmins: I am happy with the reply. 1319 Other 1 February 2007. Questions 1320

11. Mr. Kelly asked the Minister for Defence vehicles undergo regular maintenance and over- the number of Defence Forces vehicles, such as hauls to ensure that they are roadworthy and armoured personnel carriers, jeeps and trucks, provide value for money. Vehicles are replaced currently in use on overseas missions; the number when, having regard to age, condition and mile- of times these vehicles are rotated back to age, they are considered by Defence Forces trans- Ireland; and if he will make a statement on the port personnel to have reached the end of their matter. [2797/07] economic life, at which time they are proposed for disposal. Mr. O’Dea: Defence Forces personnel serving Currently, a total of 229 vehicles are in use by on all overseas missions are equipped with the the Defence Forces on overseas missions, details most modern and effective equipment. This of which are listed in the following table. All equipment enables troops to carry out the mis- vehicles are rotated back to Ireland as required sion assigned, as well as providing the required or in circumstances where they cannot be protection specific to the mission. All military repaired in the mission area.

Current overseas vehicle deployment

Vehicle Type KFOR EUFOR ISAF UNMIL UNIFIL TOTAL

Jeeps 35 19 — 20 12 86 Trucks 7——151133 Armour 6— 3301857 Trailers 2 2 — 24 7 35 Bus 32——27 Ambulance 1 — — 1 — 2 Miscellaneous Vehicles 3 1 — 5 — 9

57 24 3 95 50 229

Mr. O’Dea: The sums vary because the UN Mr. Costello: Question No. 11 refers to jeeps, pays in arrears. trucks and armoured personnel carriers on over- seas service. What support, if any, is given by the Mr. Costello: How much is owed at present? UN towards the purchase, maintenance or replacement of weaponry and equipment used by Mr. O’Dea: At one stage, we were owed more Defence Forces personnel on overseas missions? than \13 million but I believe the figure has sig- nificantly decreased. I can revert to the Deputy Mr. O’Dea: The UN does not contribute with the exact figure. directly to the cost of maintaining our equipment, which is purchased and maintained from our own Defence Forces Inquiries. budget. However, a standing arrangement is in place between the UN and its constituent 12. Mr. McGinley asked the Minister for members that compensation be paid for expendi- Defence the status of the investigation into the ture incurred in sending troops on missions. The death of a person (details supplied); and if he will compensation is paid in arrears according to a make a statement on the matter. [2755/07] fixed formula. Traditionally, the arrears have been substantial but matters have improved 57. Mr. Costello asked the Minister for recently. There is no direct relationship between Defence whether the Garda investigation into the what the UN pays and the cost of equipment. death of a person (details supplied) has been completed; if so, the findings of same; and if he Mr. Costello: Is the fixed sum of money will make a statement on the matter. [2935/07] received by Ireland related to the services it renders? Mr. O’Dea: I propose to take Questions Nos. 12 and 57 together. Mr. O’Dea: The formula varies according to On 2 February 2006, I received a report from particular missions, although I do not know its Mr. Sea´n Hurley, whom I had appointed to carry exact details. The Defence Forces inform me as out an independent review of the interaction to how much is owed and my Department con- between the Department of Defence and the tacts the UN when the cheque is late, which is Defence Forces and the parents and family of often the case. Private Kevin Barrett in the aftermath of his tragic death on 18 February 1999 while serving Mr. Costello: How much is owed? with the 84th Infantry Battalion in Lebanon. Mr. 1321 Adjournment 1 February 2007. Debate Matters 1322

Hurley looked in detail at how the Department which notice has been given under Standing and the Defence Forces interacted with the Order 21 and the name of the Member in each Barrett family after Kevin’s death and has iden- case: (1) Deputy Callanan — the need to expedite tified some clear failings and shortcomings. the building of a new school in Aughrim to Immediately on receipt of Mr. Hurley’s report, replace the grossly overcrowded one that exists I contacted the Garda Commissioner and asked at present; (2) Deputy Catherine Murphy — the him to provide me with his early views on any continued method of allocating funds to local possible assistance the Garda Sı´ocha´na might be authorities based on the needs and resources in a position to provide. A Garda officer was model which is unfair to developing counties. assigned to the case to examine the files held by When commercial rates receipts and transfers my Department and the Defence Forces on the from the local government fund are combined the case, with a view to determining whether the per capita spend demonstrates just how disadvan- Garda could provide any assistance in the matter. taged are the most rapidly developing counties. Liaison arrangements were set up between the The ability of these counties to absorb additional Garda and the Defence Forces, which continued population and build quality communities is to provide the fullest co-operation to the Garda. impacted by this continuing situation; (3) Deputy Arising from an examination by the Garda of Burton — the failure of the Minister to provide the available material, the investigation team more language resource teachers for schools in identified a number of lines of inquiry. These Dublin West and other areas for large numbers included re-interviewing all witnesses who were of international pupils with limited or no English in the vicinity when Private Barrett died, identi- language skills and the huge difficulties this is fying any other witnesses not previously inter- causing for all pupils and teachers in such schools viewed and a ballistic examination of the billet contrary to repeated promises and undertakings where Private Barrett died and the firearm used. made by the Minister and her officials to address The Garda investigation was recently com- this urgent problem; (4) Deputy Deenihan — the pleted and the Garda Commissioner has indi- reason for the delay in the technical assessment cated in a letter to me that, having re-interviewed of the amalgamation of the primary schools in Professor Hiss, the pathologist who carried out Lixnaw, County Kerry; (5) Deputy Gogarty — the post mortem examination, and having the need for the Government to purchase the obtained the expert opinion of the State Pathol- lands at St. Edmundsbury/Woodville or to extend ogist, Dr. Cassidy, along with the results of the the Special Amenity Area Order as far as the detailed examination of the billet, the Garda Lucan Road so these lands can be preserved investigation reached a number of conclusions. intact for future generations, preferably as part The most significant conclusion was that the of a Liffey Valley national or regional park; (6) investigators are satisfied that the original find- Deputy Cowley — to ask the Minister if she will ings were correct and there is no evidence to sug- carry out an urgent review of the DEIS scheme gest any third party involvement in the death of for nine Mayo schools (details supplied) which Private Barrett. The detective chief superin- will be effected, if she agrees this is an inequitable tendent who investigated the case is now arrang- situation and not in the spirit of helping the dis- ing to meet members of the family to brief them advantaged and if she will confirm the effected on the investigation. My Department has Mayo secondary schools will be reviewed remained in contact with the family throughout immediately and funding guaranteed to avoid dis- the investigation. I have offered to meet the astrous consequences for the effected students; family and arrangements are being made in that (7) Deputy Broughan — the need for the Mini- regard. ster to respond to the memorandum submitted by the Stardust Victims and Relatives Committee Mr. Timmins: I thank the Minister for com- seeking a new commission of inquiry into the missioning the report and hope it will bring some tragedy (8) Deputy Ferris — the pressure being conclusion to the Barrett family. I extend my sin- placed on fishermen to go to sea in dangerous cere sympathies to Private Barrett’s parents on conditions due to the current regulatory system; the tragic death of their son. (9) Deputy Gregory — the unacceptable cruelty to animals by the Ward Hunt, County Meath and Mr. Costello: I thank the Minister for bringing the need to withdraw the licence from the hunt; the report to a conclusion and for commissioning (10) Deputy Durkan — the serious and ongoing the Garda inquiry. I extend my condolences to issue of overcrowding on commuter trains to and the family of Private Barrett. from Sallins, Hazelhatch, Kilcock, Maynooth and Leixlip and the city whereby passengers more Written Answers follow Adjournment Debate. often than not have to remain standing for the entire journey with consequent health and safety Adjournment Debate Matters. implications and the need for the Minister to An Leas-Cheann Comhairle: I wish to advise issue instructions to increase the frequency of the the House of the following matters in respect of service and the capacity of the trains with 1323 Stardust 1 February 2007. Disaster 1324

[An Leas-Cheann Comhairle.] The last written communication from the enhanced feeder bus backup; and (11) Deputy Department of Justice, Equality and Law Reform Costello — the need for the Government to intro- to Mr. O’Neill and the committee, on 15 duce a system of random searches of CIA December, referred to the need for further con- operated aircraft landing at Irish airports to sultation and seemed to conclude that the new ensure Irish airports are not being used for ren- material submitted in the memorandum had not dition flights. been persuasive enough to justify another The matters raised by Deputies Broughan, inquiry. The Taoiseach and Ta´naiste referred to Callanan, Deenihan and Gregory have been the possibility of an external and independent selected for discussion. examination of the memorandum and the case of the Stardust Victims and Relatives Committee by Adjournment Debate. an eminent legal person. This occurred almost seven weeks ago and the 26th anniversary of the ———— Stardust tragedy is now less than two weeks away. I have been informed by the Stardust Victims Committee of its deep frustration at the continual Stardust Disaster. prevarication by the Taoiseach and Ta´naiste and Mr. Broughan: It is disappointing but, unfortu- of its intention to resume protests outside nately, not surprising that just a couple of days Government Buildings next Wednesday. It is before the 26th anniversary of the horrific Star- appalling that a dedicated group of people who dust inferno I am raising the issue once again in have suffered so much should be treated in this this House. At this exact time last year, I obstructive manner by the Taoiseach and expressed my hope that all the pious words we Ta´naiste. Why are they continuing to treat the were hearing from the Government about com- Stardust families in this appallingly disrespectful memorating the victims and survivors of this manner? Why will they not carry through on their unprecedented disaster would be turned into con- commitments? Why do they keep making and crete action to achieve justice and closure for then breaking deadlines for decisions? The com- relatives of the families of the 48 young people mittee is rightly fearful that the Government is who tragically lost their lives in February 1981 putting this issue off until after the general elec- and the people of Coolock, Raheny, Donagh- tion and that if the Fianna Fa´il-Progressive mede and Artane in the Dublin North East con- Democrats coalition is returned to office, no stituency. Instead, however, the Taoiseach and more will be heard of justice for the Stardust the Ta´naiste have engaged in a despicable game committee and the people it represents. of stonewalling in their responses throughout the I call for the immediate appointment of an emi- past year to the Stardust Relatives and Victims nent legal person acceptable to the Stardust com- Committee. At the start of business this morning, mittee to re-examine the memorandum and new I sought to adjourn the Da´il to urgently discuss evidence submitted. Such an investigation should the ongoing impasse between the Government take place over a strict timeframe comprising a and the Stardust committee but my request was limited number of weeks. A decision should be made to convene a new commission of inquiry ruled out of order. that would reopen the unjust and unsafe con- Last November, a detailed memorandum was clusions of the original 1982 Stardust tribunal of submitted to the Taoiseach and Ta´naiste inquiry. It is no wonder the Stardust committee thoroughly outlining the reasons for the request recently indicated it is prepared to take its case by the Stardust committee for a new commission to the European Court of Human Rights as it has of inquiry into the fire disaster of St. Valentine’s become increasingly obvious that it will gain not Day, 1981. On 14 December, I was told in the a shred of justice in this jurisdiction even after Da´il by the Ta´naiste that a “response to the Star- nearly 26 years and with countrywide support for dust Relatives and Victims Committee is immi- their case. nent”. On the following day, the Stardust com- It is shocking and a strong indictment of the mittee’s solicitor, Mr. Greg O’Neill, was also Taoiseach’s lethargy on this issue that heroic informed that a response to the memorandum women such as Ms Christine Keegan and her was about to be sent from the Taoiseach and daughter Antoinette who lost so many members Ta´naiste. The Stardust committee and its legal of their family because of this tragedy, with their representatives were informed about the moves colleagues, Ms Gertrude Barrett and others, still to positively identify the five remaining unidenti- need to go out and protest in hail, rain and snow fied victims of the Stardust tragedy, for which the outside Government Buildings nearly 26 years committee and the families concerned are deeply later to try to ascertain the truth of what hap- grateful. However, on the core substantive issue pened on 14 February 1981. As the Minister of of reopening the flawed conclusions of the Star- State knows, there have been a series of reports dust tribunal report, there has been a disgraceful about the issue in recent years starting with the lack of progress. famous book They Never Came Home by two 1325 Schools Building 1 February 2007. Projects 1326 young northside journalists, Neil Fetherstone- this House will join with the Ta´naiste and me in Haugh and Tony McCullough. There was the wishing the families well during this difficult time. famous “Prime Time Investigates” programme. I am aware of the Deputy’s keen interest in the Many representatives like me have received matter and I appeal to him that it is not necessary additional information and we feel that it is time for any further protest. The Ta´naiste and the this matter was brought to a just conclusion. Taoiseach are particularly committed to seeing this process through and everything is being done Minister of State at the Department of Justice, to ensure it happens as quickly as possible. Equality and Law Reform (Mr. Fahey): At the outset, let me say there is no need for the rela- Schools Building Projects. tives to go out and protest at this stage. As the Deputy is aware, considerable progress has been Mr. Callanan: I thank the Minister of State for made on the matter. Both the Taoiseach and the waiting here to hear us so late this evening. A Ta´naiste are most anxious that the process be public meeting was held in St. Catherine’s school concluded as quickly as possible. Following the in Aughrim in my parish. There has been a cam- meetings held with representatives of the victims paign to get a new school in the area for some with the director of the forensic science labora- time. I support the parents and teachers in their tory, the committee indicated that it would follow campaign to get a new school. The old school is up with some final observations, which could be outdated owing to the increased numbers and the added to the material already under examination. change to modern teaching. The number of pupils The extent of the detail and the complexity of will increase from 70 to 130 next year. As the the issues, however, were such that the examin- existing school was built in 1948 and cannot be ation of the technical and legal questions arising extended further, a new school is needed. required more time than was originally antici- The school was previously earmarked for pated. This examination concluded in December demolition under the original plan for the N6. and a considered written response to the memor- However, the route of the N6 was changed and andum issued to the committee’s solicitor on 15 the school’s demolition was no longer included in \ December. I do not need to go into the exact the plans. The school was offered 300,000 in detail as the Deputy is aware of it. The commit- 2005 under the devolved scheme to build a tee’s solicitor was also informed that the further three rooms. Under examination with the Taoiseach, having consulted with the Ta´naiste, parents and Department officials it was decided would be willing to arrange for an external and that this would not meet the forecasted needs and independent examination of the committee’s sub- the plan was dropped. The school has five main- mission by an eminent legal person. Such an stream teachers, two resource teachers and a full- examination would include a full opportunity for time support teacher. Some of these teachers are the victim’s committee to present and explain the working out of a tiny cloakroom and a hallway, points raised in its submission. The findings of and the question of safety owing to over- this consideration would then further inform the crowding arises. deliberations on this issue. The precise arrange- We received a letter from the Department stat- ments and mechanisms of this examination are ing that the school planning section had com- the subject of discussions with the committee’s pleted its reassessment of the application and solicitor and the Ta´naiste expects that it should considered that in the long term St. Catherine’s be possible to finalise these shortly. The commit- national school would require a principal and tee will have a meaningful opportunity to present eight mainstream class teachers and ancillary its case to the independent examiner and the staff. The project is being progressed on this details of this arrangement can of course be basis. However, we need the Minister to ensure worked out in consultation with the committee. that the technical team visit the school as quickly The Deputy will also be aware that, at the same as possible to decide whether to build a new time, arrangements have been made to put in school or a huge extension. I believe a new school place a process intended to lead to the identifi- is the only way forward. However, it is the techni- cation of the five unidentified victims. This pro- cal team that must make the decision. Aughrim cess is well advanced and the families in question is a developing area and the population will are being kept fully informed and provided with further increase. access to counselling services, according to their wishes. Preparatory works at St. Fintan’s Cem- Mr. Fahey: As the Deputy has said, under the etery are in hand and it is expected that the exhu- permanent accommodation scheme 2005 the mations will take place next week. This exercise school authority was offered funding of \300,000. will be followed by DNA analysis which should It was agreed that this would not proceed and produce results in approximately two months. the school would be delivered by the traditional There are no guarantees that a successful identifi- method, in line with the project’s priority band cation will be possible but I am sure everyone in rating. 1327 Animal 1 February 2007. Welfare 1328

[Mr. Fahey.] but, in fact, to terrorise domesticated animals. Officials in the Department of Education and Hunting is outlawed in the North of our country. Science have recently completed their reassess- There is clear evidence that this causes unnecess- ment of projected enrolments and have deter- ary suffering to those animals. The Protection of mined that the long-term projected staffing for St. Animals Act expressly forbids that to happen. Catherine’s national school in Aughrim will be Some of us believe that this practice has not for a principal and eight mainstream teachers and been outlawed in this part of Ireland despite this has been notified to the school authorities. being expressly forbidden in the 1911 Act The project will be progressed in the context of because the Ward Union Hunt is controlled by the school building and modernisation prog- some of the richest, most powerful and influential ramme. I will inform the Minister for Education developers and business men in the country. Lest and Science of the views expressed by the Deputy I be accused of not declaring it, I had better say about the very poor condition of the school. We that I have the honour to be the national vice will ask the Minister to try to have the project president of the Irish Council against Blood team visit the school as quickly as possible with a Sports. With that organisation I have monitored view to starting the architectural planning work. the Ward Union Hunt and its activities. I have raised this issue several times in this House. I Animal Welfare. have seen at first hand that an unfortunate ani- mal, a deer, raised on a farm, treated like any Mr. Gregory: In the first instance I am referring farm animal, is taken from that farm by people specifically to the Ward Union Hunt treatment of who claim to be some sort of huntsmen and set a deer at Kildalkey village school just over a week loose. A pack of hounds, people on horseback, ago. In full view of a number of witnesses, includ- others in jeeps and on quad bikes and so on then ing parents, children and local people, the stag terrorise that animal by chasing it through barbed was hunted into a school yard. A pack of savage wire fences and ditches until it is covered in a hounds was set on the stag. The stag was clearly lather of its own sweat and blood from cuts and terrified and exhausted. It was then hunted out scratches received from the barbed wire and on to the public road and was finally pursued by fences, and is pursued to exhaustion. If that is not men in a jeep until it collapsed. I pay tribute to causing suffering to a domesticated animal I do RTE’s “Liveline” show for drawing attention to not know what is. the issue in great detail. The Minister and those I do not expect any sympathy for this issue responsible for issuing licences to the Ward from the Minister of State present in the House Union Hunt would prefer if it got as little pub- but I hope that the matter I have raised will be licity as possible. properly and thoroughly investigated and the There is considerable significance in this inci- licence withdrawn until that investigation is dent. The reaction to Joe Duffy’s radio show complete. demonstrated that the majority of people were outraged, including those who saw the incident Mr. Fahey: I am taking this debate on behalf of and those who heard direct local accounts of it. my colleague the Minister for the Environment, There were no agendas here — these were local Heritage and Local Government, Deputy Roche, people who simply saw what happened. People and I thank the Deputy for raising this matter. were outraged that this type of activity is licensed Section 26(1) of the Wildlife Act 1976 as by a Minister and is regarded as acceptable law amended—— and practice. Anybody listening to the account of the treatment of the unfortunate deer knows it is Mr. Gregory: That caters for wild animals. not an acceptable practice and it is time it was brought to an end. Mr. Fahey: ——provides that the Minister for The event as it was described by those who saw it must be considered in context. The deer hunted the Environment, Heritage and Local Govern- by the Ward Union Hunt are well known to be ment may grant to the master or other person in tame domesticated animals. For that charge of a pack of stag hounds, a licence author- 5 o’clock reason, departmental wildlife inspec- ising the hunting of deer by that pack, during such tors have sent memoranda to the period as specified in the licence. The current Minister telling him that these deer should not be licence held by the Ward Union Hunt expires on hunted and that licences should not be granted to 31 March 2007. This licence and all licences anyone to hunt them. issued since 1999, incorporate, among other The Protection of Animals Act 1911 expressly things, a requirement of compliance with the code forbids terrorising or causing unnecessary suffer- of practice agreed in 1999 between the Ward ing to any domesticated animal. That is the law. Union Hunt Club, the then Department of Arts, There are many witnesses available if the Mini- Heritage, Gaeltacht and the Island and the ster wishes to have this matter properly investi- Department of Agriculture and Food. gated. The Ward Union Hunt is the only hunt, It is not open to the Minister for the Envir- North or South, with a licence to supposedly hunt onment, Heritage and Local Government to 1329 School 1 February 2007. Accommodation 1330 refuse a licence application for a hunt on grounds 19 January 2007. It concludes that the amalgama- of principle. Through the wildlife Acts, the tion of Lixnaw national schools should be pro- Oireachtas has determined that this activity is, in gressed as quickly as possible and that a technical principle, licensable. inspection should be arranged by the Department Given this legal position, the Department’s as quickly as possible to further the project. The proper focus in addressing licence applications is boys in Lixnaw primary school must learn in on the hunt’s compliance with licence conditions unacceptable conditions. The school was built 40 during the term of the previous licence. Veterin- years ago. It has single glazed windows, is imposs- ary reports, prepared by the veterinary inspector ible to heat in winter and very hot in the summer. engaged by the Department to inspect the hunt There is no canteen and no staff room because and its compliance with the conditions of the that room is used by the learning support teacher. licence, are also taken into account, and as neces- The staff must eat in the sixth class room. Part of sary, the Department meets representatives of the third and fourth class room is used as an the applicants to review these matters. The office. The main entrance serves several pur- matters referred to by the Deputy, together with poses, being used as a cloakroom and by the public safety concerns, will clearly require resource teacher. The play area in the grounds is discussion with representatives of the hunt skimpy and games can be played only on a stag- shortly. gered basis. The hard surface area is very small The question of any further licence for the as a result of which the kids cannot play during Ward Union Hunt will be considered in the light the winter months. Two of the present Kerry of these various factors and of the veterinary team came out of this school. The kids are inspector’s report. Issues relating to animal wel- entitled to better facilities because they are very fare are the statutory responsibility of the Mini- enthusiastic about football and hurling. ster for Agriculture and Food under section 2 of A report was published in The Kerryman this the Protection of Animals (Amendment) Act week by a local reporter, Donal Nolan, in which 1965 and section 1 of the Protection of Animals he stated that pupils in Lixnaw are being taught kept for Farming Purposes Act 1984. In light of in Third World conditions with the resource what the Deputy has said I will bring his com- teacher being forced to teach in the school corri- ments to the attention of both the Minister for dor because of the lack of classroom space. The Agriculture and Food and the Minister for the boys’ national school has been waiting close to Environment, Heritage and Local Government. two years for a site inspection to be carried out and during this time it has received 11 responses School Accommodation. from the Department of Education and Science Mr. Deenihan: I thank the Leas-Cheann stating that the Department will be in contact Comhairle for allowing me raise this matter on when a date has been set for the inspection. the Adjournment. A report issued by the Depart- However, nothing has been done yet. ment of Education and Science in 2002 called for I call on the Minister of State to try to encour- better all round school accommodation for the age the primary schools section to send an inspec- children of Lixnaw, County Kerry. It stated that tor to examine both existing buildings to see if it the children need better facilities and oppor- would be possible to extend them to accommo- tunities to develop. Since 2002 the population of date the schools in question on either site. Alter- Lixnaw has increased by 39%. Parish records natively, he or she could view the third site to show that baptisms increased from 30 in 2002 to which I referred. This would help progress the 49 and 51 in 2005 and 2006 respectively. Lixnaw amalgamation which, I understand, has been is a dormitory village for Listowel and Tralee. given high priority in the context of providing Over the past four years 220 houses have been funding for schools. I hope the Minister of State built in the village, 180 of which are occupied. has some good news for the people of Lixnaw. The Kerry county development plan shows that Firies and Lixnaw are the two fastest growing Mr. Fahey: As regards the proposed amalga- rural centres in Kerry. In May 2005 Lixnaw boys’ mation of the existing boys and girls national and girls’ schools agreed to amalgamate. Their schools in the Lixnaw area of County Kerry, the patron, Bishop Murphy, approved the amalgama- schools indicated to the Department of Edu- tion. He also said that if the Department pursued cation and Science that they propose to amalga- a greenfield site, the parish would provide the mate to provide for a single co-education national site, next to the community centre. The location school to serve the area. Before progressing the is ideal. This information was communicated to project further and to ensure that any capital the Department of Education and Science’s funding allocated to assist in the amalgamation school planning department on 25 June 2005. being provided represents optimal use of Since then, however, nothing has happened. resources and is appropriate to meet the schools’ The Commission on School Accommodation long-term accommodation needs, it will be neces- for Kerry North published its report on Friday, sary to consider the possibility of using any of the 1331 The 1 February 2007. Adjournment 1332

[Mr. Fahey.] Mr. Deenihan: It was built 40 years ago. existing buildings before pursuing a greenfield site for a new build project. The Department, upon request, recently received further technical documentation in Mr. Fahey: I will bring to the attention of the respect of the school buildings from the schools. Minister the points he has made. I do not believe The next step is to carry out a technical investi- it is a question of an inspector visiting the schools. gation of the existing buildings to determine their I am assured by the Minister, however, that a suitability. When this inspection has been com- technical examination will be carried out to deter- pleted, the project will be progressed in the con- mine the suitability of both schools before a final text of the school building and modernisation decision is made. programme. Did Deputy Deenihan state that the boys’ The Da´il adjourned at 5.15 p.m. until 2.30 p.m. school was built 30 years ago? on Tuesday, 6 February 2007. 1333 Questions— 1 February 2007. Written Answers 1334

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 12, inclusive, answered Decentralisation Programme. orally. 14. Mr. Hogan asked the Minister for Defence if he will report on the decentralisation of the Defence Forces Retirement Scheme. Civil Defence to Roscrea, County Tipperary; and 13. Mr. O’Dowd asked the Minister for if he will make a statement on the matter. Defence the plans he has to increase the retire- [2779/07] ment age of commandants and lieutenant colonels from 56 years of age and 58 years of age Minister for Defence (Mr. O’Dea): An advance to 60 years of age; and if he will make a statement party of 12 staff of the Civil Defence Board on the matter. [2771/07] moved to temporary accommodation in Roscrea in September 2004 in preparation for the relo- 29. Mr. Eamon Ryan asked the Minister for cation of the Headquarters of the Civil Defence Defence if consideration is being given to raising Board to their new decentralised location. the age of retirement for Army officers to 60; and The Board’s new purpose built Headquarters if he will make a statement on the matter. in Benamore, Roscrea, Co. Tipperary opened in [2931/07] May 2006 and training courses for Civil Defence volunteers commenced at that time. Minister for Defence (Mr. O’Dea): I propose I had the pleasure of officially opening the new to take Questions Nos. 13 and 29 together. premises on the 12th of September 2006. Now There are no immediate plans to extend the that the decentralisation of the Civil Defence retirement age of officers in the Defence Forces. Board has been completed, approximately 25 The 2000 White Paper on Defence and the earlier staff are working in Roscrea. The Roscrea Defence Force Review Implementation Plan both location is included on the Central Applications recommended reduction to retirement ages in an Facility for those who may have an interest in effort to address the age profile and fitness of the vacancies arising there in the future. Defence Forces. The White Paper also envisaged The Civil Defence Board and Civil Defence officers attaining senior rank at a younger age. volunteers have expressed their satisfaction with In addition a key element in military life is the the standard of accommodation provided by the need for personnel to maintain a level of fitness Office of Public Works at the new Headquarters. for combat readiness. This requirement must be balanced with the need to retain experience and Common Security and Defence Policy. expertise, particularly at managerial level in the Defence Forces. 15. Mr. Boyle asked the Minister for Defence the reason the memorandum of understanding I am aware of the recent changes in the retire- between Ireland and the other Nordic countries ment age for new recruits to other parts of the involved in the Nordic battlegroups has not been public service. I will continue to monitor the ´ ´ operational and other needs of the Defence placed in the Dail Eireann Library as promised Forces in this regard and remain mindful of by him in November 2006; and the progress in ongoing experiences elsewhere in the public Ireland joining the Nordic EU battlegroup. services. [2926/07] 1335 Questions— 1 February 2007. Written Answers 1336

34. Mr. Neville asked the Minister for Defence detail, together with staff posts at the Operational the steps that have been taken to assist in and Force headquarters. E.O.D./I.E.D.D. means Ireland’s participation in the EU battlegroup con- Explosive Ordnance Disposal and Improvised cept; and if he will make a statement on the Explosive Device Disposal respectively. E.O.D. matter. [2788/07] relates to normal type munitions whereas I.E.D.D. generally refers to devices devised by 38. Ms B. Moynihan-Cronin asked the Minister terrorist groups, such as car bombs etc. for Defence if Irish soldiers have begun to partici- This level of operational commitment will only pate in training for EU battlegroups; and if he arise should the Battlegroup be called on to will make a statement on the matter. [2806/07] undertake an operation. The number of person- nel involved operationally during the standby 257. Mr. Gormley asked the Minister for period, where the Battlegroup has not been Defence the reason the memorandum of under- mobilised to undertake an operation, will be of standing between Ireland and the other Nordic the order of 10 personnel. As part of the initial countries involved in the Nordic battlegroups has preparatory and familiarisation phase of the not been placed in the Da´il E´ ireann library as Nordic battlegroup, the first member of the promised by him in November 2006; and if he will Defence Forces to be deployed to the Force make a statement on the matter. [3226/07] Headquarters in Sweden is due to take up duty next month. 259. Mr. Timmins asked the Minister for Any contribution to a Battlegroup will be met Defence the steps that have been taken to assist within the context of the overall ceiling of 850 in Ireland’s participation in the EU Battlegroup personnel serving overseas at any one time set concept; and if he will make a statement on the in the White Paper on Defence and will have no matter. [3319/07] adverse impact on our existing peace support operations. 276. Mr. Durkan asked the Minister for Most Battlegroup training will take place in the Defence the extent to which Irish troops have contributing member States — i.e. Irish troops trained alongside EU or NATO troops in prep- will mainly be trained in Ireland. That said, some aration for EU battlegroup deployment. level of joint training with other Battlegroup [3277/07] elements will be required. It is planned that joint training of the Nordic Battlegroup elements, Minister for Defence (Mr. O’Dea): I propose including field manoeuvres, will take place in to take Questions Nos. 15, 34, 38, 257, 259 and Sweden in September/October 2007 for a period 276 together. of approximately 3 to 4 weeks. This is the only Discussions on Ireland’s participation in the joint field training envisaged. There are no plans, Nordic Battlegroup are continuing with Sweden, which is the Framework Nation. There have been proposals nor any requirement for field training a number of detailed discussions between with NATO troops or troops from other EU Department officials and the Defence Forces countries in the context of our participation in the with their Swedish counterparts, including techni- Nordic Battlegroup. Sweden, on behalf of the cal discussions on a Memorandum of Under- other participating States, has also accepted that standing (MoU). The MoU is an agreement there will be no joint training exercises in Ireland. between the participants comprising the Nordic Irrespective of our participation in the Nordic Battlegroup, namely Sweden, Norway, Finland Battlegroup in 2008, possible participation in and Estonia, which sets out principles in relation future Battlegroups with other EU partners is to the operation, deployment and management of also under active consideration. the Nordic Battlegroup. Sweden, on behalf of the Nordic Battlegroup, has advised that it will wel- Casement Aerodrome. come a contribution from Ireland, subject to Ireland’s agreement to sign the MoU for the 16. Mr. O’Connor asked the Minister for Nordic Battlegroup, without amendment. We are Defence the areas of south Dublin under the currently finalising the letter of accession to the standard flight path to the east west runway at MoU on the Nordic Battlegroup. Once the letter Casement Aerodrome; and if he will make a of accession has been agreed and cleared by the statement on the matter. [2795/07] Attorney General’s Office, a process which is cur- rently in train, it will be laid before Da´il E´ ireann. Minister for Defence (Mr. O’Dea): Aircraft fly- I plan to seek Da´il approval to sign the MoU in ing the standard instrument approach from the the coming weeks. East to Runway 29 at Casement Aerodrome At this point in time we have agreed in prin- would normally over-fly Du´ n Laoghaire, Monks- ciple the overall shape of our contribution to the town, Stillorgan, Mount Merrion, Goatstown, Nordic Battlegroup. Our contribution will Dundrum, Churchtown, Rathfarnham, amount to some 80 to 100 personnel involving an Willbrook, Templeogue, Tymon North, Kilnam- E.O.D./I.E.D.D. team with its own security anagh and Belgard. 1337 Questions— 1 February 2007. Written Answers 1338

Defence Forces Recruitment. of the naval fleet recently announced; when he expects the specialist group of senior civil ser- 17. Mr. J. Brady asked the Minister for vants and Naval and Army officers to report back Defence the number of existing members of the with recommendations on the replacement ves- Permanent Defence Force and Reserve Defence sels; and if he will make a statement on the Force who have been commissioned into the matter. [2929/07] officer ranks in the past two years; his plans for the commissioning of serving non-commissioned officers; and if he will make a statement on the 269. Mr. Kehoe asked the Minister for Defence matter. [2838/07] the maximum age of a vessel in the Naval Service; and if he will make a statement on the matter. [2635/07] 36. Mr. Hogan asked the Minister for Defence when an officers course for non-commissioned Minister for Defence (Mr. O’Dea): I propose officers will be held; and if he will make a state- to take Questions Nos. 18, 41 and 269 together. ment on the matter. [2781/07] In the White Paper on Defence in 2000, the Government decided that the Naval Service Minister for Defence (Mr. O’Dea): I propose would be developed around the provision of an to take Questions Nos. 17 and 36 together. eight-ship flotilla. The Naval Service is currently Significant progress has been made recently in operating with the recommended eight ships. implementing schemes to enable more com- As a general guide, the objective would be to missioning from the ranks. replace vessels after approximately 30 years The revised cadetship competition is now seen service. On this basis, three vessels LE Emer as the primary means of commissioning from the (which is the oldest having been commissioned in ranks. The cadetship competition has been 1978), LE Aoife (commissioned in 1979) and LE revised to increase the maximum entry age to 28 Aisling (commissioned in 1980) would be due for and to award bonus marks to candidates with pre- replacement in the next 3 to 5 years. vious experience in the Permanent Defence The Government is committed to continuous Force (PDF) or Reserve Defence Force (RDF). investment in the equipment needs of the Naval Results for the 2005 and 2006 cadetship compe- Service to enable it to carry out the roles assigned titions were encouraging with a total of 28 appli- to it. A vessel replacement strategy for the Naval cants with military service in the Defence Forces Service is currently under examination in my being successful in the 2005 cadetship compe- Department and I expect proposals will be sub- tition and a further 23 applicants with military mitted to me for decision in the coming weeks. service being successful in the 2006 cadetship Subject to my consideration of the proposals, the competition. programme will begin with the tender process in In addition, in the past two years, 3 members the first half of this year with the expectation of of the Defence Forces were commissioned as placing a contract for the first ship in early 2008. officers from Direct Entry Competitions for A continuous process of refurbishment com- appointments as Engineer Officers in the Corps bined with a vessel replacement strategy ensures of Engineers and Conductors in the Army School that the operational capability of the Naval of Music. Service is maintained at a very high level. Consultations with the representative associ- ations are nearing completion regarding the con- Naval Service. ditions for an internal Commissioning From the Ranks competition, which it is intended to hold 19. Mr. Gogarty asked the Minister for in the near future. This competition will provide Defence his views on whether the Naval Services an opportunity for enlisted personnel who have are underresourced in view of the recent sinking passed the cadet entry age to compete for entry of several fishing trawlers and the worsening of on a potential Officers Course and ultimately, a weather conditions off the Irish coast; and if he commission. The competition offers the possi- will make a statement on the matter. [2930/07] bility of enhancing the Officer Corps with the skills and expertise of these personnel. The out- Minister for Defence (Mr. O’Dea): I would like come of this competition will inform policy on the to begin by expressing my condolences and sin- issue of similar future competitions. cere sympathy to the families and friends of those who died as a result of the sinking of the Pere Naval Service Vessels. Charles and Honeydew II fishing vessels. The Irish Coast Guard has overall responsi- 18. Mr. Deasy asked the Minister for Defence bility for the provision of maritime Search and the replacement programme for the naval patrol Rescue services within the Irish Search and Res- vessels; and if he will make a statement on the cue Region. The role of the Defence Forces in matter. [2784/07] Search & Rescue involves the provision of service to the civil authorities as and when required. 41. Mr. Gogarty asked the Minister for Other organisations, including An Garda Sı´och- Defence the details of the \180 million upgrade a´na and the Commissioners of Irish Lights, are 1339 Questions— 1 February 2007. Written Answers 1340

[Mr. O’Dea.] square miles. The Naval Service currently patrols also involved in the provision of service to the the entire 200-mile limit and periodically patrols Irish Coast Guard in relation to maritime Search beyond these limits to protect specific fisheries. and Rescue. These patrols are carried out on a regular and The Naval Service provided support to the frequent basis and are directed to all areas of Irish Coast Guard by way of ships and personnel Irish waters as necessary. The number of Patrol in the recent Search and Rescue/Recovery oper- Vessels on patrol in Irish waters at any one time ations off the Irish coast. Four of the eight Naval varies between three and seven. The Naval Service vessels were tasked with assisting in the Service is committed to having at least three ves- search for the missing vessels over the course of sels on patrol within the Irish Exclusive Econ- the operations, and the Naval Service Diving omic Zone at any one time. Section participated in diving operations to locate The fleet completes around 1680 patrol days the Pere Charles until the search operation was per annum and, on a daily basis, an average of discontinued. over four Naval Service vessels are deployed on I am satisfied that the Naval Service is well patrol throughout the year. The Naval Service has equipped to provide assistance to the Coast met the requirements of its operational tasking Guard in search and rescue or recovery as to date. required, and I commend the Naval Service for The question of an extension of the area of sea their unquestionable professionalism and dedi- shelf responsibility from its current limits, includ- cation in such difficult situations. ing the timing of any such change, is primarily a matter for the Department of Foreign Affairs. If 20. Mr. Naughten asked the Minister for this process is successful and Ireland’s claim is Defence his contingency plans to expand the accepted, it may give rise to some new duties for Naval Service in the event of Ireland’s area of sea the Naval Service. This issue will be kept under shelf responsibility being extended; and if he will review with the relevant Departments; namely make a statement on the matter. [2769/07] the Department of Foreign Affairs and the Department of Communications, Marine and Minister for Defence (Mr. O’Dea): In the Natural Resources, so as to ensure that the White Paper on Defence in 2000, the Govern- requirements for any additional Naval Service ment decided that the Naval Service would be inputs will be factored into the overall planning developed around the provision of an eight-ship process in each Department. flotilla. The Naval Service operates a fleet of eight ships categorised as follows: Defence Forces Equipment. 1 × Helicopter Patrol Vessel (HPV) 21. Mr. Deasy asked the Minister for Defence 2 × Large Patrol Vessels (LPV) the radar capability of the Defence Forces; and if he will make a statement on the matter. 3 × Offshore Patrol Vessels(OPV) [2786/07] 2 × Coastal Patrol Vessels (CPV) Minister for Defence (Mr. O’Dea): The The strength of the Naval Service on 31st Defence Forces has a radar capability used for December 2006, the latest date for which detailed national security and Aid to the Civil Power figures are available, as advised by the military operations. authorities was 1,082. The main Radar capability of the Defence The Government is committed to continuous Forces is the Flycatcher Radar System. This investment in the equipment needs of the Naval equipment was procured in 2002 from the Dutch Service to enable it to carry out the roles assigned Armed Forces. It is used to carry out the Target to it. A vessel replacement strategy for the Naval Acquisition and Fire Control of the Bofors EL70 Service is currently under examination in my 40mm Air Defence Guns. Each radar unit is cap- Department and I expect proposals will be sub- able of controlling 3 Guns and its purpose is to mitted to me for decision in the coming weeks. provide an effective defence against airborne Subject to my consideration of the proposals, the threats flying at low and very low level. The programme will begin with the tender process in system has an operational range of up to 20km. the first half of this year with the expectation of A crew of two or three operates the system. placing a contract for the first ship in early 2008. The complete Radar weighs about 6000 kg and is I expect two of the ships will be similar to the carried on a two- axle trailer. There are eight (8) Roisin class with one larger vessel capable of an of these radars in service with the Defence extended patrol range. Forces. The system is normally deployed for VIP A continuous process of refurbishment com- visits, transits and summits. bined with a vessel replacement strategy ensures The other main radar capability is the Giraffe that the operational capability of the Naval G40 Radar; the Defence Forces have one system Service is maintained at a very high level. in service. This equipment was procured new The current Exclusive Fishery Limits extend to from Ericssons of Sweden in 1986. It is used to 200 miles offshore and cover an area of 132,000 exercise command and control over RBS 70 Sur- 1341 Questions— 1 February 2007. Written Answers 1342 face to Air Missile Firing Units when deployed. participating contingents with a view to ensuring It has an operational surveillance range of up to access to the appropriate Level 1 treatment facili- 40km and an altitude ceiling of 15kms. It can be ties as well as surgical facilities. In addition, both used to exercise command and control on up to 9 pre and post deployment testing is routinely con- RBS 70 missile Firing Units. ducted so as to alleviate concerns regarding The Equipment has a crew of 4 (Commander, health issues. Troops are fully immunised against Radar Operator, and two operators), and is known disease risks. In addition, the Defence mounted on a 6X6 MAN Truck. It is deployed Forces deploy their own sanitation and water regularly for VIP Visits/Transits and summits. purification plant as necessary. The Defence Forces also operate the AMSTAR Ground Surveillance Radar. This is a Defence Forces Training. man portable system used mainly by Artillery Observers for target acquisition and tracking. It 23. Mr. Sargent asked the Minister for Defence is capable of detecting vehicles depending on type the reason two members of the Army, as reported at ranges of 12 –35 KM, Helicopters at ranges of in a publication (details supplied) attended a 10 –18 KM and Infantry at 7-12 KM. It has been three week All-arms Tactical Targeting Course deployed on Peace Support Operations in conducted by the British army in Wiltshire, UNMIL. There are eight (8) of these radars in England; the purpose of the course; and if he will service with the Defence Forces. make a statement on the matter. [2934/07] The radar assets available to the Defence Forces are related to the level of threat and are Minister for Defence (Mr. O’Dea): The considered by the military authorities to be Defence Forces are required to maintain the appropriate and adequate in this regard. highest standards in preparation for meeting the roles assigned to them by Government, including participation in multinational peace support Overseas Missions. operations. 22. Mr. Boyle asked the Minister for Defence The Royal School of Artillery runs an All the number of medical personnel, including den- Arms Tactical Targeting (AATT) Course at its tists, serving overseas with Irish soldiers; and if he training camp in Larkhill, Wiltshire. Two junior will make a statement on the matter. [2925/07] officers from the Permanent Defence Force were students on a recent AATT Course there. Both Minister for Defence (Mr. O’Dea): The officers serve in artillery roles. number of military medical personnel, including The AATT Course offers students of different dentists, serving overseas on 29th January 2007, nationalities, various ranks and varying experi- as advised by the military authorities, is provided ence, the opportunity to learn the targeting pro- in the form of a Tabular Statement, which I pro- cess to the point where they would be competent posed to circulate with the Official Report. members of a Brigade Headquarters targeting cell. The majority of students have a background Medical personnel serving overseas with Irish in artillery. soldiers at 29th January 2007 This course has offered the Defence Forces exposure to the most up-to-date information Mission Doctors Medics Dentists available in targeting and also the experience of exercising with contemporary operating UNIFIL 1 4 Nil procedures. UNMIL 2 11 Nil KFOR Nil 3 Nil Departmental Reports. UFOR Nil 1 Nil 24. Mr. Carey asked the Minister for Defence Total 3 19 Nil if he will conduct further reviews of the imple- mentation in the Defence Forces of the 2002 The Challenge of a Workplace report (details supplied); and if he will make a statement on the The provision of medical, dental and pharma- matter. [2790/07] ceutical support to the Defence Forces in the execution of their Roles as assigned by Govern- Minister for Defence (Mr. O’Dea): The ment is co-ordinated by the Medical Corps of the Defence Forces and the Department have taken Defence Forces. Military medical services and a wide variety of initiatives and have devoted their facilities exist to maintain the health of the extensive resources to this issue, since Dr Eileen Defence Forces and to support them in oper- Doyle and the External Advisory Committee ational and overseas activities. presented their original report “The Challenge of a Workplace” in March 2002. This independent Ensuring that the medical needs of Irish troops report addressed the entire range of interpersonal are fully catered for is an important element of issues within the Defence Forces. Its contents and the planning in all overseas missions. This plan- recommendations were accepted in full. ning is typically done in conjunction with other 1343 Questions— 1 February 2007. Written Answers 1344

[Mr. O’Dea.] outgoing members of the Permanent An Independent Monitoring Group was estab- Defence Force was conducted. lished in May 2002 to oversee the implementation • Leadership training has been given by of the recommendations of the original Doyle external experts and has been the subject Report. The Independent Monitoring Group’s of NCO focus groups with an emphasis on own progress report, “Response to the Challenge “training the trainers” of a Workplace”, which was launched by my pre- decessor on 24 September, 2004, is available on • Changes in Cadet School Instruction have the Defence Forces website and describes in been initiated and issues concerning the detail the very significant progress achieved since ranking, selection and training for Cadet the publication of the original Doyle Report in School instructors are being addressed. 2002. • Defence Force Regulations, Administra- The ongoing implementation of the recom- tive Instructions, policies and procedures mendations of the Doyle report has been one of have been reviewed by an Equality the highest priorities for the Defence Forces and Steering Group under a Labour Court the Department since its publication. Policies on chairperson. equality, dignity and bullying are being constantly communicated to all ranks. I am satisfied that the • An officer within the Defence Forces military authorities are alert and vigilant to this Human Resources Management Section issue and are committed to addressing the matter has been assigned responsibility for in a continuing and proactive manner through Equality matters educational modules on interpersonal relation- • A Training Circular entitled “Military ships which are now embedded in career courses Code of Conduct for Students and Instruc- for all ranks. tors in all Training Environments” was It is reiterated that bullying is not training for issued in 2004 and was followed by an anything. It has always been acknowledged that extensive series of associated workshops addressing issues within the realms of interper- for all relevant personnel. sonal conduct is a long-term task. However, with substantial and vigorous leadership, there is every In addition, the Ombudsman for the Defence confidence that the proper environment will be Forces has been appointed, and her Office is now maintained throughout the Defence Forces. The well established and functioning. correct ethos is being incorporated in training at The Independent Monitoring Group recom- all levels and the resources necessary to assist mended that a professional review of progress personnel in tackling difficulties where they may within the Defence Forces should take place in arise are being maintained. 2007 and that it should be published. My Depart- The following steps have been taken: ment is currently preparing to initiate this review. • Firm guiding principles have been set out in the Defence Forces Dignity in the Work- Overseas Missions. place Charter 25. Mr. Gormley asked the Minister for • A major educational awareness prog- Defence the impact of the recent election results ramme is ongoing throughout the Defence in Serbia on KFOR and Irish participation as the Forces. framework nation for KFOR until August 2007; and if he will make a statement on the matter. • A new Administrative Instruction on Inter- [2924/07] personal Relationships was introduced in March 2003. The Instruction and a users Minister for Defence (Mr. O’Dea): KFOR was guide were distributed to every member of established in June 1999 to support the mainten- the Defence Forces. ance of civil law and order within Kosovo, so as • Some 232 Designated Contact Persons to develop a climate of safety and security, which (DCPs) have been fully trained and are will enable the transfer of increased responsibility deployed throughout all Defence Forces to the civil authorities. posts and barracks, both countrywide and Ireland has participated in the KFOR since overseas. The DCPs will facilitate the oper- August 1999. The Irish contingent currently com- ation of the formal and informal pro- prises an APC Mounted Infantry Group of some cedures that may be used by any party 215 personnel including a number of personnel in wishing to institute a complaint. staff posts at various KFOR Headquarters. A reorganisation and downsizing of the forces • An independent external confidential in KFOR, including the Irish contingent, was “Free Phone” Helpline and Counselling planned and had partly commenced when civil Service was set up for members of the Per- disturbances broke out in March 2004 in Kosovo. manent Defence Force in March 2003. That downsizing was deferred to allow the • An independent pilot project of Exit Inter- situation to settle, this remains the current views seeking the experiences and views of situation. Having regard to the fragility of the 1345 Questions— 1 February 2007. Written Answers 1346 peace in Kosovo and subject to ongoing assess- tunities to serve on overseas peace support ments of the situation on the ground, Ireland has missions. decided to maintain a continued presence in The Reserve has already seen significant KFOR in 2007/2008. improvements in terms of clothing, equipment, In September 2006, the Government agreed to training and resourcing. It is now organised along the Defence Forces undertaking an additional similar lines to the PDF and the introduction of responsibility as Framework Nation for the the integrated element of the Reserve is currently Multinational Task Force Centre (MNTF (C)) in being addressed. All of these changes will KFOR from August 2007. This will be a new enhance the capabilities of the Reserve as well as development for the Defence Forces as we have improving interoperability with the PDF. These never before commanded a brigade size force in factors are significant enablers in facilitating any multinational PfP-led peace support operation. future participation by Reserve personnel in Undertaking this new responsibility will contrib- overseas missions. ute significantly to the development of the An important change recommended by the Defence Forces, improving its capabilities and study of the reserve is that members of the Army heightening its profile as a professional and well- reserve and Naval Service Reserve should be con- organised force within the international peace- sidered for participation in overseas peace sup- keeping community. port missions. While there are no immediate As the Deputy will be aware, parliamentary plans for participation by members of the elections took place in Serbia on 21 January last. Reserve in overseas missions, policies to support In Kosovo, participation in these elections was the selection of suitably qualified personnel for confined to the Serbian community (approx. 5% overseas duties will be developed over the life- of the population). Following the elections, in time of the Implementation Plan, over the period which no single party obtained an overall to end 2009. In other countries, service by majority of seats, political negotiations are under Reservists on overseas peace support missions is way on the formation of a new coalition Govern- quite common, although as specified in the Plan, ment in Serbia. These negotiations are antici- any such participation by members of the pated to last for a period of up to 90 days. It is not Reserve is likely to be in specialised areas such expected that either the election results or this as medical, transport, engineering and communi- negotiation process will have any particular cations and information services. This will also be impact on KFOR or on the Irish participation in subject to personnel having suitable qualifi- KFOR. KFOR’s mandate will continue as before cations, their personal availability and appro- until amended or withdrawn by the UN Security priate advance training. Council in the context of decisions on the future Development of policies to support the selec- status of Kosovo, which are expected in the first tion of suitably qualified Reserve personnel for half of this year. overseas duties will include consideration of the impact of overseas duties on the employment of Defence Forces Reserve. Reserve personnel. The question of legislation 26. Mr. Naughten asked the Minister for will also be considered in this context. Defence when he expects that members of the Reserve Defence Forces will be permitted to Emergency Planning. serve overseas; and if he will make a statement on the matter. [2767/07] 27. Mr. O’Connor asked the Minister for Defence if he will continue the programme of 61. Mr. M. Brady asked the Minister for major simulated exercises of the Task Force on Defence when, in the context of the Reserve Emergency Planning; when the next major simu- Defence Force review implementation process, lated exercise is due to be run; the scenario that he anticipates that reserve force personnel may will be simulated; and if he will make a statement be selected for overseas duties; the categories or on the matter. [2796/07] reserve personnel that may be considered; and if he will make a statement on the matter. 64. Mr. Carey asked the Minister for Defence [2791/07] when the public information campaign on emer- gency planning is expected to commence; the Minister for Defence (Mr. O’Dea): I propose reasons the campaign is being undertaken; the to take Questions Nos. 26 and 61 together. research on which it is based; the nature and The White Paper on Defence outlines the blue extent of the campaign; the number of simulated print for a new Reserve Defence Force. An exercises that have taken place in 2005 and 2006; Implementation Plan has been developed that the plans for further simulated exercises in 2007; will ensure the realisation of the White Paper and if he will make a statement on the matter. vision and this will be rolled out over the period [2789/07] to end 2009. The new Reserve will have a clearly defined role, an enhanced relationship with the Minister for Defence (Mr. O’Dea): I propose PDF, better equipment and training and oppor- to take Questions Nos. 27 and 64 together. 1347 Questions— 1 February 2007. Written Answers 1348

[Mr. O’Dea.] • Reservists of the Second Line Reserve, As chairman of the Government Task Force during attendance on training, are paid: on Emergency Planning, I have stressed, on many • Basic pay for Second Line Reservists, being occasions, the importance that I attach to depart- the 1st point of the pay scale for the equiv- ments and key public authorities having struc- alent rank in the PDF; tured exercise programmes in place. I believe that the development of these prog- • Naval Allowance in the Naval Service rammes is essential in order to refine and develop Reserve; the arrangements that exist, to improve them • Patrol Duty Allowance in the Naval through review and revision, and to generally Service Reserve; provide the basis for an increased confidence in the emergency planning process. The Deputy will • Security Duty allowances, where be aware that specific responsibility for emer- applicable; gency planning functions remains with the rel- • Initial and replacement Uniform evant lead government department and it is a Allowances; matter for each department to implement its own • Children’s Allowance to personnel enlisted structured exercise programme. pre-1st January 1979; It is intended that structured exercises will play a part in the public information and awareness • Technical pay to designated personnel; campaign on emergency planning which is to get • Annual Gratuity, subject to meeting certain underway in the near future. The campaign, attendance criteria. which was approved by Government in October 2006, is being undertaken to raise public aware- The total pay and allowances expenditure for ness of the ongoing work on emergency planning Second Line Reservists, and the total expenditure for annual gratuities to First Line Reservists, in being undertaken by government departments \ \ and public authorities. The campaign will also 2005 and 2006 came to 7,843,907 and 7,979,624, advise the public that they too have a responsi- respectively. These figures do not include non- bility to make preparations and take some pre- payroll items such as Unit Fund Grants, mile- age, etc. cautions. The numbers that enlisted in the Second Line Following consultation with government Reserve in 2005 and 2006 were 1,087 and 1,144, departments and key public authorities involved respectively. in emergency planning, I decided, in late 2005, to initiate a market research programme into public Question No. 29 answered with Question attitudes and awareness of emergency planning in No. 13. Ireland. The results of this research found that public awareness of emergency planning issues is Defence Forces Recruitment Age. low. Based on the results of this market research, a 30. Aengus O´ Snodaigh asked the Minister for communications company was commissioned to Defence his views on setting a world standard by devise a strategy on the approach to be taken by introducing a legislative restriction explicitly Government for implementation of the cam- guaranteeing that children under the age of 18 paign. A request for tenders in respect of adver- will not participate in hostilities, become a target tising and PR services for the campaign was of attack or be sent to serve abroad as part of the issued in November 2006 through the EU Jour- Defence Forces under any circumstances. nal. Tenders have been received and are being [2954/07] examined by my Department at present. Minister for Defence (Mr. O’Dea): Idonot intend to raise the minimum age for recruitment Defence Forces Reserve. to either the Permanent Defence Force or to the 28. Mr. M. Brady asked the Minister for Reserve Defence Forces to a minimum of 18 Defence the payments and allowances paid to years of age. members of the Reserve Defence Force; the The Deputy’s question may refer to the number of persons who joined the Reserve Optional Protocol to the Convention on the Defence Forces in 2005 and 2006; and if he will Rights of the Child on the Involvement of Chil- make a statement on the matter. [2792/07] dren in Armed Conflict, which was adopted by the General Assembly of the United Nations in Minister for Defence (Mr. O’Dea): The pay- May 2000. ments and allowances paid to members of the Ireland signed the Optional Protocol to the Reserve Defence Force are as follows: Convention on 7 September 2000 and ratified the instrument on 18 November 2002. The text of the • Reservists of the First Line Reserve, who Optional Protocol to the Convention on the are former members of the Permanent Rights of the Child on the Involvement of Chil- Defence Force, are paid an annual gratuity. dren in Armed Conflict is available on the web- 1349 Questions— 1 February 2007. Written Answers 1350 site of the Department of Foreign Affairs study lasting for 3-4 years, both within military (www.dfa.ie). The position is that Ireland is, in colleges and at civilian colleges. Any apprentice fact, fully compliant with the Optional Protocol. recruit aged 16 at entry would be 19-20 by the With reference to the terms of the Optional time they qualified in their technical/ technologi- Protocol, the particular matters for which I have cal specialty. Apprentices are not assigned to any direct Ministerial responsibility relate to the military duties at all until they have fully com- recruitment to, and the deployment within, the pleted their specialist technical/technological Defence Forces of persons who are under 18 training. In recent years, in any event, the actual years of age. The position with regard to the administrative practice has been to set the mini- recruitment and deployment of persons under 18 mum entry age for PDF apprentice entrants at years of age within the Defence Forces is briefly the same level as General Service Enlistment i.e. as follows. a minimum age of 17 years at entry.

PDF Service Overseas Defence Forces Equipment. All military personnel who are under 18 years of age are specifically precluded from any service 31. Mr. Curran asked the Minister for Defence abroad under the terms of the policy of the the changes made to the clothing, equipment, Defence Forces, as enunciated in Defence Forces personal body armour and protective gear made Administrative Instructions. available to individual members of the Defence Forces over the past few years; the way the equip- PDF Service at Home ment compares with that available to troops in As general service enlistment is immediately other armies across the EU. [2793/07] followed by a basic training period of several months, before the recruit is ‘passed out’ as an Minister for Defence (Mr. O’Dea): The acquis- active member of the Permanent Defence Force ition of new equipment for the Defence Forces and therefore liable to the normal range of continues to be a key focus for me as Minister for military duties, the possibility of a 17 year old Defence. Significant investment has taken place soldier being exposed to a ‘hostile’ incident on in recent years throughout all facets of the duty at home is, in reality, quite small. Defence Forces and I will continue the good work in that regard. Service in the Reserve Defence Force (RDF) In recent years a particular focus of the invest- As regards the Reserve Defence Force, there ment has been on equipment for the individual are about 350 or so serving members of the soldier. In this regard the introduction of the Reserve Defence Force aged 17. Members of the DPM Uniform with the provision of a full outfit Reserve are not accepted as being trained to the of matching clothing for the individual soldier minimum standard required for Reserve oper- was a significant milestone for the Defence ations until they have completed their ‘Three Star Forces. The introduction of these new uniforms Private’ Course which is conducted in the second has proved both practical and economical and has year of service. Therefore, as 17 is the minimum been an asset to the Defence Forces in their age for RDF entry, Reserve entrants are not eli- many operations. gible for Reserve operations until they are at least In addition significant work has been carried of age 18. Members of the Reserve are precluded out in recent years on the acquisition of an Inte- from ‘Aid to Civil Power’ operations within the grated Protection and Load Carrying System for State. Similarly, members of the Reserve cannot individual soldiers. This system includes Body serve overseas. Armour, Helmets, Back Packs (Rucksacks) and Battle Vests. The position with regard to the Minimum Age of Recruitment to both PDF acquisition of these items is as follows: and RDF • 8000 units of body armour for the individ- Under Defence Forces Regulations and ual soldier on operational duties have been Administrative Instructions, the minimum age for delivered. The new body armour provides ‘general service enlistment’ to all branches of the significantly greater protection, comfort Defence Forces is 17 years of age. This is also the and coverage than the old model as well as minimum age of entry for cadets who enter the a doubling of the range of sizes available. Permanent Defence Force to undergo a struc- The total value of the order was in the tured intense programme of training of more than region of \8m. 12 months duration which leads to the award of a Commission as a junior Officer. • 12,000 helmets have been delivered. The There is one exception to the legal minimum value of the order was circa. \2.5m. age of 17 provided for in military Regulations. • 12,000 rucksacks have been ordered at a These Regulations currently permit the recruit- total cost of \3m, delivery will take place ment of trade ‘apprentices’ for the PDF specifi- in 2007. cally as trade apprentices from the age of 16 onwards. Such ‘apprentice’ entrants are assigned • To complete the modern integrated protec- to special technological courses of training and tion and load carrying system, one other 1351 Questions— 1 February 2007. Written Answers 1352

[Mr. O’Dea.] phase has been completed and that the report is competition is currently in train for the being finalised. As I have previously stated the acquisition of 12,000 Battle Vests used for results of this market research will be used to the carriage by the individual soldier of inform the formation of policy and practice in this essential items such as ammunition, per- area for the future. I anticipate that the finalised sonal radio, water and ancillary equipment. report will be available shortly. An order will be placed later this year for I must emphasise that the Government is com- these items. mitted to a policy of equal opportunity for men and women in the Defence Forces (Army, Air The personal equipment which the individual Corps, Naval Service) including the Reserve soldier in the Defence Forces has at his/her dis- Defence Force, and to the full participation by posal for operational use both at home and over- women in all aspects of Defence Forces activities. seas is second to none and compares very favour- In effect, this means that women are eligible, ably with the equipment in use by other on the same basis as men, for participation in Countries. I will continue the ongoing investment operational and ceremonial activities, for assign- in equipment for the Army, Air Corps and Naval ment to all military appointments and edu- Service to ensure that the most modern and up cational and training courses and for promotion. to date equipment is available for Defence All female personnel undergo the same training Force’s personnel. and receive the same military education as their male counterparts.

Defence Forces Recruitment. Search and Rescue Services. 32. Mr. Eamon Ryan asked the Minister for 33. Mr. P. McGrath asked the Minister for Defence when the expected report on the way to Defence if he will tender for the search and res- encourage women to join the Defence Forces will cue facility; and if he will make a statement on be published; and if he will make a statement on the matter. [2775/07] the matter. [2932/07] Minister for Defence (Mr. O’Dea): The Irish 55. Ms Lynch asked the Minister for Defence Coast Guard has overall responsibility for the the way he proposes to recruit more women into provision of maritime Search and Rescue services the Defence Forces; and if he will make a state- within the Irish Search and Rescue region. The ment on the matter. [2804/07] Defence Forces are committed to providing sup- port to the civil authorities specifically in relation Minister for Defence (Mr. O’Dea): I propose to search and rescue. In this regard, the Naval to take Questions Nos. 32 and 55 together. Service and Air Corps provide support to the The Deputy knows, I am keen to increase the Coast Guard as the need arises and within their number of women applying to join our Defence available capability. Forces. To facilitate this, I have, with effect from The Air Corps had been providing Search and 1st September 2006, reduced the minimum height Rescue (SAR) services in the North West but requirement for entry into both the Permanent withdrew in October 2004 following a handover Defence Force and the Reserve Defence Force of this role to CHCI, a private operator, which from 162.56cm (5’4”) to 157.48cm (5’2”). also provides the service at the country’s other This change, which applies to both males and SAR bases at Dublin, Shannon and Waterford. females, has the effect of increasing the annual There is no plan to reconsider the decision to recruitment pool of females from 60% to 90% withdraw the Air Corps from the maritime search and males from 97% to 98%. It is too early to and rescue service. gauge whether there has been a corresponding increase in the number of female applicants to Question No. 34 answered with Question the Defence Forces. However, I will closely moni- No. 15. tor the situation over the coming months. I must point out that height is not the only issue Defence Forces Property. in encouraging more women to apply to join the 35. Ms Enright asked the Minister for Defence Defence Forces and I have recently initiated the plans he has to extend the naval base at Haul- more general research in this area. To this end, bowline, County Cork; and if he will make a following a tendering process, TNS MRBI, an statement on the matter. [2778/07] independent market research company was awarded the contract to undertake research into Minister for Defence (Mr. O’Dea): Haulbow- the issue of recruitment and retention of women line Island comprises 84 acres approximately. The in the Defence Forces. The market research property is vested in the Minister for Finance. included interviews with currently serving female The Naval Service currently occupies c. 40 acres members of both the Permanent Defence Force and these lands are administered by my Depart- and the Reserve Defence Force and members of ment. The balance of the Island lands which were the general public. I understand that the research formerly under Lease to Irish Ispat (previously 1353 Questions— 1 February 2007. Written Answers 1354

Irish Steel) are under the administration of the installations, and the provision of certain secur- Department of the Environment, Heritage and ity escorts. Local Government arising from the liquidation of In this context, the Defence Forces have that company. deployed soldiers to Portlaoise Prison for security The Department of the Environment, Heritage reasons since 1973. A similar arrangement was in and Local Government has lead responsibility for place at Limerick Prison from 1974 until 1992. the remediation of the Ispat site and my Depart- The Defence Forces also provide armed assist- ment has signalled Naval Service interest in the ance to Prison Service staff whenever high secur- future use of the site to that Department. The ity prisoners are being transferred outside the Naval Service interest in the site relates primarily confines of the Prison, for example hospital or to meeting the additional berthage needs of the court escorts. expanding naval fleet. The Naval Service has also Over the years in times of industrial disputes expressed interest in acquiring part of the former the Defence Forces have been required to Ispat site to consolidate the existing naval base provide assistance to the Prison Service. Such an while also providing better access and parking occasion was a three week period in 1987 in Cork facilities. Prison to cover a prison officers strike. The Army Medical Corps also provided personnel in the Question No. 36 answered with Question operation of medical facilities and services to the No. 17. prison service during an industrial dispute by the prison doctors from June to August 2004. The Military Medals. Medical Officers were deployed to three prisons, Mountjoy, Cloverhill and Portlaoise, to provide 37. Mr. Curran asked the Minister for Defence medical services on a daily basis during normal the number of applications received to date for working hours. official replacement certificates for 1916 and War of Independence Medals lost, stolen or destroyed; Official Celebrations. the number of certificates issued; and if he will make a statement on the matter. [2794/07] 40. Mr. Ring asked the Minister for Defence his plans to commemorate the Easter Rising cel- Minister for Defence (Mr. O’Dea): Of some ebrations in 2007; and if he will make a statement 550 enquiries made to date, my Department has on the matter. [2763/07] received 392 completed application forms for Medal certificates in respect of Veterans of the 50. Mr. O’Shea asked the Minister for Defence 1916 Rising and the War of Independence. Fol- if there will be a military parade to mark the 91st lowing examination, entitlement to certificates anniversary of the Easter Rising; and if the all- has so far been established in 275 cases. A total party parliamentary group will be reconsti- of 152 of these cases have been finalised involving tuted. [2807/07] the issue of 486 certificates. The issuing of certifi- cates in the remaining 123 cases will be completed Minister for Defence (Mr. O’Dea): I propose over the coming weeks. Decisions on the remain- to take Questions Nos. 40 and 50 together. ing applications will be made and, where appro- A commemoration will again be held this priate, certificates will be issued as quickly as Easter Sunday at the GPO to mark the anniver- possible. sary of the Easter Rising 1916. Following dis- cussions at the All Party Oireachtas Committee Question No. 38 answered with Question it has been decided that the format of this years No. 15. commemoration will be a military ceremony centred on the GPO with appropriate military Prison Security. honours rendered. There will not be a parade along the lines of the 2006 one. However, there 39. Mr. Timmins asked the Minister for will be a reading of the proclamation and a flag Defence the role the Defence Forces have played raising ceremony similar to what happened last in the operation of prisons since 1970, to include year’s successful ceremony. aid to civil power assistance and for operational The exact details of the ceremony are being and administrative responsibility; and if he will finalized at present by an interdepartmental com- make a statement on the matter. [2759/07] mittee involving my Department/Defence Forces, the Department of An Taoiseach and all other Minister for Defence (Mr. O’Dea): An Garda relevant Departments/Agencies. Therefore I am Sı´ocha´na have the primary responsibility for law not in a position to comment any further on the and order, including the protection of the internal details of the organization. security of the State. Among the roles assigned to As planning progresses I will continue to liaise the Defence Forces is the provision of the aid to with the other parties through the All Party the civil power (meaning in practice to assist, Oireachtas Group as I have being doing to date. when requested, an Garda Sı´ocha´na). Duties The Group last meet on 21 November, 2006 include the protection and guarding of vital where we discussed the overall format for Easter 1355 Questions— 1 February 2007. Written Answers 1356

[Mr. O’Dea.] • The Defence Forces are committed to the 2007 and I expect we will meet again when the principles of equal opportunities in all planning process has been progressed. employment policies, procedures and regulations. Question No. 41 answered with Question • The Defence Forces will operate in an No. 18. environment without discrimination in areas as provided by the Equality Acts. Departmental Expenditure. • The Defence Forces will ensure that the 42. Mr. Cuffe asked the Minister for Defence principles of employment equality are the reason his Department spent more on energy employed in recruitment, promotion, train- and fuel in 2005 than any other Government ing and work experience Department; the energy efficiencies he is putting in place to address same; and if he will make a • All regulations and Administrative Instruc- statement on the matter. [2928/07] tions concerning service in the Defence Forces shall be set out in a manner consist- Minister for Defence (Mr. O’Dea): I previously ent with this policy of equal opportunity. advised the Deputy that in 2005 expenditure for • This policy will be reviewed along with the fuel in relation to the provision of heating and Defence Force regulations on an ongoing electricity in the various offices of my Depart- basis by the Deputy Chief of Staff ment was \315,350.00. (Support) to ensure compliance with best In addition a further \16,324,500.00 was spent practice and to maintain a working envir- on energy and fuel by the Defence Forces across onment that treats all members of the 100 sites including 27 permanently occupied Defence Forces in a manner consistent with Military Barracks. This included expenditure of equal opportunities. \8,900,000.00 on fuel for aircraft, vehicles and naval vessels. The primary focus in recruitment is to attract people with the core competencies required by An energy efficiency working group was estab- the Defence Forces. lished in 2003 to examine fuel economy measures My Department and the Defence Forces are throughout the Defence Forces. fully committed to ensuring that all suitably quali- A number of initiatives to improve energy fied candidates who wish to do so are given the efficiency have since been implemented and these opportunity to join the Defence Forces. have resulted in more efficient energy usage and cost savings. The group continues to work to improve energy efficiency across the Defence Overseas Missions. Forces. 44. Mr. Cuffe asked the Minister for Defence the number of Irish Defence Forces personnel Defence Forces Recruitment. operating in Afghanistan and their role; and if there is an intention of withdrawing them in view 43. Ms McManus asked the Minister for of the deterioration of the situation in that coun- Defence his plans to encourage new immigrants try. [2927/07] to Ireland to join the Defence Forces. [2805/07] Minister for Defence (Mr. O’Dea): On 20 Minister for Defence (Mr. O’Dea): The ques- December, 2001, the UN Security Council unani- tion of the recruitment of foreign nationals to the mously adopted Resolution 1386 authorising the Defence Forces is not a new one and Defence establishment of an International Security Assist- Force Regulations have always allowed for the ance Force (ISAF) for six months to assist the recruitment of foreign-nationals to the Defence Interim Afghanistan Authority in the mainten- Forces. ance of security in Kabul and the surrounding Entry to the Permanent Defence Force is areas. The authorisation of ISAF has been either through the Cadetship Competition, extended by the UN Security Council since then. Apprenticeship Competition, General Service NATO assumed the lead in ISAF on 11 August, Enlistment or Direct Entry Competitions which 2003. The current Commander of ISAF, which are held to fill vacancies in specialist appoint- has a strength of approximately 32,000 personnel, ments. All applicants for each of these entry is Lt. Gen David Richards (UK). streams are required to meet qualifying criteria. Ireland has participated in ISAF in The Cadet Competition is the entry level for Afghanistan since 5 July, 2002, following the recruitment as an Officer of the Defence Forces. Government Decision of 2 July, 2002 authorising As you are aware, I have made changes to the the provision of seven members of the Permanent 2006 Cadet competition to broaden the entry Defence Force for service with the force. criteria thereby making it easier for qualifying Seven Irish personnel are currently serving foreign nationals to apply for cadetships. with the force. Three personnel are serving as In addition the Defence Forces Equality Policy staff officers with the ISAF HQ in Kabul and four underpins equality legislation and states that: personnel are deployed in Liaison Teams in the 1357 Questions— 1 February 2007. Written Answers 1358

Regional Command Capital (RC(C)) Kabul. The 280. Mr. Durkan asked the Minister for Liaison Teams specifically liaise between the Defence the extent to which he has had dis- RC(C) and the Afghan National Directorate of cussions with EU or other colleagues in regard to Security, Kabul Police and the United Nations future deployment of Irish troops on peace keep- Assistance Mission to Afghanistan (UNAMA). ing or peace enforcement missions; and if he will The safety of Irish personnel serving overseas make a statement on the matter. [3227/07] is always of paramount concern to me. The over- all threat to ISAF in Kabul, Afghanistan, is cur- Minister for Defence (Mr. O’Dea): I propose rently assessed as “significant”, as it has been for to take Questions Nos. 45, 273 and 280 together. some considerable time. In view of these risks Currently, a total of 830 Defence Forces per- and following a review of the threat to our per- sonnel is serving overseas, full details of which sonnel in Kabul, additional security and protec- are listed in the attached statement. tive measures have been put in place. Armoured Ireland has offered, through the UN Standby protection vehicles have recently been provided Arrangements System (UNSAS), to provide up to the personnel serving in Kabul and other to 850 military personnel, configured as a light security measures in relation to routes and travel infantry mounted battalion, for overseas service have also been taken. Ongoing risk assessments at any one time. This figure equates to some 10% of Ireland’s standing Army (excluding Reserves) will continue to take account of the situation on and demonstrates Ireland’s commitment to the the ground and all possible precautions will be cause of international peace. This is the maximum taken to ensure the safety of our troops there. sustainable commitment that Ireland can make to At this time, it is planned that Defence Forces overseas peace-keeping operations. There are no personnel will continue to serve with ISAF, sub- plans at this time to increase the level of our com- ject to ongoing review by my Department and the mitment to UNSAS. Defence Forces. Ireland receives requests from time to time in relation to participation in various missions and 45. Mr. Durkan asked the Minister for Defence these are considered on a case-by-case basis. the position in regard to the likelihood of further However, we are currently fairly close to the limit deployments of Irish troops at various locations of our sustainable commitments. overseas in connection with EU or UN related Looking to the future, we will complete our issues; and if he will make a statement on the withdrawal from the United Nations Mission in matter. [2981/07] Liberia in May 2007 and will take over as Lead Nation in the KFOR Multinational Task Force 273. Mr. Durkan asked the Minister for Centre in August this year for a period of 12 Defence the number of Irish troops currently on months. The question of further deployments on UN assignments; the locations of same; and if he overseas missions will be looked at in mid 2007 will make a statement on the matter. [3274/07] in the context of the then available resources.

Members of the Permanent Defence Force serving Overseas as of 1 January 2007

1. UN Missions (i) UNIFIL (United Nations Interim Force in Lebanon) HQ 7 UNIFIL 34th Inf Group 155 (ii) UNTSO (United Nations Truce Supervision Organisation) — Israel, Syria and Lebanon 12 (iii) MINURSO (United Nations Mission for the Referendum in Western Sahara) 3 (iv) UNMIK (United Nations Interim Administration Mission in Kosovo) 4 (v) MONUC (United Nations Mission in Democratic Republic of the Congo) 3 (vi) UNOCI (United Nations Mission in Ivory Coast) 2 (vii) UNMIL (United Nations Mission in Liberia) FHQ 1 UNMIL 96th Inf Bn 324

TOTAL 511

UN Mandated Missions (viii) EUFOR (EU-led Operation in Bosnia and Herzegovina) 64 (ix) KFOR (International Security Presence in Kosovo) 215 (x) ISAF (International Security Assistance Force in Afghanistan) 7

Total number of personnel serving with UN missions 797 1359 Questions— 1 February 2007. Written Answers 1360

[Mr. Durkan.]

2. EU Missions (i) European Union Monitor Mission (EUMM) to the former Yugoslavia 5 (ii) EU support to UN authorised African Union Mission in Sudan (AMIS) 3 (iii) EUFOR RD Congo (support mission to MONUC) 2

TOTAL NUMBER OF PERSONNEL SERVING WITH EU MISSIONS 10

3. Organisation for Security and Co-operation in Europe (OSCE) (i) OSCE Mission to Bosnia & Herzegovina 1 (ii) OSCE Mission in Montenegro 1 (iii) OSCE Presence in Albania 2 (iv) OSCE Mission in FRY 2 (v) Staff Officer, Higher Level Planning Group, Vienna 1

Total number of personnel serving OSCE 7

4. Head of Military Staff (Brussels) 1 5. EU Military Staff (Brussels/Mons) 5 6. EU Military Staff (New York) 1 7. Liaison Office of Ireland, PfP (Brussels) 2 8. Permanent Representative to EU (Brussels) 3 9. Military Representatives/Advisers (i) Military Adviser, Permanent Mission to UN, New York 1 (ii) Military Adviser, Irish Delegation to OSCE, Vienna 1 (iii) Military Representative to Partnership Co-ordination Cell/Supreme 1 Headquarters Allied Powers Europe (SHAPE), Mons, Belgium 10. Appointments — UN HQ (New York) Officers seconded to DPKO (Department of Peace Keeping Operations) 1

TOTAL NUMBER DEFENCE FORCES PERSONNEL SERVING OVERSEAS 830

withdrawn its forces from Lebanon in accordance 46. Mr. Gilmore asked the Minister for with resolution 425 (1978), thus partially fulfilling Defence the number of Irish soldiers who are UNIFIL’s original mandate. Since then, UNIFIL stationed in the Lebanon on peace keeping duties continued to operate in Southern Lebanon, under the UN mandate; the type of work that is focussing on the remaining part of its mandate: being carried out by Irish soldiers there; his plans the restoration of peace and security in the to visit the soldiers in the Lebanon; and if he will region. make a statement on the matter. [2802/07] In response to the July-August 2006 crisis, the UN decided, under UN Security Council Resol- 47. Mr. Gormley asked the Minister for ution 1701, to extend the mandate of UNIFIL to Defence if he will report on the deployment of the end of August, 2007, and to increase its troop Irish troops in the Lebanon; if there has been a strength, from approximately 2,000 troops, to a recent update of the security risk of the mission; maximum of 15,000. The Council also decided and if he will make a statement on the matter. that, in addition to carrying out its original man- [2923/07] date, UNIFIL would also monitor the cessation of hostilities; accompany and support the Minister for Defence (Mr. O’Dea): I propose Lebanese armed forces as they deploy through- to take Questions Nos. 46 and 47 together. out Southern Lebanon; and extend its assistance UNIFIL was originally established on 19 to help ensure humanitarian access to civilian March 1978 under United Nations Security populations and the voluntary and safe return of Council resolutions 425 and 426, following the displaced persons. invasion of Lebanon by Israel, with a mandate The nature of the expanded UNIFIL mandate “to confirm the withdrawal of Israeli Forces, to is such that its role is to be considerably more restore international peace and security and to robust than it was prior to the adoption of Resol- assist the Government of Lebanon in ensuring ution 1701, while still operating under Chapter VI the return of its effective authority in the area”. of the UN Charter. The Secretary General of the United Nations At the time of the crisis, Ireland had 5 Defence concluded that as of 16 June, 2000, Israel had Forces personnel deployed at the Force Head- 1361 Questions— 1 February 2007. Written Answers 1362 quarters in Naquora. These personnel are still in the New Year, when the mission was more estab- place. However, in response to the expanded lished and had a more detailed understanding and mandate for the mission and a request from the assessment of the operation and the security UN, the Government with Da´il approval, situation. I am now looking forward to visiting increased Ireland’s contribution to some 162 per- the contingent towards the end of February. sonnel. The additional contribution, is part of a joint Finnish-Irish Engineering Battalion which Ministerial Travel. carries out tasks in support of UNIFIL, including 48. Mr. Perry asked the Minister for Defence dealing with unexploded ordnance clearance and the recent visits he has carried out to troops serv- reconstruction. Ireland provides the security ing abroad; when he will carry out such visits in detail for the Engineering contingent from the future; and if he will make a statement on the Finland. While the Irish element is tasked primar- matter. [2758/07] ily for reconnaissance, security and protection duties associated with these engineering works, it Minister for Defence (Mr. O’Dea): During the is also be available to undertake other tasks at past year I visited Irish personnel serving with the the request of the UNIFIL Force Commander. United Nations Mission in Liberia (UNMIL) and Initial deployment will be for 1 year subject to with the NATO-led International Security pres- renewal of the mandate and a satisfactory review ence (KFOR) in Kosovo. of the mission at that time. During the period 28 February, 2006, to 2 A key aspect and the primary concern in March, 2006, I took the opportunity to visit relation to participation in any mission is the Liberia where I met with the Irish personnel of safety and security of Defence Forces personnel. 94th Infantry Battalion serving with UNMIL. The Prior to deployment, the Defence Forces under- primary purpose of my visit was to see at first took a joint reconnaissance mission with Finland. hand the work of the Irish Defence Forces Per- Following consultation with our Finnish col- sonnel serving with UNMIL and to convey to leagues, UNIFIL and other parties, it determined them, on behalf of the Government and the that there is no direct threat to UNIFIL person- people of Ireland, the deep appreciation felt nel. That said, the uncertain and volatile situation regarding the outstanding manner in which they means that incidents, misunderstandings or wider perform their duties in this challenging mission. political developments all have the potential to During the course of my visit to Liberia, I met impact negatively on the peace-keeping oper- with the President of Liberia, Ellen Johnson- ation. The large quantity of cluster-bomblets and Sirleaf, and the UN Special Representative of the other unexploded ordnance also present a risk. Secretary-General (SRSG), Alan Doss. I also While there have been political difficulties and paid a courtesy call to the Deputy Force Com- some civil unrest in the country, the ceasefire in mander UNMIL, Major General Muhammad Southern Lebanon seems to be holding and the Tahir. Defence Forces have assessed the overall threat During the period 12 to 14 June, 2006, I paid a as “LOW within a volatile situation”, not dissimi- visit to Kosovo where I met with the Irish person- lar to that encountered by Irish personnel on nel of 32nd Infantry Battalion serving with the other peace support missions. This continues to NATO-led International Security Presence in be the assessment of the Defence Forces and I Kosovo (KFOR). During the course of my visit I am satisfied that all appropriate security had a number of briefings and opportunities to measures are in place to ensure the safety of the see the excellent work being done by the Irish Defence Forces personnel serving in Lebanon. Defence Forces personnel serving with KFOR. I For the first few days after the initial deploy- had detailed discussions and briefings from the ment on 31 October, pack rations, supplemented KFOR Commander: Lieutenant General Giu- with locally purchased breads, fruits and veg- seppe Valotto at the KFOR HQ at Film City in etables and additional food items shipped from Pristina. Lt Gen Valotto gave a full assessment of Ireland were provided to all personnel. Commen- the current position across Kosovo and was ful- cing 4 November 2006, a hot meal was provided some in his praise for the Irish Defence Forces daily from field kitchens. The dining facility in the personnel serving there, camp (Camp IDA) was opened on 6 December On both visits I was impressed by the range of 2006, with hot food served at all three meals humanitarian activities being supported by Irish daily. The Defence Forces have assured me that Defence Forces personnel in Liberia and Kosovo. the food served in Camp IDA is to a high stan- I had planned to visit the Defence Forces con- dard and the bill of fare provides a balanced diet tingent in Lebanon (UNIFIL) in late November, of meat, vegetables, potatoes, fruit, pasta, rice 2006, but was advised by the Chief of Staff that I and dairy products. As you will appreciate, this is should defer my visit until the New Year, when a new operation in a new camp and it takes time the mission was more established and had a more to put in place all the required facilities. detailed understanding and assessment of the I had planned to visit the Defence Forces con- operation and the security situation. I am now tingent in late November but was advised by the looking forward to visiting the contingent Chief of Staff that I should defer my visit until towards the end of February. 1363 Questions— 1 February 2007. Written Answers 1364

Official Celebrations. result from reaching retirement age. They receive information about how others have dealt success- 49. Ms O’Sullivan asked the Minister for fully with these life changes. This is intended to Defence if there are plans to involve the Defence enable them to anticipate the changes in their Forces in the proposed celebrations of the 400th own lives and to ease the transition to their new anniversary of the Flight of the Earls; and if he life. Both the PDF member and his/her spouse will make a statement on the matter. [2808/07] are encouraged to attend. They receive advice Minister for Defence (Mr. O’Dea): The and guidance from leading experts on all aspects Government has approved the preparation of a of retirement including: commemorative programme for the 400th Anni- • Changes and relationships; versary of the Flight of the Earls, combined with the 400th Anniversary of the Irish College at • Financial matters; Louvain and the 350th Anniversary of the Franci- • Health; scan scholar Luke Wadding. A commemorative planning group, comprised of officials from sev- • Time management. eral Government Departments, has been estab- It is widely recognised that the programmes of lished to bring forward a commemorative prog- development and training available in the ramme events of general public interest that will Defence Forces are second to none. Nowadays contribute to a deeper appreciation of this military skills training encompasses a very broad important period of Irish history. The prog- range of well recognised courses of training such ramme, which will involve exhibitions, con- as communications technicians, qualifications in ferences, cultural events, cultural and tourist Information Technology etc, as well as the more trails, educational programmes and popular festi- traditional trades. Many military personnel, in all vals, will be announced in the near future. ranks, are increasingly educated to diploma and Among the commemorative events being degree level or hold readily marketable trade planned is a Naval Festival to be held in the port qualifications. This training and the experience of of Killybegs, Co. Donegal, over the weekend of military life provides excellent preparation for June 30th, 2007, and I understand that Donegal life/work after retirement or resignation from the County Council has recently issued invitations to Defence Forces for most personnel. several foreign navies to participate in the Festi- Of course, there are always some individual val. I have approved the attendance of the Naval cases of persons who experience social difficulties vessel L.E. Orla at this festival, and the Naval after, or indeed during the course of, their Service will also provide assistance to the partici- military service. Such problems are sadly found pating foreign navies during their stay, where across all sections of society and are not confined required. to the Defence Forces. While the involvement of the Defence Forces The Organisation of National Ex-Servicemen has not been suggested to date for any of the and Women, or O´ glaigh Na´isiu´ nta na hE´ ireann other events being planned, I would be happy to Teoranta (ONET) has enjoyed the long-standing consider any proposals submitted by the com- official recognition of the Department and the memorative planning group in this regard. Defence Forces. ONET is dedicated to looking after the welfare Question No. 50 answered with Question No. 40. of all ex-service personnel of the Irish Defence Forces. A main objective of ONET is to ensure the welfare of ex-servicemen and women by way Defence Forces Support Services. of providing accommodation to homeless 51. Mr. S. Ryan asked the Minister for Defence members in need of such domestic accom- if his attention has been drawn to the fact that modation and providing other assistance that may former members of the Defence Forces are be required by way of advising referrals to the homeless or living in poor circumstances; if he relevant agencies. will provide a support service to advise the hun- In October 2006, in recognition of the valuable dreds of Defence Forces members who retire or work of ONET, I was pleased to support ONET resign each year of their entitlements and to assist in the form of a once off grant of \50,000 from them with reintegration into civilian life; and if he my Department. I hope that this will go some way will make a statement on the matter. [2813/07] towards assisting ONET in its most valuable and worthwhile activities into the future. Minister for Defence (Mr. O’Dea): The Defence Forces run regular pre-retirement Infectious Diseases. courses in advance of retirement for personnel who are due to retire on normal age grounds. The 52. Dr. Upton asked the Minister for Defence courses are provided within five years of the due if there have been recent meetings of the inter- retirement date. departmental working group on emerging plan- Permanent Defence Force personnel are ning to prepare for the anticipated arrival of briefed about the important life changes that avian flu here; the outcome of such meetings; and 1365 Questions— 1 February 2007. Written Answers 1366 if he will make a statement on the matter. who transferred from the Naval Service to the [2809/07] Army Cadet class of 2004. Fifty-five Cadets were enlisted from the 2005 Cadetship Competition Minister for Defence (Mr. O’Dea): The Inter- and 55 were enlisted from the 2006 Cadetship Departmental Working Group on Emergency competition. Planning last met on the 18 January 2007. This It is my intention to maintain the established was the 46th meeting of the Working Group. At Government policy of ongoing recruitment to the that meeting the Department of Agriculture and Defence Forces. Recruitment into the Permanent Food briefed the Working Group of its assess- Defence Force will continue to maintain the ment on the current risk of an avian flu outbreak. strength at a level required to meet military needs The Department’s assessment is that the current an as set out in the white paper, i.e. 10,500 Perma- risk of an avian flu outbreak in Ireland is low. nent Defence Force all ranks. The Department of Health and Children, which has primary responsibility for the prep- Defence Forces Ombudsman. aration of influenza pandemic plans, provided a briefing to the Working Group on the National 54. Mr. Sargent asked the Minister for Defence Pandemic Influenza Plan, which was launched by if he will report on progress in the Ombudsman that Department and the Health Service Execu- for the Defence Forces Office; and if he will make tive on 15 January 2007. This plan provides infor- a statement on the matter. [2933/07] mation on pandemic influenza and explains what the Government and the health services are doing Minister for Defence (Mr. O’Dea): The Office to prepare for a possible pandemic. The Plan also of the Ombudsman for the Defence Forces was advises the public on what is required of them in established under the Ombudsman (Defence the event of a pandemic. Forces) Act 2004. On the 19th September 2005, Under the World Health Organization’s levels Ms. Paulyn Marrinan-Quinn, SC, was appointed of alert, the current alert level is Phase 3. This by the President, upon the recommendation of means that there is human infection with a new the Government, as the first Ombudsman for the subtype, but no human-to-human spread (or, at Defence Forces. most, rare instances of spread to a close contact). The function of the Ombudsman for the An Inter-Departmental Standing Committee Defence Forces is to act as the ultimate point of chaired by the Department of Health and Chil- appeal for, and administrative investigation into, dren also meets regularly and examines ways of complaints made by members (and former supporting the Department of Health and Chil- members) of the Defence Forces against another dren in planning for and responding to any pos- member (or former member) of the Defence sible flu pandemic. Forces, or against a civil servant of the Depart- The Inter-Departmental Working Group on ment of Defence. The Ombudsman for the Emergency Planning will continue to be briefed Defence Forces may investigate a complaint in and updated on these matters and related emer- respect of an action or decision, which may have gency planning issues on a regular and ongoing adversely affected the complainant personally. basis. The action or decision complained of must have occurred no earlier than the 1st December 2005. To date, the office of the Ombudsman has sent Defence Forces Recruitment. me some 28 reports relating to 23 individual 53. Mr. J. Brady asked the Minister for cases. This total includes 1 Preliminary Views and Defence the number of cadets and the number of 15 Final Reports. I have either responded to or private soldiers who were accepted into the am in the process of responding to the Ombuds- Defence Forces in 2004, 2005 and 2006; the man for the Defence Forces in respect of each of number of applications received in each of those the Final Reports. The Minister for Defence is years; and if he will make a statement on the obliged to inform the Ombudsman for the matter. [2837/07] Defence Forces of the measures taken or pro- posed in response to her recommendation. Minister for Defence (Mr. O’Dea): The I can also inform the Deputy that since 1st numbers of applications received for General December 2005, some 106 complaints have been Service Enlistment to the Permanent Defence made within the military system under Section Force in 2004, 2005 and 2006 were 1,943, 1,125 114 of the Defence Act 1954, as now amended and 2,495 respectively. A total of 579 general by the Ombudsman (Defence Forces) Act 2004, service recruits enlisted in the Permanent seeking redress of wrongs. Those redress com- Defence Force in 2004, 384 enlisted in 2005 and plainants, whose complaints relate to matters 559 enlisted in 2006. occurring on or after 1st December 2005, are eli- The numbers of applications received for gible to refer their complaint to the Ombudsman Cadetships in 2004, 2005 and 2006 were 916, 1,004 if a complainant so desires. I am advised by the and 1,085 respectively. Sixty-seven Cadets were Military Authorities that there are some 86 com- enlisted in 2004. Of these 2 Cadets were Naval plaints in this category, of which 25 have been Service Cadets from the 2003 Cadet competition referred to the Ombudsman so far. 1367 Questions— 1 February 2007. Written Answers 1368

[Mr. O’Dea.] the Irish United Nations Veterans Association in The Ombudsman for the Defence Forces is, in the valuable work they perform; and if he will accordance with the Act, independent in the per- make a statement on the matter. [2811/07] formance of her duties. She is required to cause a report on the performance of her functions Minister for Defence (Mr. O’Dea): The Irish under the Act to be laid annually before each United Nations Veterans Association (IUNVA) House of the Oireachtas. In these circumstances, was formed in 1990. Membership is available to I do not consider it appropriate for me to report those who have successfully completed a tour of on her behalf or to give details in relation to her duty with a UN Force or Organisation. I under- reports on individual cases, complaints already stand this membership would largely comprise submitted to the Office of the Ombudsman, the both serving and former members of the Perma- status of those complaints, or the current treat- nent Defence Force, but also includes serving and ment of those cases by the Ombudsman. former members of the Garda Siocha´na and I am happy to inform the Deputy that the those who have served abroad with the UN in a primary focus in these cases to date has been on civilian capacity. The Association is financed by selection for promotion, selection for military membership fees, voluntary contributions and career courses and selection for overseas service. fundraising. I can also indicate that the reports of the I can advise the Deputy that, in October 2006, Ombudsman for the Defence Forces have made in recognition of the valuable work of IUNVA a valuable contribution to the ongoing updating and to mark almost 50 years of Defence Forces of selection procedures in these three areas. involvement in international peacekeeping with the United Nations, I was pleased to support the Question No. 55 answered with Question work of IUNVA in the form of a once off grant No. 32. of \50,000 from my Department. I hope that this will go some way towards assisting IUNVA in its National Memorial. most valuable and worthwhile activities into the 56. Mr. Mulcahy asked the Minister for future. However, it is not planned to provide Defence when the National Memorial to com- annual funding or annual subventions. memorate deceased members of the Defence Forces who have died in service will be erected; National Drugs Strategy. the location where it will be erected; the person 59. Mr. Kelly asked the Minister for Defence who will be designing the memorial, the concept the number and rank of Defence Force personnel behind the design; the concept behind the design; tested in 2004, 2005, and 2006 under the drug test- and if he will make a statement on the matter. ing programme; the numbers and ranks of those [2921/07] who tested positive; the type and class of drugs detected; the action taken when a member tests Minister for Defence (Mr. O’Dea): It is positive; and if he will make a statement on the intended, with the co-operation of Dublin City matter. [2798/07] Council, to erect a “National Memorial to Members of the Defence Forces who died in Minister for Defence (Mr. O’Dea): A Compul- Service” in Merrion Square in Dublin later this sory Substance Testing Programme was intro- year. A tender competition was undertaken to duced on 1 February 2002 as part of a Defence select an artist to design, construct and install the Forces Substance Abuse Programme. This fol- Memorial. The closing date for receipt of tenders lowed a long consultative process involving the was 30 November 2006 and five short-listed pro- Office of the Attorney General, the Deputy posals were considered. A preferred tender has Judge Advocate General and the Defence Forces now been selected and subject to finalising the Representative Associations. site for the memorial with Dublin City Council The primary objective of Compulsory Random and entering into a contract with the selected art- Drugs Testing is deterrence. In order to provide ist I expect to be in a position to make a formal a credible level of deterrent, the testing prog- announcement in the coming weeks. ramme has been devised to maximise the possi- The funding allocated to the competition is bility of random selection for testing. A trained \175,000. The timetable is dependent on a Drugs Testing Team is responsible for taking smooth passage through all stages of the planning urine samples for compulsory random testing process and the construction and installation of throughout the Defence Forces. Testing com- the Memorial. menced on 14th November 2002 and the prog- ramme is now in its fifth year of operation. The Question No. 57 answered with Question target of testing 10% of the Permanent Defence No. 12. Force has been achieved. A member of the Per- manent Defence Force, randomly selected, may Defence Forces Allowances. be required, at any time, to provide a urine sam- 58. Mr. Quinn asked the Minister for Defence ple which will be tested for evidence of use of if he will provide an annual subvention to assist controlled drugs, or the abuse or misuse of other 1369 Questions— 1 February 2007. Written Answers 1370 substances, or for the detection of the metabolites The following table outlines the number of thereof. A member of the PDF who refuses to Defence Forces personnel tested under the com- provide a urine sample, or who provides a urine pulsory random drugs testing programme for sample which tests positive, may be liable to 2004, 2005 and 2006. It also indicates the number retirement, discharge or relinquishment of com- of positive tests and the number and rank of mission or withdrawal of cadetship as appropriate those who tested positive. under the provisions of Defence Force Regulations.

Year Number Positive Tests Number Ranks of those testing Remarks Tested Discharged positive

2004 1,110 4 4 4 Privates All discharged

2005 1,238 7 6 1 Corporal One recommendation for 5 Privates discharge awaiting Judicial 1 Recruit Review

2006 1,213 7 5 1 Sergeant (RDF) Administrative procedures 5 Privates are ongoing for the 1 Recruit remaining 2 personnel with positive tests

Personnel who test positive for controlled sub- the Brigade/Formation Commander will make a stances are liable for Administrative Discharge recommendation to the Deputy Chief of Staff from the Defence Forces. The test is designed to (Support) as to retention or retirement of the detect usage of certain controlled substances as individual and the individual will be informed of specified in the Misuse of Drugs Act 1977 as this recommendation. Having considered the amended by the Misuse of Drugs Act 1984, such recommendations of the Commanding Officer, as Amphetamines, Methylamphetamine, the Brigade/Formation Commander and all rep- Cocaine, Ecstacy (MDMA), Barbituates, Benzo- resentations made by the individual, the Deputy diazapines, Cannabis, Opiates and PCP. Chief of Staff (Support) decides on the retention The procedures following a positive test result or retirement of the officer. are summarised as follows: 1. The individual is paraded by his/her Commanding Officer and Defence Forces Training. informed of a positive ‘A sample’ test result and is invited to have his/her second sample, the ‘B 60. Mr. Mulcahy asked the Minister for sample’, tested at an alternative independent lab- Defence the number of commissioned and non- oratory. 2. The individual will be restricted to commissioned personnel currently attending third unarmed duties pending the completion of level education; the range of courses involved; the administrative action. 3. Should the individual cost incurred in 2004 and 2005; the funding pro- decline to have the ‘B sample’ tested, or should vided for third level education under the refund the ‘B sample’ result be positive, the individual of fees scheme operated by his Department; the will be paraded by his/her Commanding Officer number of applications received in 2004 and 2005; and informed that administrative action will be and the number of applicants successful in receiv- initiated which may result in his/her ing grants; and if he will make a statement on the discharge/retirement. The individual will be matter. [2922/07] invited to make representations showing cause as to why he/she should be retained in service. 4. Minister for Defence (Mr. O’Dea): The Having considered any representations from the military authorities have advised that there are individual, the Commanding Officer will make a currently 228 commissioned and non-com- recommendation to his/her Brigade/Formation missioned personnel attending education courses Commander as to the retention or at third level, ranging from Certificate to Masters discharge/retirement of the individual. The indi- Degree level. The fees incurred in relation to vidual will be paraded and informed of this such courses amounted to \663,188 in 2004 and recommendation. 5. The individual is also to \578,130 in 2005. afforded the opportunity to make further rep- The number of applications received from resentations directly to the Brigade/Formation military personnel for refunds of course fees, in Commander. 6. In the case of NCOs and Privates, respect of third level education in the individual’s following receipt of the Commanding Officer’s own time, was 35 in 2004. The figure for 2005 was recommendation, and having considered all rep- 51. All applications made were granted. The level resentations made by the individual, the of funding available for the Refunds of Fees Brigade/Formation Commander decides on Scheme for military personnel for third level retention or discharge. 7. In the case of officers, courses was \70,000 in 2004 and \72,000 in 2005. 1371 Questions— 1 February 2007. Written Answers 1372

Question No. 61 answered with Question The Permanent Defence Force manages recruit No. 26. intakes so as to keep its annualised monthly aver- age strength at or around 10,500. The White Commemorative Events. Paper on Defence provides for an allocation of up to 850 Permanent Defence Force personnel to 62. Mr. Rabbitte asked the Minister for be deployed overseas at any one time. While this Defence his plans to mark the 50th anniversary may be exceeded for short periods, deployments of the involvement by the Irish Defence Forces above this level are not sustainable on an ongoing in international peace keeping missions with the basis within existing resources. Any commitments United Nations; and if he will make a statement to EU or UN missions will be met within this on the matter. [2812/07] context. There were 812 PDF personnel deployed on Minister for Defence (Mr. O’Dea): Ireland has overseas operations at 31 December, 2006. I am participated continuously in United Nations satisfied that the current strength is adequate to peacekeeping operations since 1958, a service meet all needs arising at home and overseas. which has comprised more than 55,000 individual tours of duty. Question No. 64 answered with Question The first members of the Defence Forces to No. 27. deploy with a United Nations peacekeeping mis- sion did so on 28 June, 1958 with the United Citizenship Applications. Nations Observer Group in Lebanon (UNOGIL). A total of fifty (50) officers served 65. Mr. Kehoe asked the Ta´naiste and Minister with this mission during the period June to for Justice, Equality and Law Reform if a person December 1958 when the mission was withdrawn. (details supplied) in County Wexford is eligible This was followed by the deployment in to apply for naturalisation; the way they com- December 1958 of personnel to the first peace- mence this process; and if he will make a state- keeping operation established by the UN, the ment on the matter. [43700/06] United Nations Truce Supervision Organisation (UNTSO). Ireland’s participation in this mission Ta´naiste and Minister for Justice, Equality and continues to this day. Law Reform (Mr. McDowell): I refer the Deputy The military authorities are at present planning to my reply to Parliamentary Question No. 369 an appropriate commemoration to mark this sig- of Wednesday 27 September 2006. The position nificant milestone in the history of the Defence remains as stated. Forces. Residency Permits. Defence Forces Strength. 66. Mr. Kehoe asked the Ta´naiste and Minister for Justice, Equality and Law Reform the status 63. Mr. Durkan asked the Minister for Defence of the application for long-term residency for a if it is intended to increase the strength of the person (details supplied) in County Wexford; permanent Defence Forces having particular when a decision will be made; and if he will make regard to current and potential commitments; and a statement on the matter. [43701/06] if he will make a statement on the matter. [2980/07] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The position in 275. Mr. Durkan asked the Minister for relation to granting long term residency is as fol- Defence the optimum strength of the Army, lows: Persons who have been legally resident in Navy and Air Corps; and if he will make a state- the State for over five years on the basis of work ment on the matter. [3276/07] permit/work authorisation/work visa conditions may apply to the Immigration Division of my 277. Mr. Durkan asked the Minister for Department for a five year residency extension. Defence if the strength of the Defence Forces is In that context they may also apply to be exempt sufficient in view of expected deployments over- from employment permit requirements. The seas. [3278/07] dependants of the aforementioned, who have been legally resident in the State for over five Minister for Defence (Mr. O’Dea): I propose years may also apply for long term residency. to take Questions Nos. 63, 275 and 277 together; This particular long term permission does not The White Paper on Defence of 2000 provides grant an exemption from employment permit for a Permanent Defence Force strength of 10,500 requirements to any such dependants. comprising 930 for the Air Corps, 1,144 for the Time spent in the State on student conditions Naval Service and 8,426 for the Army. The cannot be counted towards long term residency. strength of the Permanent Defence Force as at 31 While applications for long term residency are December, 2006 was 10,479 comprising 865 for under consideration, the person concerned the Air Corps, 1,082 for the Naval Service and should ensure that their permission to remain in 8,532 for the Army. the State is kept up to date. 1373 Questions— 1 February 2007. Written Answers 1374

I understand that applications received in May attained the required standard in Mathematics 2006 are currently being dealt with. and English or Irish) or equivalent. I can also inform the Deputy that there is no Visa Applications. minimum requirement for a person wishing to become a Garda Trainee to hold a qualification 67. Mr. Kehoe asked the Ta´naiste and Minister in the Irish language, provided that person holds for Justice, Equality and Law Reform the reason qualifications in English and another language as a person (details supplied) was refused a joint set out in the Garda Sı´ocha´na (Admissions & spouse visa; the options now available to them; Appointments) Regulations 1988, as amended by and if he will make a statement on the matter. the Garda Sı´ocha´na (Admissions and [43702/06] Appointments) Amendment Regulations 2005. Ta´naiste and Minister for Justice, Equality and However, I want to make it very clear that Irish Law Reform (Mr. McDowell): The application will continue to have an important place in An referred to by the Deputy was received in the Garda Sı´ocha´na. Everyone who wishes to, must Cairo Visa Office on 8th August, 2006. The be able to communicate with the Force through decision of the Visa Officer to refuse the appli- our native language. An Garda Sı´ocha´na has a cation was taken on 16th August, 2006. The appli- very strong commitment to delivering a service cation was refused on the grounds that the appli- through Irish. Indeed, proficiency in Irish is cant’s spouse had insufficient funds to support strongly promoted within the Force, and that will the applicant. continue to be the case. The decision was appealed on 26th August, All recruits to An Garda Sı´ocha´na are required 2006. Following a re-examination of the case, the to achieve an appropriate standard in Irish before decision to refuse was upheld on 13th October, becoming full members of the Force. 2006. As each applicant is entitled to one appeal only, no further review in this matter can be Visa Applications. granted; however it is open to the applicant to 69. Mr. Kehoe asked the Ta´naiste and Minister make a fresh application. for Justice, Equality and Law Reform the delay in processing the application for a joint spouse for Recruitment Requirements. a person (details supplied); when a decision will 68. Mr. Kehoe asked the Ta´naiste and Minister be made; and if he will make a statement on the for Justice, Equality and Law Reform the mini- matter. [2666/07] mum requirements in terms of having Irish for persons wishing to enter the Prison Services and Ta´naiste and Minister for Justice, Equality and An Garda Sı´ocha´na; the reason for same; and if Law Reform (Mr. McDowell): I am pleased to he will make a statement on the matter. inform the Deputy that the application in ques- [2665/07] tion was approved on 30th January, 2007.

Ta´naiste and Minister for Justice, Equality and Citizenship Applications. Law Reform (Mr. McDowell): I can inform the Deputy that persons entering the Irish Prison 70. Mr. Kehoe asked the Ta´naiste and Minister Service under the 2006 recruitment campaign for Justice, Equality and Law Reform when a were required to hold a qualifying grade in two decision will be made on an application for natu- languages, one of which must be English or Irish ralisation for a person (details supplied) in as follows: English — a grade no lower than D3 County Carlow. [2667/07] Ordinary level — Leaving Certificate; Irish — a grade not lower than C3 Foundation level or D3 Ta´naiste and Minister for Justice, Equality and at another level — Leaving Certificate; Other lan- Law Reform (Mr. McDowell): An application for guage — a grade not lower than D3 Ordinary naturalisation from the individual in question was level — Leaving Certificate; or the Merit Grade received in the Citizenship Division of my in the Applied Leaving Certificate (must have Department on 21 February 2005. Applications attained the required standard in Mathematics, received in the second half of 2004 are currently English or Irish, and one other language). being processed and there are approximately Approval from the Department of Finance is 1300 applications awaiting processing before that awaited to proceed with a new recruitment cam- of this applicant. It is likely that the processing of paign to include the following eligibility con- this application will commence in mid to late ditions: A qualifying grade in either the English 2007. or Irish languages as follows: English — a grade It is imperative that the applicant keep all his not lower than D3 at Ordinary level — Leaving immigration affairs, in particular his permission Certificate, or equivalent; Irish — a grade not to remain, up to date during the processing of his lower than C3 at Foundation level or D3 at application for naturalisation. I will inform the another level — Leaving Certificate; or the Merit Deputy and the person concerned when I have Grade in Applied Leaving Certificate (must have reached a decision. 1375 Questions— 1 February 2007. Written Answers 1376

National Development Plan. ments outlined in the last National Development 71. Mr. Kehoe asked the Ta´naiste and Minister Plan in County Wexford; the plans and invest- for Justice, Equality and Law Reform the projects ments that have been completed, that are ongoing that were targeted in the last National Develop- or did not progress from planning stage; and if he ment Plan in County Wexford; the breakdown of will make a statement on the matter. [3158/07] each one completed or the stage that each project is at; the overspend envisaged and an explanation Ta´naiste and Minister for Justice, Equality and for each; and if he will make a statement on the Law Reform (Mr. McDowell): I propose to take matter. [3146/07] Questions Nos. 71 and 72 together. 72. Mr. Kehoe asked the Ta´naiste and Minister The information requested by the Deputy is for Justice, Equality and Law Reform the invest- as follows.

Projects targeted in the last NDP Breakdown of each project Overspend Investments outlined in the last in County Wexford completed or the stage that each envisaged and NDP for County Wexford project is at explanation for each

Boolavogue Textile Studio, The Duration: 2002-2005, Status: N/A Grant of \213,000 under Equality Old School, Ferns, Enniscorthy, Completed for Women Measure — Phase l County Wexford. — EU — co-financed. Access (2000) Wexford Ltd, 86 Duration: 2005-2007 (June) Status: N/A Grant of \195,000 under Equality Main Street, Wexford, County On schedule for Women Measure RAPID Wexford. strand — Phase ll — Exchequer financed. County Wexford VEC, Ibderius Duration: 2005-2007 (June) Status: N/A Grant of \185,000 under Equality House, Common Quay Street, On schedule for Women Measure RAPID New Ross, County Wexford. strand — Phase ll — Exchequer financed.

I can further inform the Deputy that the Aiseiri learning, they develop a capability to prioritise residential treatment and aftercare facility in responses to reported incidents. Wexford was targeted in the last National Development Plan for funding. Aiseiri caters for Garda Deployment. persons who are chemically dependent including, but not limited to, alcoholics and drug addicts as 74. Ms C. Murphy asked the Ta´naiste and Mini- well as catering for the treatment of gamblers. ster for Justice, Equality and Law Reform the The centre provides for the rehabilitation, treat- number of Gardaı´ employed in each of the ment and care of such persons (offenders) who Leixlip, Maynooth, Celbridge, Kilcock, Naas, were/are under the supervision of the Probation Carbury, Clane and Kill stations or sub-stations Service. During the term of the last NDP this by rank; the number of additional Gardaı´ facility received funding in the sum of \519,858 assigned to each of these stations over the past for the service provided which was in keeping year; and if he will make a statement on the with the approved funding allocation to that matter. [3166/07] facility. Ta´naiste and Minister for Justice, Equality and In addition, the Deputy will appreciate that Law Reform (Mr. McDowell): I have been County Wexford also benefited from the many informed by the Garda authorities, who are national initiatives carried out under the last responsible for the detailed allocation of NDP. resources, including personnel, that the personnel strength (all ranks) of An Garda Sı´ocha´na Garda Training. increased to a record 13,000 following the attest- 73. Ms C. Murphy asked the Ta´naiste and ation of 299 new members on Thursday, 16 Minister for Justice, Equality and Law Reform November, 2006. This compares with a total the training provided to Garda recruits in relation strength of 10,702 (all ranks) as at 30 June, 1997 to the way they prioritise responses to reported and represents an increase of 2,298 (or 21.5%) in incidents; if they are instructed on the incidents the personnel strength of the Force during that that are not responded to; if so, what these inci- period. The combined strength (all ranks), of dents are; and if he will make a statement on the both attested Gardaı´ and recruits in training as at matter. [3165/07] the 31 December 2006 was 14,068. Furthermore, I should say that in December, 2006 as part of a Ta´naiste and Minister for Justice, Equality and package of anti-crime measures, the Government Law Reform (Mr. McDowell): I have been approved the continuation of the existing Garda informed by the Garda authorities that trainee recruitment programme to achieve a total Garda gardaı´ undergo five phases of training. During strength of 15,000. The accelerated intake of 275 these phases, through experiential and academic new recruits per quarter into the Garda College 1377 Questions— 1 February 2007. Written Answers 1378 will continue until this target is met. The Garda personnel strength of the Dublin Metropolitan Budget now stands at \1.4 billion, an 11% Region West Garda Division as at the 31 January increase on 2006 and a 96% increase since 1997 2007 was 721. Kilcock Garda Station is located in in real terms. the Louth/Meath Division. The personnel Naas, Celbridge, Clane, Kill, Carbury and strength of the Louth Meath Division as at the 31 Maynooth Garda Stations are located in the January, 2007 was 549. I have been further Carlow/Kildare Division. The personnel strength informed that the personnel strength (by rank) of of the Carlow Kildare Division as at 31 January, the Leixlip, Maynooth, Celbridge, Kilcock, Naas, 2007 was 367. Carbury, Clane and Kill Garda stations as at 31 Leixlip Garda Station is located in the Dublin January, 2007 was as set out in the table Metropolitan Region West Garda Division. The hereunder:

31 January, 2007

Station C/Supt. Supt. Insp. Sergeant Garda Total

Leixlip — — — 3 22 25 Maynooth — — — 2 14 16 Celbridge — — — 3 16 19 Kilcock — — — 1 4 5 Naas 1 1 1 12 75 90 Carbury — — — — 2 2 Clane — — — 1 7 8 Kill — — — 1 2 3

Since the 31 December 2005, ten additional both attested Gardaı´ and recruits in training as at Gardaı´ have been assigned to Naas Garda Station the 31 December 2006 was 14,068. Furthermore, and three additional Gardaı´ have been assigned I should say that in December, 2006 as part of a to Clane Garda Station. package of anti-crime measures, the Government Garda personnel assigned throughout the approved the continuation of the existing Garda country, together with overall policing arrange- recruitment programme to achieve a total Garda ments and operational strategy, are continually strength of 15,000. The accelerated intake of 275 monitored and reviewed to ensure optimum use new recruits per quarter into the Garda College of Garda resources and the delivery of the best will continue until this target is met. The Garda possible service to the public. During the allo- Budget now stands at \1.4 billion, an 11% cation of newly attested personnel, the needs of increase on 2006 and a 96% increase since 1997 the Garda Stations in Co Kildare will be fully in real terms. considered by the Garda Commissioner within the overall context of the needs of Garda Stations As the Deputy will be aware, the information throughout the country. requested in Parliamentary Question No. 263 of 3 October, 2006 was not available at the time. However, I have since been informed by the Garda Strength. Garda authorities that the new Garda station in 75. Mr. Durkan asked the Ta´naiste and Mini- Carbury has been in operation since 2 June, 2006. ster for Justice, Equality and Law Reform when The personnel strength of the station as at 30 he expects the information promised in reply to January, 2007 was 2 (all ranks). The opening Parliamentary Question No. 263 of 3 October hours of Carbury Garda Station are as set out in 2006 to be available; and if he will make a state- the table hereunder: ment on the matter. [3208/07]

Monday-Saturday Sunday Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been 10 a.m. — 1 p.m. Not open informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel Garda management state that outside of these strength (all ranks) of An Garda Sı´ocha´na opening hours, the P.A.C.B. (Public Access Call increased to a record 13,000 following the attest- Box) system is in place and calls are diverted to ation of 299 new members on Thursday, 16 Kildare Garda station. Garda management November, 2006. This compares with a total further state that the former Carbury Garda strength of 10,702 (all ranks) as at 30 June, 1997 Station is owned by the Office of Public Works and represents an increase of 2,298 (or 21.5%) in and a final decision has not yet been made the personnel strength of the Force during that whether or not the former station will be required period. The combined strength (all ranks), of for Garda use. 1379 Questions— 1 February 2007. Written Answers 1380

Crime Levels. Minister for Justice, Equality and Law Reform when the updated leaflet on Irish citizenship fol- 76. Mr. Durkan asked the Ta´naiste and Mini- lowing on from the Irish Nationality and Citizen- ster for Justice, Equality and Law Reform when ship Act 2004 as enacted on 1 January 2005 will he expects the information promised in reply to be posted on his Department’s website, as stated Parliamentary Question No. 256 of 3 October in the note in the sections headed information on 2006 to be available; and if he will make a state- Irish Citizenship and Irish Citizenship by Natural- ment on the matter. [3209/07] isation; and the reason for the delay. [3259/07] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I can inform the Ta´naiste and Minister for Justice, Equality and Deputy that a reply relating to the subject matter Law Reform (Mr. McDowell): The Irish of Parliamentary Question No. 256 of 3 October, Nationality and Citizenship Act, 2004 made cer- 2006 issued to him today. tain changes to Irish citizenship law which came into force on 1 January 2005. Due to the signifi- cant increase in the number of citizenship appli- Court Procedures. cations being received, as set out in the 77. Mr. Durkan asked the Ta´naiste and Mini- accompanying table, it has been necessary to ster for Justice, Equality and Law Reform when deploy all available resources to deal with the he expects the information promised in replies to processing of same. Consequently, it has not been Parliamentary Question Nos. 219 and 220 of 7 possible to update the information leaflet November 2006 to be available; and if he will referred to in the Deputy’s question. make a statement on the matter. [3210/07] Year Applications for Ta´naiste and Minister for Justice, Equality and naturalisation received Law Reform (Mr. McDowell): I can inform the Deputy that a reply relating to the subject matter 2000 1,004 of Parliamentary Question Nos. 219 and 220 of 7 2001 1,431 November, 2006 issued to him today. 2002 3,574 2003 3,580 Garda Investigations. 2004 4,074 78. Mr. Neville asked the Ta´naiste and Minister 2005 4,523 for Justice, Equality and Law Reform the cost of the investigation into claims (details supplied). 2006 7,030 [3253/07] I have been informed by my officials that work is Ta´naiste and Minister for Justice, Equality and ongoing on an updated version of the leaflet, Law Reform (Mr. McDowell): It would be which takes into account the changes arising from neither customary, practical nor informative to the Irish Nationality and Citizenship Act 2004, ascribe monetary value to any Garda investi- and this will be available in the very near future. gation of the type in question. Garda Stations. Human Rights Issues. 81. Mr. Howlin asked the Ta´naiste and Mini- 79. Aengus O´ Snodaigh asked the Ta´naiste and ster for Justice, Equality and Law Reform if his Minister for Justice, Equality and Law Reform if attention has been drawn to the fact that the or when Ireland will sign up to the UN Conven- Garda station in Portarlington opens only during tion on the Rights of People with Disabilities; the office hours and residents are often connected to reservations there will be; and if he will make a Portlaoise when they ring Portarlington station; if statement on the matter. [3258/07] Garda deployment will be reviewed in view of the fact that the population of both Portarlington and Ta´naiste and Minister for Justice, Equality and the nearby village of Killenard has increased sub- Law Reform (Mr. McDowell): The question of stantially in recent years; and if he will make a signing the UN Convention on the Rights of statement on the matter. [3261/07] People with Disabilities is being examined by my Department in consultation with all relevant Ta´naiste and Minister for Justice, Equality and Departments and the Attorney General’s Office Law Reform (Mr. McDowell): I have been with a view to an early decision in the matter. informed by the Garda authorities, who are The necessary examination has been arranged as responsible for the detailed allocation of a preliminary step to seeking a Government resources that the personnel strength of An decision for approval to sign the Convention. Garda Sı´ocha´na increased to a record 13,000 fol- lowing the attestation of 299 new members on 16 Citizenship Applications. November, 2006. This compares with a total strength of 10,702 as at 30 June, 1997 and rep- 80. Aengus O´ Snodaigh asked the Ta´naiste and resents an increase of 2,298 (or 21.5%) in the 1381 Questions— 1 February 2007. Written Answers 1382 strength of the Force during that period. The (Amendment) Act 1965; and if he will make a combined strength (all ranks), of both attested statement on the matter. [3271/07] Gardaı´ and recruits in training as at the 31 December 2006 was 14,068. Furthermore, I Ta´naiste and Minister for Justice, Equality and should say that in December, 2006 as part of a Law Reform (Mr. McDowell): I have requested package of anti-crime measures, the Government a Garda report in relation to this matter and I approved the continuation of the existing Garda will contact the Deputy again when the report is recruitment programme to achieve a total Garda to hand. strength of 15,000. The accelerated intake of 275 new recruits per quarter into the Garda College Residency Permits. will continue until this target is met. The Garda 83. Mr. G. Mitchell asked the Ta´naiste and \ Budget now stands at 1.4 billion, an 11% Minister for Justice, Equality and Law Reform increase on 2006 and a 96% increase since 1997 when an application for a person (details in real terms. supplied) for permanent residency will be pro- The Garda authorities state that Portarlington cessed; and if he will make a statement on the Garda Station forms part of the Portlaoise Garda matter. [3282/07] District. Local Garda management report that Portarlington Garda Station is normally open to Ta´naiste and Minister for Justice, Equality and the public for 4 hours each day Monday to Satur- Law Reform (Mr. McDowell): The position in day between the hours of 10 am to 1 p.m. and relation to granting long term residency is as fol- 8 p.m. to 9 p.m. Portarlington Garda Station is lows: Persons who have been legally resident in equipped with a Public Access Call Box the State for over five years on the basis of work (P.A.C.B.) system and outside the opening hours permit/work authorisation/work visa conditions of the Station, all calls are diverted to the District may apply to the Immigration Division of my Headquarters at Portlaoise Garda Station. I am Department for a five year residency extension. further informed that resources are augmented In that context they may also apply to be exempt from within the District/Division, to patrol and from employment permit requirements. respond to any calls from the Portarlington area. The dependants of the aforementioned, who Resources are further augmented by a number of have been legally resident in the State for over Garda National Units such as the Garda National five years, may also apply for long term residency. Drugs Unit, the Garda National Immigration This particular long term permission does not Bureau (GNIB), the Criminal Assets Bureau grant an exemption from employment permit (CAB) and other specialised units, all of which requirements to any such dependants. Time spent have had increased resources. in the State on student conditions cannot be Garda management state that the extension of counted towards long term residency. While the opening hours at individual Garda Stations is applications for long term residency are under a matter for each Divisional Officer. The exten- consideration, the person concerned should sion of opening hours at any Garda Station would ensure that their permission to remain in the necessitate the employment of additional person- State is kept up to date. An application for long nel on indoor administrative duties and conse- term residence from the person referred to by the quently a loss to outdoor operational policing. It Deputy was received in December 2006. I under- is the responsibility of the Divisional Officer to stand that applications received in May 2006 are allocate personnel within Divisions on a priority currently being dealt with. basis in accordance with the requirements of different areas. These personnel allocations are Asylum Applications. determined by a number of factors including 84. Mr. O’Shea asked the Ta´naiste and Mini- demographics, crime trends and other oper- ster for Justice, Equality and Law Reform when ational policing needs. Garda management state a decision will be reached on the application of a that such allocations are continually monitored person (details supplied) in County Waterford to and reviewed along with overall policing arrange- be allowed to remain here on humanitarian ments and operational strategy. This ensures that grounds; and if he will make a statement on the optimum use is made of Garda resources, and matter. [3284/07] that the best possible service is provided to the public. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The person con- Animal Welfare. cerned arrived in the State on 27 January, 2004 and applied for asylum. His application was 82. Mr. Gregory asked the Ta´naiste and Mini- refused following consideration of his case by the ster for Justice, Equality and Law Reform if the Office of the Refugee Applications Com- treatment of the deer at a school (details missioner and, on appeal, by the Refugee supplied) in County Meath will be fully investi- Appeals Tribunal. Subsequently, in accordance gated by the Gardaı´ and the perpetrators pros- with Section 3 of the Immigration Act, 1999, as ecuted under the Protection of Animals amended, he was informed by letter dated 29 1383 Questions— 1 February 2007. Written Answers 1384

[Mr. McDowell.] Regulations. However, arrangements have been July, 2005, that the Minister proposed to make a reviewed to address these matters. deportation order in respect of him. He was given the options, to be exercised within 15 working Asylum Applications. days, of making representations to the Minister setting out the reasons why he should be allowed 87. Mr. Durkan asked the Ta´naiste and Mini- to remain temporarily in the State; leaving the ster for Justice, Equality and Law Reform the State before an order is made or consenting to residency status in the case of a person (details the making of a deportation order. Represen- supplied) in Dublin 6; and if he will make a state- tations have been received on behalf of the per- ment on the matter. [3343/07] son concerned. This person’s case file, including all representations submitted, will be considered Ta´naiste and Minister for Justice, Equality and under Section 3(6) of the Immigration Act, 1999, Law Reform (Mr. McDowell): The person con- as amended, and Section 5 of the Refugee Act, cerned arrived in the State on 18 December, 2002 1996 (Prohibition of Refoulement). I expect the and applied for asylum. His application was file to be passed to me for decision in due course. refused following consideration of his case by the Office of the Refugee Applications Com- 85. Mr. O’Shea asked the Ta´naiste and Mini- missioner and, on appeal, by the Refugee ster for Justice, Equality and Law Reform when Appeals Tribunal. Subsequently, in accordance a decision will be reached on the family reunifi- with Section 3 of the Immigration Act, 1999, as cation application of a person (details supplied) amended, he was informed by letter dated 19 in County Waterford; and if he will make a state- August, 2004, that the Minister proposed to make ment on the matter. [3285/07] a deportation order in respect of him. He was given the options, to be exercised within 15 work- Ta´naiste and Minister for Justice, Equality and ing days, of making representations to the Mini- Law Reform (Mr. McDowell): I am informed by ster setting out the reasons why he should be the Immigration Division of my Department that allowed to remain temporarily in the State; leav- the person in question made an application for ing the State before an order is made or con- Family Reunification in September 2004. The senting to the making of a deportation order. application was forwarded to the Refugee Appli- Representations have been received on behalf of cations Commissioner for investigation as the person concerned. required under Section 18 of the Refugee Act This person’s case file, including all represen- 1996. This investigation is completed and the tations submitted, will be considered under Commissioner has forwarded a report to my Section 3(6) of the Immigration Act, 1999, as Department. This application is under consider- amended, and Section 5 of the Refugee Act, 1996 ation and a decision will issue in due course. (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course. Statutory Instruments. Citizenship Applications. 86. Mr. J. O’Keeffe asked the Ta´naiste and Minister for Justice, Equality and Law Reform 88. Mr. Durkan asked the Ta´naiste and Mini- the title of each statutory instrument which he ster for Justice, Equality and Law Reform the made during 2006 and which was not published reason a decision on the application for naturalis- in the usual way pursuant to Section 3 of the ation in the case of a person (details supplied) in Statutory Instruments Act 1947; and if he will County Kildare has been postponed in view of make a statement on the matter. [3303/07] the fact that their spouse, whose application was made at the same time, has been awarded natu- Ta´naiste and Minister for Justice, Equality and ralisation; if it is intended that the family should Law Reform (Mr. McDowell): I can inform the remain together; and if he will make a statement Deputy that it is standard practice in my Depart- on the matter. [3344/07] ment to place a notice of the making of Statutory Instruments (S.I.s) in Iris Oifigiu´ il and to lay cop- Ta´naiste and Minister for Justice, Equality and ies of same before both houses of the Oireachtas. Law Reform (Mr. McDowell): Applications for I can confirm that all S.I.s made in 2006 were naturalisation from the persons in question were published. In some instances, the requirement to received in the Citizenship Division of my issue copies of S.I.s to named bodies, for example, Department on 10 February 2004. As each appli- Chambers of Commerce, was not fully complied cation for naturalisation is examined on its merits, with. In three cases, the requirements concerning it does not automatically follow that because one the printing of and location where S.I.s were person is granted citizenship that a spouse or available were not fully complied with. These other family member will also be granted citizen- cases are S.I. 620 of 2006 — Garda Sı´ocha´na Act ship. Therefore, when I considered the appli- 2005 (Section 19(5)) Order 2006; S.I. 680 of 2006 cations referred to in the Deputy’s question, in — Garda Sı´ocha´na (Retirement) Regulations; December 2006, I decided to grant a certificate of S.I. 286 of 2006 — Garda Sı´ocha´na (Ranks) naturalisation to the spouse of the person con- 1385 Questions— 1 February 2007. Written Answers 1386 cerned and to defer making a final decision in the gration Act 1999, as amended. These consider- first-named person’s case until December 2007. ations include matters relating to the common Both persons were informed separately of my good, the person’s family and domestic circum- decisions and the first named person was also stances, as well as humanitarian considerations. notified of my position and the reason for it. I Consideration will also be given to the prohib- intend to wait until December 2007 to make a ition of refoulement, which is contained in section final decision on the matter although my officials 5 of the Refugee Act 1996, as amended. will be in touch with the person concerned in advance of submitting the file to me for a final 91. Mr. Durkan asked the Ta´naiste and Mini- decision. My decision to defer consideration of ster for Justice, Equality and Law Reform the the first-named individual’s application should current or expected residency status in the case have no bearing on whether the family remain of a person (details supplied) in Dublin 8; and if together. he will make a statement on the matter. [3347/07] 89. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the Ta´naiste and Minister for Justice, Equality and progress to date in the application for naturalis- Law Reform (Mr. McDowell): I refer the Deputy ation in the case of a person (details supplied) in to Parliamentary Question No. 89 of Thursday 12 County Kildare; and if he will make a statement October, 2006 and the written reply to that Ques- on the matter. [3345/07] tion. The position is unchanged.

Ta´naiste and Minister for Justice, Equality and Garda Stations. Law Reform (Mr. McDowell): An application for 92. Mr. Wall asked the Minister for Finance the naturalisation from the person in question was position regarding the refurbishment of Castled- received in the Citizenship Division of my ermot Garda Station; when the refurbishment Department on 24 April 2006. Applications work will commence; if the residential aspect of received in the second half of 2004 are currently the station will be brought up to a proper residen- being processed and there are approximately tial standard; and if he will make a statement on 7100 applications awaiting processing before that the matter. [3310/07] of the person in question. Applications for natu- ralisation, including those made from persons Minister of State at the Department of Finance married to Irish citizens, are generally dealt with (Mr. Parlon): I am advised by the Commissioners in chronological order as this method is deemed of Public Works that the Garda Authorities and to be fairest to all applicants. It is likely that the the Department of Justice, Equality & Law processing of this application will commence in Reform have included Castledermot Garda late 2008. I will inform the Deputy and the person station on the 2007 Garda Minor Capital Works concerned when I have reached a decision on Programme. the matter. The Office of Public Works propose to carry out refurbishment works to the Garda station to Residency Permits. accommodate the current and anticipated human 90. Mr. Durkan asked the Ta´naiste and Mini- resource requirements. The Commissioners have ster for Justice, Equality and Law Reform the written to the Garda Authorities for their direc- progress in the application for residency in the tion on whether to retain the residential element case of a person (details supplied) in County of the property or to convert the residence into Kildare; and if he will make a statement on the accommodation for the Garda station proper. matter. [3346/07] Once the Office of Public Works have received direction on this matter, they can commence with Ta´naiste and Minister for Justice, Equality and the design process and prepare a scheme to meet Law Reform (Mr. McDowell): I refer to my the approval of the Garda Authorities. Subject to responses to Parliamentary Questions, numbers the approval of the Garda Authorities and fol- 32499/06 of 12 October, 2006 and 33842/06 of 19 lowing the subsequent tender process, it is hoped October, 2006 where I advised that my Depart- that works will commence later this year. ment wrote to this applicant’s legal representative inviting them to lodge further representations, Tax Code. regarding an application for leave to remain. To 93. Mr. Kehoe asked the Minister for Finance date, this Department has not received a if he will arrange for a P21 to be issued for a response. My Department wrote again on person (details supplied) in County Wexford; and 31/01/2007 to the applicant’s legal representative, if he will make a statement on the matter. to again invite up to date representations. [43773/06] I expect the case file in this matter, to be sub- mitted to me for decision in due course. This Minister for Finance (Mr. Cowen): Iam decision will be taken having regard to consider- informed by the Revenue Commissioners that the ations, specified in section 3(6) of the Immi- original statement of pay and tax 2005 (P21) was 1387 Questions— 1 February 2007. Written Answers 1388

[Mr. Cowen.] Apart from the incapacitated child tax credit, issued to the taxpayer on 6 September 2006. I am the tax code does not provide tax relief in respect also informed that Revenue arranged for a dupli- of the maintenance of children. Accordingly, a cate to be sent to the taxpayer on 10 January person paying maintenance for a child, whether 2007. born inside or outside of marriage, is not entitled to claim tax relief for maintenance paid by him in Departmental Correspondence. respect of that child. This is in line with the tax treatment of all parents, where the cost of main- 94. Mr. Kehoe asked the Minister for Finance taining their children is not tax deductible. when will the file for a person (details supplied) I have no plans to change this position. in County Wexford be reviewed by the Office of the Inspector of Taxes in order for them to pro- ceed to pursue an ongoing matter through the 97. Mr. Kehoe asked the Minister for Finance Department of Social and Family Affairs; and if if people who switch their mortgage from one he will make a statement on the matter. bank to another are liable to pay stamp duty; if [2647/07] so, the reason for same; his views on whether this is anti-competitive; the amount of stamp duty Minister for Finance (Mr. Cowen): I have been taken in by his Department in the past five years advised by the Revenue Commissioners that they by persons switching their mortgage; and the have received correspondence in relation to the breakdown of figures per year. [2749/07] above matter from the taxpayer’s agent and that the issue raised by the agent has been reviewed Minister for Finance (Mr. Cowen): I would by the Revenue District dealing with the case. A draw to the Deputy’s attention that the stamp reply will issue to the agent within the next few duty head of charge for mortgages was abolished days. in the recent Budget with regard to mortgage deeds executed on or after 7 December 2006. Tax Code. I am informed by the Revenue Commissioners that, as mortgages which are being switched from 95. Mr. Kehoe asked the Minister for Finance one bank to another are not required to be if the claim for refund of income tax for a person specifically identified as such, a separate break- (details supplied) in County Wexford will be down of stamp duty paid on these mortgages is reduced due to the disability benefit being paid not available. However, the cost of abolishing the to them at present; and if he will make a state- mortgage head of charge was estimated at \20m ment on the matter. [2648/07] in 2007.

Minister for Finance (Mr. Cowen): The posi- Departmental Programmes. tion is that disability benefit is a taxable source of income and therefore forms part of total 98. Mr. Kehoe asked the Minister for Finance income for tax purposes. I am informed by the the projects that were targeted in the last national Revenue Commissioners that in the case referred development plan in County Wexford; the break- to, the taxpayer’s liability on his disability benefit down of each one completed or the stage that is being collected on a weekly basis by his each project is at; the overspend envisaged and employer by way of reduction of his tax credits. an explanation for each; and if he will make a In order to determine if the correct tax liability statement on the matter. [3143/07] has been collected on his behalf by the employer, the taxpayer should submit his form P60 for 2006 99. Mr. Kehoe asked the Minister for Finance to the Revenue Commissioners. An end of year the investments outlined in the last national review will then be carried out which will include development plan in County Wexford; the plans details of income from all sources, including dis- and investments that have been completed, that ability benefit and give credit for all tax deducted are ongoing or did not progress from planning on his behalf. stage; and if he will make a statement on the matter. [3156/07] 96. Mr. Kehoe asked the Minister for Finance his plans to introduce additional tax breaks for Minister for Finance (Mr. Cowen): I propose people paying maintenance for children who are to take Questions Nos. 98 and 99 together. born outside of marriage; and if he will make a The National Development Plan/Community statement on the matter. [2649/07] Support Framework (NDP/ CSF) 2000-2006 is an integrated investment plan and strategy for econ- Minister for Finance (Mr. Cowen): As pre- omic and social development for Ireland. The viously indicated to the Deputy in this regard, the Plan is delivered through seven Operational State provides a wide range of support mechan- Programmes (OPs), the Economic and Social isms for children with regard to their welfare, Infrastructure OP, the Employment and Human health and education, including the universal pay- Resources OP, the Productive Sector OP, the ment of Child Benefit and, the early Childcare Southern and Eastern (S&E) Regional OP, Supplement. Borders, Midland and Western (BMW) Regional 1389 Questions— 1 February 2007. Written Answers 1390

OP, the PEACE OP and the Technical Assist- If the matter cannot be resolved by agreement, ance OP. Each of these OPs has a Monitoring section 948 of the Taxes Consolidation Act 1997 Committee which meets twice yearly to monitor provides for the right of appeal and, again, the the ongoing implementation of the Programme. appeal should be submitted to the Revenue Dis- There is also an overarching NDP/CSF Monitor- trict named above. Following receipt of Notices ing Committee which is chaired by my Depart- of Assessments for the years 2002-2005 the for- ment and this Committee also meets at least twice mal appeal should be lodged within 30 days. a year. Progress on the NDP/CSF is monitored and 101. Ms Burton asked the Minister for Finance reported on a regional basis, that is, for the BMW the capital allowances allocated to the Beacon and S&E regions. Hospital development for each of the past five My Department reviews and generally moni- years; and if he will make a statement on the tors implementation of the NDP/CSF on this matter. [3187/07] basis from information submitted by the Oper- ational Programme Monitoring Committees but Minister for Finance (Mr. Cowen): The Deputy does not monitor expenditure at county level. will be aware that for reasons of taxpayer confi- However, the NDP/CSF information website dentiality the Revenue Commissioners would not (www.ndp.ie) provides information on certain divulge information regarding the tax affairs of projects categorised on a county basis and the individual taxpayers (including companies). Deputy may wish to refer to that website for information on projects in County Wexford. 102. Mr. Boyle asked the Minister for Finance the reason VAT registered individuals purchasing My Department does not maintain data on the high fuel emission commercial vehicles (details status of individual projects or investments under supplied) receive a full VAT refund and there- the NDP/CSF as this is a matter for individual fore only pay the nominal VRT fee despite the Departments and Agencies who are responsible increased pollution caused by such vehicles; and for project funding and, where appropriate, pro- if he will address this issue in the context of ject implementation. planned changes in environmental taxation as announced in Budget 2007. [3202/07] Tax Code. 100. Ms Shortall asked the Minister for Finance Minister for Finance (Mr. Cowen): The posi- the appeals process for a person who is charged tion is that VAT deductibility is allowed in the back tax on the basis that a social welfare pay- case of motor vehicles that are classed as Cate- ment was not taken into account in calculating gory B or C for VRT purposes but not for Cate- income tax liability in previous tax years by the gory A vehicles (cars). Category B vehicles would typically include what are commonly called “crew Revenue Commissioners; the procedures in place cabs” or commercial jeeps while Category C to reduce the rate of annual repayment to a more vehicles would include vans and lorries. VAT manageable level; if he will provide a contact deductibility is allowed in the case of Category B number other than 1890 33 34 25, from which it is or C vehicles as these are regarded as being proving impossible to receive a reply, for persons designed and constructed for the transport of (details supplied) in Dublin 15 to contact the goods, plant, equipment, etc. Under EU VAT Revenue Commissioner to discuss their case; and law, with which Irish VAT law must comply, if he will make a statement on the matter. there is no restriction of entitlement to VAT [3164/07] deductibility by reference to the fuel-efficiency, emissions or other environmental characteristics Minister for Finance (Mr. Cowen): I have been of any vehicle or class of vehicle. advised by the Revenue Commissioners that on As regards VRT, commercial vehicles are sub- 20 September 2006 the taxpayer in question ject to a much lower rate of VRT than that which requested balancing statements for the years 2002 applies to private cars (Category A vehicles). Cat- to 2005. Following a review of his liability a total egory B vehicles are subject to VRT amounting \ underpayment of 4,906.67 arose. The under- to 13.3% of the open market selling price while a payment arose due to the fact that his spouse was flat rate of \50 applies to Category C vehicles. in receipt of invalidity pension during the above The public consultation process announced in years, which had previously been untaxed. the Budget, with respect to future changes in The Revenue officer dealing with the case pro- VRT and motor tax to take account of emission posed to collect the underpayment by reducing levels, relates solely to private cars. I have not the taxpayer’s tax credits over a six-year period ruled out making future changes to VRT rates commencing 1 January 2008. However if the tax- applying to Category B and Category C vehicles, payer wishes to have the underpayment collected however, we need to examine the competi- over an extended period he may contact Ms. Ann tiveness issues that arise from making any such Doran, Fingal Revenue District, Block D, Ash- changes. Increasing the costs associated with towngate, Dublin 15, phone number 01 — transporting goods, or the carrying of necessary 8277043. tools and equipment required to undertake 1391 Questions— 1 February 2007. Written Answers 1392

[Mr. Cowen.] of the Revenue Commissioners jobs to Listowel, labour intensive services, essentially leads to County Kerry; and if he will make a statement on higher prices for consumers. Notwithstanding the matter. [3250/07] this, if changes can be made that have clear environmental benefits without impacting greatly Minister for Finance (Mr. Cowen): Iam on costs, these will be given appropriate con- advised by the Revenue Commissioners that the sideration. Office of Public Works have agreed terms on suit- able accommodation for Revenue in Listowel. Decentralisation Programme. The Office of Public Works are currently finalising the fit-out of the premises and the 103. Mr. G. Murphy asked the Minister for Fin- indicative timeframe for occupation is now mid- ance the progress made on decentralising the 2007. Office of Public Works to Kanturk, County Cork; the type of jobs that will available; and if they will Garda Stations. all be filled internally or if some of the vacancies will be filled from outside. [3205/07] 106. Mr. McEllistrim asked the Minister for Finance the reason no progress has been made by Minister of State at the Department of Finance the Office of Public Works on Castleisland Garda (Mr. Parlon): The Office of Public Works (OPW) Station, County Kerry (details supplied); and if is currently negotiating the acquisition of a site in he will make a statement on the matter. Kanturk for a new decentralised office, in con- [3233/07] junction with the Local Authority. The indicative timeframe for the completion of the construction Minister of State at the Department of Finance of the new building in Kanturk is the end of 2008. (Mr. Parlon): Significant progress has been made This office, which will have of the order of 100 by the Office of Public Works in providing a new posts, has currently some 90 applications on the Garda station at Castleisland, Co. Kerry. Central Applications Facility (CAF), which A sketch scheme for the new Garda Area remains open for new applications. OPW is cur- Headquarters was sent to the Department of rently processing these CAF applications and it is Justice, Equality & Law Reform and the Garda expected that CAF applicants currently employed Authorities on January 15th 2007. On receipt of with Government Departments and Offices will approval to the sketch scheme a Part 9 planning fill the majority of the posts concerned. process will be initiated soon thereafter. Assuming approval is obtained to the Part 9 plan- Parliamentary Questions. ning process it is expected that tenders will be invited and a contract placed by autumn of 2007. 104. Mr. Connolly asked the Minister for Fin- ance the number of parliamentary questions Tax Code. replied to by his Department in 2006; the cost involved; and if he will make a statement on the 107. Mr. Bruton asked the Minister for Finance matter. [3236/07] the basis of tax to be levied on single premium investments at eight year intervals; if this tax is Minister for Finance (Mr. Cowen): I responded discriminatory compared to persons who invest in to some 2,300 Parliamentary Questions in 2006, stocks and shares. [3287/07] both written and oral. Parliamentary Questions are dealt with, as the Minister for Finance (Mr. Cowen): Finance Act need arises, by the staff in the sections dealing 2000 introduced changes to the way in which tax with the particular issue(s) raised in individual was paid on life policies taken out after 1 January Parliamentary Questions. The number and level 2001 (the gross roll up regime). Under gross roll of staff and time spent on an individual answer up, no tax is charged on investment proceeds dur- depends on the complexity of the issues raised, ing the term of the investment, but an exit tax (of the form in which the information exists in the 23%) applies on the net investment proceeds paid Department, and the form of the proposed to a policy holder when the policy matures or response, i.e. whether oral or written. when rights under the policy are surrendered or As the processing of Parliamentary Questions assigned. is undertaken as part of the normal day to day Changes were introduced in Finance Act 2005 work of individual sections within the Depart- which added a new chargeable event providing ment it is not possible to isolate the admini- for the calculation of the gain and the collection stration costs of processing Parliamentary Ques- of the tax. The new event was the ending of each tions from the overall administrative costs of the 7-year period following the inception of the Department. policy and this was subsequently increased to 8 years in Finance Act 2006. The purpose of this was to ensure that exit tax could not be deferred Decentralisation Programme. indefinitely by the continual rolling over of a life 105. Mr. Deenihan asked the Minister for Fin- assurance policy without it becoming chargeable ance the position regarding the decentralisation to tax. 1393 Questions— 1 February 2007. Written Answers 1394

An individual investing in stocks and shares Minister for Finance (Mr. Cowen): I should pays income tax at his or her marginal rate of explain that not-for-profit organisations are tax on all income arising on such investments. In exempt from VAT under the EU VAT Directive addition, capital gains tax arises on the gain aris- with which Irish law must comply. The means ing from the eventual disposal of the investments. that non-profit making organisations do not These different tax treatments, as between an charge VAT on their services and cannot recover individual investing in stocks and shares as VAT on goods and services which they purchase. against his or her investing in a collective invest- Essentially only VAT registered businesses which ment vehicle, such as a life assurance fund, are charge VAT are able to recover VAT. very long-standing and I do not regard the differ- The VAT Act lists a range of activities that are ent treatments as discriminatory. exempt from VAT. Included in this list is the pro- motion of and admissions to live theatrical or Statutory Instruments. musical performances. This very broad exemp- tion is allowed under Article 132 of the EU VAT 108. Mr. J. O’Keeffe asked the Minister for Directive. In effect, this means that the promoter Finance the title of each statutory instrument realises the full value of admission fee as no VAT which he made during 2006 and which was not is applied to admission fees. In this regard, the published in the usual way pursuant to section 3 current exemption is already very generous of the Statutory Instruments Act 1947; and if he covering a broad range of actives accessible to the will make a statement on the matter. [3300/07] wider public. In addition, one of the basic tenets of EU VAT Minister for Finance (Mr. Cowen): All statu- law relates to the proper functioning of the tory instruments which were made by me in 2006 internal market. This means that it is not possible were published in accordance with Section 3 of to use VAT law to favour artists not resident in the Statutory Instruments Act 1947. this state over artists that are resident in the state. In relation to providing a VAT exemption for Departmental Programmes. performance fees charged by musical or theatrical performers to not-for-profit arts organisations, 109. Mr. Bruton asked the Minister for Finance the position is that the VAT treatment of a part- the way excess deductions from people by a com- icular good or service is determined by the nature puting error in the Revenue Commissioners came of the good or service, and not by the status of to occur; the checks in the system to prevent the customer. There is no provision in European same; the reason they failed; the role the financial VAT law that would allow for an exemption from institutions played in the incident; if there are VAT on supplies by non-resident artists when lessons to be learnt there; and if he will make a they perform for not-for-profit cultural organis- statement on the matter. [3330/07] ations as such an exemption would have to apply to all such performers. It is estimated that this Minister for Finance (Mr. Cowen): Iam would cost in excess of \20 million. All perform- advised by the Revenue Commissioners that the ance fees are therefore liable to VAT at the stan- excess deductions were in fact due to human dard rate of 21 per cent. error rather than a computing error and the fin- ancial institutions played no role in the incident. 111. Mr. Penrose asked the Minister for Fin- Revised procedural and communication arrange- ance if Section 23 relief is available for particular ments have been put in place by Revenue to areas which might be suffering adverse economic prevent such a recurrence. circumstances in large urban areas; if, in this con- I am further advised by Revenue that the work text, an application were to come in from in refunding the amounts deducted in error has Athlone Town Council for the utilisation of such been completed. Customers who incurred the reliefs on the west side of town, if same would be excess deductions are being asked to supply considered; and if he will make a statement on Revenue with details of any charges or penalties the matter. [3332/07] suffered as a result of the excess deductions so that Revenue can make good those costs and deal Minister for Finance (Mr. Cowen): I take it the with the matter of interest on the excess Deputy is referring to the tax incentives, includ- deductions. ing the Section 23 relief for rented residential accommodation, that are currently provided Tax Code. under the 1999 Urban Renewal Scheme. There are 49 urban areas designated for a range of 110. Mr. McCormack asked the Minister for reliefs under the 1999 Urban Renewal Scheme. Finance his proposals in the Finance Bill 2007 to Athlone is among the 49 urban areas designated provide exemption to non-profit making cultural for tax relief under this scheme and in all 5 sub- organisations from VAT on the fees of visiting areas are designated for tax relief in Athlone, artists from outside Ireland; and if he will make including 2 sub-areas in the west side of the town a statement on the matter. [3331/07] at Patrick Street and at Connaught Street. In 1395 Questions— 1 February 2007. Written Answers 1396

[Mr. Cowen.] appeals process and options for the future addition, I should also point out that parts of development of the scheme. Athlone were also designated in 1988 and 1994 In respect of the long-term recommendations, under the 1986 and 1994 Urban Renewal including the qualifying disability criteria, given Schemes. the scale and scope of the scheme, further The designation and selection of areas for tax changes can only be made after careful consider- relief under the 1999 Urban Renewal Scheme is ation. For this reason, the Government decided a matter for the Minister for the Environment, that the Minister for Finance would consider the Heritage and Local Government in the first recommendations contained in the Report of the instance. I have been informed by that Minister Interdepartmental Review Group in the context that designations of areas and sites for tax relief of the annual budgetary process having regard to under the scheme were based on Integrated Area the existing and prospective cost of the scheme. Plans (IAPs) submitted by local authorities and This consideration is undertaken on a regular were in line with recommendations made by the basis. independent Expert Advisory Panel on Urban Renewal, which was established to assess all of Tax Code. the plans submitted. This panel exercised an inde- 113. Mr. Ring asked the Minister for Finance pendent role in assessing the plans submitted and if he will extend the capital allowance regime to in making recommendations on the sites to be include registered caravan and camping parks designated. The recommendations made by the here. [3334/07] panel were accepted in full, and are the basis on which the scheme is now implemented. There are Minister for Finance (Mr. Cowen): Section 34 no proposals to make further designations or of the Finance Act 2005 introduced a number of extensions to existing designations under the changes to the capital allowance regime for scheme. In any event, the 2006 Finance Act pro- hotels, guesthouses, holiday hostels and holiday vided for the phasing out of the Urban Renewal camps. Guesthouses and holiday hostels were Scheme throughout the State by 31 July 2008. specifically brought into the capital allowances regime for the first time. Also, the entitlement to Disabled Drivers. the capital allowances was provided for the first 112. Mr. Penrose asked the Minister for Fin- time on the basis of buildings being registered in ance if a comprehensive review of the Disabled the appropriate Fa´ilte Ireland register. Drivers and Disabled Passengers (Tax Following the Finance Act 2005 changes, the Concessions) Regulations 1984 has been carried Revenue administrative practice of granting capi- out; if, in this context he will take steps to address tal allowances in respect of buildings and struc- the restrictive medical criteria which is laid down tures erected in registered caravan parks was in the regulations which result in people with sig- reviewed in consultation with my Department nificant paralysis and severe difficulties being and the Department of Arts, Sport and Tourism. As a result of these deliberations, the Revenue refused a certificate under the said scheme; his Commissioners decided that retention of a non- views on whether it is long past time for the statutory scheme on behalf of caravan parks was criteria to be reviewed and widened to facilitate not appropriate and decided to withdraw it with more people obtaining the certificate; and if he effect from 1 January 2006. Allowances in respect will make a statement on the matter. [3333/07] of expenditure incurred before that date are not affected. Minister for Finance (Mr. Cowen): A special It should be noted that some of the expenditure Interdepartmental Review Group reviewed the that would typically be incurred by caravan park operation of the Disabled Drivers Scheme. The operators may be eligible for the “plant and terms of reference of the Group were to examine machinery” capital allowances but this would not the operation of the existing scheme, including generally include any buildings or structures. the difficulties experienced by the various groups I have no plans at this time to extend the exist- and individuals involved with it, and to consider ing regime of capital allowances to registered the feasibility of alternative schemes, with a view caravan and camping parks. to assisting the Minister for Finance in determin- ing the future direction of the scheme. The Group’s Report, published on my Depart- Child Care Services. ment’s website in July 2004, sets out in detail the 114. Ms C. Murphy asked the Minister for genesis and development of the scheme. It exam- Health and Children the arrangements she is put- ines the current benefits, the qualifying medical ting in place to continue community cre`ches; if criteria, the Exchequer costs, relationship with she will increase numbers; and if she will make a other schemes and similar schemes in other coun- statement on the matter. [3372/07] tries. The Report also makes a number of recom- mendations, both immediate and long-term, Minister of State at the Department of Health referring respectively to the operation of the and Children (Mr. B. Lenihan): As the Deputy 1397 Questions— 1 February 2007. Written Answers 1398 will be aware, I have responsibility for the Equal Class 2 Opportunities Childcare Programme 2000-2006 Class 2 refers to people in receipt of in-patient (EOCP) and the National Childcare Investment services on premises where nursing care is not Programme 2006-2010 (NCIP), which are being provided on a 24 hour basis on those premises. In implemented by the Office of the Minister for this situation, a weekly charge may be levied of Children. \90, or the weekly income of that person less \55 The NCIP came into effect from 1 January or 60% of the weekly income of that person, 2006, with an allocation of \575 million for the 5 whichever is the lesser. year period of 2006-2010. The NCIP is a key There is no differentiation made between any element of the National Childcare Strategy 2006- groups in these two classes. 2010, the aim of which is to deliver a more com- These regulations provide for the maximum prehensive approach to early years care and edu- charge to be levied on either class of person. The cation. The NCIP is designed to deliver 50,000 HSE has the power to reduce or waive a charge additional childcare places, with a greater focus on the grounds of “undue hardship”. Under on pre-school places for 3-4 year olds and school Section 1 (b) of the Health (Amendment) Act, age childcare. Childcare places are provided 2005, the HSE can examine a person’s overall fin- either through community based/not for profit ancial situation in view of the person’s reasonable childcare groups or by private providers. expenditure in relation to themselves or their Under the EOCP support is provided towards dependants, if any. There are currently no plans the staffing costs of employing childcare workers to amend the Act. in community based childcare facilities in dis- It is a matter for the HSE, based on its own advantaged areas, ensuring that less advantaged legal advice and taking into account the individ- parents in those areas have access to quality ual circumstances as well as the service being pro- childcare in order to facilitate access to education, vided, to make a decision on any charges levied. training and employment opportunities. Staffing grants under the EOCP have been extended to Nursing Home Services. 31 December 2007 for all groups who are meeting the terms of their existing staffing grant contracts. 116. Mr. Kehoe asked the Minister for Health A new programme of staffing grants under the and Children the number of beds in public nurs- NCIP is expected to be announced in 2007 and ing homes that are closed or currently unavail- will be informed by the outcome of a Value for able; the number of beds in public nursing homes Money Review of the EOCP which is currently for each year since 1997; the number of patients in progress. The Review is expected to be com- in public nursing homes each year since 1997; the pleted in the first half of 2007, following which number of nurses in public nursing homes for the procedures and criteria governing the new each year since 1997; the number of new public grant scheme will be made available both gener- nursing homes opened since 1997; the annual ally and to existing staffing grant recipients. capital expenditure on public nursing homes since 1997; the number of private nursing homes to Mental Health Services. which the State pays subvention opened or regis- tered with health authorities since 1997; and if she 115. Mr. Kehoe asked the Minister for Health will make a statement on the matter. [1104/07] and Children if she will amend current legislation regarding the introduction of long stay charges in Minister of State at the Department of Health order that people living in centres for people with and Children (Mr. S. Power): Operational intellectual disabilities in receipt of a personnel responsibility for the management and delivery of allowance will be excluded, when it may cost health and personal social services was assigned more to administer the collection than is taken in to the Health Service Executive under the Health income; and if she will make a statement on the Act 2004. Therefore, the Executive is the appro- matter. [2662/07] priate body to provide the information requested by the Deputy. My Department has requested the Minister for Health and Children (Ms Harney): Parliamentary Affairs Division of the Executive The Health (Charges for In-Patient Services) to arrange to have the matter investigated and to Regulations 2005 in keeping with Section 53 of have a reply issued directly to the Deputy. the Health Act, 1970, as amended, have provided for two different classes of persons on whom Community Care. charges may be levied. 117. Mr. Kehoe asked the Minister for Health Class 1 and Children the average time a person must wait Class 1 refers to people in receipt of in-patient from being approved for home help and receiving services on premises where nursing care is pro- the assistance; and if she will make a statement vided on a 24 hour basis on those premises. In on the matter. [1105/07] this case, a weekly charge may be levied of \120 or the weekly income of that person less \35, Minister of State at the Department of Health whichever is the lesser. and Children (Mr. S. Power): Operational 1399 Questions— 1 February 2007. Written Answers 1400

[Mr. S. Power.] Parliamentary Affairs Division of the Executive responsibility for the management and delivery of to arrange to have this case investigated and to health and personal social services was assigned have a reply issued directly to the Deputy. to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appro- Community Care. priate body to consider the particular matter raised by the Deputy. My Department has 121. Mr. Kehoe asked the Minister for Health requested the Parliamentary Affairs Division of and Children when the increase in the subvention the Executive to arrange to have the matter payment for home care will be introduced; and if investigated and to have a reply issued directly to she will make a statement on the matter. the Deputy. [2652/07]

118. Mr. Kehoe asked the Minister for Health Minister of State at the Department of Health and Children the number of people, per county, and Children (Mr. S. Power): I take it the ques- that have been assessed and are waiting for home tion refers to the Home Care Package Scheme. help; and if she will make a statement on the All Home Care Packages are tailored to the matter. [1106/07] needs of the individual applicant. The decision to allocate a Home Care Package is based on the Minister of State at the Department of Health assessment of needs of the individual and the and Children (Mr. S. Power): Operational identification of any assessed needs which are not responsibility for the management and delivery of being met by mainstream services together with health and personal social services was assigned consideration of the appropriateness of care in to the Health Service Executive under the Health the community in the individual case. Act 2004. Therefore, the Executive is the appro- Additional funding of \55 million was allocated priate body to consider the particular matter to the Home Care Package Scheme, for 2007, raised by the Deputy. My Department has which will benefit some 4,000 people. This is in requested the Parliamentary Affairs Division of addition to the \55m (full year cost) that was pro- the Executive to arrange to have the matter vided for the Scheme in Budget 2006. In 2006 a investigated and to have a reply issued directly to total of 2,000 extra packages were provided. the Deputy. 122. Mr. Kehoe asked the Minister for Health Hospital Waiting Lists. and Children if there are to be changes in the conditions or rates of the domiciliary care allow- 119. Mr. Kehoe asked the Minister for Health ance; and if she will make a statement on the and Children the efforts being made to reduce matter. [2653/07] the waiting times for a person (details supplied); and if she will make a statement on the Minister of State at the Department of Health matter. [2650/07] and Children (Mr. T. O’Malley): As a result of Minister for Health and Children (Ms Harney): Budget 2007 the rates of payment of all disability Operational responsibility for the management related allowances under the remit of my Depart- and delivery of health and personal social services ment were increased. This includes Domiciliary Care Allowance. The rate of payment for DCA has been assigned to the Health Service Execu- \ tive. Therefore, the Executive is the appropriate since 1st January 2007 is 281.30 per month, an body to consider the particular case raised by the increase of 12.1%. Deputy. My Department has requested the The Department established the National Parliamentary Affairs Division of the Executive Allowances Review Group on disability-related to arrange to have this case investigated and to allowances in November 1999. This Working have a reply issued directly to the Deputy. Group presented its submission to my Depart- ment in 2002, which in turn led to the circulars that currently which came into effect on the 1st Health Services. July 2002. 120. Mr. Kehoe asked the Minister for Health The Working Group was maintained by the and Children when a person (details supplied) in Health Service Executive and my Department. It County Wexford will receive a follow-up appoint- is currently in the final stages of preparing a sub- ment; and if she will make a statement on the mission to my Department which contains draft matter. [2651/07] new circulars for the various disability related allowances including Domiciliary Care Minister for Health and Children (Ms Harney): Allowance. Operational responsibility for the management and delivery of health and personal social services Health Services. has been assigned to the Health Service Execu- tive. Therefore, the Executive is the appropriate 123. Mr. Kehoe asked the Minister for Health body to consider the particular case raised by the and Children when a person (details supplied) in Deputy. My Department has requested the County Wicklow waiting for an appointment for 1401 Questions— 1 February 2007. Written Answers 1402 occupational therapy will receive an appoint- the responsibility of the Health Service Executive ment; and if she will make a statement on the under the Health Act 2004. Accordingly, my matter. [2654/07] Department has requested the Parliamentary Affairs Division of the Executive to arrange to Minister of State at the Department of Health have this matter investigated and to have a reply and Children (Mr. T. O’Malley): The Deputy’s issued directly to the Deputy. question relates to the management and delivery of health and personal social services, which are Health Service Executive Report. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my 127. Mr. Kehoe asked the Minister for Health Department has requested the Parliamentary and Children when will persons (details supplied) Affairs Division of the Executive to arrange to in County Wexford receive a copy of the report have this matter investigated and to have a reply by the Health Service Executive; the reason for issued directly to the Deputy. the delay in making the report available; and if she will make a statement on the matter. 124. Mr. Kehoe asked the Minister for Health [2660/07] and Children when a person (details supplied) in Minister of State at the Department of Health County Wexford waiting for an appointment for and Children (Mr. T. O’Malley): An Independent occupational therapy will receive an appoint- Review Committee, chaired by Dr. Joe Duggan, ment; and if she will make a statement on the Consultant Physician and Geriatrician, was estab- matter. [2655/07] lished in January 2006. The Health Service Executive has confirmed that the publication of Minister of State at the Department of Health the report of the Independent Review Committee and Children (Mr. T. O’Malley): The Deputy’s on HSE Services provided to the individual the question relates to the management and delivery Deputy is referring to, has been deferred at the of health and personal social services, which are request of the Chief State Solicitors Office in con- the responsibility of the Health Service Executive sultation with An Garda Sı´ocha´na and the Direc- under the Health Act 2004. Accordingly, my tor of Public Prosecutions. Department has requested the Parliamentary The HSE has been advised that publication of Affairs Division of the Executive to arrange to the report at this time, has the potential to preju- have this matter investigated and to have a reply dice the State case on this matter. issued directly to the Deputy.

125. Mr. Kehoe asked the Minister for Health Housing Aid for the Elderly. and Children when a person (details supplied) in 128. Mr. Kehoe asked the Minister for Health County Wexford waiting for an appointment for and Children the status of the application for speech therapy will receive an appointment; and special housing aid for the elderly for a person if she will make a statement on the matter. (details supplied) in County Wexford; and if she [2656/07] will make a statement on the matter. [2661/07]

Minister of State at the Department of Health Minister of State at the Department of Health and Children (Mr. T. O’Malley): The Deputy’s and Children (Mr. S. Power): Operational question relates to the management and delivery responsibility for the management and delivery of of health and personal social services, which are health and personal social services was assigned the responsibility of the Health Service Executive to the Health Service Executive (HSE) under the under the Health Act 2004. Accordingly, my Health Act 2004 and funding for all health Department has requested the Parliamentary services has been provided as part of its overall Affairs Division of the Executive to arrange to vote. The HSE’s responsibility includes the oper- have this matter investigated and to have a reply ation of the Housing Aid Scheme for the Elderly, issued directly to the Deputy. on behalf of the Department of Environment, Heritage and Local Government. Therefore, the Community Care. Executive is the appropriate body to consider the particular case raised by the Deputy. My Depart- 126. Mr. Kehoe asked the Minister for Health ment has requested the Parliamentary Affairs and Children the efforts being made to recruit a Division of the Executive to arrange to have the medical assessor for a town (details supplied) in matter investigated and to have a reply issued order to reduce the long waiting lists for families directly to the Deputy. waiting for domiciliary care allowance; and if she will make a statement on the matter. [2657/07] Ambulance Service. Minister of State at the Department of Health 129. Mr. Kehoe asked the Minister for Health and Children (Mr. T. O’Malley): The Deputy’s and Children if she will introduce a nationwide question relates to the management and delivery helicopter ambulance service, as is operated in of health and personal social services, which are many other countries with great success; and if 1403 Questions— 1 February 2007. Written Answers 1404

[Mr. Kehoe.] Health Service Allowances. she will make a statement on the matter. 130. Mr. Kehoe asked the Minister for Health [2663/07] and Children the status of the application for diet supplement for a person (details supplied) in Minister for Health and Children (Ms Harney): County Wexford; and if she will make a state- A consultancy study jointly commissioned by my ment on the matter. [2664/07] Department and the Department of Health, Social Services and Public Safety, Belfast Minister of State at the Department of Health (DHSSPS) on the costs and benefits associated and Children (Mr. S. Power): The Deputy’s ques- with the introduction of a dedicated Helicopter tion relates to the management and delivery of Emergency Medical Services (HEMS) for the health and personal social services, which are the island of Ireland was published in 2004 and is responsibility of the Health Service Executive available on my Department’s website. The study under the Health Act 2004. Accordingly, my concluded that the introduction of a dedicated Department has requested the Parliamentary inter-hospital air ambulance service would be Affairs Division of the Executive to arrange to appropriate in an all-island context. have this matter investigated and to have a reply In considering the report, the DHSSPS advised issued directly to the Deputy. that its priority at present is the need for further investment to improve the ground ambulance service. National Development Plan. On foot of the report my Department had 131. Mr. Kehoe asked the Minister for Health detailed discussions with the Department of and Children the projects that were targeted in Defence regarding the future provision of air the last National Development Plan in County ambulance services by the Air Corps. Arising Wexford; the breakdown of each one completed from these discussions, a detailed Service Level or the stage that each project is at; the overspend Agreement has been prepared and signed. The envisaged and an explanation for each; and if she signatories to the agreement are the Department will make a statement on the matter. [3145/07] of Defence, the Department of Health and Chil- dren, the Health Service Executive, the Defence Minister for Health and Children (Ms Harney): Forces and the Air Corps. The Deputy’s question relates to the manage- The agreement sets out the range services to ment and delivery of health and personal social be provided by the Air Corps, specifically: services, which are the responsibility of the Health Service Executive under the Health Act • Inter-hospital Transfer for spinal and 2004. This includes responsibility for considering serious injury and illness new capital proposals or progressing those in the • Air Transport of Neonates requiring health capital programme. Accordingly, my immediate medical intervention in Ireland Department is requesting the Parliamentary Affairs Division of the Executive to arrange to • Air Transport of patients requiring emer- have this matter investigated and to have a reply gency organ transplant in the UK issued directly to the Deputy. • Air Transport of Organ Harvest Teams within Ireland 132. Mr. Kehoe asked the Minister for Health and Children the investments outlined in the last • Air Transport of patients from offshore National Development Plan in County Wexford; islands to mainland hospitals where the the plans and investments that have been com- Coast Guard service is not available. pleted, that are ongoing or did not progress from A Steering Group comprising representation planning stage; and if she will make a statement from each of the signatories to the Service Level on the matter. [3157/07] Agreement has been established. The Group is monitoring the operation of the agreement and Minister for Health and Children (Ms Harney): will amend, if necessary, the provisions of the The Deputy’s question relates to the manage- agreement to take account of service devel- ment and delivery of health and personal social opments, including the new fleet replacement services, which are the responsibility of the programme currently being put in place by the Health Service Executive under the Health Act Air Corps. The Air Corps introduced two new 2004. This includes responsibility for considering EC 135 helicopters in to service in 2006 and new capital proposals or progressing those in the intends to introduce four AB 139 helicopters in health capital programme. Accordingly, my to service in 2007. Each of the new helicopters Department is requesting the Parliamentary has a specific air ambulance capability. The new Affairs Division of the Executive to arrange to fleet will also have a far greater flying capacity have this matter investigated and to have a reply than was previously available. issued directly to the Deputy. 1405 Questions— 1 February 2007. Written Answers 1406

Hospital Waiting Lists. Inspector of Mental Hospitals provide infor- mation on the prescription of ECT. In 2002, the 133. Mr. Ring asked the Minister for Health and Children when a person (details supplied) in number of patients prescribed ECT was 1,021 and County Mayo can expect to be called for an in 2003 this figure had reduced to 749. These fig- appointment. [3188/07] ures do not differentiate between voluntary and involuntary patients or the number of sessions Minister for Health and Children (Ms Harney): per patient. Section 59 of the Mental Health Act Operational responsibility for the management 2001 which provides for the administration of and delivery of health and personal social services ECT was commenced on the 1 November, 2006 was assigned to the Health Service Executive and rules in relation to the use of ECT were under the Health Act 2004 and funding for all issued by the Mental Health Commission in health services has been provided as part of its November 2006. The rules require an ECT regis- overall vote. Therefore, the Executive is the ter to be completed for each involuntary patient appropriate body to consider the particular case at the conclusion of a programme of ECT and a raised by the Deputy. My Department has copy placed in the patient’s clinical file. This requested the Parliamentary Affairs Division of register must be made accessible to the Inspector the Executive to arrange to have this case investi- of Mental Health Services and the Mental Health gated and to have a reply issued directly to the Commission upon request. If an involuntary pati- Deputy. ent is unable or unwilling to give consent, the Mental Health Act 2001 requires the authoris- ation of a second consultant psychiatrist. The Hospital Services. Mental Health Commission rules also outline 134. Mr. Deasy asked the Minister for Health requirements in relation to consent and infor- and Children further to the opinion within the mation. The administration of ECT without con- Health Service Executive that her plans to sent must be recorded in the patient’s clinical file provide a national radiotherapy network can not and a copy sent to the Mental Health be implemented before 2013 or 2014, when radio- Commission. therapy treatment for public patients will be available at Waterford Regional Hospital; if she 136. Mr. Boyle asked the Minister for Health will continue with her policy to implement this and Children the number of people committed plan through public private partnerships; and if under the Mental Health Act 2001 who have she will make a statement on the matter. signed voluntary admission papers before the 21 [3189/07] day appeal period is up. [3196/07]

Minister for Health and Children (Ms Harney): Minister of State at the Department of Health It is my objective and that of the Health Service and Children (Mr. T. O’Malley): The Mental Executive (HSE) to see the earliest delivery of Health Act 2001 does not require patients who the Government’s National Plan for Radiation have been admitted involuntarily to sign a volun- Oncology, which includes an integrated facility at tary admission form if the involuntary nature of Waterford Regional Hospital. I am determined the admission is altered. Section 28 of the Act that the HSE will deliver on this Plan in 2011 as allows for the discharge of patients by the respon- originally scheduled. The Board of the HSE is sible consultant psychiatrist if he or she is of the considering how best to procure the radiation opinion that the patient no longer has a mental oncology facilities and associated equipment, disorder. When discharging a patient under this including procurement by PPP, within this time- section the consultant psychiatrist must notify the table. This is a challenging timetable and I will patient concerned and his or her legal representa- provide the HSE with the necessary support and tive in a form specified by the Mental Health approvals to deliver on it. Commission that he or she is being discharged and is entitled to have his or her detention Mental Health Services. reviewed by a mental health tribunal. The con- 135. Mr. Boyle asked the Minister for Health sultant psychiatrist must also notify the Mental and Children the number of patients who have Health Commission of such revocations of the been subjected to ECT treatments in the past five admission/renewal order. The patient concerned years; the breakdown of the figures by the may leave or choose to remain in the approved number of sessions per patient; the number that centre on a voluntary basis. In the first two were voluntary and the number that were months following the full commencement of the forced. [3195/07] Act, November and December 2006, the Mental Health Commission received notification of 249 Minister of State at the Department of Health revocations before hearings. It is important to and Children (Mr. T. O’Malley): Information on note that these included a number of patients the use of Electro Convulsive Therapy (ECT) is who had been detained under the Mental Treat- not currently collected in the format requested by ment Act 1945. I have requested the Mental the Deputy. The 2002 and 2003 Reports of the Health Commission to respond directly to the 1407 Questions— 1 February 2007. Written Answers 1408

[Mr. T. O’Malley.] tiating team was put in place to advance this pro- Deputy with the number of patients discharged cess. In mid-2006, the negotiating team reached under Section 28 of the Mental Health Act 2001 agreement with the Irish Pharmaceutical who remain in the approved centre on a volun- Healthcare Association (IPHA) and the Associ- tary basis. ation of Pharmaceutical Manufacturers in Ireland (APMI). Discussions then began with the whole- 137. Mr. Boyle asked the Minister for Health saler representative body, the Pharmaceutical and Children the number of mental health tri- Distributors’ Federation (PDF), as part of the bunals that have sat; and their verdicts. [3197/07] agreed process. Early in discussions, PDF advised the State that a legal issue precluded it from Minister of State at the Department of Health negotiating a new margin for distribution to com- and Children (Mr. T. O’Malley): In the first two munity pharmacies. The negotiating team then months following the full commencement of the obtained legal advice, which subsequent legal Mental Health Act 2001, November and advice to the Department confirmed. This issue December 2006, a total of 175 mental health tri- also had implications for negotiations with com- bunals were held. 151 mental health tribunals munity pharmacists. affirmed the involuntary admission orders and 24 Section 4(1) of the Competition Act, 2002 pro- mental health tribunals revoked the involuntary hibits all agreements between undertakings, admission orders. decisions by associations of undertakings and concerted practices which have as their object or Nursing Home Subventions. effect the restriction or distortion of competition, 138. Mr. G. Murphy asked the Minister for including agreements to fix prices, unless the Health and Children her views on whether agreement, decision or concerted practice meets enhanced nursing home subvention applications certain conditions. Those conditions are not met are being held up in the southern area due to the in this case. Wholesalers and pharmacy contrac- fact that her Department have failed to issue the tors are undertakings. PDF and the IPU are new guidelines; and when the problem will be associations of undertakings under Section 4(1) resolved. [3206/07] of the Act. The coming together of wholesalers under PDF or pharmacy contractors under the Minister of State at the Department of Health IPU to negotiate prices would be a breach of and Children (Mr. S. Power): In December, 2006 Section 4(1). Entering into an agreement, making my Department formally advised the Health a decision or being involved in a concerted prac- Service Executive of the signing of the Nursing tice in contravention of Section 4(1) is a criminal Homes (Subvention) (Amendment) Regulations offence and would expose those parties, their 2006 (SI No. 642 of 2006). These Regulations directors, managers and officers to the risk of increase the basic rate of subvention to a criminal prosecution. maximum of \300 per week. Additional funding In light of this advice, it is not possible for the has been provided for enhanced subvention pay- HSE to engage in negotiations with PDF or the ments. My Department asked the Executive to IPU in relation to fees or margins. In the interim, circulate guidelines, within the relevant areas, in in order to determine new arrangements for relation to the payment of basic and enhanced wholesale services and remain in compliance with subventions. I understand these issued to all areas competition legislation, the negotiating team has on 29 January, 2007. The increase in the basic begun a public consultation process, which rate of subvention will apply with effect from 1 includes an invitation to make submissions, January, 2007. coupled with an independent economic analysis of the Irish and EU markets. This process is Pharmacy Regulations. based on an assumption of continuation of cur- rent service levels. The negotiating team will con- 139. Mr. G. Murphy asked the Minister for sider, following completion of the wholesale sec- Health and Children if she will make a statement tor review, how best to address this issue for on the reference changes being proposed by the pharmacy contractor services. It is noted that the Health Service Executive in respect of negotiat- competition issues do not preclude negotiation on ing rights for pharmacists. [3207/07] contractual arrangements by the IPU other than in relation to fees. The HSE has written to all Minister for Health and Children (Ms Harney): community pharmacy contractors setting out the In 2005, a process was begun to examine all position in relation to these issues in detail. There aspects of the drugs supply chain, with a view to is, and will continue to be, ongoing dialogue with achieving greater value for money in the pricing the IPU, within the constraints of the legal advice and supply of drugs and medicines to the health provided. I wish to see that dialogue continuing services and the GMS and community drugs in a constructive manner. schemes, consistent with patient safety and conti- nuity of supply. This process was agreed by the Ambulance Service. Cabinet Committee on Health. A joint HSE/Department of Health and Children nego- 140. Dr. Cowley asked the Minister for Health 1409 Questions— 1 February 2007. Written Answers 1410 and Children if ambulance transport will be pro- Minister for Health and Children (Ms Harney): vided to enable a person (details supplied) in The Health Service Executive has responsibility County Mayo living alone to travel from north for administering the Repayment Scheme and the Mayo to a hospital appointment in Galway; and information sought by the Deputy relates to if she will make a statement on the matter. matters within the area of responsibility of the [3244/07] Executive. My Department has requested the Parliamentary Affairs Division of the Executive Minister for Health and Children (Ms Harney): to arrange to have the matter investigated and to Operational responsibility for the management have a reply issued to the Deputy. and delivery of health and personal social services is a matter for the Health Service Executive and Mental Health Services. funding for all health services has been provided 144. Mr. Neville asked the Minister for Health as part of its overall Vote. Therefore, the Execu- and Children the percentage of the Budget 2007 tive is the appropriate body to consider the case allocation for psychiatric services in relation to raised by the Deputy. My Department has the total health budget. [3254/07] requested the Parliamentary Affairs Division of the Executive to arrange to have the matter Minister for Health and Children (Ms Harney): investigated and to have a reply issued directly to The Revised Estimates Volume for 2007 which the Deputy. will give a breakdown of estimated spending across the service areas including Mental Health Mental Health Services. Services is currently being compiled and is due to 141. Dr. Cowley asked the Minister for Health be published on 22 February 2007. and Children the action her Department will take regarding a person (details supplied) in County Health Services. Mayo; and if she will make a statement on the 145. Mr. McGuinness asked the Minister for matter. [3246/07] Health and Children the number of orthodontists employed in Kilkenny by the Health Service Minister of State at the Department of Health Executive; the number of patients waiting for and Children (Mr. T. O’Malley): Operational assessment or treatment; the reason for the wait- responsibility for the management and delivery of ing list; if persons waiting for treatment will be health and personal social services was assigned referred to private practice in view of the fact that to the Health Service Executive under the Health the public system is not able to cope; if the Act 2004 and funding for all health services has National Treatment Purchase Fund will be used; been provided as part of its overall vote. There- and if she will make a statement on the fore, the Executive is the appropriate body to matter. [3234/07] consider the particular matter raised by the Deputy. My Department has requested the Minister for Health and Children (Ms Harney): Parliamentary Affairs Division of the Executive The Deputy’s question relates to the manage- to arrange to have the matter investigated and to ment and delivery of health and personal social have a reply issued directly to the Deputy. services, which are the responsibility of the Health Service Executive under the Health Act Health Repayment Scheme. 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- 142. Mr. Neville asked the Minister for Health tive to arrange to have this matter investigated and Children when a person (details supplied) in and to have a reply issued directly to the Deputy. County Limerick will obtain payment under the national repayment scheme. [3251/07] Statutory Instruments. Minister for Health and Children (Ms Harney): 146. Mr. J. O’Keeffe asked the Minister for The Health Service Executive has responsibility Health and Children the title of each statutory for administering the Repayment Scheme and the instrument which she made during 2006 and information sought by the Deputy relates to which was not published in the usual way pursu- matters within the area of responsibility of the ant to section 3 of the Statutory Instruments Act Executive. My Department has requested the 1947; and if she will make a statement on the Parliamentary Affairs Division of the Executive matter. [3302/07] to arrange to have the matter investigated and to have a reply issued to the Deputy. Minister for Health and Children (Ms Harney): All the Statutory Instruments signed by me in 143. Mr. Neville asked the Minister for Health 2006 were published in accordance with section 3 of the Statutory Instruments Act 1947. and Children when repayments under the national repayment scheme will be made to a per- son (details supplied) in County Limerick. Mental Health Services. [3252/07] 147. Mr. Connolly asked the Minister for 1411 Questions— 1 February 2007. Written Answers 1412

[Mr. Connolly.] appropriate long term supervised residential care Health and Children her plans to accelerate will be provided immediately as they can not be psychiatric assessments for an estimated 6% of cared for at home; and if she will make a state- primary school pupils with undiagnosed mental ment on the matter. [3335/07] disorders; and if she will make a statement on the matter. [3313/07] Minister for Health and Children (Ms Harney): Operational responsibility for the management Minister of State at the Department of Health and delivery of health and personal social services and Children (Mr. T. O’Malley): Operational was assigned to the Health Service Executive responsibility for the management and delivery of under the Health Act 2004 and funding for all health and personal social services was assigned health services has been provided as part of its to the Health Service Executive under the Health overall vote. The Executive is, therefore, the Act 2004 and funding for all health services has appropriate body to consider the particular been provided as part of its overall vote. The matter raised by the Deputy. My Department has Executive is, therefore, the appropriate body to requested the Parliamentary Affairs Division of consider the particular matter raised by the the Executive to arrange to have the matter Deputy. My Department has requested the investigated and to have a reply issued directly to Parliamentary Affairs Division of the Executive the Deputy. to arrange to have the matter investigated and to have a reply issued directly to the Deputy. National Lottery Funding. 150. Mr. Ring asked the Minister for Health Special Educational Needs. and Children the type of works eligible for assist- 148. Mr. Connolly asked the Minister for ance under the National Lottery grant available Health and Children her plans to improve inter- from her Department. [3336/07] departmental liaison with the Department of Education and Science to co-ordinate identified Minister for Health and Children (Ms Harney): special needs in school pupils with the provision Requests for funding from the National Lottery of necessary services; and if she will make a state- Allocation available to my Department come pri- ment on the matter. [3314/07] marily from individuals, groups and organisations with an involvement in the provision of health Minister of State at the Department of Health services to specific client groups (for example and Children (Mr. T. O’Malley): As provided for persons with an intellectual disability and/or in the Department of Health and Children’s Sec- physical disability, elderly, etc.), national groups toral Plan, a Cross-Sectoral Team was established providing information and support for various to “ensure that arrangements for the implemen- disabilities and illnesses and groups with a spec- tation of Part 2 of the Disability Act and the ific interest. EPSEN Act are progressed in tandem, having The applications for National Lottery funding due regard to the resources and capacity of both received by my Department far exceed the avail- sectors concerned”. The Team consists of rep- able funding in any given year, resulting in some resentatives form the Department of Health and applicants being unsuccessful even though they Children, the Department of Education and meet the criteria outlined above. Science, the Health Service Executive and the National Council for Special Education. It first Health Services. met in October 2006 and continues to meet on a regular basis. The issue of service provision is a 151. Mr. Durkan asked the Minister for Health matter for the Health Service Executive and the and Children when treatment for angina is National Council for Special Education. expected to be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3337/07] Mental Health Services. 149. Mr. McGuinness asked the Minister for Minister for Health and Children (Ms Harney): Health and Children the reason a person (details Operational responsibility for the management supplied) in County Carlow has not been prop- and delivery of health and personal social services erly or fully assessed regarding their mental was assigned to the Health Service Executive health; the further reason the appropriate health under the Health Act 2004 and funding for all professionals did not turn up to a case conference health services has been provided as part of its at Mountjoy Prison on 10 January 2007 relating overall vote. Therefore, the Executive is the to the persons case having been requested to do appropriate body to consider the particular case so by those involved in the case and the prison raised by the Deputy. My Department has authorities; if the Health Service Executive will requested the Parliamentary Affairs Division of engage with the person to establish the way they the Executive to arrange to have the matter are to be cared for in the long term when they investigated and to have a reply issued directly to conclude their stay at this short term facility; if the Deputy. 1413 Questions— 1 February 2007. Written Answers 1414

152. Mr. Durkan asked the Minister for Health will lead to disciplinary action against the consult- and Children the location of the most eminent, ant orthodontist for the region; and if she will advanced or internationally recognised centre of make a statement on the matter. [3340/07] excellence, hospital or research centre for the treatment of Crohn’s disease; the extent to which Minister for Health and Children (Ms Harney): sufferers of the disease here can gain access to The Deputy’s question relates to the manage- such treatment; and if she will make a statement ment and delivery of health and personal social on the matter. [3338/07] services, which are the responsibility of the Health Service Executive under the Health Act Minister for Health and Children (Ms Harney): 2004. Accordingly, my Department has requested Sufferers from Crohn’s disease have access to the Parliamentary Affairs Division of the Execu- modern, up-to-date and effective treatments for tive to arrange to have this matter investigated their condition in a range of publicly funded acute and to have a reply issued directly to the Deputy. hospitals around this country. These services are provided by appropriately trained specialists sup- Long-Stay Charges. ported by a range of other relevant professionals 155. Mr. Neville asked the Minister for Health and patients are referred by their general prac- and Children the policy on dealing with the bank titioners. and other financial organisation accounts of long- When a patient requires referral abroad to an stay psychiatric patients; and the position in institution for a service or an element of a service relation to these accounts in the event of not available in Ireland, this is done in accord- death. [3341/07] ance with a well recognised procedure, adminis- tered by the Health Service Executive. It is Minister of State at the Department of Health initiated by a decision of the treating consultant and Children (Mr. T. O’Malley): Operational and the institution to which the patient is recom- responsibility for the management and delivery of mended for transfer is a matter for the treating health and personal social services was assigned consultant based on his/her knowledge and to the Health Service Executive under the Health judgement. Act 2004. The Executive is, therefore, the appro- It would not, therefore, be appropriate to iden- priate body to consider the particular matter tify any particular institution in another country raised by the Deputy. My Department has as being superior to others in respect of the treat- requested the Parliamentary Affairs Division of ment of this condition. It would be entirely a the Executive to arrange to have the matter matter for decision between patient and doctor if investigated and to have a reply issued directly to and when the need might arise. the Deputy.

Health Service Staff. Pension Provisions. 153. Ms Lynch asked the Minister for Health 156. Mr. McGuinness asked the Minister for and Children the steps that have been taken to Health and Children if an appeal for inclusion in replace the two dentists that left the orthodontic the pension scheme in the name of a person service in the Cork and Kerry region on 2 (details supplied) in County Kilkenny will be October 2006; the number of the estimated 1,000 expedited and approved; and if she will make a children, who were awaiting treatment and had statement on the matter. [3357/07] their appointments cancelled by the departure of these dentists, still awaiting treatment; and if she Minister for Health and Children (Ms Harney): will make a statement on the matter. [3339/07] The general policy in relation to access to super- annuation schemes in the public sector is that Minister for Health and Children (Ms Harney): options are time limited. An option to join the The Deputy’s question relates to the manage- Nominated Health Agencies Superannuation ment and delivery of health and personal social Scheme was offered to whole-time permanent services, which are the responsibility of the employees of St Patrick’s Centre, Kilkenny in Health Service Executive under the Health Act 1981 and 1996. The 1996 option expired on 15 2004. Accordingly, my Department has requested April 1996. the Parliamentary Affairs Division of the Execu- Where a person who has not exercised an tive to arrange to have this matter investigated option to join a scheme subsequently makes an and to have a reply issued directly to the Deputy. appeal about the validity of their option or claims that they did not receive an option to which they were entitled, such appeals or claims are exam- Health Services. ined. If the facts of the case are established in 154. Ms Lynch asked the Minister for Health favour of the claimant, a fresh option may be and Children the reason all new orthodontic given to the individual. The person whose details treatment clinics in the Cork and Kerry region have been supplied has made such a claim and are to be terminated; if her attention has been the claim is being examined in my Department in drawn to the fact that any breach of this directive consultation with the employing agency. 1415 Questions— 1 February 2007. Written Answers 1416

Parliamentary Questions. Health Services. 157. Ms C. Murphy asked the Minister for 159. Mr. Gormley asked the Minister for Health and Children if she will seek an analysis Health and Children if the cytology service in the from the Health Service Executive on the average Royal College of Surgeons in Ireland is in danger timeframe taken to answer parliamentary ques- of being closed; the reason for same; and if she tions; the way it is intended to reduce the time will make a statement on the matter. [3369/07] being taken; the regions to be used when fur- nishing replies; and if she will make a statement Minister for Health and Children (Ms Harney): on the matter. [3360/07] The Deputy’s question relates to the manage- ment and delivery of health and personal social services, which are the responsibility of the Minister for Health and Children (Ms Harney): Health Service Executive under the Health Act In 2006, a total of 3,494 Parliamentary Questions 2004. Accordingly, my Department has requested tabled were appropriate for reply, in whole or in the Parliamentary Affairs Division of the Execu- part, by the Health Service Executive under its tive to respond directly to the Deputy in relation statutory remit. My Department has been to the matter raised. informed by the Executive that replies have issued to 3,315 (over 94%) of these Questions, Health Levy. and that it is actively pursuing the preparation of replies to the remainder. 160. Mr. Gormley asked the Minister for It is important that, within its own procedures, Health and Children the reason the anomaly con- the HSE has in place rigorous arrangements to tinues to exist where wealthy people over 70 years of age do not have to pay the health levy; identify, and address, shortcomings in perform- if the Government will close this loophole; and if ance in this area. The Executive’s Parliamentary she will make a statement on the matter. Affairs Division handles the centralised receipt, [3370/07] assignment and tracking of parliamentary ques- tions within the organisation’s network of oper- 161. Mr. Gormley asked the Minister for ations. Its core functions include monitoring per- Health and Children the amount of money that formance in relation to the timely issue of replies will be lost to the Exchequer in view of the fact and leading developments to effect improvements that persons over 70 years of age do not have to in that regard. It reports on a regular basis to the pay the health levy, calculated on the health levy CEO and his Management Team. rates introduced in budget 2007; and if she will Officials of my Department meet with the make a statement on the matter. [3371/07] PAD on a monthly basis in relation to various matters, including performance in issuing replies Minister for Health and Children (Ms Harney): and the development of capacity in this key area I propose to take Questions Nos. 160 and 161 of accountability. The HSE responds to requests together. for information on a national, administrative area The Health Contribution was introduced by or local basis, as circumstances require. virtue of the Health Contributions Act 1979 and came into effect on 6 April of that year. The con- tributions are levied on income at a percentage Accident and Emergency Services. rate set in pursuance of the Health Contributions 158. Ms C. Murphy asked the Minister for Act and proceeds are paid over to the Minister Health and Children the instructions hospitals for Health and Children in aid of the Vote for were issued with for the collection of \60 for per- the Health Service Executive. The current rate of sons without a doctors’ letter presenting to acci- contribution is 2% of gross income and 2.5% on \ dent and emergency departments; if patients are income in excess of 100,100 in a contribution generally seen prior to the collection of fees; and year. The levy is applicable to all persons over if she will make a statement on the matter. the age of 16 with reckonable income, earnings [3368/07] or emoluments. However, certain persons are exempt from liability to pay the health levy, including those who have full eligibility for health Minister for Health and Children (Ms Harney): \ services i.e. medical cardholders under Section 45 The charge of 60 for attendance at a public acci- of the Health Act 1970. dent and emergency departments is provided for Following the announcement in budget 2001 to in SI 37 of 1994, as amended. This provides for a grant full eligibility to those aged 70 and over, number of exemptions from that charge including and the subsequent amendment of Section 45 of medical card holders and persons who have a let- the Health Act 1970, these people became ter of referral from a registered medical prac- exempt from paying health contributions. The titioner. I understand that people attending cost to the Exchequer of including people who public accident and emergency departments can possess over 70s medical cards in the exemption either pay at the time or have the bill for the from paying the health levy amounts to approxi- charge issued subsequently. mately \28 million per annum. 1417 Questions— 1 February 2007. Written Answers 1418

National Development Plan. the investments outlined in the last national development plan in County Wexford; the plans 162. Mr. Kehoe asked the Minister for and investments that have been completed, that Communications, Marine and Natural Resources are ongoing or did not progress from planning the projects that were targeted in the last national stage; and if he will make a statement on the development plan in County Wexford; the break- matter. [3151/07] down of each one completed or the stage that each project is at; the overspend envisaged and Minister for Communications, Marine and an explanation for each; and if he will make a Natural Resources (Mr. N. Dempsey): I propose statement on the matter. [3137/07] to take Questions Nos. 162 and 163 together. The following table sets out the projects funded by my Department in the communications, 163. Mr. Kehoe asked the Minister for marine and energy areas under the 2000–2006 Communications, Marine and Natural Resources National Development Plan, in County Wexford.

Communications

Project Proposed Cost Current status Overspend on project

\

Phase One Metropolitan Area Network-Wexford Town 2,900,000 Completed N/A — fixed price contract Group Broadband Scheme, Cranford, Monaseed, Kilanerin, Ballyfad, 44,352 Completed N/A Ballythomas, Coolgreany, Co.Wexford Group Broadband Scheme, Bridgetown, Kilmore, Kilmore Quay, 50,502 Completed N/A Ballyhogue & Galbally, Bree, Co.Wexford Group Broadband Scheme, Ramsgrange, Campile, Wellington 81,816 Completed N/A Bridge, Fethard-on-Sea, Duncannon, Ballyhack, Clongeen, Arthurstown, Ballycullane, Saltmills, New Ross Rural, Co.Wexford Group Broadband Scheme, Gorey rural, Courtown, Riverchapel, 88,320 Under review Ballygarrett, Ballycanew, Ballymoney, Killenagh, Camolin, Ballyoughter, Co.Wexford

Sea Fisheries

Project Proposed Cost Current status Overspend on project

\

Supporting Measures for Sea Fisheries 1,491,876 Ongoing 87% complete No Development Decommissioning 3,859,025 Complete No Fleet Development (New Vessels) 2,182,403 Complete No Fleet Development (Safety Grants) 366,755 Ongoing 74% complete No

Aquaculture Development

Project Proposed Cost Current status Overspend on project

\

Mr Patrick Cullen-Modernisation of a mussel 23,131 Withdrawn — business sold dredger Mr Eugene Fitzpatrick-Expansion of an oyster farm 22,597 Completed Under Cost at Bannow Bay Halcome Merchants (Ireland) Ltd-Purchase of new 753,160 Completed Under Cost mussel dredger Hibernor Atlantic Salmon Ltd.-Modernisation of a 243,365 Partially completed prior to sale salmon hatchery of business Mr Florence Sweeney-Modernisation of a mussel 19,738 Completed Under Cost dredger 1419 Questions— 1 February 2007. Written Answers 1420

[Mr. N. Dempsey.]

Project Proposed Cost Current status Overspend on project

\ Riverbank Mussels Ltd.-Purchase of a new mussel 1,438,000 Completed No dredger Tardrum Fisheries Ltd-Purchase of new mussel 179,928 Completed No dredger Wexford Mussels Ltd.-Purchase of new mussel 1,430,000 Completed Under Cost dredger

Cost Protection

Project Proposed Cost Current status Overspend on project

\

Kilmore Quay — Dredging 672,146 Completed No Cullenstown Revetment Works 145,639 Completed No Rosslare strand Protection works at North Spit 75,675 Completed No Rosslare strand Maintenance 19,656 Completed No Cahore- Upgrading 82,533 Completed No Cullenstown Revetment Works 914,151 Completed No Courtown- Upgrading 171,415 Completed No Courtown- Revetment Works 115,866 Completed No Rosslare strand — Revetment Works 95,230 Completed No Rosslare Strand Split Study 69,333 Completed No Rosslare Strand Maintenance 22,772 Completed No Kilmore Quay — Replace Buoyage 27,132 Completed No Duncannon Pier extension (Design) 191,158 Completed No Slade Pier — Surfacing & safety works 59,639 Completed No Fethard Pier — Reinforced concrete steps, pointing to pier 74,841 Completed No Carne Pier — Installation of lighting/dredging and safety works 46,750 Completed No Courtown Detailed design of offshore breakwater 178,414 Completed No Rosslare Strand Protection works at North Spit 152,580 Completed No Rosslare strand Maintenance 13,292 Completed No Rosslare strand Revetment Works 103,795 Completed No Cahore Rock Groynes & Beach Nourishment 57,289 Completed No Ballyconnigar Revetment Works 29,000 Completed No Courtown — Purchase of plant equipment 40,000 Completed No Rosslare Rock Revetment 37,095 Completed No Rosslare strand -Study 11,488 Completed No Rosslare strand — Revetment Works 19,054 Completed No Rosslare strand Maintenance 7,958 Completed No Cahore — Groynes & Beach Nourishment 57,715 Completed No Ballyconnigar Rock Revetment 29,652 Completed No Kilmore Quay — Hydrographic Survey 15,219 Completed No Courtown Design of breakwaters 490,939 Completed No Curracloe Dune Protection 41,375 Completed No Kilmore Quay — Hydrographic Survey 82,583 Completed No Cahore — Revetment Works 22,156 Completed No Kilpatrick — soft engineering works to beach 20,362 Completed No Kilmore Quay — Site Investigation 24,866 Ongoing Courtown — Grouting & structural repairs to harbour wall 14,745 Ongoing Killurin Pier — Slipway reconstruction and safety works 29,936 Completed No Slade Harbour — structural improvements to old pier wall 23,097.25 Ongoing 1421 Questions— 1 February 2007. Written Answers 1422

Project Proposed Cost Current status Overspend on project

\ Cahore — Protection works 25,000 Completed No Carne — Rock Revetment 144,145 Completed No Courtown Planning & Design for protection scheme 47,980 Completed No Rosslare strand — Rock Revetment 491,488 Completed No

Seafood Processing

Project Proposed Cost Current status Overspend on project

\

St. Helen’s Bay — Revetment Works 127,574 Completed No Sofrimar Ltd 213,538 Completed No

Energy

Project Proposed Cost Current status Overspend on project

\

Low Income Fund Disbursement Programme Wexford Area Partnership — Warmer Homes energy efficient 315,598 Ongoing installer Design Study Support Scheme Wexford County Council — Design study of new office buildings for 7,500 Completed No Wexford County Council Bioheat Alternative Heat Scheme Redmond Construction — Install a 540kW biomass boiler in Amber 50,124 Ongoing Springs Hotel Wallace Developments — Feasibility study on Wavecrest Duncannon 4,000 Ongoing District Heating System Wexford Farmers Co-op — Feasibility Study for the Introduction of 4,000 Completed No Wood Chip Boilers for a retail and residential Development with the Wood Chip coming from WFC Farmer Shareholders House of Tomorrow Programme Wexford County Council — Olygate Housing Scheme — 28 units 140,000 Ongoing Wexford County Council — Monitoring of Olygate Housing Scheme 10,731 Ongoing Renewable Energy RD&D Programme Wexford Energy Management Agency Ltd — Feasibility study on 15,000 Completed No biomass to energy CHP Plant in Co. Wexford Biogreen Energy Products Ltd — Vegetable oil production, 249,812 Ongoing extraction and use in modified vehicle engines in Co. Wexford Glanbia Plc — Study to research and evaluate the technology and 9,250 Completed No costs in replacing existing Oil-fired Boiler by a Wood-fuelled Boiler, and electricity co-generation by utilising a medium pressure Steam Boiler Kelly’s Resort Hotel — Install a 350kW Biomass Boiler 26,220 Ongoing Brandon House Hotel — Install 2*150kW Biomass Boilers 35,705 Completed No Old Barracks Building — Install 200kW Biomass Boiler 20,022 Completed No

Grant Payments. cost of solar heating systems installed prior to the commencement of the scheme. [3201/07] 164. Mr. Boyle asked the Minister for Communications, Marine and Natural Resources Minister for Communications, Marine and if he has made retrospective grant payments Natural Resources (Mr. N. Dempsey): On 27 under the greener homes scheme available for the March 2006 I launched the “Greener Homes” 1423 Questions— 1 February 2007. Written Answers 1424

[Mr. N. Dempsey.] nated port by the Sea-Fisheries Protection Auth- grant aid package for the domestic sector which ority in order to fulfil its responsibilities under includes funding for wood chip and wood pellet European and National law properly. It follows boilers and stoves, solar and heat pump that the number of ports designated must necess- technologies. There have been no grant payments arily be limited. made retrospectively under the scheme. Ireland’s list of designated ports for the Celtic One of the key objectives of the grant scheme Sea Herring fishery was revised in late 2006 to is to stimulate the market for domestic renewable include Baltimore and Dunmore East, bringing technologies and to encourage people to pur- the total number of designated ports around our chase and install renewable technologies, who coastline to nine. Furthermore, in view of the might not otherwise have done so, because of adverse weather conditions in recent weeks and associated capital costs. All grant schemes must the tragic events off the south-east coast, I have have a reference date and start point. In the case instructed that Duncannon be designated to of the Greener Homes scheme, the appropriate receive landings of herring of under 10 tonnes date is the date of launch of the scheme. from vessels under 50 feet in length. I am satisfied therefore that a designated port is within reason- Parliamentary Questions. able range of any of our fishing vessels at any given time. 165. Mr. Connolly asked the Minister for I would point out also that it is a matter ulti- Communications, Marine and Natural Resources mately for the master of each individual vessel the number of parliamentary questions replied to to determine the type of fishing operation that is by his Department in 2006; the cost involved; and appropriate having regard to the capability of the if he will make a statement on the matter. vessel and the operational and navigational con- [3239/07] ditions it will have to contend with in order to participate in any given fishery. Minister for Communications, Marine and At the same time, I am satisfied that, regardless Natural Resources (Mr. N. Dempsey): My of the legal framework governing the landings of Department responded to 2,197 parliamentary fish, whether demersal or pelagic, there are no questions during 2006. An essential everyday part circumstances where the control authorities of the work of staff in the Department is serving would give precedence to their regulatory the needs of this House and the democratic pro- responsibilities over consideration for the safety cess. Work related to Parliamentary Questions is of a fishing vessel or its crew. an essential element of this process built into the Business plans of individual Divisions of the Department. Statutory Instruments. In addition, input into individual questions var- 167. Mr. J. O’Keeffe asked the Minister for ies depending on the complexity of the issue Communications, Marine and Natural Resources raised and the level of expertise required to the title of each statutory instrument which he service it. Because it is part of the ongoing work- made during 2006 and which was not published load of civil servants, and because staff resources in the usual way pursuant to section 3 of the are not exclusively deployed to deal with ques- Statutory Instruments Act 1947; and if he will tions, it is not possible to isolate the cost of make a statement on the matter. [3294/07] answering Parliamentary Questions from overall administration costs. Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): I have con- Fisheries Protection. sulted with the officials of my Department and can advise the Deputy that all statutory instru- 166. Mr. J. O’Keeffe asked the Minister for ments made during 2006 were published in the Communications, Marine and Natural Resources usual way pursuant to Section 3 of the Statutory his proposals to extend the list of designated ports Instruments Act 1947. for the landing of fish, taking into account the problems associated with fishing boats having to National Development Plan. travel long distances, particularly in bad weather. [3290/07] 168. Mr. Kehoe asked the Minister for Foreign Affairs the projects that were targeted in the last Minister of State at the Department of national development plan in County Wexford; Communications, Marine and Natural Resources the breakdown of each one completed or the (Mr. Browne): The designation of ports for land- stage that each project is at; the overspend envis- ing of pelagic species (herring, mackerel, etc.) is aged and an explanation for each; and if he will necessary in order to satisfy EU requirements make a statement on the matter. [3144/07] and also for the purpose of appropriate control of landings. Furthermore a significant level of Minister for Foreign Affairs (Mr. D. Ahern): resources must be made available at each desig- The Department of Foreign Affairs has no 1425 Questions— 1 February 2007. Written Answers 1426 involvement in any such project in the last I will decide on the level of provisional grant National Development Plan. allocations to be made this year having regard both to the quality of the applications received Parliamentary Questions. under the 2007 programme and the pattern of grant allocations and drawdowns on foot of earl- 169. Mr. Connolly asked the Minister for ier years’ approvals. Foreign Affairs the number of parliamentary questions replied to by his Department in 2006; the cost involved; and if he will make a statement Sports Capital Programme. on the matter. [3240/07] 172. Mr. Kehoe asked the Minister for Arts, Sport and Tourism if he will meet a delegation Minister for Foreign Affairs (Mr. D. Ahern): A (details supplied) in County Wexford; and if he total of 1,337 parliamentary questions were will make a statement on the matter. [2624/07] replied to by my Department in 2006. As no record is kept of the time taken by Departmental Minister for Arts, Sport and Tourism (Mr. officials in formulating draft replies, it is not pos- O’Donoghue): The sports capital programme, sible to indicate the total cost involved in replying which is administered by my Department, allo- to these questions. cates funding to sporting and community organis- ations at local, regional and national level Statutory Instruments. throughout the country. The programme is adver- 170. Mr. J. O’Keeffe asked the Minister for tised on an annual basis. Foreign Affairs the title of each statutory instru- Applications for funding under the 2007 prog- ment which he made during 2006 and which was ramme were invited through advertisements in not published in the usual way pursuant to section the Press on October 15th and 16th last. The clos- 3 of the Statutory Instruments Act 1947; and if he ing date for receipt of applications was November will make a statement on the matter. [3301/07] 24th 2006. All applications received before the deadline, including one from the organisation in Minister for Foreign Affairs (Mr. D. Ahern): I question, are currently being evaluated against wish to advise the Deputy that no Statutory the programme’s assessment criteria, which are Instruments were made by me in 2006 and, as a outlined in the guidelines, terms and conditions consequence, the issue of compliance with the of the programme. In this regard, I am pleased to publication requirements of Section 3 of the inform the Deputy that arrangements have been Statutory Instruments Act, 1947, did not arise. made for a meeting with the group in question.

National Lottery Funding. National Development Plan. 171. Mr. Kehoe asked the Minister for Arts, 173. Mr. Kehoe asked the Minister for Arts, Sport and Tourism if his Department has Sport and Tourism the projects that were tar- received an application for lottery funding from geted in the last national development plan in a club (details supplied); when he plans to make County Wexford; the breakdown of each one a decision on same; the amount of budget allo- completed or the stage that each project is at; the cated for such grants in 2007; and the amount overspend envisaged and an explanation for each; allocated in 2006. [2623/07] and if he will make a statement on the matter. [3136/07] Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The sports capital programme, Minister for Arts, Sport and Tourism (Mr. which is administered by my Department, allo- O’Donoghue): The following Arts Capital Pro- cates funding to sporting and community organis- jects were targeted under the NDP in Wexford. ations at local, regional and national level Wexford County Museum — \1,650,660 — The throughout the country. The programme is adver- Project promoters have advised that the project tised on an annual basis. will not go ahead. Gorey Little Theatre — Applications for funding under the 2007 prog- \368,224 — The Project is completed and all ramme were invited through advertisements in monies fully drawdown. In addition, a grant of the Press on October 15th and 16th last. The clos- up to \247,500 for Wexford Tourist Office was ing date for receipt of applications was November approved under Failte Ireland’s Tourism Product 24th 2006. All applications received before the Development Scheme, for the development of a deadline, including one from the organisation in new tourist office. The status of this project is a question, are currently being evaluated against matter for Fa´ilte Ireland. the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions Tourism Industry. of the programme. I intend to announce the grant allocations for the programme as soon as possible 174. Mr. Ferris asked the Minister for Arts, after the assessment process has been completed. Sport and Tourism if he will make a statement on 1427 Questions— 1 February 2007. Written Answers 1428

[Mr. Ferris.] course of being published in the usual way pursu- the possible implications for the tourist sector of ant to Section 3 of the Statutory Instruments the new security requirements for credit card Act 1947. users in view of the fact that some countries do not have the same procedures and that this may National Lottery Funding. prevent citizens of such States from using their credit cards while on holiday here. [3184/07] 177. Mr. Penrose asked the Minister for Arts, Sport and Tourism if he will confirm having Minister for Arts, Sport and Tourism (Mr. received an application for lottery funding from O’Donoghue): Responsibility for the new secur- an organisation (details supplied) in County ity arrangements for credit card users is primarily Westmeath; if he will ensure that same is granted a matter for the Irish Payments Services Organis- the necessary funding to enable it to complete its ation (IPSO) and the banking sector which, of works; and if he will make a statement on the course, falls within the responsibility of the Mini- matter. [3322/07] ster for Finance. I understand that IPSO has issued assurances Minister for Arts, Sport and Tourism (Mr. that visitors, who present credit or debit cards O’Donoghue): The sports capital programme, that do not have ‘Chip and PIN’ technology, will which is administered by my Department, allo- continue to be able to use their credit cards in the cates funding to sporting and community organis- same manner as currently operates. I understand ations at local, regional and national level that retailers will continue to accept cards that do throughout the country. The programme is adver- not have the new technology and in these cases tised on an annual basis. users will continue to sign for their transactions. Applications for funding under the 2007 prog- This will include cards being presented by visitors ramme were invited through advertisements in from countries that have not yet adopted the the Press on October 15th and 16th last. The clos- ‘Chip and PIN’ system. ing date for receipt of applications was November 24th 2006. All applications received before the Parliamentary Questions. deadline, including one from the organisation in question, are currently being evaluated against 175. Mr. Connolly asked the Minister for Arts, the programme’s assessment criteria, which are Sport and Tourism the number of parliamentary outlined in the guidelines, terms and conditions questions replied to by his Department in 2006; of the programme. I intend to announce the grant the cost involved; and if he will make a statement allocations for the programme as soon as possible on the matter. [3241/07] after the assessment process has been completed.

Minister for Arts, Sport and Tourism (Mr. 178. Mr. Penrose asked the Minister for Arts, O’Donoghue): A total of 763 parliamentary ques- Sport and Tourism if he will confirm having tions were answered by my Department in 2006. received an application from a hurling club Of that number, I answered 91 orally and 672 (details supplied) in County Westmeath for lot- were written questions. tery funding; if he will take steps to ensure that It is not possible to accurately quantify the cost funding is provided; and if he will make a state- of answering these questions as firstly there are ment on the matter. [3323/07] no staff exclusively dedicated to this task in my Department and secondly it depends on many Minister for Arts, Sport and Tourism (Mr. factors including the number and level of staff O’Donoghue): The sports capital programme, involved, the time spent, the complexity and which is administered by my Department, allo- importance of the issue, the form in which the cates funding to sporting and community organis- information sought exists and whether the ques- ations at local, regional and national level tions are written or oral. throughout the country. The programme is adver- tised on an annual basis. Statutory Instruments. Applications for funding under the 2007 prog- 176. Mr. J. O’Keeffe asked the Minister for ramme were invited through advertisements in Arts, Sport and Tourism the title of each statu- the Press on October 15th and 16th last. The clos- tory instrument which he made during 2006 and ing date for receipt of applications was November which was not published in the usual way pursu- 24th 2006. All applications received before the ant to Section 3 of the Statutory Instruments Act deadline, including one from the organisation in 1947; and if he will make a statement on the question, are currently being evaluated against matter. [3293/07] the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions Minister for Arts, Sport and Tourism (Mr. of the programme. I intend to announce the grant O’Donoghue): All statutory instruments made by allocations for the programme as soon as possible me during 2006 were published or are in the after the assessment process has been completed. 1429 Questions— 1 February 2007. Written Answers 1430

Swimming Pool Projects. where the IDA supported new jobs in 2006. [2641/07] 179. Ms C. Murphy asked the Minister for Arts, Sport and Tourism if he has received an appli- Minister for Enterprise, Trade and Employ- cation for funding a swimming pool at Leixlip, ment (Mr. Martin): There are 2,073,300 people in County Kildare; the dialogue he has had with employment as published by the CSO in the latest Kildare County Council; and if he will make a Quarterly National Household Survey (June- statement on the matter. [3358/07] August 2006). The breakdown by economic sec- tor is set out in the table below. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The current round of the Local Economic Sector 2006 Authority Swimming Pool Programme was closed to applications on 31 July 2000 and no application Agriculture, forestry and fishing 121,700 was made in respect of a public swimming pool Other production industries 296,600 for Leixlip before that date. Construction 277,800 My Department is completing an Expenditure Review of the Local Authority Swimming Pool Wholesale and retail trade 297,800 Programme at present. The Review is examining, Hotels and restaurants 120,600 among other things, how the programme has Transport, storage and communication 128,300 worked to date and what changes, if any, are Financial and other business services 267,700 required to ensure its effective and efficient deliv- Public administration and defence 105,800 ery. The Review is currently being finalised and Education 123,700 it is my intention to publish it as soon as possible. Health 210,900 Following consideration of the recommendations Other services 122,400 in the review it is my intention to launch a new round of the Local Authority Swimming Pool Total persons 2,073,300 Programme. When the Programme is re-opened, it will be open to all local authorities to submit In 2006 there were a total number of 135,487 applications under the terms that will apply. people permanently employed in IDA Ireland grant assisted companies. This included 11,846 180. Ms C. Murphy asked the Minister for Arts, new jobs. Sport and Tourism the stage the newΛNaas swim- The break down of new jobs by IDA Ireland ming pool project is at; when funding will be Region in 2006 is as follows: drawn down; the expected date for completion; and if he will make a statement on the matter. Number [3375/07] North-West 308 Minister for Arts, Sport and Tourism (Mr. North-East 260 O’Donoghue): Under the Local Authority Swim- Midlands 440 ming Pool Programme, there are four stages in West 591 the development of a swimming pool project. Mid-West 860 These are, in order of progress, Feasibility South-West 2,272 Study/Preliminary Report; Contract Documents; South-East 1,072 Tender and Construction. On 24 October 2006, I approved the tender East 6,043 submitted by Kildare County Council for the pro- posed replacement swimming pool in Naas. At Central to IDA Ireland’s activities is it’s commit- the same time, I approved the maximum grant ment to achieving the best possible regional of \3.8 million for the project. These approvals balance in investments. In 2006 almost 60% of permitted Kildare County Council to move to the new Greenfield projects and 6 out of every 7 R& construction phase and it is now a matter for the D investments (or 85%) took place outside local authority to proceed with the project. I am Dublin, with a wide geographical spread of high quality investments. advised that construction is expected to begin The challenge of a good regional spread of next month. investments increases as the higher value parts of the business value chains are targeted for Ireland. Job Creation. The need for a critical mass of suitably qualified 181. Mr. Kehoe asked the Minister for talent, supporting infrastructure and sophis- Enterprise, Trade and Employment the most ticated business services can then draw investors recent figures for the number of persons working towards cities and regions of scale. For most of here with a breakdown of the figures in relation the investment IDA Ireland competes for, the competition is from city regions with a population to the different sectors involved; and the locations base of over a million people. In Ireland, only 1431 Questions— 1 February 2007. Written Answers 1432

[Mr. Martin.] Minister for Enterprise, Trade and Employ- Dublin has a population of this size. For this ment (Mr. Martin): The Employment and Human reason, every location in Ireland has to think and Resources Development Operational Programme act regionally, rather than locally, if it wishes to 2000-2006 is comprised of both NDP funded and succeed. The National Spatial Strategy sets out ESF funded projects/measures targeted at a the framework for development in this way and regional level, not at county level. Monitoring needs to be actively embraced and followed by and reporting of activity both physical and finan- all economic and social parties. cial is done at regional level, that is, at Border, IDA Ireland has significantly raised the poten- Midlands and Western (BMW) and Southern and tial for regions to prosper by implementing a Eastern (S&E) Regional levels. Therefore, little national programme of investment in the vital data is available on projects at the county level infrastructure of business park development and itself through this Programme. the provision of sites for major projects. In 2006 The same applies in the case of the Productive Sector Operational Programme, which is also major construction work was undertaken in managed by this Department. Funding of the pro- Oranmore, Co Galway and Dundalk, Co Louth jects was targeted at regional level, not at county on utility-intensive sites. IDA Ireland also level and monitoring and reporting was again obtained planning permission for a huge inte- done at Regional level — BMW and S&E. grated circuit development at Grange Castle, Clondalkin, Co Dublin, which is now being 184. Mr. Kehoe asked the Minister for marketed globally. Enterprise, Trade and Employment the invest- ments outlined in the last National Development Work Permits. Plan in County Wexford; the plans and invest- 182. Mr. Kehoe asked the Minister for ments that have been completed, that are on- going or did not progress from planning stage; Enterprise, Trade and Employment his views on and if he will make a statement on the matter. liberal work permit regulations for Bulgarian [3154/07] nationals wishing to work here since 1 January 2007; and if he will make a statement on the Minister for Enterprise, Trade and Employ- matter. [2642/07] ment (Mr. Martin): The Employment and Human Resources Development Operational Programme Minister for Enterprise, Trade and Employ- 2000-2006 is comprised of both NDP funded and ment (Mr. Martin): The Government decided on ESF investments targeted at the regional level, 24th October, 2006 to continue to require that not at county level. Monitoring and reporting of nationals of Bulgaria and Romania apply for activity both physical and financial is done at work permits in order to participate in the Irish regional level, that is, at Border, Midlands and labour market from 1st January, 2007, the date Western (BMW) and Southern and Eastern (S& of accession of these countries to the European E) Regional levels. Therefore, little data is avail- Union. But I should emphasise that preference is able at the county level itself through this being given to nationals of Bulgaria and Romania Programme. over third-country nationals as regards the grant The same applies in the case of the Productive of employment permits, consistent with our Euro- Sector Operational Programme, which is also pean Community Preference obligations. managed by this Department. Investment was I should add that the Employment Permits Act targeted at the regional level, not at county level 2006, provides, in accordance with the provisions and monitoring and reporting was again done at Regional level — BMW and S&E. of the these countries’ Treaties of Accession to the EU, that Bulgarian or Romanian nationals International Standards. who had been already in the State on a valid employment permit for an uninterrupted period 185. Mr. McEntee asked the Minister for of twelve months prior to 1st January, 2007, no Enterprise, Trade and Employment the approved longer require a permit in order to work in the national or international standards that apply to State. washing machines sold here; and if he will make a statement on the matter. [3174/07]

National Development Plan. Minister for Enterprise, Trade and Employ- 183. Mr. Kehoe asked the Minister for ment (Mr. Martin): I assume that the Deputy is Enterprise, Trade and Employment the projects referring to domestic clothes washing machines. that were targeted in the last National Develop- The National Standards Authority of Ireland has ment Plan in County Wexford; the breakdown of advised me that it has adopted the following stan- each one completed or the stage that each project dards for such machines:— is at; the overspend envisaged and an explanation I.S. EN 60335-2-7:2003 including Amend- for each; and if he will make a statement on the ments A1: 2004 and A2: 2006 HOUSEHOLD matter. [3141/07] AND SIMILAR ELECTRICAL 1433 Questions— 1 February 2007. Written Answers 1434

APPLIANCES — SAFETY PART 2-7: It is a matter for the courts to determine PARTICULAR REQUIREMENTS FOR whether or not a trade description or advertise- WASHING MACHINES. ment is false or misleading in any particular case. I.S. EN 60456:2005 including Amendment Complaints about false or misleading trade A11: 2006 CLOTHES WASHING descriptions or advertisements may be referred to MACHINES FOR HOUSEHOLD USE — the Director of Consumer Affairs. METHODS FOR MEASURING THE PER- FORMANCE. Work Permits. 188. Mr. Hogan asked the Minister for Equality Issues. Enterprise, Trade and Employment if he will 186. Aengus O´ Snodaigh asked the Minister for review a decision in respect of a work permit for Enterprise, Trade and Employment if an EU a person (details supplied) in County Dublin; and directive or measure exists that has binding effect if he will make a statement on the matter. here which prohibits car hire companies from hir- [3269/07] ing cars to persons over the age of 70 years; and his views on whether this would contravene the Minister for Enterprise, Trade and Employ- Equal Status Act 2000. [3180/07] ment (Mr. Martin): The Employment Permits Section of my Department has informed me that Minister for Enterprise, Trade and Employ- the last application made to this section by the ment (Mr. Martin): I would advise the Deputy above named individual was on the 14th of June that I do not have any responsibility in relation 2005 and was subsequently refused on the to the Equal Status Act 2000. The investigation grounds that the above named individual was on of complaints under that Act is a matter for the a study visa and was therefore not entitled to Office of the Director of Equality Investigations. enter full time employment. To-date no further application has been submitted to this section. Consumer Protection. 187. Mr. Boyle asked the Minister for Statutory Instruments. Enterprise, Trade and Employment his views on 189. Mr. J. O’Keeffe asked the Minister for whether it is misleading advertising when Enterprise, Trade and Employment the title of dishwasher detergents advertise a salt function or each statutory instrument which he made during built in salt when in reality manufactures have 2006 and which was not published in the usual only added a huge amount of phosphates to their way pursuant to Section 3 of the Statutory Instru- formula to replace the function of a built-in com- ments Act 1947; and if he will make a statement ponent in every dishwasher such as an environ- on the matter. [3298/07] mentally friendly ion-exchange water softener which removes calcium and limescale from the Minister for Enterprise, Trade and Employ- water as it enters the machine. [3199/07] ment (Mr. Martin): My Department has iden- tified one Statutory Instrument which was not Minister for Enterprise, Trade and Employ- sent to the bodies prescribed in Section 3 (1) (a) ment (Mr. Martin): The Merchandise Marks Act of the 1947 Act within the seven day time limit, 1887, as amended by the Consumer Information although all the other requirements of the Act Act 1978, makes it an offence to apply a false or were observed. misleading trade description to a wide range of I signed S.I. No. 290 of 2006 European Com- characteristics of goods, including the material of munities (Co-operation between National Auth- which goods are composed. Directive 1984/450/EEC on Misleading Advertising, which orities Responsible for the Enforcement of Con- was transposed into Irish law by the European sumer Protection Laws) Regulations 2006 on 30th Communities (Misleading Advertising) Regu- May 2006. Under Section 3 (1) (a) of the Statu- lations 1988, prohibits misleading advertising in tory Instruments Act 1947, copies of an S.I. are regard, among other things, to the composition due to be sent to the National Library of Ireland, of goods. the Law Library, Four Courts Dublin, the Incor- The Consumer Protection Bill 2007 which I porated Law Society of Ireland, the Dublin have published today will, when it has been Chamber of Commerce, the Cork Chamber of passed and has come into force, replace these Commerce, the Limerick Chamber of Commerce, enactments. It will prohibit misleading commer- the Waterford Chamber of Commerce and the cial practices in regard, among other things, to Galway Chamber of Commerce, within seven the composition or ingredients of a product and days of the making of an SI. Due to an oversight, its benefits, risks, and the results to be expected my Department did not send copies of SI 290 of from its use. It will also prohibit the omission of 2006 before 6th June 2006, as required in this material information about a product that con- case, to the aforementioned Bodies. However, sumers would need in order to make an informed this oversight has since been rectified by my decision about it. Department. 1435 Questions— 1 February 2007. Written Answers 1436

Consumer Protection. allowance and living alone allowance to persons 190. Ms C. Murphy asked the Minister for only in receipt of the Department of Education Enterprise, Trade and Employment if he will and Science ex-gratia pension who have not been introduce consumer protection measures in view eligible to date; and if he will make a statement of the introduction of a charge for persons not on the matter. [2672/07] opting for a direct debit method of paymentΛby companies (details supplied); and if he will make Minister for Social and Family Affairs (Mr. a statement on the matter. [3364/07] Brennan): The aim of the national fuel scheme is to assist householders on long-term social welfare Minister for Enterprise, Trade and Employ- or health service executive payments with meet- ment (Mr. Martin): I am aware that the Director ing the cost of their additional heating needs dur- of Consumer Affairs has received a considerable ing the winter season. Fuel allowances are paid number of complaints from consumers in relation for 29 weeks from end-September to mid-April to the introduction of the charge referred to in and are not intended to meet the full cost of the Deputy’s question. However, I do not share heating. the view that introducing measures or imposing Eligibility to the fuel allowance scheme is sub- controls in relation to the price traders charge for ject to means and other conditions. The main goods or services would necessarily address the conditions that apply to the fuel allowance concerns raised by the Deputy. Past experience scheme are that a person must be in receipt of a has shown that price control policies have not qualifying payment, must satisfy a means test and been effective in protecting consumers. must either be living alone or with a qualifying Nevertheless, I share the Director’s concerns dependant. People who already qualify for that the introduction of this charge could impact disproportionately on certain groups of vulner- means-tested pensions or allowances such as state able consumers. I understand that the Director pension (non-contributory), long-term jobseek- intends to raise these concerns with the compan- er’s assistance or one-parent family payment do ies concerned. I have asked the Director to keep not have to undergo a further means test to qual- me informed of any developments in this regard. ify for fuel allowance. The majority of people who receive fuel allowances qualify because they Grant Payments. satisfy the relevant means test for their primary weekly payment. 191. Mr. Kehoe asked the Minister for Social Recipients of the Department of Education and Family Affairs the number of people who and Science ex-gratia pension. These ex-gratia availed of the grant by his Department towards the cost of hearing aids for the past five years pensioners would be eligible for fuel allowance with a breakdown of the figures; his plans to under the terms of the scheme as operated by my increase the size of the grant; and if he will make Department, if they also qualified for the State a statement on the matter. [2669/07] Pension (Non Contributory) or another qualify- ing payment and satisfied the means test. Minister for Social and Family Affairs (Mr. The living alone allowance, or living alone Brennan): The total number of people availing of increase as it is now known, is an additional pay- a grant towards the cost of a hearing aid for the ment of \7.70 per week made to people aged 66 past 5 years is 26,256 broken down as follows: years or over who are in receipt of certain social welfare payments and who are living alone. It is Year Number also available to people under 66 years of age who are living alone and who receive payments 2002 4,401 under one of a number of invalidity type schemes. 2003 5,262 The increase is intended as a contribution 2004 5,749 towards the additional costs people face when 2005 5,332 they live alone. The living alone allowance 2006 5,512 increase is not a payment in its own right but one that is paid as a supplement to a social welfare payment. As such, it cannot be paid to people The grant was increased by over 8% with effect from 1 May 2006 and currently my Department without a social welfare entitlement or to those will pay up to half the cost of a hearing aid or whose pension payments are made exclusively repairs to a hearing aid subject to a fixed under the social security regimes of other coun- maximum of \760. The grant level is continuously tries. Any changes in the eligibility rules for the kept under review in the context of the objectives fuel allowance or living alone allowance increase of the scheme and budgetary resources. schemes would have cost and other implications and would have to be examined in the context of Social Welfare Benefits. the Budget and in the light of the resources avail- able to me for improvements in social welfare 192. Mr. Kehoe asked the Minister for Social generally. and Family Affairs his views on offering fuel 1437 Questions— 1 February 2007. Written Answers 1438

National Development Plan. Social Welfare Benefits. 193. Mr. Kehoe asked the Minister for Social 195. Mr. Durkan asked the Minister for Social and Family Affairs the projects that were tar- and Family Affairs the correct rent allowance geted in the last National Development Plan in payable in the case of a person (details supplied) County Wexford; the breakdown of each one in County Kildare; and if he will make a state- completed or the stage that each project is at; the ment on the matter. [3353/07] overspend envisaged and an explanation for each; and if he will make a statement on the matter. Minister for Social and Family Affairs (Mr. [3147/07] Brennan): The supplementary welfare allowance scheme, which is administered on my behalf by Minister for Social and Family Affairs (Mr. the community welfare division of the Health Brennan): The Family Services Project (FSP) Service Executive, provides for the payment of a rent supplement to assist eligible people who are provides funding to programmes run by third par- unable to provide for their immediate accom- ties to assist welfare recipients and members of modation needs from their own resources and their families improve their personal and family who do not have accommodation available to circumstances through training, educational and them from any other source. development courses. The programmes are gen- The Executive has advised that the rent sup- erally of a short duration and take place over a plement claim of the person concerned is to be number of weeks. A total of 31 Family Services reviewed shortly and it will notify her of the out- Projects have been funded in Co. Wexford over come directly. the lifetime of the NDP 2000-2006. The FSP is administered by Facilitators who are based in my 196. Mr. Durkan asked the Minister for Social Department’s Local Offices. There are 4 Facilita- and Family Affairs if payment of exceptional tors located in the South East Region and two of needs is possible in the case of a person (details these are based in Wexford. Examples of activi- supplied) in County Kildare; and if he will make ties funded under the FSP include parenting pro- a statement on the matter. [3355/07] jects for very young lone parents, support prog- rammes for families of disabled persons and Minister for Social and Family Affairs (Mr. family support for travellers. Brennan): Under the terms of the supplementary Family Resource Centres are funded by the welfare allowance scheme which is administered Family Support Agency under the Family and on my behalf by the community welfare division Community Services Resource Centre Prog- of the Health Service Executive (HSE), an excep- ramme. The emphasis in the projects is on the tional needs payment (ENP) may be made to involvement of local communities in developing help meet an essential, once-off cost which the approaches to tackle the problems they face and applicant is unable to meet out of his/her own on creating successful partnerships between the resources. There is no automatic entitlement to this payment. Each application is determined by voluntary and statutory agencies in the areas con- the Executive based on the particular circum- cerned. There are 3 Family Resource Centres in stances of the case. Eligible people would nor- Co Wexford that have received funding under the mally be in receipt of a social welfare or health last NDP. service executive payment. The Dublin / Mid-Leinster Area of the Execu- Statutory Instruments. tive have advised that the person concerned had 194. Mr. J. O’Keeffe asked the Minister for made an application for an ENP in September Social and Family Affairs the title of each statu- 2006 and again in January 2007 but was refused tory instrument which he made during 2006 and on each occasion as in the opinion of the HSE, payment was not warranted. The person con- which was not published in the usual way pursu- cerned has been notified of the decision. ant to Section 3 of the Statutory Instruments Act 1947; and if he will make a statement on the 197. Ms C. Murphy asked the Minister for matter. [3304/07] Social and Family Affairs the reason persons in receipt of carer’s allowance do not receive fuel Minister for Social and Family Affairs (Mr. allowance; and if he will make a statement on the Brennan): In 2006, I made 32 Statutory Instru- matter. [3361/07] ments pursuant to the Social Welfare Consoli- dation Act 2005 as amended. In addition, 13 Minister for Social and Family Affairs (Mr. Statutory Instruments were also promulgated Brennan): The national fuel scheme assists house- pursuant to the Pensions Act 1990 as amended. holders on long-term social welfare or health In accordance with requirements under Section 3 service executive (HSE) payments with meeting of the Statutory Instruments Act, 1947 as the cost of their heating needs during the winter amended, all Statutory Instruments have been season. Fuel allowances are paid for 29 weeks published in Iris Oifigiu´ il. from end-September to mid-April. The allowance 1439 Questions— 1 February 2007. Written Answers 1440

[Mr. Brennan.] is almost 58% of its fleet, are now wheelchair represents a contribution towards a person’s nor- accessible. All new and replacement buses being mal heating expenses. It is not intended to meet purchased are wheelchair accessible. The oper- those costs in full. Eligibility for the allowance is ation and maintenance of the ramp mechanism subject to means. The other main conditions that on wheelchair accessible buses is a day to day apply are that a person must be in receipt of a operational matter for Dublin Bus. I understand qualifying payment, and must either be living from Dublin Bus that the procedure for the oper- alone or only with a specified person. ation of the ramps is satisfactory and that it has in Carer’s Allowance is not a qualifying payment operation a programme of inspection for its bus for a fuel allowance for a number of reasons. In ramps, that defects with the ramp mechanism are many cases the care recipient will already be in to be reported on a daily basis and repaired as receipt of fuel allowance in his/her own right and quickly as possible. Dublin Bus also informs me only one fuel allowance is payable per household. that it will take immediate action on comments Secondly, the carer may not be living with the from any member of the public who highlight care recipient in all cases. I am satisfied that the instances of ramps not working. current rules result in fuel allowances being paid in appropriate households. Any changes in the Road Traffic Offences. eligibility rules for the fuel allowance would have cost and other implications and would have to be 200. Mr. Kehoe asked the Minister for Trans- examined in the context of the Budget and in the port the penalties imposed on a person found light of the resources available to me for improve- guilty of driving with levels of alcohol above the ments in social welfare generally. permitted levels in their system; if these penalties have changed recently; if there are plans to revise these penalties in the future; and if he will make Marine Accidents. a statement on the matter. [3348/07] 198. Mr. Kehoe asked the Minister for Trans- port the number of occasions since June 1997 the Minister for Transport (Mr. Cullen): Auto- RAF responded to maritime incidents in Irish ter- matic disqualification from driving applies to all ritorial waters and lead or participated in search drink driving convictions but the minimum period and rescue missions in Irish territorial waters; and of disqualification varies depending on the if he will make a statement on the matter. alcohol levels in individual cases and on whether [2628/07] the conviction relates to a first or a subsequent offence. The current provisions are set out in Minister of State at the Department of Trans- Section 2 of the Road Traffic Act 1995 and the port (Mr. Gallagher): There was only one financial penalties are set out in section 49 of the occasion when the RAF responded to a maritime Road Traffic Act 1961 as amended. incident in Irish territorial waters during the years The Road Traffic Act 2006 provides for the mentioned. This occurred in 2003 when the Irish introduction of some changes in relation to the Coast Guard requested additional assistance with periods of disqualification and increases in the the possible evacuation of 155 passengers on financial penalties and I will be commencing the board a ferry that had engine trouble off the Tus- relevant provisions shortly. kar Rock. RAF assistance would have com- plemented the Irish Coast Guard helicopter Insurance Claims. resource. There is ongoing close co-operation between the Irish Coast Guard and their UK 201. Mr. Kehoe asked the Minister for Trans- counterparts, including helicopter assistance, port if a person can claim from an insurance com- which is appreciated and welcomed. Joint exer- pany if they have an accident travelling without a cises are held on a regular basis. qualified or person with full driving licence and the accident involved no other person; and if he will make a statement on the matter. [2673/07] Public Transport. 199. Ms Burton asked the Minister for Trans- Minister for Transport (Mr. Cullen): Third port if, in relation to the Government’s disability party compulsory motor insurance covers the fund and the provision of ramp access to buses, liability to an injured third party, arising from the his Department has conducted an audit of the negligent use of a motor vehicle in a public place. availability of ramp access to buses in Dublin; if Where there is no other party involved in an acci- his attention has been drawn to the fact that dent, the driver is not a third party and cannot many ramps which were put in place through this claim compensation from the motor insurance fund are unusable due to a lack of funds for serv- policy. icing; and if he will make a statement on the Where a driver has optional comprehensive matter. [3190/07] insurance cover any claims for compensation for damage incurred to his or her own vehicle would Minister for Transport (Mr. Cullen): I under- be subject to the conditions attached to such stand from Dublin Bus that 679 of its buses, that cover. 1441 Questions— 1 February 2007. Written Answers 1442

National Development Plan. received approval for 18% grant aid to a maximum of \0.240 million for a project to pur- 202. Mr. Kehoe asked the Minister for Trans- port the projects that were targeted in the last chase a crane and construct a warehouse. National Development Plan in County Wexford; the breakdown of each one completed or the Public Transport. stage that each project is at; the overspend envis- 204. Mr. Kehoe asked the Minister for Trans- aged and an explanation for each; and if he will port the differences between DOE tests carried make a statement on the matter. [3149/07] out to buses for his Department and a bus test carried out by an AA engineer for his Depart- 203. Mr. Kehoe asked the Minister for Trans- ment; and if he will make a statement on the port the investments outlined in the last National matter. [3169/07] Development Plan in County Wexford; the plans and investments that have been completed, that Minister for Transport (Mr. Cullen): Since 13 are on-going or did not progress from planning September 2006 as a consequence of the Road stage; and if he will make a statement on the Safety Authority Act 2006 (Conferral of matter. [3160/07] Functions) Order 2006 responsibility for matters relating to vehicle standards, including vehicle Minister for Transport (Mr. Cullen): I propose testing, has passed to the Road Safety Authority. to take Questions Nos. 202 and 203 together. My Department did not engage the AA to carry The National Development Plan 2000 to 2006 out any inspection of a bus. (NDP) included provision for major improve- ments on the N11 and N30 routes through the Statutory Instruments. county. I understand from the National Roads Authority, who have overall responsibility for the 205. Mr. J. O’Keeffe asked the Minister for planning, design, construction and maintenance Transport the title of each statutory instrument of national roads works, that the N11 bypass of which he made during 2006 and which was not Gorey is due to open later this year. This means published in the usual way pursuant to Section 3 that the N11 route will have been substantially of the Statutory Instruments Act 1947; and if he upgraded along almost its entire length from will make a statement on the matter. [3305/07] Dublin to just south of Gorey by the end of this year. A 5 km section of the N30 was upgraded Minister for Transport (Mr. Cullen): Iamnot and opened in April of 2006. aware of any Statutory Instrument which I made The main railway projects impacting on County during 2006 which did not conform to Section 3 Wexford in the NDP related to upgrading the of the Statutory Instruments Act 1947. track and associated infrastructure on the Dublin to Rosslare Europort line. Over the past 5 years Public Transport. approximately \86m was spent on the Dublin to Rosslare route. While Iarnrod Eireann does not 206. Ms C. Murphy asked the Minister for maintain records of expenditure on a county basis Transport the mechanism that will be used to the bulk of the expenditure was incurred between introduce the second hundred buses identified as Bray and Rosslare Europort and, based on mile- immediately required in the 2006 Dublin Bus net- age, approximately 60% of the expenditure work review; if the issuing of licences for new would have been in County Wexford. routes under the 1932 Act is forming part of the The entire Dublin to Rosslare Europort line first 200; the way the second 200 identified in the was renewed with modern continuously welded network review will be delivered; when they will rail during the period of the NDP. In addition, be delivered; the person by whom they will be significant investment was also made on associ- delivered; and if he will make a statement on the ated infrastructure such as bridges, level cross- matter. [3374/07] ings, fencing and coastal defence. Work is also underway on re-signalling the line and this pro- Minister for Transport (Mr. Cullen): There are ject will be completed by Autumn 2007. currently in place two regimes governing the The rolling stock on the line has been replaced approval of bus services, one for private oper- with modern diesel railcars and these will be ators and one for Dublin Bus and Bus Eireann further upgraded to InterCity railcars in 2008. A and I am currently considering their replacement new commuter rail service was introduced from with one regime, in the context of replacing of Gorey to Dublin. the Road Transport Act 1932. As I indicated in Two projects approved for aid did not progress my statement of 28 September last, the precise beyond planning stage and were cancelled by arrangements for the awarding of franchises to the promoters. private operators in the Dublin market will be The New Ross Port Company was approved dealt with in this context. In the meantime, the for 35% grant aid for the construction of a \3.365 licensing provisions of the Road Transport Act million wharf development. Stafford Shipping, a 1932 and the Transport Act 1955 will continue to private company operating in New Ross port, be applied. 1443 Questions— 1 February 2007. Written Answers 1444

[Mr. Cullen.] • the Gaeltacht, in terms of finance for indus- At present, my Department is supporting both try, building construction, sectoral training, Dublin Bus and Bus Eireann in the acquisition of road improvements and harbour additional buses and replacement buses for the improvements; GDA. In the current year, Dublin Bus will be • urban and village renewal; putting into service around 200 new buses, of which 100 will be additional buses allocated • inland waterways development; towards providing additional services. Many of • rural development, in the context of the these new buses have additional carrying capacity Area Based Rural Development Initiative, compared with the buses they are replacing. Bus the Rural Development Fund, Farm Relief Eireann is in the process of ordering 160 new Services and the Western Development buses for delivery and entry into service from Fund; summer 2007 on. I understand that Bus Eireann intend to assign 75 of these buses to the • the development of disadvantaged com- Leinster/East region. Some private operators will munities through the Community Develop- also be expanding services. ment Programme; • the promotion of local action plans to pro- Question No. 207 withdrawn. mote social inclusion under the Local Development Social Inclusion Programme; National Development Plan. and 208. Mr. Kehoe asked the Minister for Com- • the National Drugs Strategy. munity, Rural and Gaeltacht Affairs the projects that were targeted in the last National Develop- While my Department had no direct responsi- ment Plan in County Wexford; the breakdown of bility for any major infrastructural investments or each one completed or the stage that each project projects in Co. Wexford under the NDP 2000- is at; the overspend envisaged and an explanation 2006, funding has been made available to local for each; and if he will make a statement on the groups in the county during the period of the matter. [3138/07] National Development Plan under a number of programmes operated in the Southern & Eastern 209. Mr. Kehoe asked the Minister for Com- Region by my Department, including: munity, Rural and Gaeltacht Affairs the invest- • \13.15m under the Local Development and ments outlined in the last National Development Social Inclusion Programme provided to Plan in County Wexford; the plans and invest- the Wexford Area Partnership (\5.684m) ments that have been completed, that are on- and Wexford County Partnership going or did not progress from planning stage; (\7.466m). and if he will make a statement on the matter. \ [3152/07] • 1.208m under the National Rural Development Programme to the Wexford Minister for Community, Rural and Gaeltacht Organisation for Rural Development. Affairs (E´ amon O´ Cuı´v): I propose to take Ques- • \4.031m under the Community Develop- tions Nos. 208 and 209 together. ment Programme to six groups in Co. The Deputy will be aware that the National Wexford ACCESS 2000 Wexford Development Plan (NDP) 2000-2006 constituted (\0.668m), FAB Coolcotts (\0.758m), New a programme setting out the Government’s broad Ross CDP (\0.466m), South West Wexford strategic response to the State’s economic and CDP (\0.994m), Templeshannon CDP social development needs for the seven-year (\0.857m), and Wolfe Tone Women’s period in question, and that it did not set out Group (\0.290m). specific project commitments. My Department was involved in four Oper- The Deputy will appreciate that, due to the ational Programmes under the NDP 2000-2006, diverse nature of the projects supported under as follows: these programmes, it would not be possible, in the time available, to provide details in respect • the Productive Sector Operational of individual projects. If the Deputy has specific Programme; queries in relation to any particular case, • the Employment and Human Resources however, I will be happy to arrange for relevant Development Operational Programme; information to be provided to him. • the Border, Midland and Western Regional Rural Social Scheme. Operational Programme; and 210. Mr. Connaughton asked the Minister for • the Southern & Eastern Regional Oper- Community, Rural and Gaeltacht Affairs the ational Programme. reason there are no vacancies on the rural social Assistance was provided under these Prog- scheme; if his attention has been drawn to the rammes across a range of measures in relation to fact that there is a waiting list of applicants for 1445 Questions— 1 February 2007. Written Answers 1446 this scheme; if his attention has further been of retail businesses over the years without drawn to the fact there is much work to be done recourse to grant assistance, and in the context at community level; and if he will make a state- also of the possible implications for State aid ment on the matter. [3172/07] which could attach to the provision of such assist- ance, I am satisfied that U´ dara´s has taken an Minister for Community, Rural and Gaeltacht appropriate line in this matter. Affairs (E´ amon O´ Cuı´v): When the Rural Social Scheme (RSS) commenced in July 2004, there Statutory Instruments. were 2,500 places available. In September 2005, a 212. Mr. J. O’Keeffe asked the Minister for further 100 places were provided and as of Friday Community, Rural and Gaeltacht Affairs the title last, 26th January, there are 2,591 participants on of each statutory instrument which he made dur- the Scheme. All Implementing Bodies maintain a ing 2006 and which was not published in the usual waiting list of applicants in order to replace par- way pursuant to Section 3 of the Statutory Instru- ticipants who leave the Scheme and fill vacancies ments Act 1947; and if he will make a statement as they arise. on the matter. [3295/07] As the Deputy is aware, the Scheme aims to encourage farmers and fishermen to continue to Minister for Community, Rural and Gaeltacht farm and fish while providing them with Affairs (E´ amon O´ Cuı´v): My Department has not additional financial support. In addition, the var- enacted any Statutory Instruments during the ious skills widely available amongst our farmers year 2006. and fishermen are being harnessed for the benefit of rural communities. I am fully aware that there Grant Payments. is much work to be done at a community level and am very happy that all of the work under- 213. Mr. Wall asked the Minister for Com- taken as part of the Scheme is very beneficial to munity, Rural and Gaeltacht Affairs the position the communities concerned. regarding an application for grant assistance by The RSS has become a key part of many rural a community group (details supplied) in County communities and is very popular with both par- Kildare; and if he will make a statement on the ticipants and local sponsors. In this context, the matter. [3306/07] Deputy should note that funding for the RSS for the period 2007-2013 is included in the recently Minister of State at the Department of Com- published National Development Plan. This con- munity, Rural and Gaeltacht Affairs (Mr. N. firms the Government’s continued and on-going Ahern): An application from this group has been commitment to the Scheme in the coming years. received by my Department under the 2006 Prog- ramme of Grants for Locally-Based Community Grant Payments. and Voluntary Organisations. I recently announced the first tranche of funding under this 211. Dr. Cowley asked the Minister for Com- Programme and assessments are continuing in munity, Rural and Gaeltacht Affairs the respect of the remaining applications, including maximum grant aid amounts available to persons that of the group referred to by the Deputy. running a grocery shop in a rural, Gaeltacht area A decision will be notified to this group in the where the building urgently needs re-roofing and near future. the installation of new windows; and if he will make a statement on the matter. [3249/07] 214. Mr. Kehoe asked the Minister for Agri- culture and Food the reason a person (details Minister for Community, Rural and Gaeltacht supplied) in County Carlow has not received full Affairs (E´ amon O´ Cuı´v): Under the Housing payment for their 2006 single farm payment; and (Gaeltacht) Acts, assistance is available to quali- if she will ensure prompt payment; and if she will fied applicants in a Gaeltacht area towards the make a statement on the matter. [1134/07] construction of new houses and the improvement of existing houses. A shopkeeper may qualify for Minister for Agriculture and Food (Mary an improvement grant under the Acts, which Coughlan): The position is that an application could include re-roofing and the installation of under the Single Payment Scheme was received new windows if the place of residence and busi- from the person named on the 26th April 2006. ness are under the one roof, but any such grant As part of the control procedures under EU will be confined to the residential part of the legislation governing the Single Payment Scheme, building. Detailed information regarding the the application was randomly selected for and Gaeltacht housing scheme can be found on my was the subject of a ground eligibility and cross Department’s website at www.pobail.ie. compliance inspection. I understand from U´ dara´s na Gaeltachta that, During the course of the cross-compliance while its Strategic Development Plan 2005-2010 inspection errors were discovered with regard to recognises the need for a network of small indus- the identification and registration of bovine ani- tries and service providers, grant assistance is not mals which resulted in a 5% cross compliance available to local shops. Given the proliferation penalty being applied. The person named had 1447 Questions— 1 February 2007. Written Answers 1448

[Mary Coughlan.] having a meeting with the person named at this also been the subject of a cross compliance stage. inspection in 2005 and had also incurred a 5% If there is any new evidence that might warrant penalty for a similar infringement. The person a review of the decision, it should be forwarded to named did not seek a review nor did he lodge the Appeals Committee for further consideration. an appeal against that decision. Under the EU Regulations governing cross compliance and the Farm Inspections. rules regarding repetition of non-compliance, his penalty in 2005 was therefore multiplied by 3 to 216. Mr. Kehoe asked the Minister for Agri- calculate the penalty for 2006. This has resulted culture and Food the number of farmers here in a 15% penalty being applied to his Single Pay- who were penalised by inspectors from her ment for 2006. Department for breaches in farm regulation; the If the person named is not satisfied with the nature and amount of those penalties; and the result of the inspection, he may seek a review by reason given for same. [2620/07] contacting his Local Office. To date no review has been sought. He also has the right to appeal 217. Mr. Kehoe asked the Minister for Agri- the outcome of any such review to the Indepen- culture and Food the number of field inspectors dent Agriculture Appeals Office. working for her Department; the number of farm- ers nationwide registered with her Department to 215. Mr. Kehoe asked the Minister for Agri- be inspected; and if she will make a statement on culture and Food if a senior officer from her the matter. [2621/07] Department will meet with a person (details supplied) in County Wexford to discuss the Minister for Agriculture and Food (Mary ongoing problems with the single payment and its Coughlan): I propose to take Questions Nos. 216 appeal; and if she will make a statement on the and 217 together. matter. [2619/07] The position is that my Department, in the con- text of delivering the Single Payment Scheme, is Minister for Agriculture and Food (Mary required to carry out on-the-spot inspections on a Coughlan): As indicated in a previous reply to number of farms covering such issues as eligibility a Parliamentary Question from the Deputy, the under the Scheme, compliance with EU legis- person named submitted an application for an lation in the areas of the environment, food allocation of entitlements from the 2005 Single safety, animal health and welfare and plant health Payment Scheme National Reserve under Categ- and ensuring that the farm is maintained in good ories A and D. agricultural and environmental condition. Category A caters for farmers who inherited A minimum of 5% of Single Payment Scheme land or received land free of charge or for a nomi- applicants are required to be inspected under the nal sum from a farmer who had retired or died by 16 May, 2005 and who had leased out his/her eligibility rule. These checks are carried out to holding to a third party during the reference verify that the actual area claimed in the Single period 2000 to 2002. The person named was Payment Scheme application form corresponds to deemed unsuccessful under this category as she the area held by the farmer and to ensure there did not receive the land free of charge or for a are no overlapping claims, or duplicate claims. nominal sum. These checks are also designed to confirm that Category D caters for farmers who inherited or the lands declared for set-aside purposes are purchased land and who commenced farming maintained in accordance with the provisions of after 31 December, 2002 or who commenced the EU Regulations and that the set-aside obli- farming in 2002 but who received no direct pay- gations are observed. They are also necessary to ments in respect of that scheme year. The person verify that the land used to draw down entitle- named was also deemed unsuccessful under this ments does not contain land used for fruit and category as the land acquired was leased land vegetable production, land used for potatoes or which does not qualify under this category. land in forestry or other permanent crops in the The person named submitted an appeal against year of application for the Single Payment. Up this decision. This appeal was forwarded to the to two-thirds of these inspections are carried out Independent Single Payments Appeals Commit- without a farm visit and using the technique of tee who have completed their review and disal- remote sensing. lowed the appeal. A letter outlining the decision The rate of on-farm inspection required for of the Committee has issued to the person cross-compliance is 1% of those farmers to whom named. the Statutory Management Requirements The Appeals Committee’s decision can only be (including the Nitrates Directive) or good agricul- amended on foot of new facts or fresh evidence tural and environmental condition apply. to support such a review. In the circumstances it, However at least 5% of producers must be is felt that no useful purpose would be served in inspected under the Bovine Animal Identification 1449 Questions— 1 February 2007. Written Answers 1450 and Registration requirements as this level is pre- and good agricultural and environmental con- scribed under the relevant Regulations. dition (GAEC). In 2006, 7514 farmers have had their holdings Breaches found during Cross Compliance selected for on-the-spot inspection out of some Inspections in 2006 resulted in a total of 130,000 who applied for the Single Payment \706,203.38 being stopped in penalties. This rep- Scheme — over 100,000 of these are also appli- resents just 0.05% of Ireland’s national ceiling of cants for the Disadvantaged Areas Scheme \1.3 billion. (DAS) and 5% of applicants under this scheme must also be inspected. The DAS inspections are, National Development Plan. as far as possible, integrated with the inspections 218. Mr. Kehoe asked the Minister for Agri- under the Single Payment Scheme. The total culture and Food the projects that were targeted value of both schemes to Irish farmers is some in the last National Development Plan in County \1.55 billion in 2006. All inspections are carried Wexford; the breakdown of each one completed out by 124 Technical Agricultural Officers. or the stage that each project is at; the overspend The EU regulations governing cross- com- envisaged and an explanation for each; and if she pliance set out a range of percentage reductions will make a statement on the matter. [3135/07] for non-compliance. Where non-compliance results from negligence on behalf of the farmer, 219. Mr. Kehoe asked the Minister for Agri- a 3% reduction may be applied but this can be culture and Food the investments outlined in the reduced to 1% or increased to 5% depending on last National Development Plan in County the extent, severity and permanence of the Wexford; the plans and investments that have infringement. If the non-compliance is repeated been completed, that are on-going or did not pro- within a 3-year period, a multiplier 3 must be gress from planning stage; and if she will make a applied. In the case of intentional infringement a statement on the matter. [3150/07] 20% reduction is provided for but this can be reduced to 15% or increased to 100% depending Minister for Agriculture and Food (Mary on the extent, severity and permanence of the Coughlan): I propose to take Questions Nos. 218 infringement. and 219 together. In determining whether a farmer is in breach The measures relevant to my Department in of cross-compliance, my Department takes due the 2000-2006 National Development Plan did account of infringements that are, on their own, not provide for or relate to individual projects. inadvertent, minor in nature, do not result from Instead, they comprised support schemes for the negligence of the farmer and are capable of agri-food sector and related research. The table occurring in practical farming situations. In such below sets out payments under the various circumstances a certain level of tolerance is schemes in County Wexford during the period. applied while, at the same time, the farmer is notified of the infringement. In this regard my Scheme Amount Department has adopted a weighting system that results in fair and equitable sanctions under cross- \m compliance. The system that has been developed Compensatory Allowances 19.548 also ensures that the sanctions are applied in a standardised fashion throughout the country. REPS 36.535 A total of 1,389 farmers were subject to cross- Early Retirement 7.719 compliance penalties under the 2006 Single Pay- Forestry 6.956 ment Scheme while a further 977 farmers, while Food 3.260 technically in breach of the requirements, did not Farm Waste Management 1.696 suffer any penalty because of the tolerance Installation Aid 1.385 regime applied by my Department. Dairy Hygiene Scheme 0.712 Where a farmer is found to be non-compliant, through negligence, under more than one of the Alternative Enterprises 0.287 Statutory Management Requirements, the penal- Livestock Breeding equine 0.043 ties are not accumulated — only the higher pen- Organic Farming 0.013 alty is applied. Grain Storage 0.330 The vast bulk of penalties applied (1,109 Potatoes 0.268 farmers) were for breaches of the rules relating Horticulture 1.048 to the identification and registration of bovine animals i.e. tagging, registration and notification Total 79.800 of movements and deaths. A further 280 farmers were penalised for breaches of other Statutory In addition to the above payments, support pro- Management Requirements relating to vided under the National Development Plan for Groundwater, Nitrates, Pesticides, Food Hygiene general measures such as agri-food research and 1451 Questions— 1 February 2007. Written Answers 1452

[Mary Coughlan.] son named on 30 January 2007 requesting the cattle breeding infrastructures also benefited of specific documentation. the agri-food sector in County Wexford. Upon receipt of the documentation, my Department will process the application and will Farm Waste Management. correspond directly with the person named. 220. Mr. Kehoe asked the Minister for Agri- culture and Food the reason for the delay in pro- Parliamentary Questions. cessing the application for a person (details 223. Mr. Connolly asked the Minister for Agri- supplied) in County Wexford under the farm culture and Food the number of parliamentary waste disposal scheme; and if she will make a questions replied to by her Department in 2006; statement on the matter. [3162/07] the cost involved; and if she will make a state- ment on the matter. [3235/07] Minister for Agriculture and Food (Mary Coughlan): The person concerned is an applicant Minister for Agriculture and Food (Mary under the revised Farm Waste Management Coughlan): In 2006, my Department replied to Scheme which has resulted in over 48,000 appli- 2413 parliamentary questions. The time spent on cations having been received by my Department. replies to Parliamentary Questions can vary con- These applications are currently being processed siderably depending on the nature of the question and a decision will be made in respect of the and the cost of preparing replies is not readily above application as soon as possible. available.

Installation Aid Scheme. Offshore Islands. 221. Mr. Deasy asked the Minister for Agri- 224. Mr. J. O’Keeffe asked the Minister for culture and Food if she will grant the new level Agriculture and Food the number of farmers liv- of grant aid under the farm installation aid prog- ing on the islands off the coast; her views on ramme to those applicants who had submitted whether special consideration should be given to applications in the previous 12 months but who them; and if she has proposals for additional sup- have not received payment; and if she will make port in view of the extra costs associated with a statement on the matter. [3182/07] island farming. [3291/07]

Minister for Agriculture and Food (Mary Minister for Agriculture and Food (Mary Coughlan): Applications for aid under the current Coughlan): According to the Central Statistics Installation Aid Scheme, which applies to farmers Office, there are 372 farmers living on off-shore set-up for the first time in farming on or before islands. I am aware of their specific circumstances 31 December 2006 will be considered in accord- and have taken them into account under the new ance with the terms and conditions of that Rural Development Programme for 2007 to 2013. Scheme. In the case of on-farm investments, reckonable The Installation Aid Scheme to be applied in standard costs will continue to be 25% higher for Ireland as part of the 2007-2013 Rural Develop- islands. Under the Rural Environmental Protec- ment Programme will be introduced as soon as tion Scheme — REPS — eligible agricultural land EU approval is received for that Programme. on islands will be entitled to an additional 15% payment. 222. Mr. Ring asked the Minister for Agri- The new Rural Development Programme is culture and Food the reason a person (details awaiting EU approval. Apart from on-farm supplied) in County Mayo did not receive the sin- investment and REPS, it contains a variety of gle payment scheme. [3183/07] measures designed to address the needs of the agri-food sector. One such measure will provide Minister for Agriculture and Food (Mary continued support for farms — including those on Coughlan): The position is that an application for islands — situated in disadvantaged agricultural the Transfer of Entitlements under the Single areas. Payment Scheme to the person named was sub- mitted on 25 August 2006. The application was Statutory Instruments. accepted even though the closing date for receipt of completed applications to transfer entitlements 225. Mr. J. O’Keeffe asked the Minister for was 16 May 2007. Agriculture and Food the title of each statutory The application was examined and further instrument which she made during 2006 and documentation is required. My Department which was not published in the usual way pursu- wrote to the person named seeking the docu- ant to Section 3 of the Statutory Instruments Act mentation and an official from my Department 1947; and if she will make a statement on the also made direct telephone contact with the per- matter. [3292/07] 1453 Questions— 1 February 2007. Written Answers 1454

Minister for Agriculture and Food (Mary Minister for Education and Science (Ms Coughlan): It is the practice within my Depart- Hanafin): I propose to take Questions Nos. 228 ment to comply with Section 3 of the Statutory and 239 together. Instruments Act 1947 and I am not aware of any The issues referred to by the Deputy have been cases that did not comply with this requirement. the subject of an appeal to the Independent School Transport Appeals Board which has made Departmental Appointments. a determination in the matter. In these circum- stances I do not propose to intervene. 226. Mr. Kehoe asked the Minister for Agri- culture and Food the number of positions filled from members of the panel formed from a com- Capitation Grants. petition (details supplied); the number of appli- 229. Mr. Kehoe asked the Minister for Edu- cants who have withdrawn from the panel; and cation and Science when the devolving grants for when and the number of positions that will be rural primary schools (details supplied) in County offered in the next round of offers. [3320/07] Limerick will be allocated; and if she will make a statement on the matter. [2637/07] Minister for Agriculture and Food (Mary Coughlan): No positions have been filled from Minister for Education and Science (Ms members of the panel to date. No applicants have Hanafin): Applications have been received in the withdrawn from the panel. Department from the schools referred to by the First offers have issued to 13 candidates and Deputy under the devolved grants schemes. My a further two offers will issue when the Public Department is currently assessing all applications Appointments Service has informed the Depart- received from schools for funding under these ment that all relevant clearances have been programmes. The list of successful applicants will received from the two applicants. be published as soon as possible.

Grant Payments. State Examinations. 227. Mr. Ring asked the Minister for Agri- 230. Mr. Kehoe asked the Minister for Edu- culture and Food her plans to speed up the pay- cation and Science the charge students are levied ment of REP scheme to farmers once their appli- with for sitting the leaving certificate; the amount cations are submitted; and the length of time it students are charged for repeating the leaving currently takes on average, for a REP scheme certificate; and the reason there is a difference in payment to issue. [3321/07] price when resitting exams. [2638/07]

Minister for Agriculture and Food (Mary Minister for Education and Science (Ms Coughlan): For both new applications and annual Hanafin): The 2007 examination fee for Leaving applications received and paid in REPS 3 Certificate candidates is \96. The fee for school- between I January 2006 and 31 December 2006, based repeat Leaving Certificate candidates is the average time for making a REP scheme pay- \251. ment was 7 weeks and 1 day. This is within the Special fees for repeat candidates were intro- timeframe agreed for REPS between the farming duced in 1987 on the basis that it is not unreason- organisations and my Department. able to expect those who have already benefitted from the normal course of second level education, School Transport. and who wish to take an extra year, to make a 228. Mr. Kehoe asked the Minister for Edu- contribution towards the cost of providing the cation and Science if, with regard to school trans- necessary resources. A course fee is also payable port and correspondence received from an associ- in respect of such candidates. ation (details supplied) dated 9 January 2007, she Generally, examination fees cover only a frac- will provide a response to the issues raised in that tion of the cost of running the examinations, and correspondence; if there will be a meeting with these costs have been spiralling in recent years the committee; and when this is expected to take as new methods of assessment are introduced in place. [2636/07] various subjects. There is an alleviation scheme in place 239. Mr. Kehoe asked the Minister for Edu- whereby current medical card holders and their cation and Science the new investigations he or dependents are exempt from the payment of fees. his Department are carrying out with regard to This exemption applies to approximately 30% of the issue of school transport catchment areas all examination candidates each year. regarding Blackwater, County Wexford; and if This alleviation scheme also applies in the case she will make a statement on the matter. of repeat candidates in respect of both the course [3242/07] fee and the repeat examination fee. 1455 Questions— 1 February 2007. Written Answers 1456

Schools Building Projects. or the stage that each project is at; the overspend envisaged and an explanation for each; and if she 231. Mr. Kehoe asked the Minister for Edu- will make a statement on the matter. [3140/07] cation and Science the reason for the delay in the building of a new vocational school (details supplied) in County Carlow; if her attention has 234. Mr. Kehoe asked the Minister for Edu- been drawn to the fact that the school was cation and Science the investments outlined in reported to have been given the go ahead in 2001 the last National Development Plan in County and six years later no such works have taken Wexford; the plans and investments that have place; and if she will make a statement on the been completed, that are on-going or did not pro- matter. [2639/07] gress from planning stage; and if she will make a statement on the matter. [3153/07] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): In the light of increases in enrolments Hanafin): I propose to take Questions Nos. 233 in the school, the Department conducted a re- and 234 together. evaluation of the long term projected enrolments The NDP 2000-2006 identified the need for for the required project. A revised long term pro- major investment in educational infrastructure in jected enrolment figure of 1000 pupils has new and refurbished buildings, new equipment recently been agreed with the Vocational Edu- and information technology to make education cational Committee. Progress on the proposed more relevant to the needs of a modern economy. building project will be considered in the context The plan did not identify individual building pro- of the School Building and Modernisation Prog- jects to be addressed either on a local or county ramme from 2007 onwards. basis. It was a matter for my Department to prior- itise projects objectively and ensure that funding Special Educational Needs. was appropriately allocated in line with priority 232. Mr. Kehoe asked the Minister for Edu- assessments. If the Deputy has specific projects in cation and Science if her attention has been mind my Department can provide the relevant drawn to the fact that under Circular SP ED information. 09/04 a diagnosis of ADHD can not be made My Department accelerated the school build- unless a report is available from a psychiatrist or ing programme with record levels of investment clinical diagnosis and that as her Department and the streamlining of delivery systems during only employ educational psychologist schools are the period of the last NDP. The Government is dependent on their local health board to provide delivering on its commitment to provide modern the service, that currently in Carlow there is not facilities in schools and has progressively such person to carry out such an assessment and increased funding in recent years with an aggre- as a result children with suspected ADHD are not gate total of well over \2.6 billion invested in the receiving the early intervention they require; and period from 2000 to 2006 in upgrading existing the advice she would give to overcome this pre- school infrastructure and providing new school dicament. [2640/07] accommodation at both first and second-level. This is the largest investment programme in the Minister for Education and Science (Ms history of the State. It has delivered over 7,800 Hanafin): I am aware that there must be a report projects including 1300 in 2006 alone. In addition from a psychiatrist or a clinical psychologist and the investment covered site purchases; the annual evidence that a child is receiving treatment for minor works grant to all primary schools, Attention Deficit Hyperactive Disorder (ADHD) dust/asbestos and radon remediation prog- to enable the National Council for Special Edu- rammes, science and technology initiatives, con- cation (NCSE) to examine applications for tingency works and grants for the purchase of fur- resource teaching supports. niture and equipment including improving This requirement is to ensure a proper diag- equipment needed for new technologies and ICT. nosis of the condition. Any resources that might To put it in context in terms of pupil numbers, be allocated to the relevant school will work in if we take new primary schools recently com- tandem with therapy supports provided outside pleted, under construction or approved to pro- the school setting. Responsibility for the recruit- gress to construction, we are delivering over ment and deployment of health professionals is 15,000 new permanent pupil places, almost 70% the responsibility of the HSE. of these in the Leinster area. This figure relates to new schools only and does not include an additional 8,750 school places being delivered National Development Plan. under the permanent accommodation scheme. 233. Mr. Kehoe asked the Minister for Edu- Innovations in the delivery of school buildings cation and Science the projects that were targeted such as Generic Repeat Designs and the use of in the last National Development Plan in County the Design and Build model ensure that new Wexford; the breakdown of each one completed school buildings are delivered in the fastest time- 1457 Questions— 1 February 2007. Written Answers 1458 frame possible. In recent years, my Department available from the candidate’s local Tax Office. has also adopted a policy of devolving much In addition, I understand that, in such circum- greater authority to local school management stances, financial assistance towards tuition fees boards to manage and deliver smaller building by way of student loans may be available to EU projects, thereby freeing my Department to con- nationals from the Department for Education centrate on the larger scale projects. and Skills in the United Kingdom. My Department has never underestimated the scale of the task and the level of capital funding Disadvantaged Status. and other resources required to rectify decades of under investment in school infrastructure. 236. Mr. Ring asked the Minister for Education However, the Government is delivering on its and Science the way a school (details supplied) in commitment to provide modern facilities in County Mayo can be reviewed for DEIS. schools and will provide a further \4.8 billion for [3185/07] educational infrastructure over the period of the new National Development Plan 2007-2013. 254. Mr. Ring asked the Minister for Education and Science the way schools can apply at this stage to gain disadvantaged status and be Higher Education Grants. included in DEIS following changes in the local 235. Mr. Crowe asked the Minister for Edu- economy and so on. [3327/07] cation and Science if she will intervene in the case of a person (details supplied) in County Kerry. Minister for Education and Science (Ms [3173/07] Hanafin): I propose to take Questions Nos. 236 and 254 together. Minister for Education and Science (Ms DEIS (Delivering Equality of Opportunity in Hanafin): Under the terms of the higher edu- Schools), the action plan for educational cation grants scheme, maintenance grants are inclusion, provides for a standardised system for payable to eligible students pursuing full-time identifying levels of disadvantage and a new inte- undergraduate courses of not less than two years grated School Support Programme (SSP). DEIS duration pursued in a university or third-level will bring together and build upon a number of institution which is maintained or assisted by existing interventions in schools with a concen- recurrent grants from public funds in another EU trated level of disadvantage. The process of iden- member state. The position regarding tuition fees tifying schools for participation in DEIS was is that none of the third level student support managed by the Educational Research Centre schemes operated on behalf of the Department (ERC) on behalf of my Department and sup- extend to the payment of tuition fees in respect ported by quality assurance work co-ordinated of courses outside of Ireland. In order to qualify through the Department’s regional offices and for a maintenance grant a candidate must satisfy the Inspectorate. A review mechanism was put in the relevant conditions of the student support place to address the concerns of schools that did schemes in regard to age, residence, means, not qualify for inclusion in DEIS but regarded nationality and previous academic attainment. themselves as having a level of disadvantage I understand that the candidate in question is which was of a scale sufficient to warrant their in receipt of a Higher Education Grant from inclusion in the programme. The review process Kerry County Council to pursue her course at the operated under the direction of an independent University of Wales. However, Section 473A, person, charged with ensuring that all relevant Taxes Consolidation Act, 1997, provides tax identification processes and procedures were relief, at the standard rate of tax, for tuition fees properly followed in the case of schools applying paid in respect of approved courses at approved for a review. The closing date for receipt of colleges of higher education including certain review applications was 31 March, 2006. The approved undergraduate and postgraduate Group submitted a report and the review is now courses in EU Member States and postgraduate concluded. Schools who applied for a review were courses in non-EU countries. Tax relief at under- informed of the outcome in August, 2006. graduate level extends to approved full/part-time My Department is considering putting separate courses in both private and publicly funded third arrangements in place to address exceptional level colleges in the State and any other EU situations arising up to the time of the next identi- Member State and approved full/part-time fication process which will be held in 2009/2010. courses operated by Colleges in any EU Member These arrangements will apply to new schools State providing distance education in the State. (including those created through amalgamation), Approved undergraduate courses must be of at opening in 2005/2006 or thereafter. The arrange- least two years duration, and both the college and ments may also apply to schools located in certain the course must satisfy the Codes of Standards as communities which have suffered significant socio laid down by the my Department. Further details economic decline since the commencement of and conditions in relation to this tax relief are DEIS. Consideration will be given to such 1459 Questions— 1 February 2007. Written Answers 1460

[Ms Hanafin.] previous parliamentary question (details changes at the mid-way point between the supplied); and if she will make a statement on the 2005/2006 and 2009/2010 identification process matter. [3247/07] i.e. in 2007/2008. However, it should be noted that schools which have not qualified for inclusion in Minister for Education and Science (Ms DEIS and which are receiving additional Hanafin): As the Deputy will be aware, the two resources under pre-existing schemes for address- major investment priorities under the ICT in ing disadvantage, can be assured that they will Schools Programme over the past two years have continue to receive support in line with their level been the provision of grant aid to schools to of disadvantage. develop their computer networks and the estab- lishment of the Schools Broadband Network and Schools Building Projects. associated provision of broadband access to schools. In this context, the school concerned 237. Mr. Durkan asked the Minister for Edu- received a networking grant of \2,200 in cation and Science her plans for the development December 2004 and has had its broadband con- of the full sphere of educational facilities along nectivity installed. I am aware of the benefits that the M4-N4 corridor; if she has set a timescale for good use of ICT can bring to our children’s edu- delivery of such proposals; when the proposals cation and I am conscious of the need for further will reach fruition; and if she will make a state- investment to realise the full potential of integrat- ment on the matter. [3203/07] ing ICT into teaching and learning and I intend Minister for Education and Science (Ms to publish a comprehensive new ICT strategy in Hanafin): As the Deputy will be aware, the local 2007 covering the period of the new National area development plan for the N4/M4 corridor is Development Plan to 2013. the framework document for the Department’s long-term educational strategy at both primary Special Educational Needs. and post-primary level for the area concerned. 241. Dr. Cowley asked the Minister for Edu- The recommendations in the plan are being cation and Science the reason a person (details actioned in the context of the School Building supplied) in County Mayo is not entitled to and Modernisation Programme subject to the receive home tuition in view of the fact that their published prioritisation criteria for large scale hearing has deteriorated to such an extent that it building projects. will make learning in a traditional teaching envir- onment nearly impossible and their education is Parliamentary Questions. suffering badly as a result of same; and if she will 238. Mr. Connolly asked the Minister for Edu- make a statement on the matter. [3248/07] cation and Science the number of parliamentary questions replied to by her Department in 2006; Minister for Education and Science (Ms the cost involved; and if she will make a state- Hanafin): The home tuition scheme provides ment on the matter. [3237/07] funding to parents to provide education at home for children who, for a number of reasons such as Minister for Education and Science (Ms chronic illness, are unable to attend school. The Hanafin): I replied to 5,188 written and oral scheme was extended in recent years to facilitate Parliamentary Questions (PQs) in 2006. PQs are tuition for children awaiting an educational place- dealt with by staff in the line section responsible ment. An application for a home tuition grant for for the particular issue raised in the question. The the pupil in question in respect of the 2006/07 number and level of staff involved in preparing a school year was considered by my Department. particular answer varies depending on a number The application was not granted as the pupil had of factors including the complexity of the issues a satisfactory attendance record during the raised in the question and the volume and accessi- 2005/06 school year. If the pupil’s condition has bility of information required for the response. It deteriorated to such an extent that they have mis- is not possible to isolate the administrative cost sed a significant amount of school days to date in of processing PQs from the overall administrative the current school year, they should re-apply. I costs of the Department as processing of PQs is have requested that the relevant Visiting Teacher carried out as part of the normal day-to-day work for Hearing Impaired Pupils call on the student of sections. in question in the near future.

Question No. 239 answered with Question Capitation Grants. No. 228. 242. Mr. Kenny asked the Minister for Edu- cation and Science the way in which the average Computerisation Programme. running costs paid per pupil in the vocational 240. Dr. Cowley asked the Minister for Edu- educational committee, community and compre- cation and Science if she will issue a reply to a hensive schools and secondary voluntary schools 1461 Questions— 1 February 2007. Written Answers 1462 compare over each of the past five years; and if addition, equalisation funding grants of up to she will make a statement on the matter. \44.44 per pupil, subject to a cap of \15,554 per [3262/07] secondary school, introduced in 2001 and also additional to the per capita grants of some \70 244. Mr. Kenny asked the Minister for Edu- per pupil, subject to a cap of \24,442 per school, cation and Science the capitation payment pay- introduced in 1992, are provided to voluntary sec- able for all students in vocational secondary ondary schools. Secondary schools have also ben- schools; the number of additional funding streams efited, under the school services support fund to which schools can apply on top of the basic initiative, from further significant increases in the capitation rate; the mechanism through which support services grant. Under the terms of recent community and comprehensive schools are equalisation measures, the support grant has been funded; and if she will make a statement on the significantly enhanced and now stands at \189 per matter. [3264/07] pupil from 1 January 2007. Since 2002, the stan- dard per capita and support service grant has 245. Mr. Kenny asked the Minister for Edu- been increased for voluntary secondary schools as cation and Science the capitation payment pay- set out in the attached tables. Budget allocations able for all students in voluntary secondary for the VEC and Community & Comprehensive schools; the number of additional funding streams sectors are increased on a pro rata basis with to which schools can apply on top of the basic increases in the per capita grant. All schools are capitation rate; the method through which all cap- eligible for recurrent per capita grants towards itation payments are calculated; and if she will special classes and curricular support grants. make a statement on the matter. [3265/07] Departmental Expenditure. 246. Mr. Kenny asked the Minister for Edu- cation and Science the capitation payment pay- 243. Mr. Kenny asked the Minister for Edu- able for all students in community and compre- cation and Science the disparity in non-teacher hensive secondary schools; the number of funding of second level voluntary schools and additional funding streams to which schools can community and comprehensive schools in terms apply on top of the basic capitation rate; the of current and of capital spending; and if she will mechanism through which community and com- make a statement on the matter. [3263/07] prehensive schools are funded; and if she will make a statement on the matter. [3266/07] Minister for Education and Science (Ms Hanafin): All school building projects are selec- Minister for Education and Science (Ms ted for inclusion in the School Building and Mod- Hanafin): I propose to take Questions Nos. 242 ernisation Programme on the basis of priority of and 244 to 246, inclusive, together. need. No differentiation is made between volun- The funding arrangements made by my tary secondary schools and community and com- Department for second level schools reflect the prehensive schools. All applications for capital different management and ownership arrange- funding are assessed in accordance with my ments for Vocational Schools and Community Department’s published prioritisation criteria for Colleges, Comprehensive & Community Schools large scale building projects which were drawn up and Voluntary Secondary Schools. At the core of following consultation with the education part- funding arrangements at second level is reliance ners. Following this assessment, each application upon capitation as the principal determinant of is assigned a band rating. Progress on individual funding. Voluntary secondary schools are funded projects is consistent with that band rating. on a per capita grant basis. Financial allocations The current funding arrangements made by my for Vocational schools and Community colleges Department for second level schools reflect the are made to the VECs as part of a block grant, sectoral division of our second level system. At which also covers the VEC head-office overheads the core of all arrangements is a reliance upon and other activities apart from the second-level capitation as the principle determinant of fund- programme. Community & Comprehensive ing. In my view it is important to consider these schools are funded on a budget basis. Schools issues in the wider context of the equalisation of have considerable discretion as to how this fund- funding arrangements across the second level ing is best utilised in the interests of their pupils. system. My Department provides funding to sec- There have been significant improvements in the ondary schools by way of per capita grants, which level of funding for voluntary secondary schools. affords schools considerable flexibility in the use With effect from January 2007, the standard per of these resources to cater for the needs of their capita grant was increased by \18 per pupil and pupils. There have been significant improvements now amounts to \316 per pupil. An additional per in recent years in the level of funding for volun- capita grant of \38.09 per pupil is paid to dis- tary secondary schools. I wish to draw the atten- advantaged schools bringing the total per capita tion of the Deputy to my announcement of grant in the case of such schools to \354.09. In further significant increases in the context of the 1463 Questions— 1 February 2007. Written Answers 1464

[Ms Hanafin.] children awaiting a suitable educational 2007 estimates. From 1 January 2007 the standard placement. per capita grant has been increased by \18 to There is an educational placement available for \316 per pupil. In addition, the support services the child referred to by the Deputy and therefore grant has also been increased by a further \30 he does not qualify for tuition under the terms of for voluntary secondary schools, which includes a the scheme. further equalisation measure, to \189 per pupil. For such schools this cumulative increase of \48 State Examinations. per pupil will bring the aggregate grant to over 249. Mr. Kehoe asked the Minister for Edu- \500 per pupil from 1 January 2007. These grants cation and Science if her attention has been are in addition to the per capita funding of up to drawn to the fact that some leaving certificate \40,000 per school that is also provided by my students put an enormous amount of work and Department to secondary schools towards sec- time into their art portfolio, which is required for retarial and caretaking services. For example in them to enter art college or to do an art course, the case of a secondary school with 500 pupils, but it is not taken into account for leaving certifi- this will bring annual grants towards general \ cate purposes; her plans to change same; and if expenses and support service to over 290,000. she will make a statement on the matter. Budget allocations for schools in the Com- [3286/07] munity & Comprehensive sector are increased on a pro rata basis with increases in the per capita Minister for Education and Science (Ms grant. The provision that I have made, in the con- Hanafin): Decisions on the entry requirements text of the 2007 estimates, for these significant for admission to courses of further and higher increases in the funding of voluntary secondary education are a matter for the college authorities. schools is a clear demonstration of my commit- The Leaving Certificate Art syllabus is designed ment to prioritise available resources to address to promote the development of students’ creative, the needs of schools. aesthetic, design, and critical skills as well as an appreciation and awareness of the role of the vis- Questions Nos. 244 to 246, inclusive, answered ual arts in history and contemporary culture. The with Question No. 242. syllabus is currently examined by means of invigi- lated examinations where candidates produce art Higher Education Grants. work under specific conditions within a specified timeframe, and a written examination in the His- 247. Mr. Kenny asked the Minister for Edu- tory and Appreciation of Art. The skills of visual cation and Science the level of funding allocated research and analysis, design and composition, to universities directly towards the provision of and the knowledge and appreciation of the his- part-time education at these institutions for each tory of art, which are promoted as part of the year since 2002; the method through which part- Leaving Certificate Art curriculum are of rel- time courses at universities are funded; and if she evance in the development of portfolios for entry will make a statement on the matter. [3267/07] into further learning. The Deputy will be pleased to know that the National Development Plan Minister for Education and Science (Ms 2007-2013 includes provision for a significant Hanafin): The position is that the universities programme of investment in school modernis- receive a block grant from the Higher Education ation and curricular reform. The introduction of Authority and it is a matter for each institution, a revised curriculum in Art will be considered in as an autonomous institution, to determine how this context. it is allocated internally. Schools Building Projects. Home Tuition. 250. Mr. Kehoe asked the Minister for Edu- 248. Mr. Hogan asked the Minister for Edu- cation and Science the funding available to a cation and Science if she will approve home tui- school (details supplied) in County Wexford to tion for a person (details supplied) in County erect security fencing around the school to curb Kilkenny; and if she will make a statement on the vandalism and teenage drinking parties in the matter. [3231/07] school grounds; and if she will make a statement on the matter. [3289/07] Minister for Education and Science (Ms Hanafin): The Deputy may be aware that the Minister for Education and Science (Ms home tuition scheme provides funding to parents Hanafin): Officials from my Department have to provide education at home for children who, been in contact with the school authorities advis- for a number of reasons such as chronic illness, ing them on how to apply for funding for the are unable to attend school. The scheme was security fencing, as part of the large scale building extended in recent years to facilitate tuition for project currently taking place at their school. 1465 Questions— 1 February 2007. Written Answers 1466

Statutory Instruments. I also signed an order in December 2006 pursuant to the provisions of the Vocational Education 251. Mr. J. O’Keeffe asked the Minister for (Amendment) Act 1944 and this is still in the pro- Education and Science the title of each statutory cess of being published. (It has been assigned the instrument which she made during 2006 and S.I. number 708 of 2006 by the Government Pub- which was not published in the usual way pursu- lications office of the OPW). ant to Section 3 of the Statutory Instruments Act The Deputy may also wish to note that since 1947; and if she will make a statement on the December 2006 there has been a pilot project in matter. [3297/07] place, through which the publication process has Minister for Education and Science (Ms been expedited as a consequence of the use of Hanafin): Section 3 of the Statutory Instruments electronic production and proofing of statutory Act 1947, as amended by section 1 of the Statu- instruments. tory Instruments (Amendment) Act 1955, places All of the orders which I made during 2006 a number of requirements in course of the publi- have been published or are in the process of cation of a statutory instrument. being published and the requirements of section The critical obligation under section 3 of the 3 of the Statutory instruments Act has been Statutory Instruments Acts is to ensure that a observed in this regard. notice is published in Iris Oifigiu´ il of the making of an order or regulation, as otherwise any charge Schools Building Projects. in relation to the contravention of the provisions 252. Mr. O’Shea asked the Minister for Edu- of the statutory instrument could be struck out in cation and Science her proposals to provide fund- court unless the prosecutor satisfies the Court ing for a number of projects at a college (details that reasonable steps had been taken for the pur- supplied) in County Waterford; and if she will pose of bringing the purport of the instrument to make a statement on the matter. [3325/07] the notice of the public or of persons likely to be affected by it. The orders which I have made Minister for Education and Science (Ms mainly relate to the commencement of certain Hanafin): My Department is in receipt of corre- statutory provisions or establishment day orders spondence regarding works required at the school in respect of statutory bodies and none of the referred to by the Deputy. An official of the orders entail fines or other penalties for the con- Building Section of my Department has con- travention of the provisions of these statutory tacted the management of the school. An appli- instruments. cation form for an Emergency Works Grant is In 2006 I signed the following orders: being prepared for submission to the Building • Education Act 1998 (Publication of Inspec- Section. tion Reports on Schools and Centres for As soon as the completed application form is Education) Regulations 2006 (S.I. 49/2006), received it will be considered as a matter of (PRN.A6/0100), notice published in Iris urgency and the outcome will be notified to the Oifigiu´ il on 29th Sept 2006; school authorities without delay.

• Education (Former Residents of Certain Schools Refurbishment. Institutions for Children) Finance Board (Establishment Day) Order 2006 (S.I. 253. Mr. Ring asked the Minister for Education 77/2006), notice published in Iris Oifigiu´ il and Science the funding available for a school on 29th Sept 2006; (details supplied) in County Mayo for a project; and if she will issue the relevant application form • Teaching Council Act 2001 to this Deputy in respect of the works. [3326/07] (Commencement) Order 2006 (S.I. 184/2006), notice published in Iris Oifigiu´ il Minister for Education and Science (Ms on 29th Sept 2006; Hanafin): I have arranged that an application • Teaching Council Act 2001 (Establishment form for emergency works for the school in ques- Day) Order 2006 (S.I. 185/2006), notice tion be issued to the Deputy. published in Iris Oifigiu´ il on 29th Sept As soon as the completed form is received it 2006; will be considered as a matter of urgency and the outcome will be notified to the school authorities • Grangegorman Development Agency Act without delay. 2005 (Establishment Day) Order 2006 (S.I. 252/2006), notice published in Iris Oifigiu´ il Question No. 254 answered with Question on 29th Sept 2006; No. 236. • Education and Science (Delegation of Min- isterial Functions) Order 2006 (S.I. 255. Ms C. Murphy asked the Minister for Edu- 533/2006), notice published in Iris Oifigiu´ il cation and Science if the list for the summer on 13th Oct 2006. works grant 2007 is final; if schools such as a 1467 Questions— 1 February 2007. Written Answers 1468

[Ms C. Murphy.] (2007/2008 school year) this is being reduced to school (details supplied) in County Kildare who 27 children per classroom teacher. applied for grant assistance and were not School authorities are requested to ensure that included on the list will be assisted by her Depart- the number of pupils in any class is kept as low ment by other means; and if she will make a state- as possible, taking all relevant contextual factors ment on the matter. [3363/07] into account (e.g. classroom accommodation, fluctuating enrolment). In particular, school auth- Minister for Education and Science (Ms orities should ensure that there is an equitable Hanafin): The management authority of the distribution of pupils in mainstream classes and school in question applied for funding for car- that the differential between the largest and parking and replacement of windows and doors smallest classes is kept to a minimum. under the Summer Works Scheme 2007. Carpark- A further initiative that has been of direct ing was listed as the Priority 1 project. Under the benefit to primary schools has been the change in prioritisation system these works were classed the criteria for developing schools. For the cur- Category 10 (External Environment). Unfortu- rent school year the threshold for getting a nately the category applying to this type of pro- developing school post was reduced specifically ject was not reached. to help schools that are seeing large increases in The school authority, however, also submitted enrolments each year. Over 280 such posts were an application under the Emergency Works sanctioned in the 2006/07 school year compared Grant for funding for the works in question. I am to 170 in 2005/06. pleased to inform the Deputy that the Building On the Post Primary side allocations are Unit of my Department has recently approved approved by my Department on an annual basis funding for these works. in accordance with generally applied rules relat- ing to recognised pupil enrolment. In general a Pupil-Teacher Ratio. ratio of 18:1 is applied in respect of recognised 256. Ms C. Murphy asked the Minister for Edu- pupils on established Junior Certificate, Leaving cation and Science the way she will deliver lower Certificate, repeat Leaving Certificate and Tran- pupil teacher ratios in line with the national tar- sition Year Programmes and a ratio of 16:1 is gets to rapidly developing areas which are under applied in respect of recognised pupils on the pressure to provide school places at the expense Leaving Certificate Vocational Programme, Post of higher pupil teacher ratios; and if she will make leaving Cert courses and Leaving Cert Applied. a statement on the matter. [3376/07] Each school management authority is required to organise its curriculum, teaching time-table Minister for Education and Science (Ms and subject options having regard to pupils’ needs Hanafin): Major improvements have been made within the limits of its approved teacher allo- in staffing at primary level in recent years. At the cation. Significant improvements have been made beginning of the current school year there are no in the pupil teacher ratio at post primary level in less than 4000 extra teachers in our primary recent years. The ratio has fallen from 16:1 in the schools, compared with 2002. The average class 1996/97 school year to 13.2:1 in the 2005/06 size in our primary schools is 24 and there is now school year. one teacher for 17 pupils at primary level, includ- The improvements we have made in school ing resource teachers etc. staffing in recent years are absolutely Children with special needs and those from dis- unparalleled. advantaged areas are getting more support than But we are determined to go even further, and ever before to help them to make the most of so the 2007 Estimates include provision for their time at school. another 800 primary teachers. About 500 of these Indeed, with the thousands of extra primary will be classroom teachers, which includes our teachers hired by this Government, recent years commitment to reduce class sizes. have seen the largest expansion in teacher I assure the Deputy that we will continue to numbers since the expansion of free education. prioritise further improvements in school staffing Furthermore, the Government is committed to going forward. We will also continue our focus on providing even more primary teachers next year measures to improve the quality of education in to reduce class sizes. our primary schools to ensure that increased As you know all primary schools are staffed on resources lead to better outcomes for our a general rule of at least one classroom teacher children. for every 28 children. Of course, schools with only one or two teachers have much lower staffing Question No. 257 answered with Question ratios than that — with two teachers for just 12 No. 15. pupils in some cases and so on — but the general rule is that there is at least one classroom teacher Question No. 258 answered with Question for every 28 children in the school. Next year No. 7. 1469 Questions— 1 February 2007. Written Answers 1470

Question No. 259 answered with Question such as aid to the civil power, search and rescue, No. 15. drug interdiction operations and assistance with pollution control. Naval Service Vessels. The current Exclusive Fishery Limits extend to 200 miles offshore and cover an area of 132,000 260. Mr. Kehoe asked the Minister for Defence nautical square miles. The Naval Service cur- if he will make a statement on the capabilities of rently patrols the entire 200-mile limit and the Naval Service and the Air Corps to periodically patrols beyond these limits to protect adequately patrol Irish territorial waters at specific fisheries. These patrols are carried out on present; the plans for investment proposed to a regular and frequent basis and are directed to patrol future expansions to territorial waters; and all areas of Irish waters as necessary. The number if he will make a statement on the matter. of Patrol Vessels on patrol in Irish waters at any [2625/07] one time varies between three and seven. The Naval Service is committed to having at least 261. Mr. Kehoe asked the Minister for Defence three vessels on patrol within the Irish Exclusive the shortest response time for a naval vessel to Economic Zone at any one time. In 2006, the reach the mouth of the Suir Estuary from the Naval Service achieved an output of 1,658 patrol naval base at Haulbowline, County Cork; and if days, which represents an average of 207 patrol he will make a statement on the matter. days achieved per vessel. [2626/07] Naval Service patrols are complemented by assistance provided by the Air Corps. The Air 264. Mr. Kehoe asked the Minister for Defence Corps Maritime Squadron carries out aerial sur- the number of days in 2006 the Casa CN235 veillance of territorial waters using the two 100MP aircraft did not patrol Irish waters; and if CASA maritime patrol aircraft. In 2006, a total he will make a statement on the matter. of 251 maritime patrols were flown by the CASA [2630/07] over 229 days, representing over 1,400 flying hours. There were 136 days where no maritime 267. Mr. Kehoe asked the Minister for Defence patrols were flown due to, inter alia, adverse the minimum number of Naval vessels patrolling weather conditions, essential maintenance, air Irish waters at any one time during 2006; the ambulance taskings and training missions under- number of days during 2006 each of the eight taken. The introduction into operational service Naval vessels were out of service or tied up for of the new AW139 helicopters purchased for the service or repair work; and if he will make a state- Air Corps will reduce the demand on the CASA ment on the matter. [2633/07] for air ambulance missions in the future, and therefore increase the capacity for maritime 268. Mr. Kehoe asked the Minister for Defence patrols. the number of nautical miles of waters currently The Government is committed to continuous patrolled by the Naval Service; and if he will investment in the equipment needs of the Naval make a statement on the matter. [2634/07] Service to enable it to carry out the roles assigned to it. A vessel replacement strategy for the Naval Minister for Defence (Mr. O’Dea): I propose Service is currently under examination in my to take Questions Nos. 260, 261, 264, 267 and Department and I expect proposals will be sub- 268 together. mitted to me for decision in the coming weeks. The Naval Service provides the maritime The vessel replacement strategy, combined with a element of the Defence Forces and has a general continuous process of refurbishment, ensures that responsibility to meet contingent and actual mari- the operational capability of the Naval Service is time defence requirements. The Naval Service maintained at a very high level. The question of operates eight general-purpose patrol ships. All an extension of the State’s continental shelf, eight ships are involved in coastal and offshore which may lead to additional requirements on the patrolling and surveillance for the State in that services provided by the Naval Service, is primar- part of the seas where State jurisdiction applies ily a matter for the Department of Foreign such as Internal Waters, Territorial Sea and the Affairs and the Department of Communications, Irish Sector of the Exclusive Economic Zone. Marine & Natural Resources. The issue will be The Naval Service provides a fishery protection kept under review with these Departments to service in accordance with the State’s obligations ensure that the requirements for any additional as a member of the European Union. The Service Naval Service inputs will be factored into the is tasked with patrolling all Irish waters from the overall planning process in each Department. shoreline to the outer limits of the Exclusive Fish- With regard to the Deputy’s question concern- ery Limits. At present, fishery protection activity ing the shortest response time for a naval vessel accounts for roughly 90% of all Naval Service to reach the Suir Estuary from the naval base at patrol time. However, as the need arises, Naval Haulbowline, I am advised that the distance from Service vessels may be deployed to other duties Cobh Harbour to Waterford Harbour is approxi- 1471 Questions— 1 February 2007. Written Answers 1472

[Mr. O’Dea.] AW 139 helicopters are scheduled for delivery mately 60 nautical miles. A ship steaming at 15 in 2008. knots would take four hours to travel this dis- tance in normal weather conditions. However, Type and Age of Air Corps Helicopters in Operation Service the actual time it would take a ship to travel this Aircraft Type Number in Service Age distance is very dependent on weather conditions Helicopters and the state of the tide. Adverse weather con- ditions can dramatically reduce the safe speed of Alouette 7 33 to 44 years a ship. Squirrel* 1 10 years EC 135* 1 5 years Overseas Missions. EC135 2 1 year 262. Mr. Kehoe asked the Minister for Defence #AW 139 2 under 1 year the amount his Department has spent since June 1997 in chartering aircraft to transport equipment Total 13 or personnel on UN missions abroad; and if he *Aircraft owned by the Department of Justice, Equality and will make a statement on the matter. [2627/07] Law Reform but operated by the Air Corps. #Four AW 139s to be delivered — two in 2007, two in 2008. Minister for Defence (Mr. O’Dea): The char- tering of aircraft by the Defence Forces for the deployment of personnel and equipment to UN Question No. 264 answered with Question missions did not commence until October 1999. No. 260. Prior to that date, aircraft were chartered by the United Nations and made available to Ireland on 265. Mr. Kehoe asked the Minister for Defence a direct provisioning basis in order to effect the average age of fixed wing training aircraft Defence Forces deployment, sustainment and available to the Air Corps; and if he will make a statement on the matter. [2631/07] withdrawal of its personnel and equipment. The cost to the Defence Vote of aircraft char- Minister for Defence (Mr. O’Dea): There are ter to UN missions (deployment, sustainment and a total of 19 fixed wing aircraft in service with the withdrawal of personnel and equipment) from Air Corps at present. The type and age of the 1999 to 2006 inclusive was as follows: aircraft is set out in the following tabular statement. Year \ Type and Age of Air Corps Fixed Wing Aircraft in Operational Service 1999 432,193 2000 681,659 Aircraft Type Number in Service Years 2001 1,018,330 Fixed Wing 2002 551,965 2003 582,760 Cessna 5 35 years Beechcraft 1 27 years 2004 1,482,660 GIV 1 16 years 2005 1,550,001 Casa 2 13 years 2006 1,891,768 Defender* 1 10 years Learjet 1 4 years Ireland is entitled to and does recoup from the UN the costs of deployment and rotation flights, Pilatus 8 3 years included in the above figures, within limits agreed Total 19 in advance with that body. *Aircraft owned by the Department of Justice, Equality and Law Reform but operated by the Air Corps. Air Corps Equipment. 263. Mr. Kehoe asked the Minister for Defence the average age of helicopters available to the Air 266. Mr. Kehoe asked the Minister for Defence Corps; and if he will make a statement on the if he will make a statement on the air defence matter. [2629/07] capabilities of the Air Corps; and if he will make a statement on the matter. [2632/07] Minister for Defence (Mr. O’Dea): There are a total of 13 helicopters in service with the Air Minister for Defence (Mr. O’Dea): The Pilatus Corps at present. The type and age of the helicop- PC9M trainer aircraft operated by the Air Corps ters is set out in the attached tabular statement. has a limited air defensive capability appropriate In addition to those listed on the schedule, two to its turbo prop flight envelope. While it is not AW 139 helicopters will be delivered to Baldon- an interceptor aircraft, it could catch and inter- nel within the first half of this year. A further two cept certain aircraft. Each aircraft has the capa- 1473 Questions— 1 February 2007. Written Answers 1474 bility to be fitted with two point 5 machine guns Parliamentary Questions. and two rocket launchers. 271. Mr. Connolly asked the Minister for In addition to the Air Corps capabilities the Defence the number of parliamentary questions Defence Forces have a range of air defence capa- replied to by his Department in 2006; the cost bilities. These air defence assets are related to the involved; and if he will make a statement on the level of threat. matter. [3238/07] The main Radar capability of the Defence Forces used for the purpose of Air Defence is the Minister for Defence (Mr. O’Dea): The Flycatcher Radar System. This equipment was number of Parliamentary Questions replied to by procured in 2002 from the Dutch Armed Forces. my Department in 2006 was 977. It is not possible It is used to carry out the Target Acquisition and to quantify the costs of answering these PQs. Fire Control of the Bofors EL70 40 mm Air Defence Guns. Each radar unit is capable of con- trolling 3 Guns and its purpose is to provide an Defence Forces Strength. effective defence against airborne threats flying 272. Mr. Durkan asked the Minister for at low and very low level. The system has an Defence the strength of the Defence Forces by operational range of up to 20 km. A crew of two rank and gender; if increases are contemplated; or three operates the system. The complete and if he will make a statement on the matter. Radar weighs about 6000 kg and is carried on a [3273/07] two-axle trailer. There are eight (8) of these rad- ars in service with the Defence Forces. The Minister for Defence (Mr. O’Dea): The system is normally deployed for VIP visits, tran- strength of the Permanent Defence Force on 31 sits and summits. December 2006, the latest date for which detailed The other main radar capability, also used for figures are available, as advised by the military Air Defence, is the Giraffe G40 Radar; the authorities was 10,479. A detailed breakdown of Defence Forces have one system in service. This the numbers in the Army, Naval Service and Air equipment was procured new from Ericssons of Corps by rank and gender are in the form of a Sweden in 1986. It is used to exercise command Tabular Statement attached. The Tabular State- and control over RBS 70 Surface to Air Missile ment also provides the comparable details for the Firing Units when deployed. It has an operational Army Reserve and the Naval Service Reserve. surveillance range of up to 40 km and an altitude The White Paper on Defence of February 2000 ceiling of 15 km. It can be used to exercise com- set out a figure of 10,500 personnel for the Per- mand and control on up to 9 RBS 70 missile Fir- manent Defence Force, comprising 930 for the ing Units. Air Corps, 1,144 for the Naval Service and 8,426 The Equipment has a crew of 4 (Commander, for the Army. It is my intention to maintain the Radar Operator, and two operators), and is established Government policy of ongoing mounted on a 6X6 MAN Truck. It is deployed recruitment to the Defence Forces. Recruitment regularly for VIP Visits/Transits and summits. into the Permanent Defence Force will continue to maintain the strength at the level set out in the Questions Nos. 267 and 268 answered with White Paper as required to meet military needs. Question No. 260. The Defence Forces continue to have a proactive approach to all aspects of recruiting. Question No. 269 answered with Question The Permanent Defence Force manages recruit No. 18. intakes to keep its annualised monthly average strength at or around 10,500. The strength of the National Development Plan. Permanent Defence Force as at 31 December in 270. Mr. Kehoe asked the Minister for Defence the years 2003, 2004 and 2005 respectively was the projects that were targeted in the last 10,498, 10,551 and 10,446. National Development Plan in County Wexford; There is a planned total Permanent Defence the breakdown of each one completed or the Force intake of 670 personnel (Cadets, Appren- stage that each project is at; the overspend envis- tices and General Enlistment) before the end of aged and an explanation for each; and if he will 2007. make a statement on the matter. [3139/07] The strength of the Reserve Defence Force was 9,264 as at 30 November 2006, the last date for Minister for Defence (Mr. O’Dea): No funds which figures are available. This figure comprises were made available to my Department under the 8,893 in the Army Reserve and 371 in the Naval current or previous National Development Plan. Service Reserve. 1475 Questions— 1 February 2007. Written Answers 1476

[Mr. O’Dea.]

STRENGTH OF THE DEFENCE FORCES 31 DECEMBER, 2006

Permanent Defence Force

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total Ptes Cadets Total Gen Gen Gen Col Offrs NCOS

Army 1 2 6 39 127 325 293 267 1,060 32 38 135 243 1,024 1,558 3,030 4,371 71 8,532

Air Corps 00121430533613673501212718438332026865

Naval Service 001212464756164677816203196506397151,082

Reserve Defence Force

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total Ptes Cadets Total Gen Gen Gen Col Offrs NCOS

*Army 000049719536466020201161028571,378 2,493 5,740 0 8,893 Reserve

*Naval 000003101124041312334752720371 Reserve

*Note figures for Army Reserve and Naval Service Reserve are as at 30 November, 2006.

STRENGTH OF FEMALES IN THE DEFENCE FORCES 31 DECEMBER, 2006

Permanent Defence Force

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total Ptes Cadets Total Gen Gen Gen Col Offrs NCOS

Army 00001144341990031151041232249455

Air Corps 00000022400101111314132

Naval Service 00000081018000007738669

Reserve Defence Force

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total Ptes Cadets Total Gen Gen Gen Col Offrs NCOS

*Army Reserve 000000054540012653484161,828 0 2,298

*Naval Reserve 0000000110000189930103

* Note figures for Army Reserve and Naval Service Reserve are as at 30 November, 2006.

STRENGTH OF MALES IN THE DEFENCE FORCES 31 DECEMBER, 2006

Permanent Defence Force

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total Ptes Cadets Total Gen Gen Gen Col Offrs NCOS

Army 1 2 6 39 126 311 250 226 961 32 38 132 242 1,009 1,454 2,907 4,147 62 8,077

Air Corps 00121430513413273491212617337030625833

Naval Service 00121246394614667781620318949935991,013 1477 Questions— 1 February 2007. Written Answers 1478

Reserve Defence Force

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total Ptes Cadets Total Gen Gen Gen Col Offrs NCOS

*Army 000049719531060620201151007921,030 2,077 3,912 0 6,595 Reserve

*Naval Reserve 000003101023041312226661790268

Note: figures for Army Reserve and Naval Service Reserve are as at 30 November, 2006.

Defence Forces Equipment. Question No. 273 answered with Question 278. Mr. Durkan asked the Minister for No. 45. Defence if all members of the Defence Forces have been issued with the necessary breathing apparatus in the event of a gas or chemical attack; Defence Forces Equipment. and if he will make a statement on the matter. 274. Mr. Durkan asked the Minister for [3279/07] Defence the extent to which military equipment including weapons, vehicles, aircraft and sea- 279. Mr. Durkan asked the Minister for going vessels have been upgraded in line with Defence if he has satisfied himself that the stan- modern requirements; and if he will make a state- dard issue of body protection equipment is up to ment on the matter. [3275/07] the best international standard; and if he will make a statement on the matter. [3280/07] Minister for Defence (Mr. O’Dea): The acquis- Minister for Defence (Mr. O’Dea): I propose ition of new equipment for the Defence Forces to take Questions Nos. 278 and 279 together. continues to be a key focus for me as Minister for The Defence Forces have available to them Defence. I am aware that significant investment equipment for monitoring and protecting their has taken place in recent years and I will continue members in dealing with Nuclear, Biological or the good work in that regard. Chemical (NBC) threats should such arise. They The unprecedented level of expenditure on hold an extensive range of modern NBC equip- equipment for the Army, Air Corps and Naval ment that meets their current requirements. This Service was made possible by the Government’s range includes approximately 9,500 NBC suits. In decision that pay savings arising from the reor- addition, the Defence Forces has sufficient stock ganisation of the Defence Forces set out in the of Respirators for each individual soldier. They White Paper of 2000, along with proceeds from also have 98 of the most technologically up to the sale of surplus properties, would be reallo- date Chemical Agent Monitors and Defence cated for investment in modern facilities and Forces personnel have been trained on their equipment. operation. Other equipment on hands includes Investment in new equipment for the Defence Biological Agent Detector and Screening Kits, Forces is provided for under various Subheads of Group Decontamination Equipment and Per- the Defence Vote relating to defensive equip- sonal Decontamination Equipment. ment, mechanical transport, aircraft, ships and The requirement for additional NBC equip- naval stores, engineering, communications and ment is kept under continuous review by the Information Technology equipment etc. All Defence Forces. A programme for the purchase elements of the Defence Forces, the Army, Air of NBC equipment is ongoing and whatever Corps, Naval Service and the Reserve have ben- equipment deemed necessary is purchased efited from the investment in new equipment. expeditiously to meet the changing requirements. The equipment issued to the Defence Forces is On the issue of body armour, 8000 units of in keeping with the most modern requirements body armour for the individual soldier on oper- and the highest international standards. The ational duties were delivered in 2006. The new ongoing investment in the Defence Forces will body armour provides significantly greater pro- tection, comfort and coverage than the old model ensure that this remains to be the case. as well as a doubling of the range of sizes available. Question No. 275 answered with Question No. 63. Question No. 280 answered with Question No. 45. Question No. 276 answered with Question No. 15. Military Installations. Question No. 277 answered with Question 281. Mr. Durkan asked the Minister for No. 63. Defence the extent to which the military instal- 1479 Questions— 1 February 2007. Written Answers 1480

[Mr. Durkan.] 19.218 acres at the former Fitzgerald Camp, lations decommissioned in 1998 have to date been Fermoy, was sold to Cork County Council in 2001 disposed of; the total receipts from same; the for \0.974 million for economic development of costs incurred in the interim; the proposals in the site in conjunction with the IDA. respect of the balance; and if he will make a state- Castleblayney Military Post, Co. Monaghan, ment on the matter. [3281/07] comprising c. 10 acres, was sold to the North Eastern Health Board for \0.762 million in 2002. 7 acres at Devoy Barracks, Naas, Co. Kildare, Minister for Defence (Mr. O’Dea): The were ceded free of charge to Naas Urban District Government, on 15 July 1998, approved a prog- Council, while a further 14 acres were sold to that ramme of evacuation and sale of six barracks con- authority for \8.888 million The balance of the sidered surplus to military requirements. The bar- Barracks lands — one acre — was sold to Kildare racks in question were located at Ballincollig, County Council for \0.381 million in 2002. Fermoy, Castleblayney, Naas, Kildare, and Clancy Barracks, Dublin, comprising 13.65 Islandbridge, Dublin. acres approximately, was sold to Florence \ The sale of 97 acres approximately at Murphy Properties Ltd. for 25.4 million in 2004. Barracks, Ballincollig was completed in 2003 for The value of sales/disposals completed to date, a total of \42 million. The bulk of the lands were in respect of the six barracks the subject of the July 1998 Government decision is in the region of purchased by O’Flynn Construction. The sale of \ a site comprising c. 2.7 acres to the Southern 80 million The Government decided on 1st July 2003 that Health Board for \1.73 million was completed in Magee Barracks, Kildare, would be among the December 2004 and the sale of a further site com- State lands released for inclusion in the Sustain- prising c.1.7 acres to the HSE South for a con- \ ing Progress Affordable Housing Initiative. How sideration of 1.1 million approximately is near- land at this location might play a role in the deliv- ing completion. A half acre site is being ery of affordable housing units is a matter in the transferred to the Office of Public Works (OPW) first instance for the Department of the Envir- \ for a consideration of 1.45 million to facilitate onment, Heritage and Local Government, which extension of the existing Garda Station located is the lead Department for the development of on Main Street, Ballincollig. It was agreed at the the Affordable Housing Initiative. The legal for- time of the closure and sale of Murphy Barracks malities relating to the transfer of lands at this that an area comprising approximately 27 acres location are being progressed in consultation with of the property would be transferred to Cork that Department and the Chief State Solicitor’s County Council for community use. The legal for- Office. malities in regard to the transfer of this area are The security, maintenance, consultancy and being progressed in consultation with the Chief other costs in respect of those Barracks identified State Solicitor’s Office. for closure in 1998 are as follows:

Security Maintenance & Other Costs

\\

Murphy Barracks, Ballincollig # 1,120,604 257,113* Fitzgerald Camp, Fermoy # 330,813 42,633 Castleblayney Military Post # 131,289 10,548 Devoy Barracks, Naas # 472,654 16,959 Magee Barracks, Kildare 183,941 15,677 Clancy Barracks, Dublin # 649,441 203,089 # Now sold or no longer in the administration of my Department (no further costs will be incurred by the Department of Defence). * Includes costs relating to the preparation of an Integrated Area Action Plan.

existing regulations all of which are listed in Statutory Instruments. Appendix 1. Regulations made pursuant to sections 17, 21, 282. Mr. J. O’Keeffe asked the Minister for 22, 23, 25, 26, 27, 29, 40, 43, 45, 46, 47, 48, 49, 53, Defence the title of each statutory instrument 56, 58, 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 72, 73, which he made during 2006 and which was not published in the usual way pursuant to section 3 75, 80, 81, 82, 84, 86, 87, 88, 90, 92, 93, 94, 97, 98, of the Statutory Instruments Act 1947; and if he 100, 102, 103, 114, 115, 116, 117, 180, 182, 184, will make a statement on the matter. [3296/07] 243, 244, 246 and 292 of the Defence Act 1954, (as amended) and sections 2 and 5 of the Defence Minister for Defence (Mr. O’Dea): In 2006 I (Amendment) Act 1990 are exempt from the signed into effect two new Defence Force Regu- operation of subsection (1) of section 3 of the lations together with amendments to various Statutory Instruments Act 1947 by order of the 1481 Questions— 1 February 2007. Written Answers 1482

Attorney General due to their limited ments Act 1947 and therefore were not distrib- application. uted, printed or published, in the usual way pur- All regulations and amendments thereto signed suant to section 3(1) of the Act. However, copies into effect in 2006 were made pursuant to sections of each amendment and regulation are readily of the Defence Acts which are exempt from the available from the Legislation Branch in my provisions of section 3(1) of the Statutory Instru- Department.

Appendix 1

Defence Force Regulations and Amendments signed by the Minister for Defence in 2006 Defence Force Regulations L.3 — a new regulation Defence Force Regulation S.7 — a revised and updated regulation Defence Force Regulations 1/2006 — Promotion of an Officer of the Permanent Defence Force Defence Force Regulations 2/2006 — Date of Retirement Amendments Nos 156, 157 & 158 to Defence Force Regulations A.10 Amendments Nos 17 & 18 to Defence Force Regulations A.14 Amendment No 129 to Defence Force Regulations A.15 Amendment No 23 to Defence Force Regulations C.S.6 Amendment No 53 to Defence Force Regulations Q.10 Amendment No 118 to Defence Force Regulations R.1 Amendment No 95 to Defence Force Regulations R.2 Amendments Nos 2 to 5 to Defence Force Regulations R.5 (New Series) Amendments Nos 314 to 331 to Defence Force Regulations S.3 Amendments Nos 1 & 2 to Defence Force Regulations S.6.

Regional Road Network. works at Ballylennon Cross, which was number 10 in the Council’s priority list. Nine of the appli- 283. Mr. Kehoe asked the Minister for the cations submitted by the Council received grants Environment, Heritage and Local Government if totalling \140,500 in 2007 but, in view of the his Department has received an application form Council’s priority list, these did not include Bally- Carlow County Council to undertake improve- lennon Cross. ment works at Ballylennon Cross, Palatine Road, It is open to the Council to fund eligible works Carlow, which is a known accident blackspot; and at this location from its Discretionary Improve- when he expects a decision on same. [1164/07] ment Grant allocation provided by my Depart- ment. In 2007, the Council received an allocation Minister for the Environment, Heritage and of \324,000 for Discretionary Improvement Local Government (Mr. Roche): The mainten- works. ance and improvement of non-national roads in County Carlow is a matter for Carlow County Council to be funded from its own resources sup- Waste Management. plemented by State grants provided by my 284. Mr. Kehoe asked the Minister for the Department. Environment, Heritage and Local Government The Low Cost Safety Improvement Works the number of tons of farm plastic on which levies scheme of grants for non-national roads was were paid in 2006; the number of tons of plastic introduced by my Department in 2000 as an collected by authorised collectors in 2006; and if extension of the scheme operated on national he will make a statement on the matter. roads under the auspices of the National Roads [2643/07] Authority (NRA). The NRA assesses appli- cations for grant assistance under the non- Minister for the Environment, Heritage and national roads scheme on behalf of my Depart- Local Government (Mr. Roche): The information ment. The criteria for grant approval are based requested is not yet available in my Department. on accident data, inspection of sites, locations Under the Waste Management (Farm Plastics) showing demonstrable hazard and discussions Regulations 2001, producers — i.e. manufacturers between the local authority and the NRA. In and importers — of farm plastics (silage bale 2007, my Department allocated over \7.8 million wrap and sheeting) are required to take steps to to local authorities in respect of Low Cost Safety recover farm plastics waste which they have Improvement Works on non-national roads placed on the market or alternatively to contrib- which is more than double the 2006 allocation. ute to, and participate in, compliance schemes to Carlow County Council submitted ten appli- recover the waste in question. The Irish Farm cations to my Department for consideration for Film Producers Group (IFFPG) — which com- funding under this scheme in 2007. Among their prises membership of film manufacturers and submission was an application for funding for importers — is a non-profit making company and 1483 Questions— 1 February 2007. Written Answers 1484

[Mr. Roche.] date is that it is not possible to operate collections is at present the sole approved body in Ireland in a large number of counties at the same time for the purposes of implementing a compliance due to capacity constraints on the part of recov- scheme for the recovery of farm plastics waste. ery operators. Accordingly, it is necessary to roll The scheme funds its operations by means of out the scheme to other areas on a staggered an Environmental Protection Contribution basis. Announcements regarding further exten- (EPC) levy of \127 per tonne which is included sions of collections to other areas will follow com- in the sale price of the product down through the pletion of collections in those counties taking part trading chain. The EPC levies collected are trans- in the second phase of the scheme. ferred to the IFFPG for the purpose of con- tracting collection agents on a nationwide basis to Control of Dogs. collect waste silage wrap, before transporting it for recycling to appropriate reprocessing plants. 285. Mr. Kehoe asked the Minister for the The EPC levy is set by the IFFPG with a view to Environment, Heritage and Local Government covering its operational costs and manufacturers his views on introducing compulsory micro chips / importers are audited at year-end to ensure all for all dogs to reduce the huge number of stray levy liability has been fully declared. dogs; and if he will make a statement on the The latest available data from IFFPG relates to matter. [2644/07] 2005 and indicates that over 12,500 tonnes of farm film and bale wrap were collected for Minister for the Environment, Heritage and recycling. This equates to approximately 95% of Local Government (Mr. Roche): The Control of the material placed on the market in that year. Dogs Regulations 1998 require the owner or In spite of the successful operation of the other person in charge of a dog to ensure that the scheme in recent years, it became apparent that dog at all times wears a collar bearing the name the Scheme lacked sufficient resources to satisfy and address of the owner on an attached plate, the demand that existed for collections of farm badge or disc. The regulations contain penalties plastics, and backlogs of uncollected material for non-compliance with this requirement or for began to accumulate. Therefore, following dis- defacing or rendering illegible the above part- cussions with the IFFPG, farming organisations iculars. These requirements followed consider- and local authorities, I announced amendments ation of all practicable options for ensuring last year to the scheme to support improved identification of dogs, including that of micro- services to farmers. Under the new arrangements, chipping. I am now arranging for a review of the scheme is funded by a combination of the those provisions in the light of experience, and existing levies paid by the producer members of having regard in particular to the ten breeds of IFFPG who run the scheme and funding from dog which are subject to muzzling and other weight based collection charges paid by farmers additional requirements under the above-men- availing of the service. This is improving the oper- tioned regulations. ational efficiency of the scheme by incentivising the presentation of clean, dry plastic by farmers. Election Management System. I am confident that in due course, the enhance- ments made to the scheme will support the 286. Mr. Kehoe asked the Minister for the achievement of higher recovery rates for farm Environment, Heritage and Local Government plastic and an improved service for farmers. the person who decides where the general elec- Special arrangements have also been put in tion count is held in any particular constituency; place by local authorities to deal with accumu- if the public and public representatives are lated backlogs. In 2006, designated facilities were entitled to make representations to that person provided on a temporary, once-off basis where regarding possible suitable venues; if in the case farmers could deposit stockpiled farm film plastic of a venue being selected that is not suitable, it is and silage wrap. This arrangement operated on a possible to overturn this decision; if, in the case pilot basis in the first instance in counties Galway, of a constituency that takes in two counties there Clare, Mayo, Offaly and Waterford during June is any reason that the count should not be alter- and July of last year. More recently further col- nated between the two counties. [2645/07] lections have been taking place in Leitrim, Roscommon, Carlow, Longford, North Tipperary Minister for the Environment, Heritage and and Wicklow. This service is free to the farmer Local Government (Mr. Roche): Under electoral and funding to assist the local authorities is being law, returning officers are responsible for all made available from my Department through the matters in connection with the conduct of elec- Environment Fund. tions in the constituencies concerned. The The collections were well supported by farmers detailed arrangements for the counting of votes in the counties participating in the pilot phase in Da´il elections are set out in Part 18 of the Elec- leading to large quantities of plastic being toral Act 1992, by the returning officers including deposited at designated sites. A significant find- in relation to the selection of count centres in ing from the operation of the pilot collections to accordance with section 112 of the Act. 1485 Questions— 1 February 2007. Written Answers 1486

Crop Irrigation. applying to washing machines. However, the Waste Management (Restriction of Certain Haz- 287. Mr. Kehoe asked the Minister for the ardous Substances in Electrical and Electronic Environment, Heritage and Local Government Equipment) Regulations 2005 which transpose the plans he has for the irrigation of food crops Directive 2002/95/EC prohibits electrical and during the summer months under the Water electronic equipment, including washing Services Bill; if it will take into account the machines, that contain lead, mercury, cadmium, amount of water used for crop irrigation in dry hexavalent chromium, polybrominated biphenyls weather; and if he will make a statement on the (PBB) or polybrominated diphenyl ethers matter. [2646/07] (PBDE) from being placed on the Community Minister for the Environment, Heritage and Market with the exception of exemptions listed in Local Government (Mr. Roche): Section 56 of the Annex to the Directive. the Water Services Bill 2003, which is awaiting Dail Report Stage, enables a water services auth- Waste Management. ority (county or city council), where it is of the 291. Mr. Ring asked the Minister for the Envir- opinion that a serious shortage of water for distri- onment, Heritage and Local Government if he bution exists, or is likely to exist in its functional will introduce a national waiver scheme for refuse area, to place restrictions on the use of water sup- services, in conjunction with the Department of plies during a period of such water shortage, for Social and Family Affairs specifically targeted to the purposes of water conservation. Where neces- help social welfare recipients and people on low sary, such restrictions could apply to crop irri- incomes and those who have no option but to gation, for example, by confining the activity to avail of refuse service from a private operator; evening hours in order to minimise water evapor- and if he will make a statement on the matter. ation loss. [3186/07]

National Development Plan. Minister for the Environment, Heritage and 288. Mr. Kehoe asked the Minister for the Local Government (Mr. Roche): Waste manage- Environment, Heritage and Local Government ment services have traditionally been provided at the projects that were targeted in the last national a local level, with individual arrangements being development plan in County Wexford; the break- locally determined and tailored to local circum- down of each one completed or the stage that stances. The present legal framework, as deter- each project is at; the overspend envisaged and mined by the Oireachtas, reflects this. In accord- an explanation for each; and if he will make a ance with section 52 of the Protection of the statement on the matter. [3142/07] Environment Act 2003, the determination of waste management charges, and any associated 289. Mr. Kehoe asked the Minister for the waiver scheme, is a matter for the relevant local Environment, Heritage and Local Government authority, where it acts as the service provider. the investments outlined in the last national Similarly, where a private operator provides the development plan in County Wexford; the plans collection service, it is a matter for that operator and investments that have been completed, that to determine charges. However, my Department are ongoing or did not progress from planning has asked local authorities to engage with com- stage; and if he will make a statement on the mercial waste collectors to agree on arrange- matter. [3155/07] ments to assist lower income households by offer- ing alternatives to periodic lump-sum payments. Minister for the Environment, Heritage and In August last year, I published a consultation Local Government (Mr. Roche): I propose to paper on options for future regulation of the take Questions Nos. 288 and 289 together. waste sector. Submissions were invited on The information requested is being compiled whether there is a need for a regulator for the and will be forwarded to the Deputy as soon as sector, if so on what model of regulator might be possible. most appropriate and on what powers any such regulator should be given. Among the possible EU Directives. powers discussed in the paper is the power to impose a public service obligation so that services 290. Mr. McEntee asked the Minister for the can be extended to situations which do not Environment, Heritage and Local Government provide a fully economic return. Following con- the approved national or international standards sideration of the submissions received, which is that apply to washing machines sold here; and if currently underway, I intend to finalise further he will make a statement on the matter. policy proposals. [3175/07] Laundry Detergents. Minister for the Environment, Heritage and Local Government (Mr. Roche): My Department 292. Mr. Boyle asked the Minister for the has no function in the approval of standards Environment, Heritage and Local Government if 1487 Questions— 1 February 2007. Written Answers 1488

[Mr. Boyle.] possible to householders to recycle materials his attention has been drawn to the fact that cer- without charging them for the service. [3200/07] tain popular laundry tablets for sale in supermar- kets here have 30% phosphate content; and if he Minister for the Environment, Heritage and will legislate against the use of high phosphate Local Government (Mr. Roche): Approximately contents in such products in view of the fact that 1,200 tonnes per annum of domestic recyclables algal blooms and eutrophication of water are are treated at the Kinsale Road civic amenity site huge issues here and that a number of European each year. The cost to Cork City Council for the countries have legislation requiring phosphate collection, transport and separation of these free versions of these products. [3198/07] materials prior to recycling ranges from \35 to \300 per tonne depending on the types of Minister for the Environment, Heritage and material involved. While the setting of waste Local Government (Mr. Roche): The phasing-out charges is a matter for individual local authorities, of phosphate-based laundry detergents has been it is not apparent that a nominal charge of \2 per progressed principally in the context of a volun- car for the use of the facility would contravene tary agreement made in 1999 between the then the polluter pays principle. Minister for the Environment and Local Govern- It should be noted that Cork City Council pro- ment and the Irish Cosmetics and Detergents vides a fortnightly collection for dry recyclables Association (ICDA), which represents some 90% to approximately 35,000 households and that of the domestic laundry detergents market in there are also forty free bring sites situated Ireland, and by ongoing liaison between my throughout the city. A Chem Car service is also Department and the non-ICDA sector. provided free of charge by the City Council, The agreement provided that, by end-2002, approximately six times per year, for the disposal 95% of all domestic laundry detergents marketed of hazardous waste streams such as paint, solvents in Ireland should be zero-phosphate. This target and medicines. Facilities for the disposal of was substantially achieved — figures submitted WEEE are also provided free of charge. by ICDA show a market share of between 93% and 94% for phosphate free products. A survey Housing Grants. undertaken by my Department in October 2006 in Dublin City Centre supermarkets, found that 294. Mr. G. Murphy asked the Minister for the twenty of the twenty two ICDA products con- Environment, Heritage and Local Government if tained zero phosphates. The majority of non- he will make a statement on the case of an associ- ICDA companies have also phased out the use of ation (details supplied) in County Cork; if this phosphates in their “own-brand” laundry deter- matter will be progressed; and if he will inform gents. My Department is continuing to pursue the this Deputy when this matter will be resolved. implementation of this target and the ultimate [3204/07] replacement of all phosphate based detergents by environmentally friendly alternatives. Minister of State at the Department of the The EPA Phosphorus Regulations National Environment, Heritage and Local Government Implementation Report 2005 noted that the vol- (Mr. N. Ahern): I approved a grant of \1,281,914 untary agreement with ICDA is having some in respect of this project on 16 November 2006. effect. The report states that Dublin City Council My Department’s involvement with the funding has at least partly attributed substantial schemes for voluntary and co-operative housing reductions in phosphorus levels at their monitor- projects relates primarily to the provision of ing stations to the implementation of the agree- funds for individual projects. The administration ment. A comparison of Molybdate Reactive of the schemes, and the certification that part- Phosphorus (MRP) concentrations in Ringsend icular projects comply with the terms of the influent sewage between the 1998-’99 and the scheme, are the responsibility of the local 2002-’04 periods indicates a reduction in the MRP authority. concentration from 4.6 mg/l P to 2.8 mg/l P in the catchment. I will, however, keep the need for any Planning Issues. legislative measure in this area under review. 295. Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government if Waste Management. it is possible for a person to revoke or cancel a 293. Mr. Boyle asked the Minister for the grant of planning permission or to formally notify Environment, Heritage and Local Government if the relevant local authority that they do not plan his attention has been drawn to the fact that Cork to proceed with the planning application as City Council introduced a nominal charge of \2 granted; if development charges that may have for the use of the Kinsale Road civic amenity; and been levied will be returned in view of the work his views on whether this is a perversion of the not being undertaken; and if the person will not polluter pays principle and that local authorities have to wait the full five years from grant of per- should continue to give every encouragement mission. [3255/07] 1489 Questions— 1 February 2007. Written Answers 1490

Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): There is no obli- Local Government (Mr. Roche): Licences in gation on anyone in possession of a grant of plan- respect of hunting activities are issued under ning permission to proceed with the development section 26 of the Wildlife Act, 1976, as amended. to which the permission relates. It is therefore not In considering any application for a renewal of a necessary to provide for the revocation or cancel- licence for the following season, my Department lation of a permission by a prospective developer. takes account of the level of compliance with the Development contributions are attached as licence’s conditions that has been achieved during conditions to grants of permission and are pay- the term of the previous licence. Veterinary able on or in advance of construction and are reports (prepared by the veterinary inspector generally payable, at the earliest, at the com- engaged by my Department to inspect a licensed mencement of the works. In a case where a per- activity and its operations) are also taken into son who obtained a planning permission and paid account, and where necessary, my Department a development contribution in respect of the pro- meets representatives of the applicants to review posed development subsequently informs the these matters. planning authority that he or she will not proceed The licence referred to expires on 31 March. The matters referred to in the Question will be with the development, I would expect the plan- looked into and, if appropriate, taken into ning authority to refund the development contri- account in considering any application for a bution paid, where they are satisfied that the renewal. development will not be taking place. Statutory Instruments. Local Authority Housing. 298. Mr. J. O’Keeffe asked the Minister for the 296. Mr. McGuinness asked the Minister for Environment, Heritage and Local Government the Environment, Heritage and Local Govern- the title of each statutory instrument which he ment if he will amend the sale of houses regu- made during 2006 and which was not published lations to allow local authorities to have discre- in the usual way pursuant to Section 3 of the tion in the sale of OPD type houses to tenants; Statutory Instruments Act 1947; and if he will and if he will make a statement on the matter. make a statement on the matter. [3299/07] [3230/07] Minister for the Environment, Heritage and Minister of State at the Department of the Local Government (Mr. Roche): All statutory Environment, Heritage and Local Government instruments made by my Department in 2006 (Mr. N. Ahern): It is not proposed to amend were published in accordance with the provisions article 13 of the Housing (Sale of Houses) Regu- of section 3 of the Statutory Instruments Act lations 1995 to enable a housing authority to sell 1947. Old Persons Dwellings. I consider that this course would not be in the best interests of good estate Planning Gain. management and could, over time, reduce the 299. Mr. Wall asked the Minister for the Envir- number of dwellings available for occupation by onment, Heritage and Local Government the elderly persons. guidelines that an urban or county council must However, where a tenant who is residing in adhere to when determining community gain; if it such a dwelling request the local authority to is within the remit of the councillors or if it is by allow them to purchase a suitable alternative managerial order that community gain must be local authority dwelling, the local authority may determined; if it is within the remit of councillors subject to availability and at its discretion, facili- to accept a change in regard to community gain tate this transfer and allow tenant purchase dis- or if it is by managerial order that such changes counts to be applied. would be accepted; and if he will make a state- ment on the matter. [3311/07] Hunt Licences. Minister for the Environment, Heritage and 297. Mr. Gregory asked the Minister for the Local Government (Mr. Roche): Planning gain or Environment, Heritage and Local Government community gain can arise in a variety of ways, the steps he is taking following the treatment of including in the course of decisions by the new a deer by stag hounds at a school (details Strategic Infrastructure Division of An Bord supplied) in County Meath; if he will suspend the Pleana´la and under planning permissions granted licence to a group to prevent further mistreat- by local authorities. The concept is generally ment of deer; if he will establish the full facts of taken to refer to provisions to be made by devel- the cruelty perpetrated against the deer and take opers which are not strictly integral to a develop- appropriate action; and if he will make a state- ment, but which are of benefit to the community ment on the matter. [3270/07] (e.g. transfer of specified land or buildings for 1491 Questions— 1 February 2007. Written Answers 1492

[Mr. Roche.] Local Electoral Boundaries. public use) and may be accepted as part of a per- 301. Mr. Ring asked the Minister for the Envir- mitted development. onment, Heritage and Local Government when a In so far as planning authorities are concerned, review of the county council electoral area my Department’s Draft Development Manage- boundaries will be held. [3329/07] ment Guidelines for Planning Authorities, which will shortly be issued in final form, set out policy Minister for the Environment, Heritage and in relation to planning gain. While community Local Government (Mr. Roche): Unlike for Da´il gain may be validly targeted by planning auth- constituencies, there are no constitutional or orities, it is also important to ensure that the statutory requirements in relation to the fre- decision to grant or refuse planning permission is quency of local electoral area reviews. The last not itself contingent on an offer of planning gain. review of local electoral areas was carried out in Planning gain arises directly in relation to the 1998. The June 2004 local elections took place on grant of a planning permission, which is normally the basis of the existing local electoral areas. an executive (managerial) function. However, it The next local elections are due to take place would also be good practice for a planning auth- in 2009. Consideration can be given to reviewing ority to set out its policy in this regard in the the local electoral areas in the light of the final development plan adopted by the elected results from Census 2006 when they become members. available and other relevant factors.

Local Authority Housing. Local Authority Funding. 300. Mr. Penrose asked the Minister for the 302. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the number of houses which will be refurbished the amount he allocated in 2006 by town, to town under the scheme of refurbishment being carried councils that were former town commissioners; out at an estate (details supplied) in County when allocations will be made in 2007; his views Westmeath; if it is the intention to refurbish all on other similar initiatives; and if he will make a the houses; if not, if he will ensure that the total statement on the matter. [3359/07] number of houses in this scheme are refurbished; and if he will make a statement on the matter. Minister for the Environment, Heritage and [3328/07] Local Government (Mr. Roche): In 2005, I intro- duced a special grant for the provision and Minister of State at the Department of the improvement of footpaths in town council areas Environment, Heritage and Local Government which were former town commissioners. These (Mr. N. Ahern): Under my Department’s grants are paid to the county council who are Remedial Works Scheme, Westmeath County road authorities for the area. The grants allocated Council submitted a programme of refurbishment in 2006 and 2007 are outlined in the table below. 2 works for local authority houses at Ennell Court. The grants fund 3 of the cost of works with county My Department gave approval in May 2005 for councils providing the balance. a pilot project in Ennell Court which consists of More generally, town councils which were for- refurbishment works to 10 houses. It is now a mally town commissioners are financed through matter for the Council to advance these works the imposition of town charges which are col- and thereafter to submit a proposal in respect of lected by the county council in whose area the further works. town council is situated.

Grants for footpaths in former Town Commissioner areas

County Council Town Council 2006 Allocation 2007 Allocation

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Carlow Muinebheag 20,000 30,000 Cavan Belturbet 19,266 15,866 Cootehill 20,000 40,000 Clare Kilkee 61,333 63,333 Shannon 34,460 56,200 Cork Bandon 78,667 54,000 Bantry 18,000 18,000 Passage West 50,000 57,334 Donegal Ballyshannon 10,667 16,667 Fingal Balbriggan 120,000 119,999 1493 Questions— 1 February 2007. Written Answers 1494

County Council Town Council 2006 Allocation 2007 Allocation

\\ Galway Loughrea 73,092 68,967 Tuam 77,934 64,275 Kildare Droichead Nua 66,667 66,667 Leixlip 66,333 66,667 Laois Mountmellick 24,333 36,000 Portlaoise 66,667 183,332 Longford Granard 10,567 15,720 Louth Ardee 9,633 42,000 Monaghan Ballybay 22,000 30,000 Offaly Edenderry 63,333 322,667 Roscommon Boyle 25,300 11,550 Waterford Lismore 40,000 30,000 Tramore 60,268 74,333 Westmeath Mullingar 57,171 107,410 Wexford Gorey 55,833 75,600 Wicklow Greystones 176,667 313,333

Total 1,328,191 1,979,920

303. Ms C. Murphy asked the Minister for the 2007, I announced the 2007 grant allocation for Environment, Heritage and Local Government non-national roads, which at over \607.5 million the amount allocated to local authorities for represents an increase of 9%, or almost \50 mil- maintenance of non-national roads in 2006 by lion, on the 2006 allocation. authority; when allocations will be made in 2007; Details of the specific 2006 maintenance grant the way this compares with the amounts allocated payments and the 2007 maintenance grant allo- by councils themselves; and if he will make a cations to county councils are given in the follow- statement on the matter. [3365/07] ing table below.

Minister for the Environment, Heritage and Local Government (Mr. Roche): On 18 January,

County Councils Total 2006 Maintenance Grant Total 2007 Maintenance Grant Payments Allocations

\\

Carlow County Council 1,344,000 1,432,000 Cavan County Council 3,351,000 3,572,000 Clare County Council 4,591,000 4,895,000 Cork County Council 13,486,000 14,377,000 Donegal County Council 7,016,000 7,480,000 Dun Laoghaire/RathdownCounty Council 1,518,000 1,619,000 Fingal County Council 1,786,000 1,904,000 Galway County Council 6,945,877 7,543,000 Kerry County Council 4,922,000 5,247,000 Kildare County Council 2,435,000 2,596,000 Kilkenny County Council 3,320,000 3,539,000 Laois County Council 2,298,000 2,450,000 Leitrim County Council 2,392,000 2,551,000 Limerick County Council 3,966,000 4,228,000 Longford County Council 1,618,220 1,821,000 Louth County Council 1,336,000 1,425,000 Mayo County Council 6,848,000 7,302,000 Meath County Council 3,408,000 3,634,000 Monaghan County Council 2,891,155 2,948,000 North Tipperary County Council 2,710,885 3,019,000 1495 Questions— 1 February 2007. Written Answers 1496

[Mr. Roche.]

County Councils Total 2006 Maintenance Grant Total 2007 Maintenance Grant Payments Allocations

\\ Offaly County Council 2,263,000 2,413,000 Roscommon County Council 4,335,000 4,622,000 Sligo County Council 2,911,645 3,104,000 South Dublin County Council 1,095,935 1,475,000 South Tipperary County Council 3,187,000 3,399,000 Waterford County Council 2,862,000 3,052,000 Westmeath County Council 2,325,927 2,488,000 Wexford County Council 3,714,000 3,960,000 Wicklow County Council 2,312,000 2,465,000

Total 103,189,644 110,560,000

Annual Block Grants are allocated to City, Bor- the conditions contained in my Department’s ough and Town Councils for the improvement Memorandum on Grants for Non-National and maintenance of non-national roads in their Roads, 2001, and a breakdown of expenditure areas. Special Block Grants for non-national between improvement and maintenance works is roads, which must be used for the restoration of not available. Details of the 2006 block grant and footpaths and carriageways, are also allocated special block grant payments and the 2007 block annually to urban authorities. The selection of grant and special block grant allocations to urban works to be funded from these grant allocations authorities are given in the following table. is a matter for individual authorities, subject to

City Councils Total 2006 Block and Special Total 2007 Block and Special Block Grants Block Grant Allocations

\\

Cork City Council 3,998,000 4,120,000 Dublin City Council 6,265,000 6,460,000 Galway City Council 1,186,206 1,235,000 Limerick City Council 1,198,000 1,235,000 Waterford City Council 1,100,289 1,235,000

Borough Councils Clonmel Borough Council 563,000 581,000 Drogheda Borough Council 606,000 624,000 Kilkenny Borough Council 561,000 605,000 Sligo Borough Council 587,000 605,000 Wexford Borough Council 654,686 581,000

Town Councils Arklow Town Council 279,000 287,000 Athlone Town Council 563,000 581,000 Athy Town Council 279,000 287,000 Ballina Town Council 279,000 287,000 Ballinasloe Town Council 279,000 287,000 Birr Town Council 279,000 287,000 Bray Town Council 606,000 624,000 Buncrana Town Council 279,000 287,000 Bundoran Town Council 197,000 204,000 Carlow Town Council 587,000 605,000 Carrickmacross Town Council 197,000 204,000 Carrick-on-Suir Town Co 279,000 287,000 Cashel Town Council 197,000 204,000 Castlebar Town Council 279,000 287,000 1497 Questions— 1 February 2007. Written Answers 1498

City Councils Total 2006 Block and Special Total 2007 Block and Special Block Grants Block Grant Allocations

\\ Castleblayney Town Council 197,000 204,000 Cavan Town Council 279,000 287,000 Ceannanus Mor Town Council 279,000 287,000 Clonakilty Town Council 196,709 204,000 Clones Town Council 197,000 204,000 Cobh Town Council 261,683 287,000 Dundalk Town Council 606,000 624,000 Dungarvan Town Council 279,000 287,000 Ennis Town Council 587,000 605,000 Enniscorthy Town Council 279,000 287,000 Fermoy Town Council 279,000 287,000 Killarney Town Council 279,000 287,000 Kilrush Town Council 197,000 204,000 Kinsale Town Council 197,000 204,000 Letterkenny Town Council 563,000 581,000 Listowel Town Council 197,000 204,000 Longford Town Council 279,000 287,000 Macroom Town Council 197,000 204,000 Mallow Town Council 279,000 287,000 Midleton Town Council 279,000 287,000 Monaghan Town Council 279,000 287,000 Naas Town Council 587,000 605,000 Navan Town Council 587,000 605,000 Nenagh Town Council 279,000 287,000 New Ross Town Council 279,000 287,000 Skibbereen Town Council 197,000 204,000 Templemore Town Council 197,000 204,000 Thurles Town Council 279,000 287,000 Tipperary Town Council 279,000 287,000 Tralee Town Council 582,001 605,000 Trim Town Council 279,000 287,000 Tullamore Town Council 279,000 287,000 Westport Town Council 279,000 287,000 Wicklow Town Council 279,000 287,000 Youghal Town Council 279,000 287,000

Total 15,426,393 15,919,000

Information regarding own resources expenditure areas; and if he will make a statement on the by local authorities on the maintenance of non- matter. [3367/07] national roads is not available in my Department. Minister for the Environment, Heritage and 304. Ms C. Murphy asked the Minister for the Local Government (Mr. Roche): General pur- Environment, Heritage and Local Government pose grants from the Local Government Fund are the analysis that has been carried out by his provided to supplement the income available to Department into the spending power of local local authorities from local sources and from authorities on a per capita basis; if his attention specific grants to enable them to provide an has been drawn to the fact that when the local acceptable level of day to day services. Calculat- government fund is added to the amount avail- ing an appropriate distribution of general pur- able in commercial rates, Counties Meath and pose grants is complex because of the significant Kildare have the lowest per capita income; the variations between the cost and income bases of way the census of population was used to provide different local authorities. While the population for additional population in rapidly expanding data from the 2006 Provisional Census Report were used in the analysis by my Department as 1499 Questions— 1 February 2007. Written Answers 1500

[Mr. Roche.] income available to them from other sources, will part of the 2007 allocations process, it would not enable all local authorities to provide an appro- be appropriate to use population as the main priate level of services for their customers. determinant in this regard as a wide range of factors affect the cost of providing services. For Local Government Act. example, my Department, takes account of each 305. Ms C. Murphy asked the Minister for the local authority’s expenditure on, and income Environment, Heritage and Local Government if from, each service provided as well as matters he will bring forward proposals for the creation such as the infrastructure each authority must of new town councils within the lifetime of this maintain and operate, planning enforcement Government; the dialogue he has had with county activity, population and the cost of administering councils on the matter; the measures that remain their functional areas. to be concluded prior to the establishment of new \ This year, I am providing some 947.6m in town councils; and if he will make a statement on general purpose grants to local authorities. This the matter. [3377/07] represents an increase of 8% over 2006 and an increase of some 180% since this Government Minister for the Environment, Heritage and came into office in 1997. The increases in general Local Government (Mr. Roche): I refer to the purpose funding provided to Meath and Kildare reply to Question No. 1909 of 31 January 2007. County Council in the latter period were 194% I am continuing to keep this matter under and 214% respectively. review, while consolidating progress on quality I consider that the general purpose allocations customer service measures, with the aim of ensur- from the Local Government Fund notified to ing good accessible local government service local authorities for 2007, together with the delivery for all towns.