Vol. 617 Thursday, No. 6 6 April 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 6 April 2006.

Requests to move Adjournment of Da´il under Standing Order 31 ………………1909 Order of Business ………………………………1912 Pyramid Schemes Bill 2006: First Stage ………………………1924 Ministerial Rota for Parliamentary Questions: Motion …………………1924 Registration of Deeds and Title Bill 2004 [Seanad]: Order for Report Stage ……………………………1924 Report Stage ………………………………1925 Energy (Miscellaneous Provisions) Bill 2006: Order for Second Stage ……………………………1938 Second Stage ………………………………1939 Ceisteanna — Questions Minister for Communications, Marine and Natural Resources Priority Questions ……………………………1994 Other Questions ……………………………2006 Adjournment Debate Matters ……………………………2023 Adjournment Debate Child Care Services ……………………………2023 Crime Prevention ………………………………2027 Stardust Inquiry ………………………………2030 School Building Projects ……………………………2032 Questions: Written Answers ……………………………2037 1909 1910

DA´ IL E´ IREANN Mr. F. McGrath: I seek the adjournment of the Da´il under Standing Order 31 to discuss the fol- ———— lowing urgent matter: the urgent need to have more community gardaı´ engaged in frontline De´ardaoin, 6 Aibrea´n 2006. policing on the streets and working with people Thursday, 6 April 2006. in their communities; that priority be given to investment in disadvantaged areas to urgently ———— expand services to the youngest children in these communities by supporting pre-school and Chuaigh an Ceann Comhairle i gceannas ar primary school initiatives; the urgent need to 10.30 a.m. provide more social housing and to provide a clear Garda strategy, with resources, that deals ———— effectively with the drug gangs that are destroying communities; and to make each of these issues a Paidir. priority for the Government. Prayer. Mr. Crawford: I seek the adjournment of the ———— Da´il under Standing Order 31 to discuss the fol- lowing urgent matter: the need to get agreement Requests to move Adjournment of Da´il under in Brussels for the implementation of the nitrates Standing Order 31. directive based on the scientific evidence pro- duced by Teagasc for the Minister for the Envir- An Ceann Comhairle: Before coming to the onment, Heritage and Local Government and the Order of Business I propose to deal with a Minister for Agriculture and Food. It is vital that number of notices under Standing Order 31. I will the Da´il have a full and frank discussion on this call the Deputies in the order in which they sub- important issue, which will decide the future of mitted their notices to my office. thousands of Irish farmers and the workers involved in the food industry. These decisions Mr. Connolly: I seek the adjournment of the must be taken by the Ministers concerned, who Da´il under Standing Order 31 to discuss the fol- should have some knowledge of the serious lowing urgent matter: the Teagasc recom- potential damage that would be caused by failure mendations on the EU nitrates directive, arrived to get agreement. at after extensive independent scientific analysis by 24 scientists, which would be acceptable in Mr. Wall: I seek the adjournment of the Da´il Europe if they were vigorously pursued and under Standing Order 31 to discuss the following received uniform national support from the urgent matter: the need for the Minister for Departments of Agriculture and Food and the Communications, Marine and Natural Resources Environment, Heritage and Local Government to reverse his decision not to designate the forth- and the Environmental Protection Agency, in coming Ryder Cup at the K Club, County addition to the support they enjoy from the Irish Kildare, as a free to air television event as this Farmers Association and Teagasc. The positive will deny millions of Irish households the oppor- recommendations in the Teagasc proposals for tunity to watch the most significant international sporting event to be held here. In view of the changes in the nitrates directive and the extreme importance of this issue, I hope the Ceann Comh- urgency for the future of Irish farming warrant a airle will agree to this request. united approach on the part of farming organis- ations, Departments and the EPA in ensuring the Mr. Naughten: I seek the adjournment of the adoption and implementation of the Teagasc Da´il under Standing Order 31 to discuss the fol- document in Brussels. lowing urgent matter: in light of the disclosure by the Scottish authorities that preliminary tests Mr. P. Breen: I seek the adjournment of the have found a highly pathogenic strain of H5 avian Da´il under Standing Order 31 to discuss the fol- flu in the wild bird population, there is an lowing urgent matter: the Aer Lingus privatis- immediate need for the Minister for Agriculture ation timetable and how the jobs of Aer Lingus and Food to outline the steps she is taking to pro- staff in Shannon and other locations will be pro- tect the domestic poultry industry against a tected, what guarantee there is that the transat- potential outbreak of avian flu and to inform the lantic fleet maintenance staff in Shannon will not consumer of the safety of Irish poultry products. be centralised under a new ownership structure and whether, in an economic downturn under an Mr. Boyle: I seek the adjournment of the Da´il open skies policy, Shannon will be by-passed as a under Standing Order 31 to discuss the following transatlantic airport by a privatised Aer Lingus urgent matter: that the Minister for Justice, with only a feeder service being provided to Equality and Law Reform explain why funding Dublin, which would have huge consequences for would be removed from the immigrant welfare tourism and industry in the region. group NASC for its daring to seek to represent 1911 Order of 6 April 2006. Business 1912

[Mr. Boyle.] Mr. Sargent: I seek the adjournment of the Da´il the interests of refugees and asylum seekers stay- under Standing Order 31 to discuss the following ing at the Kinsale Road accommodation centre, urgent matter: to debate the need for plans to where management of that centre has raised counteract the threat of the highly pathogenic many concerns and the residents of the centre H5N1 avian flu following the report of a case in feel their concerns are not being addressed. Scotland this morning and the need to ascertain the level of preparedness required by Govern- Dr. Upton: I seek the adjournment of the Da´il ment to protect the health, economic and ecologi- under Standing Order 31 to discuss the following cal well-being of the country. urgent matter: the need for the Minister for Agri- culture and Food to outline the steps she is taking Dr. Cowley: I seek the adjournment of the Da´il to prepare for the arrival of avian flu, following under Standing Order 31 to discuss the following the death of a swan in Scotland suspected to be urgent matter: the reason 250 women from the caused by the deadly H5N1 virus, and the need south and the west of Ireland must die owing to for the Government to take a more proactive role the failure of the Ta´naiste and Minister for in this regard to protect public safety. Health and Children to provide a temporary bre- ast screening service which has been offered by the Galway Clinic since 2003 and which is neces- Mr. Gogarty: I seek the adjournment of the sary to save their lives as BreastCheck will not be Da´il under Standing Order 31 to discuss the fol- fully rolled out for all the women of the south lowing urgent matter: the need for the Minister and west until 2009. for Transport to establish a task force to identify and tackle congestion in the area bounded by the An Ceann Comhairle: Having considered the N4, the N7 and the M50 in west Dublin, with real matters raised, they are not in order under Stand- funding commitments, given that the problem is ing Order 31. already clearly unmanageable and people feel they are living in a gridlock box. The ongoing Order of Business. development of Adamstown and the new wel- come employment opportunities at Grangecastle The Ta´naiste: It is proposed to take No. 11a, are going ahead without sufficient public trans- motion re ministerial rota for parliamentary ques- port infrastructure, some of which could be tions; No. 15, Registration of Deeds and Title Bill immediately provided, such as more buses, while 2004 [Seanad] — Order for Report, Report and the rail network could and should be electrified Final Stages; and No. 1, Energy (Miscellaneous long before 2015. Provisions) Bill 2006 — Order for Second Stage and Second Stage. Aengus O´ Snodaigh: I seek the adjournment of It is proposed, notwithstanding anything in the Da´il under Standing Order 31 to discuss the Standing Orders, that No. 11a shall be decided following urgent matter: the need for the Minister without debate and the Da´il on its rising today for the Environment, Heritage and Local shall adjourn until 2.30 p.m. on Tuesday, 25 Government to indicate his acceptance of the April 2006. Teagasc report on the implementation of the nitrates directive in Ireland; the need for the Mr. Naughten: On a point of order, the Ceann implementation of an amended directive in a Comhairle made no decision on the Standing manner that recognises Irish conditions; and the Order 31 requests. The one with regard to avian needs of the environment and of agriculture as flu is a serious issue and should be addressed. established by the Teagasc report. An Ceann Comhairle: I made a decision and I read it out. That is not a point of order. Ms C. Murphy: I seek the adjournment of the There are two proposals to put to the House. Da´il under Standing Order 31 to discuss the fol- Is the proposal for dealing with No. 11a without lowing urgent matter: not only must census data debate, motion re ministerial rota for parliamen- be collected and compiled but the Government tary questions, agreed? Agreed. Is the proposal must make a strong commitment to realise the that the Da´il on its rising today shall adjourn until promises made in the census 2006 advertising 2.30 p.m. on Tuesday, 25 April 2006 agreed? campaign. The public is being told in this cam- paign that census data is needed so that services Mr. Sargent: It is not agreed. can be planned for but similar promises were made in previous census years and the under-pro- Mr. Ring: On a point of order, is the Govern- vision in many service areas, such as schools and ment going to close the Da´il again for another hospitals, continues to pose significant problems two weeks? It is like a Government in exile. If it for the people of Ireland. I call on the Govern- wants to go into exile, let it leave the country. It ment to recognise and act on the urgent need for could not be closing the Da´il again for another targeted investment in schools, transport net- two weeks. works, hospitals, and public services so that rap- idly developing areas like north Kildare are An Ceann Comhairle: I ask the Deputy to adequately supported and provided for. show respect for the Chair and to Deputy Sargent 1913 Order of 6 April 2006. Business 1914 who has been called. I ask the Deputy to resume proper implementation of strand 3, whatever his seat. about strands 2 and 1, we should have the same sitting arrangements as Westminster. Mr. Ring: I ask the Government to show I seek to amend the proposal so that we return respect for the people of this country and the on Wednesday, 19 April 2006 at 2.30 p.m. That Da´il. How could it be closing the Da´il again for would give us an extra week’s sitting. The Da´il two more weeks? should not take 16 days’ recess when we face the numerous issues raised by Deputies under Stand- An Ceann Comhairle: If the Deputy does not ing Order 31. The issues raised should indicate to want to resume his seat, he will have an earlier the Ceann Comhairle the inappropriateness of recess than anybody else. this break. I ask the Government to recognise that we must be in the House to articulate fully Mr. Ring: Where will they put me? I will not be the views of the public. The Government cannot put out at all because the Da´il will not be open. be left to operate without the public account- ability the Da´il would ensure. On that basis, I ask An Ceann Comhairle: The Deputy will be put the Ceann Comhairle to allow an amendment to out. the effect that we come back a week earlier to get on with the business we are elected to carry Mr. Ring: The Government and the Fianna Fa´il out in the House. backbenchers are all in on it. Let us go to the country and let the people decide. Mr. Connolly: On a point of order——

An Ceann Comhairle: I ask the Deputy to An Ceann Comhairle: There is no provision for resume his seat. Independent Deputies to speak on this.

Mr. Ring: It is a disgrace that they are closing Mr. Connolly: We have this type of charade at the Da´il again. every recess. It is designed for little more than public consumption. If we were genuine about Mr. Sargent: It is strange that the only Easter this, we would examine it in a committee. rising mentioned by the Government is the Easter rising to run rather than face the music in An Ceann Comhairle: Is Deputy Sargent the Da´il. The Government needs to be reminded pressing the amendment? that the Da´il should sit for much longer than it does. A term of 92 days a year is not a proper Mr. Sargent: Yes. parliamentary term in European terms. With the Taoiseach in Armagh today talking to the British Question put: “That the words proposed to be Prime Minister, it is fitting that if we are to have deleted stand”.

The Da´il divided: Ta´, 57; Nı´l, 48.

Ta´

Andrews, Barry. Keaveney, Cecilia. Blaney, Niall. Kelleher, Billy. Brady, Johnny. Kelly, Peter. Brady, Martin. Kirk, Seamus. Breen, James. Kitt, Tom. Browne, John. Lenihan, Brian. Callanan, Joe. McGuinness, John. Callely, Ivor. McHugh, Paddy. Carey, Pat. Moloney, John. Carty, John. Moynihan, Michael. Collins, Michael. Mulcahy, Michael. Connolly, Paudge. Nolan, M. J. Cooper-Flynn, Beverley. O´ Fearghaı´l, Sea´n. Cregan, John. O’Connor, Charlie. Cullen, Martin. O’Dea, Willie. Curran, John. O’Donnell, Liz. de Valera, Sı´le. O’Flynn, Noel. Dennehy, John. O’Keeffe, Batt. Devins, Jimmy. O’Keeffe, Ned. Finneran, Michael. O’Malley, Fiona. Fitzpatrick, Dermot. Parlon, Tom. Fleming, Sea´n. Roche, Dick. Grealish, Noel. Sexton, Mae. Hanafin, Mary. Smith, Michael. Harney, Mary. Wallace, Mary. Haughey, Sea´n. Walsh, Joe. Healy-Rae, Jackie. Woods, Michael. Hoctor, Ma´ire. Wright, G. V. Jacob, Joe. 1915 Order of 6 April 2006. Business 1916

Nı´l

Boyle, Dan. McGrath, Finian. Breen, Pat. McGrath, Paul. Broughan, Thomas P. McManus, Liz. Bruton, Richard. Murphy, Catherine. Burton, Joan. Murphy, Gerard. Costello, Joe. Naughten, Denis. Coveney, Simon. Neville, Dan. Cowley, Jerry. Noonan, Michael. Crawford, Seymour. O´ Caola´in, Caoimhghı´n. Crowe, Sea´n. O’Dowd, Fergus. Cuffe, Ciara´n. O’Keeffe, Jim. Deasy, John. O’Shea, Brian. Durkan, Bernard J. Pattison, Seamus. English, Damien. Perry, John. Gilmore, Eamon. Quinn, Ruairı´. Gogarty, Paul. Rabbitte, Pat. Hayes, Tom. Ring, Michael. Higgins, Joe. Ryan, Eamon. Howlin, Brendan. Sargent, Trevor. Kehoe, Paul. Stagg, Emmet. Kenny, Enda. Timmins, Billy. Lynch, Kathleen. Twomey, Liam. McCormack, Pa´draic. Upton, Mary. McEntee, Shane. Wall, Jack.

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

Question declared carried. Mr. McCormack: Parlon delivers. Did he not deliver? Question, “That the Da´il on rising today shall adjourn until 2.30 p.m. on Tuesday, 25 April The Ta´naiste: The commitment is to publish 2006”, put and declared carried. the Bills in the A list before the start of the next session. The defamation Bill, for example, will be Mr. Kenny: In respect of the A list of Bills to discussed at the Government meeting next week. be published before the beginning of the next Several of these will be published between now parliamentary session, only six of the 17 Bills and the next session. have been published. Will the Ta´naiste indicate I will be bringing the heads of the pharmacy when the remainder will be published before the Bills to the Government in May. It is hoped we Da´il resumes in two weeks’ time? What is the will have the legislation later this year. I am hop- position of the two pharmacy Bills? ing to have it before the summer session. If not, Does the Ta´naiste agree with the comments it will be in the autumn session. made by the Minister for Arts, Sport and Tourism this morning that it does not matter one iota what Mr. Rabbitte: I understand the Minister for a Minister says in the Da´il? He Arts, Sport and Tourism has taken the Dalton 11 o’clock claimed he would seek advice from report on alleged drug abuse in the greyhound the EU on amendments to broad- industry. Will he lay it in the Library for casting legislation arising from his non-listing of Members to read over the recess? the Ryder Cup as an event of national sporting On the failure to put the coverage of the Ryder importance. Cup on free-to-air, Members will recall the Does the Ta´naiste agree with the statement by Taoiseach’s tour of television studios during the Minister of State at the Department of Fin- Christmas. He even appeared on Setanta Sports ance, Deputy Parlon, that it is impossible—— in a golf jersey and told us he was trying to organ- ise free-to-air for the Ryder Cup. He claimed An Ceann Comhairle: Sorry Deputy but we from the Irish point of view we have to get and cannot have a general omnibus question time. maximise the audience. Is he still working on it? Will there be any breakthrough between now and Mr. Kenny: ——to meet the deadline for the tournament? decentralisation? Mr. Kenny: Will he tee off? An Ceann Comhairle: It does not arise on the Order of Business. I call the Ta´naiste. The Ta´naiste: I am not familiar with the Dalton report and was not aware the Minister had Mr. Kenny: Does she share the view of the received it. I assume he will bring it to the former Minister for Finance who said that if the Government. It is normal practice for a report of programme was not delivered, it would be an that kind to be published unless there are some electoral catastrophe for the Government? legal reasons why it cannot. 1917 Order of 6 April 2006. Business 1918

The Ryder Cup will not be free-to-air due to the publication of the report which has major several reasons, including advice from the implications for many seriously ill people? Attorney General and contractual arrangements entered into when the Ryder Cup agreed to come The Ta´naiste: All reports of that kind are pub- to Ireland. lished as a matter of routine after they have been considered by the Cabinet. We need to increase Mr. Stagg: The Government caved in. The law the number of consultant posts in neurology as allows it but it caved in. I will have to walk over there are only some 60 existing posts. It is to Straffan and watch it there. important to have a new contract of employment with hospital consultants so we can have them on Mr. Rabbitte: There is no point in blaming the appropriate terms. Attorney General. Ms McManus: When will the Ta´naiste publish Mr. Durkan: It is all just showmanship and the report? clowning. The Ta´naiste: I will publish the report, along Mr. Sargent: Whatever about the euphemism with several others, after Easter. of the Easter Rising meaning a long Da´il holiday and considering the Government will be giving a Mr. McEntee: The Minister for Agriculture military show of strength over the Easter, where and Food promised the few farmers left in the is the promised legislation on the exports of country that they would receive their single pay- arms? Will the control of exports Bill take into ment grant by the end of January. This has not account the Forfa´s recommendations from yet happened. Communications with the Depart- September 2003 recognising that Irish export ment on the payments are hard to establish. What licensing does not control the exports or broker- can be done to ensure these payments are made ing of arms and security equipment? before Easter?

An Ceann Comhairle: Deputy, we cannot dis- An Ceann Comhairle: I suggest the Deputy cuss the legislation on the Order of Business. submits a parliamentary question on the matter.

Mr. Sargent: Given a recent Amnesty Inter- Mr. Costello: Considering a decision will be national briefing to Members, is there any hope made today on the location for the new world of the legislation to cover the export and broker- class paediatric hospital, will she share the age of arms? decision with the Da´il?

The Ta´naiste: I cannot say when we will have An Ceann Comhairle: That does not arise on that legislation and I am not familiar with what the Order of Business. the detail of it will be. Mr. Broughan: It is only the Da´il. Mr. Naughten: In light of the outbreak of H5N1 avian flu in Scotland yesterday, will the Mr. Costello: The point is the Da´il is rising for Ta´naiste clarify the enactment of section 54 of the two weeks. Health Act 1947 which was amended by the Irish Medicines Board (Miscellaneous Provisions) An Ceann Comhairle: I appreciate that but Bill? It will allow for the labelling of the country there are other ways in which the Deputy can of origin of all foods used in the catering trade. raise the matter. The Bill was passed by the House but has not yet been enacted. I asked the Taoiseach last week on Mr. Costello: There are no other ways. the matter and he informed me he would get back to me. With yesterday’s news, it is of critical Ms McManus: This is the national Parliament. importance to the food industry that clear and concise food labelling is introduced so consumers An Ceann Comhairle: It does not arise on the know they are buying Irish products and not Order of Business. imported products. Mr. Costello: It will appear in the media in The Ta´naiste: The Deputy acknowledged the some format, so it would be better if the Bill was passed. It is a matter of drafting regu- House—— lations to implement those particular provisions which is happening as a matter of urgency. An Ceann Comhairle: It does not arise now.

Ms McManus: The Ta´naiste said she was not Mr. Costello: That is what this House of Parlia- familiar with the Dalton report. However, since ment is for. last year she has been sitting on a report on neurosurgery. For some inexplicable reason, it An Ceann Comhairle: We cannot discuss it at has not been published. Will the Ta´naiste ensure this stage because Deputies on both sides of the 1919 Order of 6 April 2006. Business 1920

[An Ceann Comhairle.] An Ceann Comhairle: It does not arise on the House are anxious to raise matters on the Order Order of Business. The matter has already been of Business. raised.

Mr. Costello: Perhaps the Ta´naiste would like Ms C. Murphy: Will that have an impact on the to reply. EU’s designation of other events, such as soccer internationals, which involve contractual obli- An Ceann Comhairle: If I allow an omnibus gations as well? Question Time we would be here until 5.30 p.m. I call Deputy Cowley. Mr. Durkan: The Ceann Comhairle has been very helpful in the past so he might be able to Mr. Costello: May I ask a question on help me now. ESB meters are no longer read on legislation? a bi-monthly basis and this has resulted in some meters not being read for up to 14 months or An Ceann Comhairle: On legislation, yes. two years.

Mr. Costello: Is there any requirement for An Ceann Comhairle: What legislation is the legislation on the project once the decision is Deputy asking about? made? Mr. Durkan: I am coming to that. An Ceann Comhairle: Is legislation promised? Mr. McCormack: ESB legislation. The Ta´naiste: Yes, I think there may well be a need for legislation if we are going to establish a Mr. Durkan: The ESB has billed a number of State hospital for paediatrics. While the report is households showing arrears of up to \1,000. due out today, I have not yet received it. An Ceann Comhairle: The Deputy should say Dr. Cowley: I have already raised the issue of to what legislation he is referring. Otherwise we equality legislation at the Joint Committee on will move on. Health and Children as well as under Standing Order 31. There is a need for such legislation for Mr. Durkan: My question relates to legislation the 250 women who are going to die before and the Ceann Comhairle is involved in this. BreastCheck is rolled out in 2009. An Ceann Comhairle: The Deputy should An Ceann Comhairle: That does not arise on appreciate that Members complained earlier this the Order of Business. morning that there is not enough time to discuss Dr. Cowley: That is what is going to happen. matters appropriate to this House.

An Ceann Comhairle: It is an abuse of the Mr. Durkan: I know but the Ceann Comhairle Order of Business. should wait until I finish the sentence. I want to give the Ta´naiste an opportunity to reply. Bills Dr. Cowley: My point is related to legislation. are now being charged showing arrears—— Everything stops when we go into recess. An Ceann Comhairle: That does not arise on An Ceann Comhairle: The Deputy should the Order of Business. I call Deputy Crawford. allow his colleague, Deputy Catherine Murphy, to contribute or else we will have to move on to Mr. Durkan: ——which show the recent price the next business. of electricity taking in the increases that have occurred over recent years. Arising from the Dr. Cowley: Those women are definitely going Energy (Miscellaneous Provisions) Bill, which, to die so I am asking the Ta´naiste to answer that contrary to what the Ceann Comhairle told point now. She did not answer it at the Joint me—— Committee on Health and Children. An Ceann Comhairle: The Deputy will have an An Ceann Comhairle: I ask Deputy Cowley to opportunity later today to discuss that legislation, allow Deputy Catherine Murphy to contribute. assuming we reach it.

Ms C. Murphy: I wish to ask about a promised Mr. Durkan: No. The Ceann Comhairle told debate on the Transport 21 initiative. The debate me in a reply that this was a matter for the regu- commenced but was then adjourned. Is it lator but it is not because the legislation has not intended to resume that debate? Will the Dublin been passed. Bus network review be debated at the same time? I also wish to ask the Ta´naiste about the con- An Ceann Comhairle: The Energy tractual obligation she mentioned regarding the (Miscellaneous Provisions) Bill 2006 is being dis- Ryder Cup. cussed later today. 1921 Order of 6 April 2006. Business 1922

Mr. Durkan: It is a matter for the Ta´naiste to An Ceann Comhairle: That does not arise on answer. the Order of Business. I call Deputy Rabbitte.

An Ceann Comhairle: The Deputy should Dr. Twomey: I think they should be answered. allow the Ta´naiste to answer the question on the Energy (Miscellaneous Provisions) Bill. Mr. McCormack: Patients are looking for beds.

The Ta´naiste: The Energy (Miscellaneous Mr. Durkan: The Ta´naiste should answer the Provisions) Bill will be before the House today question about who determines policy. so perhaps the Deputy could make a contri- bution then. An Ceann Comhairle: Deputy Durkan should allow Deputy Rabbitte to speak without Mr. Durkan: What about the Ta´naiste’s contri- interruption. bution now? The Bill has not been passed yet. What about the consumers? Mr. Rabbitte: With respect to the answer the Ta´naiste has given to Deputy Costello, is she say- Ms C. Murphy: I asked the Ta´naiste about the ing that on receipt of the report on the National Transport 21 debate. Children’s Hospital, it will be simultaneously put into the public domain? The Ta´naiste: That debate will be resumed. Mr. Kenny: On the questions posed by Deputy An Ceann Comhairle: It is a matter for the Costello and Deputy Rabbitte, does the Ta´naiste House when the debate resumes. It is not really expect that the task force will adhere to the a matter for the Order of Business. criteria set out in the McKinsey recom- mendations for the selection of this hospital? Mr. Stagg: That ruling is wrong. An Ceann Comhairle: That does not arise on Mr. Crawford: As the House has agreed to the Order of Business. close for two weeks, can I have an assurance from ´ the Tanaiste that the nitrates directive will not be Mr. Kenny: It does. Will the task force adhere rushed through by the Minister for the Envir- to the recommendations and criteria set out in onment, Heritage and Local Government against the McKinsey report? the interests of ordinary farmers and the environment? The Ta´naiste: If the Deputy is referring to its co-location with an adult hospital, that is what the An Ceann Comhairle: That does not arise on task force members were asked to do. They were the Order of Business. given terms of reference. I know they have met frequently over recent weeks to finalise the Mr. Crawford: This is a very important issue. report. I am not certain I will get the report When can we have a debate on agriculture con- today. I do not know when I am going to get it. cerning the nitrates issue in particular? It was due today or tomorrow but I do not know An Ceann Comhairle: Has it been promised? if that will happen. The procedure will be that the Government will presumably make a decision. Mr. Crawford: It will be the end of many farm- The report will be published in full, there is no ers if the matter is not dealt with properly. doubt about that.

The Ta´naiste: Perhaps that matter could be dis- Mr. Stagg: When? cussed by the Whips. The Ta´naiste: As quickly as possible. I hope it Dr. Twomey: In the 2001 health strategy the will be in the next few weeks. We are doing this Government promised 3,000 additional acute very quickly, as the Deputy knows. beds. Some 350 acute beds have been delivered to date. Professor Drumm is on the radio at every Mr. Durkan: Everything is quick. opportunity saying that we do not need any more beds. Who decides Government policy? What is Mr. J. Breen: In light of the betrayal of Aer Government policy? Lingus workers by the Minister for Transport, will there be a debate in the House on the priv- An Ceann Comhairle: That does not arise on atisation of the airline? the Order of Business. An Ceann Comhairle: That is a matter for the Dr. Twomey: What are the implications for Whips. Is a debate promised? Professor Drumm if he disagrees with the Government? Those questions have not been Mr. J. Breen: Will there be a debate on the answered by the Ta´naiste on any occasion. privatisation of Aer Lingus? 1923 Registration of Deeds and Title Bill 6 April 2006. 2004: Order for Report Stage 1924

An Ceann Comhairle: It is a matter for the Pyramid Schemes Bill 2006: First Stage. Whips to arrange the debate. The Deputy will Ms Lynch: I move: appreciate that if the Chair were to allow every- body to ask whether there will be a debate on That leave be granted to introduce a Bill issues, every Member on both sides of the House entitled an Act to prohibit the inducing of per- would ask every morning about some issue he or sons to participate in certain multi-level or she would like to see debated. pyramid schemes and to provide for other matters connected with such schemes. Mr. J. Breen: I appreciate that. I appreciate the Ceann Comhairle allowing me to An Ceann Comhairle: It is a matter for the introduce this Bill. Whips. I call Deputy Joe Higgins. An Ceann Comhairle: Is the Bill being Mr. J. Breen: I appreciate what the Ceann opposed? Comhairle is saying but the workers do not know about their pensions rights. These matters should Minister of State at the Department of the be clarified in the House by the Minister. Taoiseach (Mr. Kitt): No.

An Ceann Comhairle: There are other ways of Question put and agreed to. raising that matter in the House. An Ceann Comhairle: Since this is a Private Mr. J. Breen: Is it correct that there will be Members’ Bill, Second Stage must, under Stand- such a debate? ing Orders, be taken in Private Members’ time. The Ta´naiste: Yes, there will be. Ms Lynch: I move: “That the Bill be taken in Mr. J. Breen: I am delighted that there will be Private Members’ time.” a debate. Question put and agreed to. Mr. J. Higgins: I wonder if ex-Taoisigh can avail of the money advice and budgeting service Ministerial Rota for Parliamentary Questions: concerning the organisation of personal Motion. finances—— Minister of State at the Department of the An Ceann Comhairle: That does not arise on Taoiseach (Mr. Kitt): I move: the Order of Business. That, notwithstanding anything in the resol- ution of the Da´il of 6 June 2002 setting out the Mr. J. Higgins: ——considering the utter bewil- rota in which questions to members of the derment of the former Taoiseach, Mr. Albert \ Government are to be asked, questions for oral Reynolds, about whether he had a few 100,000 answer, following those next set down to the invested in property. Ta´naiste and Minister for Health and Children, An Ceann Comhairle: I ask the Deputy to shall be set down to Ministers in the following resume his seat. I call Deputy Hayes. temporary sequence: Minister for Justice, Equality and Law Mr. J. Higgins: The nation is wondering. What Reform hope do poor people have if the MABS cannot look after their investments? Minister for Transport whereupon the sequence established by the An Ceann Comhairle: That matter does not resolution of 6 June 2002 shall continue with arise on the Order of Business. questions to the Minister for the Environment, Mr. Hayes: Is any legislation planned specifi- Heritage and Local Government. cally to address the drugs problem that is rife, not alone in Dublin but throughout the country? The Question put and agreed to. Government should declare war on drugs. It is a major issue and I have seen it in my constituency Registration of Deeds and Title Bill 2004 this week. [Seanad]: Order for Report Stage. An Ceann Comhairle: Is such legislation Minister of State at the Department of Finance promised? (Mr. Parlon): I move: “That Report Stage be taken now.” The Ta´naiste: A drug offenders Bill is prom- ised but I do not have the information on when Question put and agreed to. it will be available. 1925 Registration of Deeds and Title 6 April 2006. Bill 2004: Report Stage 1926

Registration of Deeds and Title Bill 2004 The Minister eventually appointed the authority [Seanad]: Report Stage. in 2005. As we saw last week, security firms operate under a voluntary code because the auth- An Ceann Comhairle: Amendments Nos. 1, 2 ority has not drawn up a statutory code for them. and 3 are related and will be discussed together. There is no sense in us passing legislation which Minister of State at the Department of Finance requires a fair amount of structure to underpin it (Mr. Parlon): I move amendment No 1: and then finding that nothing happens after the legislation is passed and it lies idle. The purpose In page 7, line 24, after “Act” where it sec- of this Bill is to speed up and streamline the prop- ondly occurs to insert “(other than sections 76 erty market so we can move on deeds, titles and and 77)”. conveyancing, bring it into the electronic age and This is a cluster of drafting amendments relating modernise it. I know it is not easy for the Minister to the collective citation and the entry into force of State to come here and speak on this Bill. Per- of sections 76 and 77. Since sections 76 and 77 haps he will outline the steps that will be taken contain amendments to the Landlord and Tenant to ensure it is other than aspirational. (Ground Rents) (No. 2) Act 1978 it is not appro- Mr. G. Murphy: I support Deputy Costello. priate to include them in the collective citation Approximately half of the Bills that go through contained in subsection 2. this House come from the Department of Justice, Amendments 2 and 3 provide that sections 76 Equality and Law Reform. We find that after and 77 will come into effect following passage of spending hours debating Bills and amendments, the Bill without need for a commencement order. the resources to implement them have not been Both sections specify these provisions will apply properly thought out, and those resources are not to relevant transactions on and after 27 February available a long time after a Bill is passed. We last. Commencement orders will be required to constantly state the Minister would be better off bring the remaining sections of the Act into effect implementing Bills already on the books rather following this enactment. than dreaming up new ideas on a constant basis without any thought as to how they will be Mr. Costello: When does the Minister of State implemented or how resources will be made envisage that the commencement orders will be available. This is another example. This Bill is brought into operation? important from a business and efficiency point of Mr. Parlon: It will be done as soon as possible view. If the track record is anything to go by, all after the enactment. We must return to the we will get is the Bill and not its implementation. Seanad. Mr. Parlon: I am grateful the Deputy admitted this Bill is important, and I agree. The Minister is Mr. Costello: What does “as soon as possible” intent on expediting it as quickly as possible. It mean? Does it mean weeks or months? must return to the Seanad after Easter. Mr. Parlon: It entails rules that must be Amendment agreed to. amended. It will be done as soon as possible. Mr. Parlon: I move amendment No. 2: Mr. Costello: I ask because this legislation envisages a new dispensation in terms of the In page 7, line 27, to delete “This Act” and registration of deeds and titles to make it more substitute the following: accessible and to make conveyancing easier. “(1) Subject to subsection (2), this Act”. What equipment, resources and personnel recruitment will be required to implement the legislation? Has it been put in train or are we Amendment agreed to. awaiting the legislation to be passed before we put in place the necessary equipment and Mr. Parlon: I move amendment No. 3: resources and recruit the necessary personnel? In page 7, between lines 30 and 31, to insert the following: Mr. Parlon: Preparatory arrangements are under way and the Minister will discuss them with “(2) Sections 76 and 77 come into oper- the new authority as soon as it is in place. ation on the passing of this Act.”.

Mr. Costello: We recently passed the Garda Amendment agreed to. Sı´ocha´na Bill and the ombudsman commission is supposedly up and running. However, there are Mr. Costello: I move amendment No. 4: hitches regarding a number of matters which I do In page 7, between lines 30 and 31, to insert not want to go into and it does not seem we will the following: have an effective ombudsman commission for 12 or 18 months. The Private Security Services Bill 3.—Part 3 of this Act shall cease to apply was published in 2001 and was passed in 2004. to the registration of new deeds as and from 1927 Registration of Deeds and Title 6 April 2006. Bill 2004: Report Stage 1928

[Mr. Costello.] nation will be put into implementing its the date on which the Act of 1964 is applied provisions. by the Minister so as to require compulsory This is the first time for many years a Minister registration of title throughout this State.”. for Justice, Equality and Law Reform has attempted to take on this issue, in a small way, This is not unrelated to what we were discussing. but Fianna Fa´il has been in power for 18 of the I am concerned that despite the 1964 Act, we past 20 years and the Minister’s party has been have an extremely poor level of registering title in power for ten years. It is time to start doing deeds. Under the 1964 legislation we are sup- something rather than talking about it. posed to have compulsory registration through- out the country. Only three counties, namely, Mr. Parlon: That is what we are doing. We are Laois, Carlow and Meath, have been registered. implementing the legislation. The Minister has begun the process of regis- tration in Longford, Roscommon and Leitrim. Mr. Costello: The Minister of State is passing Surely, compulsory registration is the way to the legislation. Implementing it is a horse of a achieve savings in conveyancing costs and all different colour. titles should be registered in the State. The Minister of State mentioned establishing a Mr. Parlon: We have to pass it first. The property registration authority. We already have Deputy said it has taken donkey’s years, but there the 1964 Act in place, which makes provision for is no point putting the cart before the horse. compulsory registration, but we have only regis- tered title in three counties. God knows how long Mr. Costello: A gap since 1964 is not a great it will take to get something done under this legis- track record. lation. It will be another 50 years before we have compulsory registration of title. That should be Mr. Parlon: The Minister cannot accept this moved on. The Minister for Justice, Equality and amendment because it is not necessary. The Law Reform is the first Minister in donkey’s amendment presupposes that extended compul- years to move the process on at least a little, as sory registration is the only method by which the he considers fully registering three other counties. registration of ownership of land can be We have 26 counties to register, with an amount extended. Any person outside a compulsory of title relating to cross-Border land, which would registration area can apply to have his or her land be even more difficult to deal with in many registered in the Land Registry. situations. Three from 26 leaves a great deal to The definition of deed in section 31 provides be desired. Since 1964, 42 years have passed. that any document, in so far as it affects regis- I raise this as an indication of how backward tered land, cannot be registered in the register of and slow we have been in dealing with this matter deeds and Part 3 cannot therefore apply to any and how outdated are our present land registry registered land. and registry of deeds systems. We are in a mess From 1 April this year, Longford, Roscommon and do not know where the title is, its quality or and Westmeath are compulsory registration the registration of the title. We transfer and inter- areas. One of the specific objectives of the new change title at a colossal rate, and Ireland is one authority is to accelerate compulsory registration of the leading countries to do so as the property throughout the country. market goes through a boom, with the accompanying sale of land and transfer of title. Mr. Costello: Longford, Roscommon, West- We are still in the dark ages when it comes to meath sounds more like a song than a registration conducting our business. We should consider process. When did the Minister initiate that com- compulsory registration of title for the State. The pulsory registration and when is it envisaged that Minister of State might indicate whether there is it will be complete? What is the next set of coun- a move to initiate and institute compulsory regis- ties to be affected? Will they be taken, not two tration of title nationwide. If so, are extra by two like the animals entering Noah’s Ark, but resources being put in place, extra staff being three by three ad infinitum? recruited and a map drawn of how the country will achieve full registration? Mr. Parlon: This will be one of the first stra- tegic issues with which the new authority will Mr. G. Murphy: This is an extremely important deal. One of its primary objectives is to accelerate Bill from a business point of view. There is a high the compulsory registration process. I am not in volume of property transactions with a position to pre-empt what the new authority unacceptable delays in solicitor’s offices and gen- will do. erally in the transfer of property, which hamper business. If there is not some degree of compul- Mr. Costello: I do not wish to delay the sion in the Bill it will go the same way as many debate but—— other Bills from the Department of Justice, Equality and Law Reform. That is, it will be An Leas-Cheann Comhairle: I remind the passed and shelved, and no resources or determi- Deputy we are not on Committee Stage. 1929 Registration of Deeds and Title 6 April 2006. Bill 2004: Report Stage 1930

Mr. Costello: I will be brief. This underlines include it in the legislation. While I accept that what we have been saying from the outset about we live in changing times which places new this legislation. We want to know when the com- demands on the public service, this Bill will have mencement takes place and the authority is up a significant effect on commercial and private and running, what resources and personnel will business. Many young people are involved in be available to it, whether timescales are envis- property deals and any delay can be expensive. It aged and the work is mapped out. Have the is important that the authority is run in a cus- resources been earmarked and obtained from the tomer-friendly way and is open for hours that are Minister for Finance to do this? It is extremely suitable for individuals and businesses that want important for the health of the nation to deal to deal with it. If the Minister agrees to emphasise efficiently with property and land sales. We do this to the authority or include it in its terms of not want to see another Act sitting on the books reference I will withdraw the amendment. without the proper resources, and therefore use- less, and all our time here wasted. Mr. Parlon: The Minister cannot accept this amendment because it provides for operational Amendment put and declared lost. matters rather than the authority’s statutory func- tions. The Registry of Deeds and the Land Regis- An Leas-Cheann Comhairle: Amendments try will be managed by the property registration Nos. 5, 6 and 17 are related and will be discussed authority which will be responsible for adminis- together by agreement. trative matters such as the opening hours of offices. It is neither necessary nor appropriate to Mr. Parlon: I move amendment No. 5: include provisions for matters such as opening In page 8, line 4, to delete “1964.” and substi- hours in primary legislation. tute “1964;”. The Minister is, however, sympathetic to the concerns underlying the amendment and expects the authority to take full advantage of infor- Amendment agreed to. mation and communication technology in the development of its services especially on-line Mr. Parlon: I move amendment No. 6: access where appropriate. In page 8, between lines 4 and 5, to insert the following: Amendment, by leave, withdrawn. ““Minister“ means the Minister for An Leas-Cheann Comhairle: Amendments Justice, Equality and Law Reform.”. Nos. 9, 10, 24 and 25 are cognate and will be dis- This is a procedural amendment, one of a cluster cussed together by agreement. of drafting amendments which relocate the definition of Minister from section 32(3) to Mr. G. Murphy: I move amendment No. 9: section 3(1). In page 10, line 30, after “barrister” to insert Amendment agreed to. “of at least five years’ standing”. This amendment is an effort to ensure solicitors Mr. Parlon: I move amendment No. 7: or barristers appointed to the authority have In page 8, line 8, after “references” to insert sufficient experience to ensure they do the job. “in it and”. While the Minister was reasonably sympathetic to the amendment on Committee Stage he ruled This is a drafting amendment to insert three it out. words inadvertently omitted from the text of sub- It is extremely important that when people are section (2). to be appointed to State boards the legislation specify they must have the proper qualifications Amendment agreed to. and experience to ensure they can do the job properly. This is particularly necessary when pol- Mr. G. Murphy: I move amendment No. 8: itical patronage is involved, not that I accuse this In page 9, between lines 39 and 40, to insert Government of such practice but including this in the following: the Bill would do no harm.

“(g) to provide easy access to the Registry Mr. Parlon: The Minister does not propose to of Deeds, as set out in Part 3 of this Act, for accept this cluster of amendments, which seek to members of the public and the legal pro- impose a five-year qualification period, because fessions alike, and to put in place such facili- he is quite confident that the nominees have been ties, or to remain open such hours, as the nominated by the General Council of the Bar of Authority shall determine, for the provision Ireland and the council of the Law Society of of that access.”. Ireland. He is confident that the nominees will This proposal was discussed on Committee Stage have the experience and expertise required to and the Minister said there was no need to contribute to the work of the authority. 1931 Registration of Deeds and Title 6 April 2006. Bill 2004: Report Stage 1932

Amendment, by leave, withdrawn. which states a cesser under subsection (13)(a) or (c) by virtue of an order of a court shall not Amendment No. 10 not moved. operate until the ordinary time for appeal has expired, or until the final determination of any Mr. Parlon: I move amendment No. 11: appeal lodged during such time, whichever last In page 11, to delete lines 11 and 12. occurs. This relates to when a person is asked to step down but appeals the decision. The amend- ment provides that the final decision will not Amendment agreed to. become operational until such time as the process had been determined. Mr. Parlon: I move amendment No. 12: The Minister agreed to examine my second In page 11, between lines 31 and 32, to insert concern, which relates to some of the grounds for the following: disqualification. An individual can be disqualified from the authority if he or she is adjudicated “(d) being convicted of an offence involv- bankrupt. All bankruptcy means is that someone ing fraud or dishonesty, has lost his or her money. It does not mean that (e) being disqualified or restricted from he or she has committed a crime or gone through being a director of any company,”. a court process. Bankruptcy should not result in automatic disqualification. According to the When discussing subsection (13) on Committee Minister of State, the Minister has decided not to Stage, the Minister stated he would re-examine delete this section because it appeared some- the grounds upon which an individual ceases to where else. I do not believe that bankruptcy is a be a member of the authority. In particular, he ground for disqualification and it seems strange stated he would re-examine the grounds of bank- to include simple bankruptcy as a ground for dis- ruptcy and the making of a compositional qualification in the Bill. Anyone could, for one arrangement with creditors. Arising from this re- reason or another, find himself or herself bank- examination, it appears these two grounds are rupt. Many people find themselves in such a pre- common to the various statutory bodies estab- dicament during the course of their lifetime, lished over the past number of years. For this depending on the nature of their employment or reason, the Minister does not propose to delete developments in the areas in which they have the grounds relating to bankruptcy and arrange- invested. Bankruptcy may not have been due to ments with creditors. any misbehaviour on their part. It does not sug- However, other legislation of this type includes gest that there has been any referral to the courts additional grounds under which an individual for prosecution. shall cease to be a member, such as being con- Making a compositional arrangement with victed of an offence for fraud or dishonesty and creditors also does not smack of criminality or being disqualified or restricted from being a com- any form of misbehaviour. It is the normal pro- pany director. The Minister has, therefore, cedure which takes place when a bankruptcy decided that these additional grounds should be occurs. Creditors must be dealt with and the law included in the Bill, which is the purpose of this demands that a compositional arrangement is set amendment. up. It is quite innocent and should not be grounds for anyone to lose his or her position on a board Amendment agreed to. if he or she has been appointed to it as a result of his or her talents or abilities. Mr. Costello: I move amendment No. 13: Being sentenced to imprisonment on convic- In page 11, between lines 35 and 36, to insert tion on indictment and ceasing to be an ordinary the following: resident in the State are appropriate grounds for disqualification. If a member does not reside in “(14) Without prejudice to subsection (12), the State, he or she cannot do his or her job. It is a cesser under subsection (13)(a) or (c) by unfair to use bankruptcy and the making of virtue of an order of a court shall not operate arrangements with creditors as grounds for dis- until the ordinary time for appeal has qualification or removal from the authority. The expired, or until the final determination of Minister should re-examine the situation. any appeal lodged during such time, which- If an individual becomes bankrupt for legit- ever last occurs.”. imate reasons, he or she is entitled to appeal his This amendment is related to amendment No. 12 or her removal from the board. Why should he because the Minister agreed to re-examine some or she be removed from the board until his or her of the grounds under which an individual could appeal is heard? be disqualified from membership of the authority. I have two concerns about his proposals. The first Mr. Parlon: As I stated in my reply to amend- is that nobody should be disqualified without hav- ment No. 12, the Minister does not intend to ing access to due process so that an appeal would amend this section, which is a standard provision be completed before any disqualification could in all legislation. I have some sympathy with take place. This is the thrust of the amendment, Deputy Costello’s position but bankruptcy is 1933 Registration of Deeds and Title 6 April 2006. Bill 2004: Report Stage 1934 likely to be very rare among the people who will cart before the horse, as the purpose of the Act be appointed members. is accountability and transparency. The Minister does not believe that amendment Let us pass legislation that we can stand over No. 13 is necessary as it is implicit that in such and allow access to decisions made under it. We circumstances, a person will cease to become a are shrouding in secrecy decisions made in member of the authority only after all pro- respect of State bodies and legislative provisions ceedings have been completed and a final deter- as much as we can. There is no reason not to mination has been made. specify that the authority should be subject to the Freedom of Information Act. There may be Mr. Costello: It is not sufficient to simply say matters that must be addressed with a level of that this is a standard provision. What does this discretion but, in general terms, the proceedings mean? There could be standard provisions in of the authority should be subject to freedom of legislation which new legislation will update. The information legislation. We should not need to fact that a standard provision has existed in pre- wait until the future when somebody may or may vious legislation does not mean it has an aura of not get around to including this Bill, when absolute correctness. Such provision can be enacted, on the list of legislative provisions open examined as much as any other provision. If it is to freedom of information questions. not a proper provision, it should be deleted. I do not doubt that if someone becomes bankrupt, Mr. G. Murphy: I support Deputy Costello’s makes a compositional arrangement with credi- amendment. In recent weeks, this matter arose tors and is removed from the authority by the on Committee Stage of another Bill. The Minister Minister, he or she will successfully appeal the of State spoke about standard provisions in a Bill decision. Why include this unnecessary bureauc- — this should be a standard provision in every racy in this legislation? Legislation should be sim- Bill and for every authority that is established. A ple, straightforward and relevant. A provision number of exceptions could be discussed but the should not be included simply because it is stan- applicability of the Freedom of Information Act dard practice in old legislation. Given that this 1997 to all authorities and legislation should be Bill might return to the Seanad, the best course standard practice. of action is to delete these two sections. There is a growing feeling that since the restric- tions were placed on the Freedom of Information Mr. Parlon: I understand this is a standard pro- Act, activities have been conducted in such a way vision which has been included in some reason- as to prevent people finding information on them. ably recent legislation. This provision has been It is a significant issue for the general public, as included in legislation for a very long time for a the Act provides security for people in that they good reason. The Bill lists these standard pro- can discover exactly what is happening within a particular service or Department. I do not see visions as reasons for people to step down as why this essential provision should not be members of the authority. Deputy Costello could included in the Bill. probably raise this issue in another forum. Mr. Parlon: This Government is the most open Mr. Costello: The motto of the Progressive and transparent ever. Democrats was to be radical or redundant and to move out into new ground and avoid standard Mr. Durkan: This from the man who emascu- provisions. I still believe the only argument for lated the Freedom of Information Act. He must retaining this provision is that it is a standard pro- be joking. vision. It has no merit in its own right. Mr. Costello: It is a big lie. Amendment put and declared lost. Mr. Durkan: It is the brashest statement I have Mr. Costello: I move amendment No. 14: ever heard. In page 13, after line 48, to insert the Mr. Parlon: The House was going through its following: business fine until the Deputy intervened. “(2) The Freedom of Information Act 1997 shall apply to the Authority.”. Mr. Durkan: The Minister of State was doing well until he made his statement. This matter is an old hobby horse of mine. We introduced the Freedom of Information Act so Mr. Parlon: Has the Deputy any involvement there would be access to important matters that in the debate? seem to be shrouded in mystery within the bowels of the State. All legislation should be subject to Mr. Durkan: So much for freedom of the Freedom of Information Act unless specifi- information. cally excluded rather than being excluded and listed further down the line as legislation that Mr. Parlon: The Minister agreed on Committee becomes subject to the Act. We are putting the Stage that the property registration authority 1935 Registration of Deeds and Title 6 April 2006. Bill 2004: Report Stage 1936

[Mr. Parlon.] There is much less freedom of information now should, in principle, be subject to the Freedom of than before the Government entered office. Sig- Information Act 1997 in the same manner as the nificant costs and restrictions have been placed Land Registry and Registry of Deeds. However, on ordinary citizens accessing information that instead of amending the primary legislation as should be readily available. proposed in the amendment, it is intended to include the authority in a set of regulations cur- Amendment put and declared lost. rently being drawn up by the Department of Fin- ance that will extend the application of the 1997 Mr. Parlon: I move amendment No. 15: Act. In page 16, line 34, to delete “service” and substitute “Civil Service”. Mr. Costello: That is something. We have moved further down the road and I welcome the This is a drafting amendment. Minister’s progress. Section 15, which I will try to amend, states: “Unless otherwise provided for by Amendment agreed to. law, a person shall not, without the consent of the Authority, disclose any confidential information Mr. Parlon: I move amendment No. 16: obtained while performing, or as a result of hav- In page 18, line 16, to delete “and” and sub- ing performed, duties as a member of the Auth- stitute “or”. ority or advisory committee or as a consultant or an adviser appointed by the Authority”. This is This is a drafting amendment. a gagging mechanism and I am concerned that Amendment agreed to. previously established parameters in the Bill are restrictive in terms of freedom of information. It Mr. Parlon: I move amendment No. 17: will be difficult for any worthwhile question under the Freedom of Information Act to elicit In page 20, to delete line 39. useful information because of the confidentiality clause contained in this section. It puts the auth- Amendment agreed to. ority on notice that there should be no disclosure of information in so far as is possible without the An Leas-Cheann Comhairle: Amendments authority of the body. Nos. 18 and 19 are related. Amendment No. 19 is There is no sign of whistleblower legislation in alternative to amendment No. 18 and these section 15, which tells authority members to keep amendments will be discussed together. quiet and, if they open their mouths, they could be in trouble. I am not happy with this type of Mr. Parlon: I move amendment No. 18: gagging legislation. It is not standard practice in legislation. Wherever applicable, State bodies In page 22, to delete lines 21 to 23 and substi- should be subject to the Freedom of Information tute the following: Act’s provisions and disclosures should be “(2) Subsection (1) does not affect— permitted. (a) any judgment or order given or made before the commencement of this Mr. Parlon: In my responsibility as Minister of section in any proceedings, including State at the Department of Finance, I extend the appeal proceedings, or applications of the Freedom of Information Act annually, including to new agencies, authorities (b) any proceedings pending at such or whatever. Deputy Costello referred to putting commencement, in relation to the the cart before the horse, but that does not apply execution of a deed.”. in this instance. The Government is committed to The Minister agreed on Committee Stage to extending the Freedom of Information Act to the examine the need for a provision on the lines pro- RSA as soon as it is established. Confidentiality posed by Deputy Costello. Having done so, the is a significant issue, as are sensitivities in respect Minister is satisfied that such a provision is war- of freedom of information and, in particular, the ranted and, accordingly, has tabled this amend- ownership of land. Regarding the provisions to ment, which has the same effect as the amend- which the Deputy referred, they are intended to ment proposed by the Deputy. protect confidentiality in the above areas. Mr. Costello: I thank the Minister for address- Mr. Costello: Irrespective of the section, I ing this issue of constitutionality. I will happily accept the Minister of State’s point on confiden- withdraw my amendment. tiality in terms of important and sensitive infor- mation relating to titles and so on, but the thrust Amendment agreed to. of my amendment concerns the broader issues of transparency, accountability and freedom of Amendment No. 19 not moved. information. Most people would agree that the opposite to the Minister’s comments is the case. Mr. Parlon: I move amendment No. 20: 1937 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Order for Second Stage 1938

In page 32, line 25, to delete “payable.”.“ and “acquires the fee simple in land under the substitute “payable;”.”. Act of 1967 or Part III of this Act”. This is essentially a drafting amendment which is Amendment agreed to. intended to clarify the meaning and presentation of this provision. Mr. Parlon: I move amendment No. 21: In page 33, line 13, to delete “Land Registry” Amendment agreed to. and substitute “Authority”. An Leas-Cheann Comhairle: Recommittal is This is a drafting amendment. necessary in respect of amendment No. 27 as it does not arise from Committee Stage pro- Amendment agreed to. ceedings. Bill recommitted in respect of amendment An Leas-Cheann Comhairle: As amendments No. 27. Nos. 22 and 23 are related, they will be dis- cussed together. Mr. Parlon: I move amendment No. 27: Mr. Parlon: I move amendment No. 22: In page 38, after line 18, to insert the In page 34, to delete lines 35 to 41 and substi- following: tute the following: “78.—(1) Part 1 of the First Schedule to “(a) sections 28, 32(2), 32(3), 51(3), 51(4), the Ombudsman Act 1980 is amended by the 62(5) and 64(3) of that Act are repealed, and insertion of “Property Registration Auth- ority” after “Registry of Deeds”. (b) section 105 (certificates) thereof— (2) Part 1 of Schedule 1 to the Ombuds- (i) applies only in relation to land certifi- man for Children Act 2002 is amended by cates and certificates of charge issued the insertion of “Property Registration before the commencement of this subsec- Authority” after “National Museum of tion and not already cancelled, and Ireland”. (ii) ceases to have effect 3 years after This new section is being introduced to ensure the commencement of subsection (2).”. the property registration authority is subject to This amendment covers two matters. First, the both the Ombudsman Act 1980 and the Ombuds- presentation of subsections (1) and (2) has been man for Children Act 2002, in the same manner adjusted to improve comprehension of the as the Land Registry and the Registry of Deeds, section. Second, the Minister proposed to amend which are already included in Schedules to both the provision relating to section 105 of the Regis- Acts. tration of Title Act 1964 following discussions with the Department of Finance and the Land Amendment agreed to. Registry. The amendment provides that section 105 will cease to have effect after the expiration Bill reported with amendment. of the three year period referred to in section 2. Not to make this change would mean the land Bill, as amended, received for final consider- certificate would continue to be required for any ation and passed. future dealing with the land in question, despite the fact the land certificate itself would no longer An Leas-Cheann Comhairle: As the Bill is con- have any force or effect. sidered by virtue of Article 20.2.2o of the Consti- tution to be a Bill initiated in the Da´il, it will be Amendment agreed to. sent to the Seanad. Mr. Parlon: I move amendment No. 23: Energy (Miscellaneous Provisions) Bill 2006: In page 35, line 2, to delete “section” and Order for Second Stage. substitute “subsection”. Bill entitled an Act to amend the law relating Amendment agreed to. to electricity and the regulation of the electricity industry and the natural gas industry and to Amendments Nos. 24 and 25 not moved. provide for related matters. Minister of State at the Department of Mr. Parlon: I move amendment No. 26: Communications, Marine and Natural Resources In page 38, lines 2 and 3, to delete all words (Mr. Browne): I move: “That Second Stage be from and including “acquires” in line 2 down taken now.” to and including “land” in line 3 and substitute the following: Question put and agreed to. 1939 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1940

Energy (Miscellaneous Provisions) Bill 2006: market players and has the power to regulate Second Stage. prices charged to certain gas customers. The CER assumes an active regulatory stance Minister of State at the Department of with regard to the operation, maintenance and Communications, Marine and Natural Resources development of the electricity and gas trans- (Mr. Browne): I move: “That the Bill be now read mission and distribution networks. Partnered a Second Time.” with this role, it also has responsibility for the It is particularly appropriate that this Bill is approval of tariffs for third party access to these being considered by this House, given the systems. In carrying out its various functions and renewed debate at European level on the need responsibilities, the CER has a statutory obli- for a common European energy policy and the gation to exercise its powers in a manner which changing energy landscape internationally. The in respect of electricity, does not discriminate Bill, when enacted, will provide an important unfairly between holders of licences, authoris- component in driving forward the Government’s ations and the Electricity Supply Board, or progressive energy agenda. Given Europe’s between applicants for authorisations or licences; dependence on a small number of external sup- with regard to gas, does not discriminate unfairly pliers, and security of supply issues, this Bill is between holders of licences or consents and Bord timely. Increasing demand on fuel resources, and Ga´is E´ ireann, or between applicants for consents concerns about long-term availability of supplies or licences; and protects the interests of final are driving forward the need for consensus on a customers of electricity or gas or both. wide range of energy issues. Given its already wide-ranging knowledge and This Bill forms a key part of the Government’s experience of both the gas and electricity markets priority legislative programme. It is the result of and its statutory responsibility to carry out its ongoing consultation between officials of my activities in a fair and impartial fashion, the CER Department, the Commission for Energy Regu- is evidently best placed to tackle the additional lation, CER, and key market players. For the functions and responsibilities proposed by the convenience of the House, a detailed explanatory provisions of this Bill. I shall now address these memorandum has been published which provides provisions in more detail. a synopsis of the Bill’s provisions. The Bill pro- Section 3 of the Bill amends the Electricity poses to assign additional functions to the CER, Regulation Act 1999, hereafter described as the which is the independent body responsible for 1999 Act, by providing that it shall be a new func- regulating and overseeing the liberalisation of tion of the CER to participate in the development Ireland’s energy sector. These new responsibil- of an all-island energy market. Currently, policy ities include participation in the development of on such a market is encapsulated in the aII-island an all-island energy market, regulation of the energy market development framework pub- activities of electricity and gas installers and the lished in November 2004 by the Minister and his regulation and promotion of natural gas safety. then Northern Ireland ministerial counterpart, Other provisions of the Bill include amending Barry Gardiner MP. the definition of combined heat and power, CHP; The framework, produced in consultation with the conferral of power on the Minister to issue the two regulatory authorities and with energy stakeholders, sets out the commitment of both policy directions to the CER; provision for the Governments to achieving a single energy market full opening of the natural gas market; and pro- that will contribute to a more secure and cost vision for the taking of emergency measures by efficient service for all consumers. It includes a the Minister in the event of a sudden crisis in the high level development programme setting out energy market. goals and timeframes over the next few years for In order to contextualise the various provisions an all-island approach to electricity, gas and sus- of the Bill, I propose to speak briefly on the tainable energy. important role played by the CER in discharging In order to further this commitment to an all- its statutory functions. Established as the inde- island energy market, section 3 provides that the pendent regulatory body with responsibility for CER will also be granted the power to arrange electricity under the Electricity Regulation Act for the establishment of a “single market oper- 1999, the CER’s powers and responsibilities were ator” which will, when established, operate a extended under the Gas (Interim)(Regulation) system of contracts and arrangements for trading Act 2002 to cover regulation of the natural gas in electricity on the island of Ireland. This market. As the independent regulator for the measure will serve to underpin the ongoing co- electricity market, the CER facilitates compe- operation between the CER and their counter- tition by authorising the construction of new gen- parts in Northern Ireland in developing the all- erating plant and licensing companies to generate island energy market. and supply electricity. The CER also has The resulting integration of the energy markets responsibility for the regulating of prices charged on the island as a whole will, overtime, result in to customers by the ESB, in its capacity as public a number of positive benefits, which include the electricity supplier. Within the gas sector, the removal of market distortions and the minimis- CER grants licenses to suppliers and other ation of the upward pressure on wholesale elec- 1941 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1942 tricity costs. It will also create a more attractive specified reasons, including where work carried location for investment in new electricity gener- out by that member is unsafe or of an unsatisfac- ation within the island of Ireland and serve to tory standard. improve overall security and reliability of elec- In order to ensure fairness and transparency in tricity supplies throughout the entire island. the activities of any such body, and between such Whereas section 3 provides for the develop- a body and its various members, any fees or ment of an all-island energy market, sections 13 charges imposed by any such body will be subject and 14 of the Bill amend the Gas Act 1976 to to CER approval. Furthermore, any decision by provide for the full opening of the natural gas such a body to suspend or revoke the member- market. The section provides that any person ship of one or more of its members will be subject shall be entitled to switch his or her natural gas to appeal to the CER. supplier if he or she so wishes. It further provides Both sections also provide that the CER shall that a natural gas supplier acting on behalf of any have responsibility for the following associated person may be granted third party access to gas measures relating to the activities of electrical pipelines or facilities. The upshot of these pro- contractors and gas installers. It will have the visions is that the benefits of liberalisation pre- power to appoint authorised officers for the viously enjoyed by industrial and commercial inspection of electrical or gas works; the desig- consumers will be extended to all natural gas nation, by means of regulations, of certain works customers, allowing them to shop around for as being solely the province of electrical contrac- their supplier and to obtain the best value for tors or gas installers, as appropriate; the desig- their money. The market will then be fully con- nation of the requirement for completion certifi- testable. cates for specified works carried out; and the It is important to note these sections include a power to prosecute rogue installers or con- commencement provision, which serves to ensure tractors. the market will be fully open no later than the 1 Section 11 also provides for a natural gas trans- July 2007 deadline set by the EU directive mission system operator and a distribution system requirements. However, so as not to delay operator to appoint a gas emergency officer, with matters unnecessarily, and should the necessary powers to enter land and take emergency administrative and technical measures be in place measures, where there is a danger to a person or prior to this date, provision is also made allowing property arising from natural gas. This reflects the Minister to make an order or orders to open the particularities of the use of gas as a source the gas market either in part, or in whole, in of energy, such as its combustible nature and the advance of this deadline. means by which it is transported, as well as the Turning to the new powers and responsibilities multi-operator environment envisaged for the to be allocated to the CER, sections 4 and 11 of market. The CER will also have the power to the Bill amend the 1999 Act by providing for the appoint a gas safety officer to assist in the carry- regulation by the CER of electrical contractors ing out of its new gas safety functions. and gas installers, respectively. These sections, in Section 12 is an enabling provision, which acts conjunction with section 8, which provide for the as an addendum to section 11, allowing the Mini- taking of emergency measures in certain specified ster to make an order to extend certain of the circumstances, and section 10, which covers the BiII’s natural gas safety provisions such as regu- issue of natural gas safety in general, demonstrate lation of installers to include liquefied petroleum that central concerns in the drafting of the Bill gas, LPG. Whereas sections 4 and 11 focus on the were the issue of safety and security of supply in activities of individual tradespersons in order to so far as they relate to energy matters. It is with provide for proper regulation of their activities, this in mind that I am particularly pleased to put the purpose of section 8 is to take account of the forward these provisions for the consideration of probability, however remote, of a sudden crisis Members of the House. taking place in the energy market. Its provisions Sections 4 and 11 provide that the CER may are, therefore, designed to ensure the physical establish standards of training for both electrical safety and security of persons and energy infra- contractors and gas installers in regard to safety structure, as well as the integrity of the trans- in their areas of work. Under the provisions of mission and distribution systems for natural gas the Bill, the CER will have the power to desig- or electricity, are protected. Under the section’s nate persons to be electrical or gas safety super- provisions, the Minister can, where there is such visory bodies, which will be required to operate an evident cause of major concern within the in accordance with criteria and procedures pub- energy market, by order, direct the CER or cer- lished by the CER. Under CER oversight, these tain electricity or natural gas market players to bodies will be allocated responsibility for the take whatever safeguard measures the Minister registration of electrical contractors and gas considers necessary with regard to the circum- installers, as appropriate. They will have the stances. It is important to note, however, that this power to inspect work carried out by their various is not a carte blanche provision. ln making such members, monitor and review the training of an order, the Minister will be obligated to ensure their various members and suspend or revoke the that, whatever action is taken under this section, membership of one of their members for certain the potential impacts to the gas and electricity 1943 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1944

[Mr. Browne.] ster, secure the construction of an interconnector markets are kept to a minimum. Also, any direc- by specified means, including by competitive tion given must not go beyond what the circum- tender; by authorisation granted without a prior stances of the particular crisis dictates. A stan- competitive tender, but which must be seen to be dard revocation-amendment provision is included necessary and in the long-term interests of final to allow for the fact that such crises are likely to customers; or directly, by requesting the trans- be, by their nature, short-term. These provisions mission system operator to provide for its con- are in line with EU requirements on security of struction as part of the CER’s development plan. energy supply. Provision is also made to ensure an intercon- As previously outlined, section 10 of the Bill nector operator shall offer access to the intercon- serves to expand the functions of the CER to nector on the basis of published non-discriminat- include the regulation and active promotion of ory terms, which will be subject to the approval natural gas safety. ln this context, the CER will or, if deemed necessary, the direction of the be required to consult the National Standards CER. To ensure fair play between interconnector Authority of Ireland regarding standards and operators and applicants for access to the inter- specifications relating to gas safety. The purpose connector, a dispute appeals mechanism is also of this provision is to copperfasten Ireland’s con- provided for with the CER as final arbiter. tinued success in meeting with international best While concentrating in the main on new func- practice. Similar to section 11, section 10 also tions to be allocated to the CER, the Bill also takes account of the nature of gas as a source of provides for the improvement of its inner work- energy. Towards this end, the section imposes ings and administration. Towards this end, certain obligations on the CER as to how it will section 9 provides for an acting chairperson to be regulate natural gas safety. Under the section, the appointed to the CER by the Minister in circum- CER, having consulted with the Minister, will be stances where the chairperson is unavailable to required to establish and implement a natural gas perform his or her duties or functions. This allows safety framework. This framework must include, for a degree of flexibility in the inner workings of but is not limited to, inspection and testing the CER and takes account of the various contin- regimes for downstream transmission and distri- gencies which can occur outside the normal day- bution pipelines, and for storage and liquefied to-day operations of any organisation. natural gas facilities. Any such framework must Further flexibility in the internal workings of also focus on the regulation and certification of the CER is provided for by allowing the chair- natural gas installers and provide for procedures person to have a casting vote where a difference for the investigation of complaints against them. of opinion has not been resolved through the Furthermore, in the interests of transparency, usual decision-making process. Such a mechanism the CER will be required to report to the Mini- is a standard provision, in this case modelled on ster on an annual basis on the functioning of this similar mechanisms governing the workings of framework. The CER will also have the power the Commission for Communications Regulation, to direct natural gas undertakings to advise their ComReg. To enhance the accountability of the customers and the public as to natural gas safety. CER to both the Minister and the Oireachtas, By providing for a gas safety framework, for while also reflecting the reality of the day-to-day reporting mechanisms to be in place, and for the business operations of any publicly accountable power to issue directions, a more comprehensive body, the appropriate timing of the submission by and holistic approach to natural gas safety will be the CER of its annual accounts and work prog- achieved. Apart from issues relating to safety and rammes is provided for. security, the Bill also serves to rectify an impedi- Again, using similar provisions governing the ment in current legislation. It goes without saying activities of ComReg as a template, section 6 pro- that east-west and north-south electricity inter- vides that the Minister may, in the interests of connection are critical planks of the Govern- the proper and effective regulation of both the ment’s energy policy. Both can provide strong electricity and natural gas markets, give general physical links with Northern Ireland and main- policy directions to the CER relating to the exer- land UK, and will serve to integrate Ireland into cise of its statutory functions. It is important to wider European markets. note that such powers would be used sparingly Section 7 amends the 1999 Act for the purpose and always in the public interest. Any policy of providing for an electricity interconnector direction which the Minister may wish to put for- owned by a person other than the ESB to be sub- ward will be subject to a public consultation pro- ject to authorisation and licence granted by the cess. Such a process can serve to improve upon CER. For technical reasons relating to the defini- the modus operandi of the CER by increasing its tion of the electrical transmission system, the awareness of public concerns and issues. section also provides that such an interconnector Section 5 amends the Act of 1999 by replacing shall not be part of the transmission system the definition of combined heat and power, CHP, except where it comes to the issue of calculating with a new definition of CHP as set out in and imposing charges for the transmission Directive 2004/8/EC, and by providing for the system’s use. Under the provisions of the section, methodology through which the various forms of the CER may also, with the consent of the Mini- CHP can be calculated. CHP is the simultaneous 1945 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1946 generation of useable heat and electricity in a sin- energy requirements, to recognise the instability gle process. It makes use of the heat produced in of energy markets and supply, especially arising electricity generation instead of releasing it into from developments in eastern Europe, and to the atmosphere and has a less detrimental effect recognise the need to provide to a much greater on the environment than if heat and power were extent, from within our own resources, by one produced independently. It is not strictly a renew- means or another, for alternative energy pro- able energy but contributes to general energy duction and for research and development into efficiency and can make considerable energy sav- such production. Unfortunately the Bill does not ings for businesses and industry. contain any of those, although it refers to them. The new definition will facilitate the establish- It deals with what are largely housekeeping issues ment of a guarantee of origin system for high which essentially should have been dealt with efficiency CHP, establishment of appropriate about four years ago. support mechanisms and reporting to the Euro- pean Commission as required by the directive. It Mr. Broughan: Hear, hear. is an important step in ensuring that support for CHP in Ireland can be targeted to achieve opti- Mr. Durkan: Four years ago would have been mum energy efficiency and environmental protec- the time to introduce this Bill, and over the tion. Section 5 also provides for the appointment intervening period we could have developed the by the Minister of a person who will be allocated industry to the extent to which we now require it responsibility for the calculation and certification to be developed. I notice that one section of the of power-to-heat ratios of specific CHP units. Bill allows for the Minister to take emergency Section 15 deals with a further legal lacuna by action, as it were. When one gets to the stage of providing that a 10% capital stockholding in the emergency action it is too late. If Ministers and ESB be vested in the Minister to give him or her the various agencies do their job, the requirement the same legal entitlement as other capital stock for emergency, fire-brigade action should not shareholders. The Minister, the person to whom arise. I emphasise that especially in the energy the ESB normally reports in a shareholding capa- industry. Everyone knows that a major blackout city, does not have any shareholding represen- or power failure is an emergency. That is when tation in the company and, accordingly, does not things start to hop and when everything begins to have the rights and obligations of other stock- boil except the kettle. That is when everybody holders, such as voting rights at annual general will realise it is too late. It should not come to meetings. At present, the issued capital stock in that juncture. the ESB is apportioned between the Minister for The flaws are as I have already outlined. The Finance — 95% — and the employee share Bill does not provide for the development of the ownership plan — 5%. Following consultation alternative energy sector. It merely refers to with the Office of the Attorney General and the energy in general. It does not take account of the Department of Finance, it was agreed to rectify fact that in Ireland we have a 90% dependency this matter through the divestment by the Mini- on imported fossil fuels for energy. Although the ster for Finance of 10% of the capital stock to the legislation could and should address that issue, it Minister for Communications, Marine and does not. Natural Resources. The Bill takes account of the need to give more The Bill is an important measure in the deliv- powers to Commission for Energy Regulation. I ery of the Government’s developing energy am sure the regulator needs increased powers to policy. By focusing on the issue of safety while supervise the industry. However, the Bill also also taking account of the need to progress the refers to the fact that in the regulation, there is a integration of an all-island market for energy, the necessity to pass on to the consumer the benefits Bill will, on enactment, have considerable of deregulation. I question what the benefits to benefits for all electricity and gas consumers, be the consumer have been. Since deregulation was they industrial or domestic. The Minister and I thought of, the regulator has devoted most effort look forward to working closely with the CER on to suggesting increases in energy prices to the ensuring the speedy implementation of the BiII’s consumer. I do not know how that comes about various provisions following enactment. I there- but the consumer has begun to pay through the fore look forward to listening carefully to the nose. The Minister remains coy on this issue, does views of Members of this House on this important not want to get involved, and never will want to legislation and their assistance in progressing the get involved. The Minister does not want to come Bill into law. to the House and seek permission to raise the price of electricity to the consumer. This will be Mr. Durkan: I welcome the Bill for what it con- done by the regulator in the future, as it has tains, which is not very much. That is not a criti- already been done over the past three years by cism of the Minister of State. When so much the regulator in respect of electricity and gas. The attention is focused on the energy industry, not Bill as it stands merely gives legislative effect to only here but throughout Europe and worldwide, the powers the regulator already has, or should I would have expected the Bill to contain some have and should have operated, to the benefit of earth-shattering proposals to deal with future the consumer. 1947 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1948

[Mr. Durkan.] impetus that can only come from Government, Let us consider other matters to which the Bill not from CER or anywhere else. If it gets that does not refer. It only refers in passing to EU support we can identify the optimum mix of energy policy. As we all know, the European energy that will be required for the foreseeable Union, like the rest of the world, has taken time future while maintaining our economic inde- out to focus on the issue of energy, or lack of it pendence. as the case may be. Suddenly, great emphasis is The Bill refers to the all-island energy market. now being placed throughout Europe and the That is desirable and I welcome it. It is important world on how to allow countries become less for Ireland. We all support that concept. The dependent on imported oil or other fuels. In the market in Ireland is not the biggest market in the rest of Europe, a different situation prevails. world although it has improved. We need to Whether we like it or not, they have access to produce energy as competitively as other Euro- other energies. They have a much higher level of pean mainland countries otherwise our economic hydro energy, research and development and position will be affected. The Bill should have work done in developing alternative energy identified as its first objective how to deal with sources throughout Europe and they have the optimum mix of energy. The Minister nuclear energy. The Bill should have obtained an referred to combined heat and power and so on, analysis of the right marriage of fuels to be used and that is part and parcel of the evolution of the in the future energy industry. I emphasise that energy industry but did not refer to the optimum simply because it is being done in Europe over mix of energy. That indicates a lack of forward our heads. We have only two parts of the equ- thinking. ation: we have hydro to a limited extent and wind We need short, medium and long-term dove- energy to whatever ever extent we want, tailed energy plans, so that in quickly changing depending on the degree to which we can contain circumstances it is possible to adapt policies and it within the grid. We do not have nuclear energy. adopt new policies capable of meeting the That is not an option for us. We are out of that requirements of the market. I refer to both the part of the equation altogether and we must industrial market and the domestic market. As remain out of it. However, we have to develop the market grows we become more vulnerable if some other element that will ensure we can avail we are dependent on outside sources. I would like of the maximum amount of wind energy and bio to see a huge emphasis in the area of research fuels and at the same time ensure continuity of and development and a special effort being made supply, all of which requires a fair amount of to identify the optimum marriage in terms of the ingenuity. mix of fuels used and the whole area of research and development progressed to a much greater Mr. Broughan: Has anyone asked Mr. David extent. McWilliams where we will put the nuclear An issue that comes to our attention from time reactor? to time is that the regulator will be used as a shuttlecock. If something nasty has to be done, Mr. Durkan: That is the old story. out will come the regulator. If there is to be an increase in energy prices the regulator will Mr. Broughan: Will it be in Wexford? appear. However, if there is good news a Minister will be out on the plinth to make the Mr. Durkan: Absolutely. Could it be like the announcement. incinerator for Ringsend where one Minister said It was mentioned earlier that the ESB no it shall not be in Wicklow and another Minister longer reads meters on a bimonthly basis. Meters said it shall not be in Ringsend? In that case we are supposed to be read four times a year but could be treated to the unthinkable spectacle at they are not in many cases. Recently I received a the next general election of two Ministers up the communication from a lady in the greater Dublin same pole, at the same time, one telling the area whose meter was read once in two years. In people of the benefits of incineration and the that case the consumer receives a bill incorporat- other with a placard saying, “I will defend your ing arrears that occurred since the previous esti- right to say no”. I am not suggesting the Minister mate was taken. If the meter was read in mid- of State will be part and parcel of that type of summer an average assessment would be made of hypocrisy. This whole area will have a huge the bill based on that. However, two years later, impact on our economic development side by side the arrears which have accrued are calculated at with our European colleagues. the price of electricity at current costs not as it There has been virtually no research and was charged two years ago. I am sure the Minister development into alternative energy here or into of State will get hurried notations stating that is how we break from our dependence on fuel incorrect. However, it is correct and that is what imports. We have one or two notable exceptions. is happening. There are consumers who argue University of Limerick, Dundalk IT and Univer- against having to pay the current price, inclusive sity College Cork have spent a considerable of increases that have taken place over the past amount of time and expertise in this area. two or three years. In his reply I am sure the However, it needs much more support and a huge Minister of State will deal with that issue and I 1949 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1950 will refer his reply to all those who have com- vious occasions, it is essential that the highest plained to me, and there are many. I am sure the possible health and safety standards apply to the Minister of State received one or two such extraction and conveyance of natural gas. Irres- complaints. pective of the companies involved in transporting As I have not had an opportunity to do so until this product, they must all comply with the spirit now, I welcome the Minister of State to the and letter of the law, as every other citizen must Department of Communications, Marine and do. No exceptions should be made and no corners Natural Resources. Though he is in the Depart- cut in the provision of the infrastructure required ment only a short time I have no doubt he will for natural gas production and transport. Any receive a baptism of fire in that area. attempt to do so would have a negative impact on the community at large and the development Mr. Broughan: He was in that Department of the energy industry, particularly the natural gas before. sector. I am not apportioning blame but pointing out that some actions taken in the past were not Mr. Durkan: He is welcome back. carried out in the proper fashion or sequence. If they had been, we would not have reached the Mr. Broughan: It is a return to the hot seat. impasse in which we have found ourselves in recent years. Mr. Durkan: It is. Ministers should take an In the event that further major gas resources interest in that area. It should not be up to a regu- are identified, it would not make sense to repeat lator, notwithstanding the fact that the regulator the nonsense of digging up trenches and laying has been busy in recent years ensuring that elec- pipes and then taking them up again or welding tricity and gas prices have been increased. The pipes together and then cutting them into shorter price increases relate to worldwide energy prices. pieces. We must never again rush ahead without We had this argument many years ago with Bord regard to compliance with regulations before na Mo´ na when prices increased from £16 per admitting that it may have been preferable to tonne to approximately £60 per tonne, which was have taken option X, Y or Z. We all know what quite an increase. The reason for this was the should have been done. international fuel scarcity and fluctuations in the Incidentally, the areas of mining, prospecting market. It was probably good from the point of and oil and gas exploration are no longer new. view of Bord na Mo´ na in respect of its viability These activities have taken place many times the but it was not good for the consumer. Likewise, world over and Ireland is no exception. For this in the case of the increases in recent years the reason, it is no longer excusable to argue that poor unfortunate consumer has been left to the Ireland is in the early stages of developing these elements. products. They are in development worldwide The Bill correctly deals with safety regulations and we must avail of worldwide technology and in respect of installers and instructors in the gas observe optimum health and safety requirements and electricity industry. Those involved in instal- when volatile products such as natural gas are lation in either industry must be top-class pro- fessionals who observe the rules and regulations. being developed. The key element is the level of inspection, as this The merits of conferring further powers on the dictates the degree to which standards are Commission for Energy Regulation are debatable observed. Although I had doubts about some of but I will address them at a later stage. In general, these issues in the past, I welcome these aspects however, the more power that is devolved from of the Bill. Ministers’ offices to outside bodies, the less A well-known installer of central heating power the House has and the fewer the number informed me that a similar requirement, above of opportunities Members have to raise questions and beyond standards applied heretofore, is in and have Ministers answer them in the House. It force in the central heating sector for reasons of also gives the poor, over-worked Ceann Comh- energy efficiency and safety. Safety is an issue airle more opportunities to tell Members the because there have been cases of boilers explod- Minister has no responsibility for certain matters. ing. The domestic central heating sector has made I could paper the walls of my house with the considerable advances in the past ten years, with number of letters I received from the Ceann significant increases in efficiency achieved and Comhairle in recent days informing me that cer- stricter safety standards in place. As a result, sig- tain questions I have raised are matters for the nificant savings can be achieved by homeowners Commission for Energy Regulation. I have since and the owners of commercial premises, provided discovered that this Bill confers powers on the the highest possible safety and efficiency stan- CER which the Ceann Comhairle believed it dards are applied. already enjoyed. Is that not a quare conundrum? I presume the health and safety regulations will How would the Acting Chairman, Deputy address circumstances such as those that have Cowley, deal with that matter? arisen with regard to the Corrib gas pipeline, an issue which has occupied the minds of many Mr. Broughan: The Ceann Comhairle often people in recent years. As I have stated on pre- makes up legislation. 1951 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1952

Mr. Durkan: It is unfortunate when it tran- my teeth listening to people giving advice that spires that the Ceann Comhairle mistakenly issues should be discussed at committee meetings. believes a body has powers it does not possess. This is the national Parliament, the place where The legislation before the House confers on the these issues should be thrashed out in the first Commission for Energy Regulation the same instance. Minor details can be dealt with by the powers the Ceann Comhairle believed it already committee but here, in Parliament, is where the held. job is done or not done. The day the Minister delegates his authority to anywhere other than Acting Chairman (Dr. Cowley): I suggest Parliament is the day he will be sorry. More Deputies refrain from referring to the Ceann importantly, it is a day the population will regret Comhairle when he is not present. Perhaps the because that is the day accountability will recede Deputy could raise the matters with the office of from the people, which is a serious development. the Ceann Comhairle, rather than in the House. I will not go through the list of functions for Mr. Durkan: I do not accept the Chair’s which CER is already responsible. The kind of suggestion. crimes CER could be accused of, the areas in which CER has been unable to deliver and the Mr. Broughan: Deputy Cowley is a loyal Chair things it should be delivering are so many and given that he has suffered at the hands of the varied that I am glad CER does not have to run Ceann Comhairle. for election. If it did, it would be in deep trouble. Its remit ranges from energy prices to access to Mr. Durkan: I am certain the Ceann Comhairle the grid to the provision of various services, such would be energised and delighted to learn that I as telecommunications to the Black Valley and raised this matter. such places. There is probably a need for a regulator. It is Mr. Browne: The Deputy will be reprimanded a European concept. How did we manage before next week. regulators were invented? Mr. Durkan: When I raised this issue on the Order of Business this morning, the Ta´naiste Mr. Broughan: The Government did it. informed me I would have an opportunity to raise it during the debate on this Bill. I have received Mr. Durkan: Regulators were introduced after six items of correspondence from the Ceann the American Civil War to ensure everything was Comhairle indicating that the Minister has no regulated. However, markets have a tendency to official responsibility to the Da´il for matters I regulate themselves. Unfortunately, in this coun- raised because they fall within the remit of the try regulation appears to have regulated prices Commission for Energy Regulation. The issues in for the consumer in an upward direction. question concerned procedures regarding liberal- Although 2007 is approaching, with the prospect isation and deregulation to enable easy access to of full deregulation, there appears to be a great the electricity market for alternative energy sup- difficulty—— pliers. I am informed I cannot raise these matters with the Minister in the House but must write a Mr. Browne: It is a general election year as letter to the Commission for Energy Regulation. well. Perhaps I would then receive an answer at some point, much like the position with regard to ques- Mr. Durkan: It is. tions on the health service. The worst aspect of this is that the energy regu- Mr. Browne: It will be May 2007. lator cannot come before the House to answer questions. We must face up to this problem. An Mr. Durkan: I am glad the Minister had the Opposition Deputy would have received an temerity to raise that issue. It is grand to see those answer to virtually any question 20 years ago who are condemned speak openly about the when a plethora of highly competent officials in execution. I do not mean that in the literal sense, the various Departments were ready, willing and of course, but some type of retribution will be able to provide good and accountable answers to exacted by the population who have been waiting questions. More important, they were account- patiently, in every hole and corner—— able in and to Parliament.

Mr. Browne: The Joint Committee on Mr. Browne: We will see. Communications, Marine and Natural Resources, of which the Deputy is a member, can call in the Mr. Durkan: ——for the Government to Commissioner for Energy Regulation at any time emerge and give an account of its stewardship to ask him questions. over the past number of years. Woe betide the Government. Mr. Durkan: It is unfortunate the Minister of State has raised that matter because I am sick to Mr. Browne: It will be three in a row. 1953 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1954

Mr. Durkan: I would not go that far. Do not regulation of gas installers and the introduction mention the war. I advise the Minister to go care- of gas emergency officers and gas safety officers fully in that context. and are useful and important legislative pro- visions. Likewise, sections 6 and 8, dealing with Mr. Broughan: When did Wexford last win ministerial directions to CER and Government three in a row? It was during the First World emergency powers relating to energy, are also War. timely in the context of the dramatic and rising importance of public energy policy in every state. Mr. Browne: In 1914, 1915 and 1916. We won Section 5, which implements Directive 2004/8/EC in football as well. on combined heat and power, is another useful step to improve energy efficiency in this country. Mr. Durkan: The Bill is welcome as far as it However, there has been a long wait for this goes. It puts in place a statutory basis for what legislation and, for that reason, the extremely regulators are supposed to do effectively. We modest nature of the Bill is surprising. In fact, have yet to see evidence that deregulation will be there is a strong suspicion that this legislation has of benefit to the consumer. I look forward to that been precipitated by recent threats from the because it is not obvious yet. I hope it will be. European Commission regarding the failures of The Bill does not contain any short, medium or national governments, including Ireland’s, in their long-term plans for the provision of an energy energy markets. Ireland is one of the 17 countries sector that will be self sufficient, will reduce now being processed for legal action in this dependency on overseas energy and ensure conti- regard due to the failure of the Minister, Deputy nuity of supply. Noel Dempsey. The Bill does not deal with the future of the It is clear from the indictment by the European ESB. The Government could have mentioned the Commission on Tuesday that the Minister, ESB somewhere in it. The ESB is the biggest Deputy Noel Dempsey, and his predecessors energy provider in the country. It has economies have failed to facilitate competitive markets for of scale which other providers do not have. It is Irish consumers and householders. Irish energy the pivotal provider so it has advantages over prices remain among the highest in the EU and, others. It does not have the right to prevent despite repeated Government spin, no real others from entering the market. It also does not options have been provided for householders in have the right, nor does anybody have the right, either electricity or gas. to hike the prices to make it more attractive for The EU Commission believes that the three others to enter the market. The consumer should principal elements of modern market regulation not be screwed to the wall as a result of the and initiatives to guarantee competition are not necessity to include other operators in the being developed in this country. These are the marketplace. extent of market opening, a real possibility of The Bill could have included some reference to changing supplier and the emergence of new the Deloitte and Touche report, which is funda- market entrants, with non-discriminatory access mental to the energy sector at present. There is guaranteed by strong independent regulators. not a word about it. I cannot understand how a The Commission has also called for stronger con- Bill could be introduced at this stage that does sumer protection and the universal right to not contain a reference to the Deloitte & Touche receive electricity. Given Ireland’s poor perform- report. It should have contained such a reference. ance so far in sustainable energy, it is no wonder The Bill makes countless references to CER. It the EU Commission is always extremely critical reminds me of the boy in school who was offering about our performance on biofuels and the use of excuses. He said: “Sir, Sir, Sir, Sir”, but there was renewable energy sources. nothing else. It was a series of “Sirs”. The response from the Government to the I hope the Bill means something and that it is changing and increasingly difficult energy the forerunner of something more fundamental. situation has been seriously inadequate and lacks Hopefully, we will get an indication, which we do focus. Energy legislation has been brought not now have, of how this country will be pro- through the House in a haphazard and ad hoc vided with cost effective and reliable energy manner. Not only did we have to wait an unac- which will take account of the ingredients that are ceptably long time for this updated legislation but likely to be required in the mix to ensure we can it is also striking how we lack a coherent, over- enjoy a secure energy supply in future. arching energy vision. Necessary energy legis- lation is being brought forward in a piecemeal Mr. Broughan: I welcome a number of the key and disjointed manner. In fact, the status of a provisions of the Energy (Miscellaneous further two Bills, the electricity Bill and the single Provisions) Bill. The amendments to the 1999 Act energy market Bill, is still unclear, as is the time- in Part 2 extending the functions of CER to the frame for their return to the legislative prog- all-island market are important, if belated. ramme. Should not one or both of these Bills also Sections 4, 10, 11 and 12 relating to electrical be before the House today so we can examine safety and the regulation of electrical contractors this important issue in a more consistent and serve functions relating to natural gas safety, the coherent way? 1955 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1956

[Mr. Broughan.] significant sources of untapped wind and wave Yesterday, I asked the Taoiseach on the Order power. The Labour Party believes Ireland can of Business about the protracted and paltry and should become an exporter of renewable Government approach to the new energy and energy. The recent report indicates the mechan- climate era. I asked him whether the Minister, isms in place to facilitate the development of Deputy Noel Dempsey, should have introduced a renewable resources are not currently in place to comprehensive new energy Bill, incorporating the allow greater investment in the renewables sec- limited Bill before us, the equally long promised tor. The report shows that Spain and the United single electricity market Bill and the electricity States remain at the top of the long-term renew- Bill which was on the Order Paper last year but ables index for attracting investment in the now appears to have disappeared. renewables industries as both continue to show strong growth in the renewables sector and Mr. Durkan: It has slipped away. attract the bulk of capital investment. We are all aware of the achievements of Spain in the area of Mr. Broughan: The latter Bill was intended to wind power. turn the ESB into a plc under the Companies In contrast to the dismal Irish performance on Acts. We are all aware of the long timeframe in attracting investment in renewables let us look at developing energy infrastructure, but surely the how different it is abroad. I wish to mention four Government should not have taken almost ten exemplar nations, Austria, Sweden, Scotland and years to reach the modest platform provided by Denmark. Although each of these states has this Bill. excelled in developing different renewable We learned recently that more than \1.2 mil- technologies, they have in common a proactive lion of taxpayers’ money has been spent on com- approach by government on energy policy which missioning a report by the consultants Deloitte & concentrates on the natural strengths and advan- Touche that will not be published or tages of each state in the advancement of alterna- 1 o’clock presented to the House, even though tive energy resources and the diversification of select journalists and publications the fuel mix. These nations are surging ahead appear to have obtained detailed knowledge of with increasing the role of renewable various aspects of the report and of the future of technologies in their energy mix. For example, in the ESB. Unfortunately, the energy spokes- Sweden in 2003 approximately 43.9% of elec- persons in the House have not received the same tricity was generated through renewable sources, information, which is undemocratic. including hydro, wind and biomass. The Government appears to be sleepwalking The work of the Scottish Executive has been on the issue of energy and has been for the past outstanding, despite the fact Scotland is not yet few years when most of our EU partners fully independent. The Labour led Executive, led presented major energy reviews and policies. The by Jack McConnell, has much power over Scot- United Kingdom is in the process of presenting land’s future and has taken some remarkable its second major energy review of the past three initiatives in the area of wind and wave power. years, but no comprehensive energy document The focus on renewables research and develop- has been published by our Government over its ment undertaken by the Scottish Executive in the nine years in office. The British Prime Minister, few short years of its existence puts to shame the Tony Blair, said that after physical security, measly time and resources our Government has energy security is the most important task of devoted to the same issue. Scotland has declared any government. the wish to become the “Saudi Arabia” of renew- Although energy matters have gained unpre- able energy. cedented public attention in the past six months, Austria, a densely forested region, has the past week has seen some particularly shrewdly become a world leader in the develop- important issues brought to the fore. In a new ment of bioenergy, especially biomass. In 2003, international survey published on Monday of approximately 70% of Austria’s domestically countries in which it is most attractive to invest produced power was generated through renew- in renewable energy technology Ireland dropped able sources and biomass alone was responsible from sixth to 12th place. According to the new for 11.2% of Austria’s total primary energy sup- quarterly renewable energy country attractive- ply and 21% of heat production. I know this sub- ness indices from the consultants Ernst & Young, ject is close to the Minister of State’s heart and I Ireland is ranked in 12th place, having dropped commend him for his initiatives in developing the six places over the past year. This league table use of biomass in the forestry industry in his pre- is based on an assessment of national renewable vious Department. energy markets, especially the fiscal supports and Denmark, with its significant wind resources, tariffs that are in place, the state’s renewable claims it is the leading wind power nation in the energy infrastructure and the potential renewable world. The Danes were pioneers in developing resources a state possesses. wind turbine technology and they manufacture Ireland’s ranking in the long-term index is almost half the wind turbines used all over the particularly disappointing as that index reflects world. The Danish wind industry employs the unexploited resources of a state. Ireland has approximately 20,000 people and generates 1957 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1958 almost \3 billion for the Danish economy. It is interesting that the people we represent are Approximately 5,500 gigawatts of energy was deeply interested in the area, which is hopeful. produced by wind turbines in Denmark in 2003 I warmly welcome the sections of the Bill that and this provided electricity power for approxi- will facilitate the moves towards an all-island mately 1.4 million Danish households. market. Part 2 of the Energy (Miscellaneous These four countries are examples of the route Provisions) Bill proposes critical new functions Ireland could take. It is important to discuss these for the enhanced role the Commission for Energy issues coming up to a general election so a new Regulation will perform. How will the relation- government will go forward with a coherent and ship between CER and the Northern regulator be consistent policy, based on increasing the teased out? Should this issue not be included in development of renewable, biomass and biofuel the Bill and will we need amendments on this? energy. The question for the longer term is what the There have been numerous warnings in the future will be. Will the next Government intro- past two weeks of how much our failures in deal- duce a single all-island regulator Bill? In other ing with energy change could end up costing in words will we have a single regulator and will the the next ten years. Under the new emissions trad- roles of our and the Northern regulator be ing system businesses and industrial users will merged? We have heard from Europe and Com- have to cut their level of emissions or purchase missioner Piebalgs visited us recently and gave us carbon credits on the open market. Currently the a pep talk on the importance of this issue. cost for one year’s credit is approximately \27 per However, he seems to talk about a two-island tonne. However, recent analysis in the media and market with Britain in which we will be part of a scientific journals have predicted a sharp escal- regional market. The implication is that we will ation of these prices that could end up costing have significant interconnection and must provide Irish industry between \500 and \1 billion for this. Does the Bill go far enough on this? between 2008 and 2012. There are some questions to be answered with Recently we had a debate on this portfolio and reference to interconnectors. the Minister, Deputy Noel Dempsey, warned us Earlier in the year there were reports from not to waste taxpayers’ money. Not alone is the Brussels that France, Germany and the Benelux Minister one of those primarily responsible for are in talks to set up a single electricity market as the waste of taxpayers’ money — approximately a first step towards a common energy policy. \15,000 a week will be spent on minding and pro- What are the implications of that development tecting his voting machines which are basically for us? Will we become part of a new EU elec- junk, having wasted \70 million on them — we tricity club? are now faced with a bill of approximately \1 Currently, the ESB is the dominant operator in billion. Where is the guilty Minister now? the Irish market and enjoys a market share of More ominously, taxpayers will have to pur- more than 60%. It is hoped that in July 2007, chase carbon credits if as a nation we exceed the when the all-island market is fully implemented, national limit of greenhouse gas emissions as its share will fall to approximately 43%. A great agreed under the EU-wide national allocation deal of discussion has taken place, mainly in the plan. Eirgrid has stated that the emissions trading media, about the future role of the ESB, as a key scheme will have an effect on the cost of elec- public policy instrument in the energy market. tricity generation. Therefore we will pay more However, there is virtually nothing in this Bill and not just through our taxes. This is money the that gives us any idea as to what that role might Minister for Finance could spend elsewhere. It is be in the future. ominous that in the most recent budget the Mini- ster had to allocate some of his precious funds Mr. Durkan: Not a word. towards carbon abatement, which is an astonish- ing development. Now we are told electricity Mr. Broughan: We were so burned and prices will definitely rise because of the Govern- scorched by the Eircom experience — and ment’s failure over the past nine years to take Deputy Durkan will pose questions later this climate change seriously. We dealt with a Bill afternoon on that issue and the Babcock and earlier on which a group of Government Browne situation — that there is an almost vis- Deputies stated the proponents of the Bill, the ceral fear among the people we represent, who Green Party, were mad because they wanted an believe we should not allow our key electricity annual debate on climate change in the House. transmission, distribution and generation assets Carbon credit purchase is the first obvious fin- to become the playthings of venture capitalists. ancial impact of climate change policy on tax- Energia, which is part of the Viridian Group, is payers and without serious changes to our energy the most significant independent operator in the mix, it will be the first of many. From 2012 newly liberalised electricity market, although it onwards, the burden of climate change policy will operates solely in the non-domestic sector. At be enormous. We need a radical shift in mindset present there are seven independent electricity by the Government on energy policy. We must suppliers in the market providing electricity to an start taking it seriously and discuss it, not just in estimated 42,000 customers. This represents the House but in every forum around the country. approximately 30% of the total annual electricity 1959 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1960

[Mr. Broughan.] on the Minister’s performance of directing the supply. The outcome of market opening has been other main regulator, ComReg, the new power of very disappointing so far, especially in the direction for the Commission for Energy Regu- domestic sector. Several weeks ago, for example, lation will be totally inadequate. Airtricity announced that even though it had Recent media reports have shown that many more than 8,000 domestic customers, it was leav- families are now scrimping to pay key household ing the domestic sector completely. Airtricity bills, such as for heat and light. A survey in the blamed the Commission for Energy Regulation Irish Independent showed that people are finding for “regulatory failure” because the price the energy bills more difficult to meet and this is also company had to pay for top-up power was, it made clear to Members who speak to their con- alleged, unjustifiably high. Although the com- stituents. People in very poor households are mission rejected this allegation, it launched its forced to go to the Health Service Executive to own investigation into electricity pricing and tried seek supplementary benefit or to agencies like to explain why electricity market prices were the Society of Saint Vincent de Paul. The higher from August 2005. Airtricity had also criti- estimates for Irish households which experience cised the wind moratorium, which was lifted in some level of fuel and energy poverty are fright- early 2005. ening, ranging from 225,000 to 750,000 people. So far, the promise of the all-island market has The Labour Party believes it is unacceptable for proved extremely disappointing for consumers. so many people to have to live without adequate One of the key reasons put forward for liberalis- access to basic provisions such as heating and ing the gas and electricity markets and the basis lighting. Therefore, I will table amendments to for the entire single European market project, Part 2, section 3 to ensure that serious measures was that increased competition and market open- are put in place to tackle this pernicious and often ing would benefit European consumers and busi- hidden form of poverty. nesses in the form of lower prices and more The President of the United States, Mr. George choice. However, the Irish experience has been W. Bush recently described America as being the exact opposite, with consistently increasing “addicted to oil” in his state of the union address. prices and little choice, especially in the domestic If that statement is true of America, it is even sector. Electricity prices have increased by an truer of Ireland. We have exceptionally high, and astonishing 61% in the past five years, the highest increasing, levels of dependence on imported rise of any EU country. Prices for industry have sources of oil and natural gas. Ireland’s rate of increased by 41% since 2000 and many commen- total import dependency is extremely high, at tators have said that these sky-rocketing prices 87%. What has the Government and the Minister will threaten the competitiveness of the economy. for Communications, Marine and Natural Similarly, gas prices have increased by more than Resources, Deputy Noel Dempsey, done about 35% for domestic users since 2003. Almost no this? Nothing. natural gas users, apart from those in five or six Forfa´s published a report this week on the towns in the west, have a choice of natural gas problem of Ireland’s oil dependency. It is clear supplier. from that report that Ireland has one of the high- Unfortunately, this Bill holds out no promise est rates of import dependency in the EU. Our of lower electricity and gas prices from the sum- per capita oil consumption increased by more mer of 2007 because it contains no provision for than 50% between 1990 and 2002. Forfa´s is very assessing consumers’ needs and addressing the critical of the absence of proper energy planning energy poverty that affects up to 750,000 citizens. under the current Fianna Fa´il, Progressive Demo- This is an area to which I will return on Commit- crats administration. The report also valuably tee Stage. reflects on exemplar countries like Sweden, to At a recent meeting of the Joint Committee on which I referred earlier. Communications, Marine and Natural Resources With regard to section 8 which refers to emer- I questioned members of the Commission on gency measures, oil is excluded. Why is that? If Energy Regulation. The only hope given by Com- this is dealing with emergency energy, why does missioner Finn was that “prices in an all-island it only refer to gas and electricity? Where is the market would be lower than they would be if reference to oil, given that we hold so much of there were two separate markets operating inde- our oil stocks abroad? Perhaps we can return to pendently”. As I said at the time, and I hope my this issue at a later stage. colleagues will forgive me, that was a response There are clear advantages to natural gas over worthy of Dr. Garret FitzGerald. I remember oil. It is a cleaner fuel source for generating elec- being in Dr. FitzGerald’s economics class years tricity and is not set to peak and decline as early ago where he referred to the fact that the rate of as oil. It has often been described as a “bridging the increase in unemployment was falling. fuel”, bridging the gap between the decline of the The proposal that the Minister will issue minis- current oil-based energy system and the develop- terial directives to the regulator and energy ment of a more diversified one. Our consumption industry appears to offer little to consumers, of natural gas is increasing rapidly but in 2004 an given the reference to “general policy direction”, estimated 81% of our natural gas was imported which is very vague. If this proposal is modelled with only 19% produced from indigenous 1961 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1962 sources. In that context, Part 3 which deals with the track record of the Minister and his prede- natural gas safety is very important and welcome. cessor, Deputy Dermot Ahern, has been dismal Sections 10 to 12 clearly define and provide for with the CER and ComReg. The proposal is new functions for the Commission for Energy modelled on the Minister’s performance of Regulation to regulate and invigilate natural gas directing ComReg, making the new power of installers, promote the safety of users and the direction for the CER inadequate. public generally with regard to natural gas and Although the new policy direction functions certify natural gas installers, as well as outlining are being introduced, when I question the Mini- complaints procedures for installers and the rel- ster on critical issues he has declined to answer evant sanctions. We have had recent warnings on the grounds that it is within the CER’s remit. about the dangerous inefficiency of the invigi- Yesterday, I raised with the Ceann Comhairle the lation of natural gas and electrical installers. Dur- fact that a raft of parliamentary questions seeking ing the recent debate on the Stardust tragedy, it to understand how the CER is invigilated were was pointed out that the electrical system in the ruled out of order. It seems the regulator is an Stardust was installed by unqualified people. independent body with no reporting responsibil- More than 25 years later we are only now ities to the people. inserting this provision into law, which seems In the present volatile energy situation, I wel- astonishing. come the Minister’s decision to introduce emer- The European Commissioner for Energy, Mr. gency measures in the event of a sudden energy Andris Piebalgs, who recently gave a very crisis. Oil, critical to the transport sector, must be interesting presentation to the Joint Committee included in these measures. It makes up one third on Communications, Marine and Natural of our energy production and I hope Ireland can Resources, has strongly urged the Irish Govern- diversify from it as Sweden is attempting. In the ment to establish natural gas storage facilities to meantime, contingency plans are needed. increase the security of our energy supply. In a The Minister claimed the electricity supply recent reply to a parliamentary question that I demand balance for the winter was tight but that tabled on 25 January 2006, the Minister stated the CER continues to monitor the situation that “The CER is in discussion with Marathon closely. It is of some concern in light of the warn- Oil Ireland Limited regarding the development of ings being issued in Britain and our overwhelm- natural gas storage facilities at south west Kin- ing dependence on gas imported through the sale.” That is something I welcome but there is British market that similar contingency plans no reference to it in the Bill. There is also the were not in place in Ireland last winter. Consider- possibility of storage at Kilroot in Belfast, when ing the recent events between Russia and the all-island market is established. These are Ukraine over gas supply, Ireland is exposed to issues that should be pursued, given their import- supply problems. ance to the energy security of the country. In recent years serious electricity disruptions It is also critical that the gas in the Corrib gas have occurred in Birmingham, London, Califor- field is brought ashore, but this must be done in nia, the north-east United States, Canada and an agreed, safe and acceptable manner. By some northern Italy. These were primarily due to prob- estimates, the Corrib field has enough reserves to lems in the deregulated power markets. Keeping supply more than 60% of Ireland’s natural gas the lights on and powering and heating our homes needs for a decade or more. Mr. Peter Cassells, and hospitals is the most critical service any who has an excellent track record as a mediator Government can provide for its citizens. In light and negotiator, is currently in charge of the nego- of the serious difficulties experienced in Britain tiation process. It is hoped that a breakthrough and the wider European energy markets, it is which will be acceptable to the people of Ross- imperative the Minister ensures adequate and port and the brave men who spent so much time sufficient measures are in place to cope with any in jail, will be brought forward so that this vital sudden and potentially destabilising energy crisis. energy source can be secured, giving us a window I have some concerns that the measures in the of opportunity. It will allow this and the next amending of Part VIA of the Electricity Regu- Government a chance to put in place an all-round lation Act 1999 that allow for the implementation energy policy. Last year I introduced the Pet- of emergency measures. They do not provide for roleum and Other Mineral Developments Bill sufficient clarity that in the event of an energy which sought to ensure greater accountability to crisis, the Minister will assume the direct leader- the Da´il in the regulation of exploration and pro- ship necessary to deal with the crisis. In reality, duction of natural resources. I hope the Minister this appears to give the Minister power to direct will consider the Bill again for the regulation of the CER and the energy industry in the same other energy sectors. manner as the policy direction sanctioned for the The Bill proposes to allow the Minister to give CER or ComReg. It seems vague and imprecise ministerial direction to the Commission for and does not spell out the lead role the Minister Energy Regulation, CER. I welcome any mech- must take in the event of an energy crisis. anism whereby a Minister can issue policy direc- There are concerns that section 7, on the pro- tions to a regulator on important issues such as visions of the interconnector and the insertion of energy production and climate change. However, a section 2A in the original Act, allows for the 1963 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1964

[Mr. Broughan.] than a fig leaf to cover his modest green cre- involvement of merchant construction, competi- dentials. tive tender and the long-term interest of The Government has failed us in energy policy. customers. We need to avoid the situation in We need no greater example of that than the which Britain is embroiled. Over recent winters presentation of yesterday’s Forfa´s report. The the wholesale price of British gas was profoundly report contained some examples of our danger- affected by the deficiency of the interconnector ous energy position. IBEC has described it as an to Belgium. The British market was increasingly energy crisis. The Government cannot blame the at the mercy of traders trying to get the best pos- rainbow Government for the situation. In 1997, sible spot prizes. Ultimately, British households when the Government came to power, Ireland suffered with higher prices. had the same oil use per capita as the EU 15. In I welcome the belated appearance of the Bill, ten years, Ireland has gone to being 50% above the all-island functions for the CER and the key the European average. In recent years commen- safety provisions in electricity and gas. I tators have said oil production is about to peak especially welcome the provisions on combined and a low dependent fossil fuel economy must be heat and power and liquified natural gas. The prepared. Despite this, Ireland’s dependence on Bill, however, is an overall disappointment. On fossil fuels has risen in electricity production and the Order of Business, Opposition spokespersons transport. The Government has been a disaster have constantly asked about the Bill’s progress. for the country’s energy policy. We were led to expect a fundamentally new Ireland has not had an energy policy for 20-odd vision for energy policy with targets on energy years. We have had no political leadership in the consumption efficiencies, renewable energy and energy area. Instead we have had an inadequate, the challenges of climate change and the timid and bureaucratic response which has failed depletion of oil and gas resources. None of these us. I hear our bureaucrats on television saying issues is tackled by the Bill. that we have a target for 2010 and we might The Green Party spent much of its recent con- achieve it. That is not the long-term vision ference criticising the Labour and Fine Gael par- needed in energy policy. That is why the Green ties for not espousing a joint energy policy with Party seeks a cross-party approach on the issue. We need political change in the area quickly. the Government parties. Obviously, there are strategic difficulties in that the Government has The Energy (Miscellaneous Provisions) Bill is simply not good enough. It is an example of that had nine years to prepare a fundamental energy same bureaucratic, timid, inadequate and unam- policy but has not. Why should the good ideas bitious thinking. If the Green Party were in from our parties be the saviours of the Govern- Government, the Bill would be radically ment? I hope the Green Party will work together amended. No one could disagree with the all- with Labour and Fine Gael parties to put forward Ireland energy market but we do not know how a sustainable and alternative energy vision and to it will work. We do not know how both regulators present it to the country in the early spring of will engage nor, how the six or seven institutions next year. Whatever happens in the next general involved in the negotiations will come up with a election, I hope all parties recognise the realities real solution. We should be ambitious and brave of energy production and work together in that in this regard, however, because we need an all- regard. Ireland energy market. In fact, we need a wider energy policy which Mr. Eamon Ryan: I wish to share time with recognises that we are inextricably connected to Deputies Crowe, Catherine Murphy and Finian the neighbouring island. The oil and gas we have McGrath. been dependent upon is depleting at approxi- mately 10% per year. That is why we have a Acting Chairman: Is that agreed? Agreed. crisis. In addition, there is no connection to conti- nental Europe so the gas upon which we are now Mr. Eamon Ryan: I concur with Deputy inextricably dependent because of Government Broughan. I would be happy to join him and our policy will not be secure for us. I welcome the Fine Gael colleagues in lambasting the Govern- Bill’s provision for such an all-Ireland develop- ment for the utter failure of its energy policy. ment but it is not sufficiently ambitious nor does Yesterday, I was on radio with our beloved it go far enough. Minister for the Environment, Heritage and One cannot disagree with section 4 which con- Local Government, Deputy Roche, who told us tains the second main provision concerning elec- how all things were going green and swimmingly trical safety. It is a necessary mopping up of the in the energy area with renewable this, that and complete lack of control which exists and which the other. The commentator asked me was it not the Government seems to have been happy to the case that other political parties were stealing oversee for the past ten years. As long as the the Green Party’s clothes. Last night, thinking Celtic tiger was booming and buildings were about it, the only image I had was of Deputy being erected, who cared about the standards Roche standing on a Wicklow mountain on a cold involved? Who was checking the building stan- and windy day, stark naked with nothing other dards, including electrical installations? Who 1965 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1966 cared if the work was undertaken by subcontrac- nector. We have gone around the houses as tors who were not properly registered? The regards whether it should be a merger or built Government did not care for the past ten years project but no one knows. No one has made a and neither does it care now. If this provision in decision and the dawdling has been going on for some way compensates for that lack of concern about three years and is still continuing. People for what is built, then I welcome it. say we should build a 500 MW interconnector Section 5 deals with combined heat and power. first and then think about a second one. We need One could not get a better example of the disas- two interconnectors now. It is hugely important ter concerning the implementation of what is infrastructure, although not for the reasons For- required than our utter failure to develop proper fa´s seems to believe. amounts of CHP. The gas we are dependent upon We have a State agency which says we need from the North Sea and from our dwindling Kin- nuclear power so we will buy it off the English sale field is a precious, finite resource which is and ship it in or we will build our own nuclear being depleted. It makes no sense whatsoever to power station and ship the power out. That is not burn it in a power station and dispense one third why I want an interconnector. I do not believe of it as heat into the air. That is of no value to the logic that Forfa´s is coming out with, which is the people. It would make much more sense to that recognising that we have a transport disaster use the remaining gas we have in a highly with depleting oil reserves, we need nuclear efficient and intelligent manner to produce both energy to power electric rail lines. Will someone heat and power in the one source and thereby tell the Minister for Transport that we need elec- obtain approximately 80% or 90% efficiency, tric railways? Do we have to build a nuclear rather than 30% to 40% as at present. We have power facility to run our public transport system? done nothing in that regard, however. We have I do not think so. It is not justified and it is not failed utterly, as the European Commission clever long-term thinking. recognised in its damning indictment by the Purely on energy grounds it does not make action it is taking against the Government for its sense to go nuclear but we do need intercon- failure to develop renewable power. nectors for the alternative vision. That comprises Section 6 deals with policy directions, which an interconnected European grid connecting up have been missing. The regulated model has not the offshore wind farms in whose raw material we worked because a regulator or bureaucrat based are abundantly rich. Both interconnectors could in the Department of Communications, Marine feed power back into Europe. That is why we and Natural Resources or the Commission for need such a decision today rather than tomorrow. Energy Regulation cannot take on the political I heard an official from the Department state the responsibility to lead. Such a person cannot take other day that such long-term wind projects are decisions or say something awkward, difficult or risky. In our democratic system, only politicians for the future, but they should be for today. Until have the power to do that. We have had no we start getting that urgency into energy policy leadership from the top down. I blame the thinking we will be going nowhere. Taoiseach personally for that. We know this Section 8 deals with emergency provisions. Government will do nothing about market domi- Deputy Broughan is right in saying that we need nance in the next 18 months for fear of scaring a to consider oil as well. Oil and gas are intercon- union in advance of a general election. nectable so, as a regulator, the CER should exam- We know the Government, ultimately from the ine the whole energy area. Taoiseach downwards, is looking after devel- Section 10 concerns the national gas supply. opers’ interests. As long as we are building and We have a problem in that at European level have power for the moment, who cares about there is no fluidity in the European gas market tomorrow? That is the ethos one gets from the on which we are utterly dependent. We are Taoiseach, Deputy Bertie Ahern, down. The becoming more dependent on it. All the regulator Minister for Foreign Affairs, Deputy Dermot can say is that rather than developing CHP, which Ahern, did nothing about energy in his former would provide a multitude of small CHP sources, portfolio of Communications, Marine and we are going the same old way, which the boys in Natural Resources. The current Minister, Deputy the ESB think is the right thing to do — the big Noel Dempsey, is too busy looking after fish and 400 MW power plants. They say that is the way broadband wires to think about energy. the Westinghouse lads do it, so it must be the right way. I am afraid it is not. It is leading us to Mr. Durkan: And the electronic ballot boxes. a dependence on gas although we are at the very end of the pipeline. We need to be active at Euro- Mr. Eamon Ryan: We need policy directions pean level but the Minister did not even turn up from the CER and the Department which recog- to the European Council meeting on this issue. nise the crisis we are in. He was in Sacramento with the Ancient Order Section 7 concerns interconnection and there of Hibernians. could be no better example of the incompetence and delay that has occurred in this regard. Just Mr. Broughan: He was with Arnold Schwar- about everyone agrees that we need an intercon- zenegger. 1967 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1968

Mr. Eamon Ryan: That was ridiculous. This is has been recognised by the industry itself, which the most important Council meeting we have had, has established the register of electrical contrac- yet the Minister was drinking shamrock drinks tors in Ireland, RECI. This body, with more than somewhere on the west coast of America. 2,000 members, has built up considerable credi- bility. Probably most private users of electrical Mr. Durkan: Nice drink. services would employ a member of RECI. It is important, therefore, that RECI is involved in Mr. Eamon Ryan: That shows how much the any proposal to change the system of regulation Government lacks a sense of urgency about this and that its views are taken into account. Like- crucial issue. wise, trade unions whose members are employed The Bill contains a proposal concerning the in the sector must be given a say in how working ESB’s shareholding. I will table an amendment in and safety conditions are observed within the this regard. I have many things to say about the industry. ESB but, first and foremost, the obvious one and With regard to the policy aspects of the pro- the one of which the European Commissioner posed Commission for Energy Regulation, I note will probably inform the Minister shortly by way that these will continue to be made by the Mini- of a legal notice is that we need to unbundle the ster and that the commission will be obliged to transmission grid from power generation and the implement whatever decisions are made. It would supply company. Why is the Minister presenting be a good idea, however, in light of the growing this Bill but not making that obvious, urgent, debate on future energy needs for the com- immediate and uncontroversial change? That is mission to include experts from the relevant areas an example of the lack of any vision in this who would have a more direct input into the Government. It is an example of the Taoiseach, policy debate. The need for such a wide-ranging Deputy Bertie Ahern, saying that whatever else, debate, which would be able to influence policy we should not rock the boat or do anything con- at departmental level, is indicated by recent EU troversial. That is an example of why this Bill is announcements on the future structure of the not worth the paper it is written on. It does not European energy market and by the recently give a sense of urgency to the people about what published Forfa´s report on the future availability needs to be done in this vital area. of oil and the implications it will have for the pro- vision of energy supplies in this country. The Mr. Crowe: My party certainly welcomes some report raises a number of issues, all of which have of the objectives outlined in this Bill. In part- implications for the future of the energy market icular, we support the aim, as outlined in section in the general aspects referred to by the Bill. 3, to promote the development of an all-Ireland The media picked up almost exclusively on the energy market. However, we also believe that proposal that nuclear energy might have to be such an objective will be best served by considered as a possible alternative on the basis developing such a market under a company that of the peak oil theory which the authors believe is in public ownership and for the public good. will curtail future supplies of oil. I do not believe On this side of the Border that entity is that nuclear energy is necessary and the major obviously the ESB and we will strongly resist any issues regarding safety which surround it have not attempt to privatise this company. Our position been adequately addressed. stems not from purely ideological reasons but because we believe that the ESB has served its Mr. F. McGrath: Hear, hear. function well and that the original aspirations and reasons for establishing a publicly, rather than a Mr. Crowe: Other energy sources provide pos- privately, owned company still stand. sible alternatives. Forfa´s refers to wind and wave It is vital that such an important area as the power and we certainly support research and provision of energy supplies should be under development in those areas with a view to national control. That is why we have major diffi- expanding the proportion of energy needs sup- culties with what appears to be the thrust of the plied from those sources. recently announced European Commission policy One of the other areas of more immediate of promoting an EU energy market, with national importance, especially in the light of the Bill’s ref- operators forced into competition with trans- erence to the aIl-island energy market and the national corporations. It is one of the reasons we gas interconnector, is how best to utilise and con- will question the provision in section 3(1) for an trol the gas reserves which lie off our coast. The all-Ireland energy market to involve operators Corrib field is the best known through its connec- from outside the country. tion with the ongoing struggle of the Rossport Regarding the provision in section 4 for the community regarding the safety of the proposed Commission on Energy Regulation to monitor pipeline there. Issues of revenue are also raised, the regulation of private electrical contractors in but a more important matter is who will have the industry, we have no problem with the control over such an important and potentially general intent of the proposal and recognise the valuable resource in terms of both supplying need for strict supervision of a sector that has future needs and economic value. It has long such serious implications for people’s safety. This been our belief that such a resource, along with 1969 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1970 other reserves and exploration fields off our on an all-Ireland energy market, to remove legis- coast, must be subject to national control. This lative constraint to facilitate regulated electricity requires a radical overhaul of the licensing and interconnection not owned by the ESB, to revenue conditions which govern the sector. This provide for the taking of emergency measures by must be seriously debated in the context of future means of ministerial order in the event of a sud- energy policy and we will seek to build it into this den crisis in the energy market, to confer power legislation on Committee Stage. on the Minister to issues policy directions to the Another key area in the future will be biofuels. CER, to provide for the regulation of the electri- At present, the EU has issued a number of cal contracting sector by the CER, to make pro- directives which set targets for the proportion of vision on gas safety in the context of the new vehicle fuels to be supplied from this source. multi-operator environment and to facilitate gas Although the targets are relatively small, the market opening. I urge the Minister to be ability of this State to meet them must be quest- creative, radical and positive in the energy ioned. This is despite the advantages this country debate. has in terms of domestic production and distil- I want to promote biomass as an environmen- lation of energy crops. This issue was raised by tally, economically and socially sustainable my colleague, Deputy Ferris, in the context of the indigenous energy resource and promote its non- shameful betrayal of the Irish sugar beet sector energy related benefits. Public awareness of and the possibility that beet and the surviving biomass as a realistic option for energy supply processing plants at Carlow and Mallow could be must be improved. We must influence policy redirected from the production of sugar to the makers, as we are doing today, to promote the production of biofuels. This, along with the pro- development of bioenergy and the implemen- motion of growing other energy crops, would tation of bioenergy projects. Those interested in present not only a means of establishing a signifi- bioenergy development must network and share cant national source of future energy supplies but information. We must promote these issues and also represent a potentially significant new area bring the people with us. of growth for both farming and the industrial pro- It is relevant as we discuss energy to mention cessing of such fuels. the topical case of the Rossport five. I wish the I urge that the proposed commission should men well in their legal case tomorrow. This also include as one of its responsibilities the matter is not just about a group of five brave examination of fuel poverty. A number of reports families standing up against multinational indus- have shown this to be a serious issue for those on try and supporting the need to respect our energy social welfare and low incomes. A series of price and the gas and oil off our coasts, which is increases have added to the difficulties of many important. This is also an environmental issue. I households and addressing this would represent a significant contribution to lessening the burden compliment my colleague, Deputy Cowley, on his on those living in poverty. I urge that proposals work on this case in Mayo. These people must be for an all-Ireland energy market and the pro- supported and listened to carefully. It is all part vision of gas interconnectors would lead to the of the energy debate and is related to it. provision of cheaper energy to domestic Another aspect of the energy debate is the customers throughout the island rather than issue of nuclear power, about which I have major provide another opportunity for profits. concerns. Yesterday we debated Sellafield. One must consider what is stored at nuclear power Mr. F. McGrath: I am grateful for the oppor- stations, such as the high level of liquid waste. tunity to speak on the Energy (Miscellaneous A total of 21 tanks, each containing 1,500 cu. m. Provisions) Bill 2006. This important debate constantly need to be cooled and seven different allows us the opportunity to see which way this cooling systems are in place. A number of tanks country will go on energy. It is up to us and the contain 2,400 kg of caesium-137, the main cause wider community to be creative, radical and of off-site radiation exposure from the Chernobyl green in our thinking. In planning on energy accident. The total amount released from issues, people, health issues and the environment Chernobyl was 27 kg, almost 100 times less than must be at the centre of policies. We must also the potential release from the facility at Sellafield. consider this from an all-Ireland perspective and Its stockpiles of plutonium, the raw material for approach. I urge all political leaders on the island nuclear weapons, amount to 60 metric tonnes, or to open their eyes to the huge potential for econ- 60,000 kg, 6 kg of which could be used in nuclear omic growth and work together in the interests of weapons and would amount to 10,000 bombs. all the people. These places are very dangerous. One must also This debate is relevant on the day the consider the amount of spent fuel used there. Taoiseach met the British Prime Minister, Mr. I raise these issues because we must be radical. Blair, to progress the peace process. On examin- We must also consider the issues of solar energy ing the main issues and details of the legislation, and the use of wind power. It is essential we do one sees the main provisions of the Bill are to so in the broader debate. I urge the Minister and expand the functions of the Commission for the Government to be radical, creative, green and Energy Regulation, CER, to underpin its work environmentally friendly in their policies. 1971 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1972

Ms C. Murphy: This Bill attempts to do several as those in Rossport cannot continue if communi- things, many of which are requirements under ties near those finds are to feel satisfied and safe EU directives. It is reactive in that sense. Much about the finds. It is important that this issue is of the Bill is about the extension of functions. I concluded satisfactorily. welcome the mechanism for an all-Ireland We have a culture of creating a crisis, not only approach to energy which is sensible and mean- in respect of energy but in many different ways. ingful. However, I wonder whether it is an We seem to like creating a crisis then trying to academic exercise given the looming energy resolve it. crisis. We may have great institutional arrange- ments and high safety standards but no gas to put Mr. Durkan: Without a doubt. in the pipelines. That is the key issue and the Bill does not address it. Ms C. Murphy: We have been told that bigger, This Bill allows for the regulator to determine wider roads will give us more cars, as has hap- price. That should not give comfort to anyone pened everywhere else, and we need to counter- because the price will be determined by the balance that with public transport, but we ignore amount of gas available and, consequently, the that saying it will not happen here. When it hap- amount of electricity available. Producing elec- pens, we try to resolve it. That approach seems tricity from gas is probably not the most efficient to be almost a national pastime. We need to plan form of generation. If supply is insufficient, the for a crisis but I see no evidence of that regulator will tell us how much the increases are happening. rather than determining the price. An article in The Independent in the United The 25% increase in gas prices last winter is Kingdom last January referred to what “they” do having a knock-on effect on families. Only when not want us to know about the coming oil crisis, it starts to affect industry and competitiveness, namely, soaring fuel prices, rumours of winter however, will the penny drop because the econ- power cuts, panic over gas supply from Russia, omy is centre stage. Many families are strapped and abrupt changes to forecasts of crude output because these increases have significantly because the reserves seem to be understated. The affected their finances. writer of the article asked whether there was Ireland and Europe face an energy crisis. The something sinister going on. Not long afterwards February newsletter of the Association for the the British Government announced a public Study of Peak Oil and Gas, ASPO, stated that inquiry into the country’s energy situation. It has western Europe uses 50% more gas than it recognised that its oil and gas production from produces. European gas imports of gas increas- the North Sea is in steep decline and facing ingly depend on Russia which earns five times as depletion and it is starting to plan for this. much by exporting gas as it would on the domestic market. This in turn causes significant We also need to recognise what is happening problems in Russia which is not a guaranteed and elsewhere and how exposed and dependent we stable source. For example last winter there was are, and to start planning. In ten years’ time when a cold spell of approximately -40° C which inter- someone asks what we were doing in 2006 when rupted supplies of gas to western Europe. The this was predictable, let us not say that we were writing is on the wall. The ASPO newsletter talking about institutional arrangements and makes stark reading and gives an insight into the other matters instead of dealing with the funda- problem we face. mental issue of supply. We need to deal with The Bill extends the function to the Minister in that issue. the event of a sudden crisis but we need to antici- pate a chronic crisis because that is predictable Mr. Kelly: This is a wide-ranging Bill which, and will lead to a sudden crisis. Although the Bill when enacted, will have a vital role in driving for- does not cover oil supply, most of us recall the ward a progressive energy agenda in a new global 1974 oil crisis when lines of cars queued for a few energy landscape with increasing demands on gallons of petrol. Given the increase in the car fuel resources. Key features of the Bill include a population and the inadequate public transport move towards alI-island markets. The Bill also system, a similar crisis today would not only deals with electricity interconnections. East-west affect domestic supplies, industry would not be and North-South electricity interconnections are able to function. This is predictable. significant elements of energy policy. Both We need to get real about supply and the first provide strong physical links with Northern area to address is energy conservation. We can Ireland and the United Kingdom and will inte- act on that today but we need a strategy for grate Ireland into wider European markets. reducing waste. We also need to identify new The Bill removes an impediment in law by faci- energy sources. Renewable energy must be the litating regulated electricity interconnection not first object of our attention. The possibility of owned by the ESB. It also empowers the regu- harnessing wind energy has already been pushed lator, with ministerial consent, to secure intercon- into the future. Agriculture too has a role in pro- nector builds by various means, including com- viding fuel products for industry. We need to con- petitive tendering, direct authorisation or by the tinue to explore for offshore gas but events such transmission system operator. 1973 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1974

This Bill will provide the legal basis for the opportunities where the benefits can be enhanced energy regulator, the Commission for Energy by acting on an all-island basis. Regulation, to engage in the development of an Market structures need to be integrated and aIl-island energy market with a milestone of 1 infrastructure investment secured to improve July 2007 for a single electricity market North and islandwide efficiencies in the sector. We also need South. The aIl-island market will remove market co-ordination in the activities of the regulatory distortions and minimise the wholesale cost of authorities and transmissions system operators. electricity. It will also create a more attractive This must lead to unified regulatory and system location for new electricity generation investment operator arrangements for the island as a whole and help to improve the security and reliability of which are geared to the delivery of measurable electricity supplies throughout the island. benefits. Energy issues are complex, frequently It is vital to ensure that both communities and interconnected and often related to long-term economies on the island have access to safe, investment decisions. There are also differing secure and sustainable energy supplies obtained stages of development between the electricity and through competitive energy markets. There is no natural gas markets and infrastructure. This doubt that this challenge can be met more effec- means that achieving the most advantageous out- tively and to our mutual benefit if we work come for the entire range of energy policy issues together. will be a protracted process requiring the support, This is especially fitting when considered in the dedication and active co-operation of all stake- context of the regional approach to the develop- holders if the benefits of the all-island market are ment of energy markets being pursued as part of to be secured. the European Union’s drive to create a EU-wide I know that Ministers North and South have internal market in electricity and natural gas. The confirmed that any policy, legislative, structural, creation of an all-island energy market involves institutional or resource issues that may collaboration on issues ranging from improved unfavourably affect the development or effective interconnection, competitive markets and har- functioning of the all-island energy market and monised trading arrangements through to gener- which may arise in the course of implementing ation adequacy, security of supply, sustainable this strategy will be carefully examined and energy and energy efficiency measures. addressed, in conjunction with the relevant agen- A key priority is to establish all-island whole- cies. The aim will be to pursue complementary sale electricity trading arrangements. Other actions as far as possible. priorities will include the establishment of an all- Clearly, the test by which the value of a fully island gas market in line with the integrated all-island energy market should be 2 o’clock commissioning of the infrastructure. judged is that energy users in both parts of the It will also be vital to maximise the island are better off than they would be in two benefits of environmentally sustainable energy, smaller markets which are mutually supportive from rapidly maturing wind generation and the good neighbours but which trade together oppor- combined heat and power business through to the tunistically rather than systematically. The poten- growing rural biomass energy industry and the tial benefits of a mature all-island energy market future promise of substantial energy from the sea. should include a larger single market with com- There is no doubt there is extensive and whole- petitive energy prices. There should be open and hearted support for the all-island energy market. transparent competition at all levels in the The issues involved are intricate and sometimes marketplace and for all energy sources, including competing and not all of the benefits will be combined heat and power and renewables. It immediately achievable. However, the long-term should also mean a more stable and attractive reward will be a market that is much better investment location and provide a boost to the placed to meet the future energy needs of the competitiveness of the wider industrial sector. whole island. Given that a cross-Border energy There will be greater security of supply, an market already exists, albeit in an nascent form, integrated infrastructure and the sharing of a there is an acknowledged requirement that we more diverse energy mix. Greater energy ensure policy developments North and South are efficiency will undoubtedly result in longer term progressed in ways which advance the goal of savings through rationalisation of functions in improved economic and energy supply benefits regulation, system operation and transmission for both parts of the island. asset planning and ownership. It will also facili- We must also act to ensure policies are tate greater consumer choice of supplier of developed to exploit opportunities for enhancing energy or energy services and enhanced organis- the value of the energy industries on the island ation of energy research through the emergence through external links with Britain and continen- of an all-island network of academic and indus- tal Europe. The energy policy agenda must be try expertise. widened beyond traditional market development The Bill includes provisions to further enhance issues to take account of national and inter- the safety of energy consumers and the public, national concerns with combating climate change. ensuring Ireland continues to meet with inter- More particularly, there is a requirement to fol- national best practice in respect of electrical and low renewable energy and energy efficiency natural gas safety. The regulator has been given 1975 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1976

[Mr. Kelly.] Bord Ga´is E´ ireann to unbundle its transmission robust new safety functions, which include the and distribution system operators. Bord Ga´is is regulation of electrical contractors and natural taking measures to comply with this through the gas installers. The regulator has also been granted establishment of an independent system operator additional powers to ensure rigorous enforce- subsidiary. Thus, the conditions for competition ment, including, for the first time, the power to are being created through progressive liberalis- designate electrical and gas safety supervisory ation of the electricity and gas markets. Liberalis- bodies, as well as the power to establish standards ation of the electricity market has proceeded on for training and registration, introduce certifi- a phased basis since February 2000 under the cation schemes and prosecute rogue installers. regulatory oversight of the CER. In accordance Other key features include the provisions with the Electricity Regulation Act 1999 (Eligible enabling the Minister to introduce the full open- Customer) (Consumption of Electricity) Order ing of the gas market by ministerial order in 2003 on 19 February 2005, the market opened advance of the EU deadline of 1 July 2007. This fully to competition. From that date, all will extend the benefits of liberalisation pre- customers have been eligible to source their elec- viously enjoyed by industrial and commercial tricity from any licensed supplier and the entire consumers by enabling all natural gas customers market became contestable. to shop around for suppliers and get the best value. The Irish gas market has been undergoing Mr. Coveney: No one is contesting it. That is a process of liberalisation since the enactment of the problem. the Energy (Miscellaneous Provisions) Act 1995. This process is being driven by both Government Mr. Kelly: Scope now exists for all customers, policy and developments at EU level. The enact- household and non-household alike, to seek out ment of the Gas (Interim) (Regulation) Act 2002 keener prices in the competitive market. This is in April 2002 saw the establishment of indepen- well in advance of the July 2007 deadline set dent regulation for the sector. That Act provided down in the EU Directive 2003/54/EC on elec- for increased competition in the natural gas sup- tricity. The opening of the market has benefited ply market. customers by broadening customer choice and In July 2004, the then Minister for Communi- already some 42% of the market by volume is cations, Marine and Natural Resources, Deputy supplied by independent suppliers. I commend Dermot Ahern, liberalised the natural gas market the Bill to the House and compliment the Mini- by making all non-household customers eligible ster of State at the Department of Communi- to switch suppliers. cations, Marine and Natural Resources, Deputy Browne, and the Minister for Communications, Mr. Coveney: How many switched? Marine and Natural Resources, Deputy Noel Dempsey. Mr. Kelly: This move had a dramatic impact on the number of customers eligible to switch sup- Mr. Coveney: It is good to speak opposite the plier. While previous rounds of market opening Minister of State again as it has been some time. impacted on a small group of approximately 250 high volume customers, this move meant that Mr. Browne: I thank the Deputy. more than 17,000 industrial and commercial customers were eligible to switch supplier or Mr. Coveney: I welcome the opportunity to source their own natural gas. Overall, market speak on Second Stage to outline some of my opening by volume increased by 86%. This was ideas and concerns in respect of the energy another important step towards the full opening market, of which some the Minister of State may of the natural gas market. already be aware. I hope he and his advisory team The benefits of liberalisation, which were pre- will take note of my contribution. viously enjoyed by large customers, will now be My first criticism has been outlined by other extended to all industrial and commercial Opposition spokespersons, that is, the lack of a customers. This will assist our economic competi- Government energy policy document setting out tiveness. Subsequently, the then Minister intro- targets and requirements for the energy market duced a customer charter for the market, which in the short, medium and long terms. Instead, we provided for increased levels of consumer protec- have piecemeal policy development. In 1999 in tion for natural gas customers and household con- the alternative energy sector alone, there was a sumers. The statutory instrument also contains Green Paper on sustainable energy and, in 2000, provisions relating to natural gas licences, there was a consultation document entitled accounting procedures, the gas capacity state- Options for Future Renewable Energy Policy, ment and the functions of the Commission for Targets and Programmes. In 2004, we set up a Energy Regulation. These regulations continue renewable energy development group to essen- the process of meeting Ireland’s obligations tially start all over again. We have had consecu- under Directive 2003/55/EC. tive alternative energy requirement or AER Another statutory instrument signed into law programmes, of which any realist would recognise last December imposed a legal obligation on that the first four were absolute failures. They did 1977 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1978 not result in the type of wind energy development limited. In effect, the ESB still enjoys a monopoly anticipated. I accept the recent AER programmes of supply of electricity and power in Ireland. have been successful. Most recently, there has Moreover, the restrictions imposed on the ESB been a welcome development in subsidies for in an effort to try to promote competition mean domestic grant schemes for greener homes, but it that potentially, we have the worst of both is a piecemeal approach. worlds. As we do not permit the ESB to expand More broadly within the energy sector, consul- and increase its generational capacity in an effort tations have taken place with a range of different to introduce competition, we are in danger of bodies and interest groups. However, nine years having insufficient capacity. Potentially, we may after the Government entered office, there is still not provide sufficient power to the growing Irish no overarching policy document. Ireland must be economy as a consequence of failing to attract the only country in Europe that does not have competition to fill the space which would be filled one and is certainly the only country in Europe by the ESB, if it was allowed to so do. High that has a nine year old Government without a demand has led to high prices and that factor, coherent overarching energy policy. It remains to combined with the increased cost of gas and oil the CER to deal with all of the complexities and has meant that costs are rising dramatically for significant challenges of the marketplace. I accept Irish consumers and business operators. This there are no easy answers. makes Ireland less competitive than it ought to The energy climate is constantly changing and, be, relative to other parts of Europe. while some issues remain consistent, the factors As an island, Ireland is an isolated marketplace influencing any overarching policy document for and I welcome this Bill’s attempts to create an Ireland are also changing. Two years ago, I was all-Ireland market. It is an obvious step and has Opposition spokesperson in this sector and, even not happened before time. However, even with in those two years, the goalposts have shifted the creation of an all-Ireland market for energy, somewhat. Energy is a policy area of discussion Ireland will still be a small player isolated by the in the European Parliament and has rapidly sea. The interconnection capacity between moved up the priority list. A number of factors Northern Ireland and Scotland is small and insuf- affect all states within the European Union. In ficient. If we seriously intend to significantly the past three years, we have moved from $35 per expand wind energy projects in Ireland, our grid barrel of oil to almost $70 per barrel and the price can only handle significantly more power from is fluctuating between $60 and $70. In the long wind generation if we have significant intercon- term, it will really only move in one direction. nection capacity. This is because by its nature, Security of supply is perhaps the most significant wind is an inconsistent source of supply and political issue relating to energy in the European although better wind speeds and consistency can Parliament at present. be achieved in Ireland than in most other Euro- Countries such as Poland, Estonia, Latvia and pean countries, one still needs a substitute source Lithuania are exerting tremendous pressure to try of energy when the wind is not blowing. to reduce the European Union’s existing reliance Until such a substitute source of energy can be on Russian gas. At present, the European Union obtained through interconnection and until that imports 55% of its energy fuels and by 2025, it is interconnection is used to export green energy estimated that this figure will be closer to 75%. produced in Ireland — it has a natural competi- This is movement in the wrong direction. EU tive advantage to so do with its wind speeds — policy encourages member states to become more we will never maximise our potential as far as self-sufficient in energy and to move away from wind energy is concerned. the importation of carbon fuels, particularly oil Ireland is incredibly vulnerable to imported and gas. Moreover, all member states have com- fuel inconsistency and at present, it imports mitments under the Kyoto Protocol and I intend approximately 87% of its fuel requirements. It is to discuss Ireland’s lack of response in that regard the end of the line in the European Union, with shortly. In addition, environmental commitments respect to gas pipelines and, potentially, the sup- have led the European Union to discuss and sup- ply of oil. Ireland is on the western coast and port alternative fuel sources and to find ways in most energy comes from eastern Europe. Hence, which it can provide direct financial support to if the supply runs out, Ireland will probably be them. the first country to suffer. Although we should Factors specifically affecting the Irish market be aware of this, little is being done to address are somewhat more complex. First, there is a lack this issue. of competition. Deputy Kelly spoke as though we From a positive perspective, as I stated earlier have successfully opened and liberalised the Irish Ireland has a significant natural competitive marketplace to the extent whereby every energy advantage as regards renewable sources of supply supplier in Europe wishes to compete here. That in that its wind speeds are better than anywhere is an extremely naive position to take. While we else in Europe. From an efficiency perspective, have gone through the motions and have made approximately 40% can be achieved from wind an effort to open up the Irish market to compe- turbines here. In other words, 40% of the time, tition, it has not come. Although consumers and one can take acceptable amounts of power from particularly businesses have some choice, it is still wind turbines in Ireland. In most other European 1979 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1980

[Mr. Coveney.] the potential of renewable resources, particularly countries, that figure is closer to 35% and falls to in the new, high cost environment for carbon 30% in some regions. Ireland also has an advan- fuels and for gas and oil in particular. tage in that at present, the EU, of which it is part, I will focus on wind power in some detail. actively tries to support renewable energy and Ireland’s capacity to generate power for ourselves has encouraged the Irish Government to take and for other parts of Europe is highly significant. initiatives in this regard. Unfortunately however, Any economist would agree that it makes sense Ireland has not acted on this encouragement. to concentrate on the areas in which one is com- Moreover, one can point to a change in the petent. By any calculations, in the purest sense, Irish mindset. People are more aware of our Ireland should be very good at producing energy responsibilities regarding the environment and from wind. It has higher wind speeds, and more are more aware that alternative and renewable importantly, more consistent wind speeds on the energy sources are no longer pie in the sky. This west coast, than anywhere else in Europe. is no longer exclusively concerned with the envir- However, we do not appear to see this as the kind onment as it is also about economics. Hence, of opportunity that we should. Until the intercon- groups such as IBEC, as well as business leaders nector issue is sorted out, this discussion is futile have become engaged in pushing alternative as we can only reach a certain capacity within the energy sources. It is no longer simply a Green Irish grid for an inconsistent source of supply. Party issue. While I intend no disrespect to the We should be planning for other aspects such Green Party, from a policy perspective, this is the as the cost of grid connection. The Minister of area on which it focuses. State will be aware that the cost of grid connec- What is the way forward for Ireland? I wish to tion for a farmer, or a consortium of farmers who discuss interconnection in more detail because it are putting together an ambitious wind energy is critical in a wide range of areas. Despite project is nothing short of scandalous. It could Deputy Crowe’s comments, we are moving cost hundreds of thousands of euro after a land- towards a common European energy market, and owner has put a similar amount of money into a rightly so because we live in an internal market planning application to get connection to the grid, in which jobs, people and goods move freely which is sometimes not far away. People have between countries and borders. This is encour- asked the legitimate question whether ESB sub- aged to promote more competition, oppor- sidiaries pay the same costs for advice and grid tunities, business activity and so on. Hence, connection when setting up wind farms in parts energy should also move between European of the country for which they have been given countries. If Ireland is to participate in this regard contracts. and is to have the security which this would Energy crops in Ireland are an exciting new provide, it requires proper interconnection. opportunity for farmers. They can be a competi- Hence, from the perspective of security of sup- tive fuel source. They are secure and predictable. ply, this is absolutely essential. The Government They can be grown on a contract basis, as was the would claim that several years ago, it announced case with sugar beet, and they should be pro- that it was open to the development of an inter- moted. European Commissioner Fischer Boel connector between, for example, Wicklow and wants to promote this area. She is willing to Wales and that it invited private sector interests increase energy crop subsidies and change the to build it. This should be built and paid for by rules so that they can be grown on set-aside land. the State. It is fundamental infrastructure like However, there should be a response from the roads, airports and railway stations. Moreover, Irish Government on excise duty, as is the case in the present electricity grid in Ireland is also fun- other European countries. We are being encour- damental, and should be kept in public ownership aged to do this by the European Union which is if the ESB is ever privatised. We cannot afford to giving a definite competitive advantage to this wait for an entrepreneur to finance this project. industry. The Minister of State will get a very The State must do so immediately and regardless positive response from the farming sector if he of whether it costs \200 million, \300 million or provides them with a new crop which is financi- \400 million, it would be money well spent ally viable. because of the significant costs to the economy if The EU will require Ireland and all other coun- this is not done. Hence, we should invest in this tries to have a 5% ethanol content in all petrol project without delay. from 2010. How is Ireland planning for this? We require a balanced energy mix in Ireland. I Ethanol is not being produced in Ireland at do not advocate the proposition that Ireland present or, if it is, it is in pilot projects on a small should be entirely energised by renewable scale. Are we going to start importing ethanol in sources. However, although gas and oil have roles 2010 even though it can probably be produced to play, renewable energy should be part of the more efficiently here than anywhere else in energy mix. Although some people may not Europe? There are existing ethanol industries in agree, coal also has a role. It contributes to the Spain and Italy that are growing and expanding, security mix as the broader one’s mix of sources, especially as a result of the demise of the sugar the more secure one’s overall power generation industry in Ireland. The Government has an will be. Nevertheless, we grossly under estimate opportunity to try to redeem itself by finding 1981 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1982 alternatives for arable farmers, whether they Ireland can provide energy for its economy in the grow wheat or sugar beet to produce ethanol, future rather than having to rely on inconsistent after an appalling and misleading performance in and politically controversial sources for gas and the last months of the sugar industry. We should oil. use our influence as a shareholder in Greencore, albeit a small one, to ensure that everything pos- Mr. Mulcahy: I welcome the Minister of State sible is done to try to facilitate the transition from and support the Energy (Miscellaneous a sugar factory in Mallow to an ethanol or energy Provisions) Bill 2006. It is very important legis- crop processing plant. lation which governs one of the most critical parts The same opportunities apply to biodiesel of our infrastructure, namely, the energy sector. through growing oil seed rape as apply to ethanol Energy is the core of any economy. To take it through growing sugar beet and wheat. We can away would mean taking away one’s ability to make this happen by way of a combination of read, have light, cook or run factories and trans- price supports from the European Union and tax port. Energy is at the core of the way people live incentives from the Irish Government. If we do and create wealth. This is why it is time the not do so, it will be a huge opportunity missed energy portfolio was taken from what has become for Irish agriculture and the Irish energy sector. too big a Department. The Department of Wood biomass is another important area. I Communications, Marine and Natural Resources regret that the Minister of State has left the is too big for any one Minister to handle, no House because he knows a bit about this area as matter how competent or from which party. The a result of his work in the forestry sector. seriousness of the energy situation is such that it Whether it is fast growing wood coppice plan- is time to have a dedicated Department of Energy tations, forestry thinnings or wood and paper whose sole focus is on the two sides of the energy waste, these are viable fuel sources that are being coin, that of consumption, on the one hand, and used to significant effect in other European coun- production, on the other. I will come back to that tries. However, they are not being used in Ireland aspect later. to the extent they could be. New peat power The Bill has a number of important features stations were built here in recent years which are deserving of support in this House. Section 3 is ideal to allow a gradual substitution from peat to perhaps the most important section and concerns wood biomass over a period. We should use this an all-Ireland energy market. That is consistent source for environmental as well as cost-effective with the political progress on this island in the reasons from an energy fuel point of view. past ten or 15 years. We have developed North- Tidal power, wave power and solar energy are South co-operation in waterways, tourism and all under-estimated by the Government. There is transport links, and it is now timely and vital that no reason a percentage of public housing projects we have an all-Ireland energy market where the cannot be powered through solar panels on the increase in the number of consumers can only roofs. We should examine template projects in work to the benefit of the energy market and, I other European countries. It is not true to say hope, reduce prices. that because we do not have very high sunshine I also welcome section 4, which contains pro- rates, solar panels will not work. visions for the standards of training for electrical It will take political courage to deal with the contractors. Much work in this area has already ESB, which I do not see happening before the been done because various institutes such as the next general election. It is not the ESB’s fault that AECI and RECI have already by and large it is as dominant in the energy market. It is brought a high standard into electrical con- because it is good at its job that it retains this tracting in Ireland, but I am glad there will be a dominant position, and it is because of this domi- function for the Department and the Commission nant position that other players throughout for Energy Regulation. Europe do not consider Ireland an attractive I also welcome section 6, which allows for option to produce and supply power. This must policy directions to be given by the Minister to change. Options should be considered to weaken the Commission for Energy Regulation. This is the ESB’s dominance in the marketplace. We important and the section should be mirrored in must consider whether this would mean separat- other legislation. As a society, we are wrong to ing the generation, supply and grid management set up regulators in all aspects of our lives, such in a real way or breaking up the ESB. My prefer- as telecommunications, education, energy and so ence would be not to break up ESB generation. on, and allow these regulators to lead what While there are some good provisions in the appears to be an independent life away from the Bill, we are hopelessly unambitious in regard to authority of this House. the energy sector. We should work to our strengths. We should not be afraid to be proactive Mr. Durkan: Nor do they have to stand for by providing tax incentives to kick-start indus- election. tries, especially in the biofuel, energy crop and biomass sectors. As the farming sector is well Mr. Mulcahy: It is high time we introduced educated and ambitious, it should be given an legislation to ensure that all regulators appear opportunity to produce energy crops so that regularly before committees of the Da´il and are 1983 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1984

[Mr. Mulcahy.] to refer to the positive moves the Minister for fully accountable to the House for the way in Finance has made in recent years. which they regulate their industries. That would be a non-partisan approach to the issue. In Mr. Durkan: About five years too late. general I welcome the fact that the Minister will be able to give policy direction to the energy Mr. Mulcahy: The House will be aware that in regulator. the Finance Act 2004, a relief from mineral tax I also welcome section 8 which deals with was introduced by the Minister for Finance for emergency measures in the event of a sudden pilot projects for the production of biofuel and crisis. That is necessary. Ireland and the world for testing the technical viability of biofuel as a face an energy crisis which may not have hit us motor fuel. This relief was confined to pilot pro- yet. It is a little like the tsunami which starts in jects. In the Finance Bill of this year, the Minister the middle of the ocean and takes some time to significantly expanded this scheme to make it a travel to shore. The energy crisis is complex and five-year scheme for mineral oil tax relief to com- multifaceted and the only question we as legis- mence in 2006 and end in 2010. This will cost lators must ask, in an open and honest way, is approximately \20 million this year, \35 million whether we are doing enough to prepare for it. I next year and \50 million in each of the following do not believe that we as a society are doing years. When fully operational, this relief scheme enough to meet that incoming crisis. is expected to support the use and production in The last large energy crisis was the oil crisis Ireland of about 163 million litres of biofuels a of 1973 which sent shock waves throughout the year. industrialised world. As we can see, it was a In this year’s Finance Act, the Minister also wholly unnecessary crisis in that at the time, there introduced a vehicle registration tax relief of 50% was no real shortfall in energy supply, but there for flexible fuel vehicles. This scheme is intended was a decision, effectively by the oil cartel which to encourage the purchase of such vehicles which still exists today, to increase the price of the oil use bioethanol, a blend of a minimum of 85% supply radically. That could happen again and we ethanol and petrol. That is excellent work by the should all pay tribute to OPEC for thus far, cer- Government but it needs to go further. Large tainly in recent years, having responsibly motor vehicles which consume a large amount of increased supply where there was a threat of a petrol or diesel should have very high rates of spike in prices. Many of those countries, have, to vehicle registration tax. They should be discour- their detriment, increased supply, because they aged as strongly as possible. Smaller cars with could have made a great deal of profit from engine sizes of up to 1300 cc or 1600 cc should increasing the price of oil but did not. be fully exempt from vehicle registration tax to I think the Minister of State will accept there encourage the majority of our population to buy are two sides to the energy crisis coin. There is such vehicles. That kind of radical measure is the question of supply and the question of con- needed to shift the balance away from the large, sumption. With regard to competition, I will refer fuel guzzling cars which in a time of energy back to Deputy Coveney’s contribution. I pay shortage virtually amount to an obscenity. There tribute to the Government for opening up compe- is no excuse for such vehicles, and I take a very tition in recent years. It is not true to say there strong line on that. has been a failure in this regard. I did not hear With regard to bioethanol, I agree with other Deputy Coveney referring to all the new indepen- speakers that through the former sugar factories, dent power plants built in Mulhuddart, Galway we should encourage the creation of fuels from and Shannon. Companies such as Viridian have sugar beet. That should become a priority for entered the market. We must accept there has the Government. been progress in that regard. On the consumption side, is the Minister satis- There has not been enough progress in the fied that enough has been done to reduce our adoption of new technologies. We have not pro- dependence on natural fossil fuels? I am not so vided enough encouragement to the wind energy satisfied. This is a crisis that we should take steps sector, for example. A few months ago I spoke to to remedy. people involved in the wind energy industry and It is time there was a major policy statement they were complaining about lack of encourage- from the Government setting out initiatives and ment for the sector. I appeal to the Minister of measurable savings in consumption over the next State to do everything he can to radically encour- ten years. These targets should be the subject of age a dramatic increase in supply from the wind regular debates here. energy sector. That may entail Government sub- There is an obligation on all of us to assist sidy, and even though I believe completely in the those in the energy industry who are doing their market, when one is trying to encourage an indus- utmost to bring energy into the country. I con- try there is a time for subsidy. We need more rad- gratulate the Minister for Communications, ical proposals before this House to encourage the Marine and Natural Resources, Deputy Noel wind energy, solar, ethanol and biofuel sectors. Dempsey, who has done his utmost wherever a I pay tribute to the Government and I criticise dispute has arisen to put in place reasonable the contribution by Deputy Coveney who failed mediation where people with genuine grievances 1985 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1986 can make their views known. There is an onus Mayo. We have been told that again and again on everybody to be reasonable and to help the but it is an election ploy. maximum amount of energy reach this country The road from Castlebar to Belmullet is one of which, as Deputy Coveney said, is at the end of the worst dirt tracks in the area. One could hardly the fuel chain. call it a road. If Ministers could visit the area I welcome the Bill. While the Government is more often and see what is happening and where doing much in the competition sector it needs to the gas is being taken from they might understand do more in the consumption area and needs to the reason the people are so angry. The best road encourage, by subsidy or otherwise, the use and in the area is between two bogs, that is, the road production of alternative fuels. between Ballinaboy and a bog a few kilometres down the road where it is intended to bring the Dr. Cowley: I am pleased to have the oppor- peat to set up a 9 km terminal inshore, which is tunity to contribute to the debate. In his contri- daft, and in the process bring this high pressure bution the Minister of State said the new gas pipeline within a dangerous distance of responsibilities of the CER include the regulation people’s homes. Children going to and from and promotion of natural gas safety. That is laud- school and shops have to cross that pipeline many able. The Bill should also have provided for the times a day. The best road in the area in the one safety of people, an issue about which I feel between two bogs and it is for the convenience of strongly. Five men from County Mayo spent 94 Shell. That is a further indictment of days in jail because of their fears concerning the Government. safety of the Corrib gas pipeline. It is a retrograde While I agree on the need to regulate and pro- step for the Government to be part of a process mote natural gas safety, homo sapiens matter that does not take into consideration the safety of also. This is where the problem lies. As the inde- the people. Under the law people trying to ensure pendent regulator for the electricity market, the safety in their own homes are in fear of going to CER facilitates competition by authorising the jail again through a process that has evolved. It is construction of new generating plant and licens- time to take stock and put people before profit. ing companies to generate and supply electricity. The Bill provides for steps to be taken by the In County Mayo many people were gainfully CER in the event of something going wrong. The employed in Bellacorick, a turf fired electricity circumstances of the five men from County Mayo production station. Everything is all right if it is could not have gone more wrong in that their done elsewhere other than in the west. Two new turf based electricity generating stations are being entire future and that of their families was jeop- provided in the midlands whereas Bellacorick will ardised. The Bill is about the regulation and pro- be closed with the loss of hundreds of jobs. There motion of natural gas safety but should include should be some provision in the Bill to ensure provision for people safety because homo sapiens some degree of balanced regional development. matter also. The problem is that there has been a lack of We have seen the provision of interconnectors balanced regional development and an inequality and the Bill provides for more equipment for the of treatment of the west compared to the rest of distribution of natural gas. How often have those the country. Some provision should be made for interconnectors been used not to bring gas into Bellacorick. A questionable decision was made Ireland but to take it out of Ireland? In the case that Bellacorick should not be revamped because of Kinsale gas field, the oil companies played of insufficient peat to burn. That decision has ducks and drakes with the Government and man- been questioned by Professor Seamus Caulfield aged to manipulate the position. It is amazing and others. The last census figures clearly show that the interconnectors were built given that that west Mayo, which includes Ballina to New- Ireland was running out of gas and would have to port, is in serious decline. The Bill needs to take import gas for our needs. Is the interconnector cognisance of the fact that there are people being used to export our gas? As happened in the involved in this. While our energy needs are case of the Rossport five, the fear is that their important the safety of the people is more rights will be trodden over for the purpose of important. It was utterly unacceptable that a bringing this gas to market. Instead of the inter- number of individuals spent 94 days in jail. The connectors being used to bring gas into Ireland right to bodily integrity under the Constitution, they will be used to export our gas. as affirmed in the Ryan case, does not appear to The Bill should contain a provision for the matter a whit when it is expedient to bring gas to regulation and promotion of natural gas safety market. While I have difficulties with regard to and for the safety of the people. It should ensure the benefits accruing to the State from the Corrib that if the natural resources of an area are gas deal, my main problem is that lives are being removed there should be some quid pro quo for jeopardised. This Bill does not address this issue. the people affected. We heard before the last It is regrettable that Shell has created a major election the great promise made by the Govern- pollution problem in Belmullet. What has the ment that gas would be provided to the towns of company achieved by its actions? Having been 1987 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1988

[Dr. Cowley.] every budget. The time for talk is over and urgent informed it would be impossible to build a pipe- action is needed. The mid-term review of the line facility on a bog, it proceeded with its daft national development plan showed an under- plan to move thousands of tonnes of peat to spend of \3.9 billion in the Border, midlands and another bog in an effort to establish foundations western region. Balanced regional development is for the pipeline. This has placed people in jeop- necessary to achieve proper use of energy and ardy, for example, through leakage into the area’s development. drinking water supply. I have raised on other occasions the need for The underspend of national development plan the IDA to work harder for County Mayo. I funding in my area has been a source of great specifically called for the introduction of a special concern. I have raised this issue on many tax incentive scheme for the county but this has occasions in the House. I want a quid not materialised. There is a bias in the distri- 3 o’clock pro quo for Corrib gas to be included bution of infrastructural investment which I hope in the Bill. This should include pro- the Government will address. I am aware the vision for special incentive schemes for County Minister for Finance has indicated it will be pos- Mayo, particularly the north-west of the county, sible to draw down NDP funding until 2006 and the most socio-economically deprived region in 2008 for projects co-funded by Structural Funds. the State. The region also requires greater invest- When I questioned him on the issue he was hon- ment in central infrastructure such as roads, rail est enough to admit there is no plan for the and broadband and the front-loading of invest- underspend in NDP funds, which is much higher ment for projects such as the western rail corridor. in the BMW region than in the southern and eastern regions, to be distributed as intended. The Bill focuses on energy and speakers have This is regrettable. pointed to the need to make proper use of resources. The loss of freight services in Ballina Under the previous Government, a group of and the escalating use of roads for freight trans- western Ministers had regular contact with the port creates problems. The proportion of freight then Minister of State with special responsibility transported by rail compared to road is minus- for rural development and ministerial colleagues cule. The Government has lost the plot in this on matters of concern to the west and the West- area with oil consumption continuing to rise. ern Development Commission. I understand this Expansion of rail freight services would be a group has been stood down. A concrete plan, sep- much more effective approach to reducing energy arate from the national development plan, is consumption. Instead, however, we are wit- required if we are to make proper use of our nessing the complete meltdown of freight resources and draw down the funding intended services, notably from Ballina to the south east. for the BMW region. The Government, if it is interested in the proper I hope a serious attempt will be made to use of energy resources, must take urgent action address the gross underspend in the BMW region to encourage a return to freight services. as it is falling further behind. When I highlighted A further problem is the unequal distribution this problem more than a year ago I was led to of broadband and the refusal to sanction invest- believe the Government would take action to ment of \29 million for Knock Airport. The pro- address it but nothing has happened. I am motion of the east and south to the detriment of amazed it does not have a plan in place to guaran- the rest of the country will result in gross inef- tee the underspend will be tackled. This is an ficiencies as energies are focused on already con- indictment of the Government. gested areas. The possibility of building a third The Government has squandered our natural terminal for Dublin Airport will perpetuate resources, including natural gas. Ireland should uneven regional development. At present, 29 mil- look towards the example of Norway. Having vis- lion air passengers fly into the east and south, ited the country, I was impressed by how it uses whereas only 500,000 air passengers fly into the its natural resources and has managed, for west, with perhaps a further 10 million flying into example, to secure co-operation from the oil com- the North. Imbalanced regional development of panies in ensuring the state received a proper this nature does not make sense as only balanced return from its natural resources. In my dis- regional development can deliver proper use of cussions with the Minister for Communications, resources and energy. Nothing will change until Marine and Natural Resources, Deputy Noel such time as the Government drops its refusal to Dempsey, on this matter he indicated a windfall provide the \29 million required by Ireland West tax could be introduced if it transpires that the oil Airport Knock to meet its infrastructural needs companies extract more gas or oil than originally for 2006-07 and provides the \365 million needed envisaged. How much is the Government being for the western rail corridor. told because the oil companies have played ducks Despite its decentralisation plans, the Govern- and drakes with it in the past? ment has failed to deliver in the west. The Mini- The folly of not utilising our natural resources ster for Foreign Affairs, Deputy Cowen, preaches to our maximum advantage is manifest in the about the need for balanced development in Government’s policy on granting exploration 1989 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1990 licences to oil and gas companies for a maximum the oil companies are doing. The Government of five years. I have raised this foolishness pre- should consider establishing an oil exploration viously. We have all heard of the pantomime company to harvest our natural gas and oil. Why story of Jack and the Beanstalk. Like foolish do we not have the same confidence in ourselves Jack, the Government gave away our natural as, for example, had the Norwegians? resources for a handful of beans believing it I am glad I had the opportunity to speak on the would not get anything from the deal. Unfortu- Bill. The House is now going into recess. Every- nately, this is not a fairy tale with a happy ending thing stops during the recess and that is wrong. because we are deprived of adequate resources. There should be some means whereby we can ask We only need consider the energy and revenue questions. Parliamentary procedures should con- benefits to the country of having natural gas. In tinue. I urge the Government to think about the west, people are lying on hospital trolleys and, homo sapiens and to put people before profit. in some cases, waiting for eight years to be called for a urology appointment by which time they Ms F. O’Malley: One could be forgiven for not may present with advanced cancer. People are realising that we are discussing an energy Bill waiting four to five years for rheumatology given the last speaker’s tour through County appointments so they miss the window of oppor- Mayo, the west and every other issue. I admire tunity within two years to avoid being crippled the Deputy’s energy and his ability to look after for life. Mayo General Hospital does not have a his constituents and to secure coverage on the rheumatology or urology unit due to lack of radio. money. Think about what it would mean for this coun- Dr. Cowley: What is more important than people? try if we utilised our energy resources as we should. BreastCheck will not be rolled out until Ms F. O’Malley: This is a welcome Bill. Energy 2009. Due to lack of funds it was not extended has shot to the top of the political agenda as a throughout the country in 2000 as it should have result of the crisis that arose over security of sup- been. It has already been proven to reduce the ply, particularly the conduct of Russia and death rate from breast cancer by 20% to 30%. At Ukraine and the closure of the pipeline. The least 65 people in the south and west have died Minister’s reference to the Government’s evolv- who should not have died. Before it is rolled out ing energy policy was a nice choice of phrasing. in 2009, a total of 250 people will be dead in the It is evolving and that is welcome. The provisions south and west unnecessarily. The reason given in the budget last year were particularly welcome for not rolling out the service in 2000 was the and I look forward to more of the same in the intricacy and complexity of establishing such a next budget. service but that is balderdash. The service has The Oireachtas committee is due to produce its been available in the North since 1993, where the energy document. We put a great deal of work death rate was cut by 20%. The rest of the coun- into that. The Minister is also due to produce an try did not have the benefit of saving that 20% to energy document which we await with great 30% due to lack of money. anticipation. The Opposition has criticised the We could utilise our natural resources by secur- Government throughout this debate but I ing the return of money from the oil companies. attended a conference yesterday on future energy This money could be used to buy a temporary and contributors to the conference commended breast screening service from the private sector. I the State for its foresight in preparing to deal with am not a promoter of the private sector but until the issue of peak oil production and what that will the Government can roll out the service through- cause. Only Ireland and Sweden have produced out the country in 2009 for all citizens, there documents on peak oil production and how to should be a temporary service. It would save 250 deal with it. The Forfa´s report was welcomed as lives. It is a matter of money. The profit from our a testament to the forward thinking of the natural resources could make a major difference Government. It is one plank in the Government’s in this regard. evolving policy. Oil companies can hold a licence in this country The most important aspect of this Bill is the for up to 19 years. That is a long time. The ter- redefinition of the role of the CER. I have been rible reality is that we are giving the oil compan- an active participant in the Oireachtas committee ies something for which they need not do any- examining the energy issue and the single consist- thing more than promise to drill. In those 19 years ent issue we have encountered is criticism of the they do not have to drill. That is ridiculous. Why commission, from politicians on the committee, not give the oil companies a licence for five independent energy suppliers and, at times, the years? At present, they do not have to do any- Minister. The provisions in the Bill which provide thing with the licence. I asked the Minister, for the Minister to instruct the CER on policy are Deputy Noel Dempsey, about this and he said extremely welcome. Some of our problems arise there are 121 exploration wells but only four have from the moratorium that was placed on the wind been successful. However, we do not know what industry by the CER in December 2004. We are 1991 Energy (Miscellaneous Provisions) 6 April 2006. Bill 2006: Second Stage 1992

[Ms F. O’Malley.] All of us who have attended energy committee only now feeling the results of that. At recent meetings know that the dominance of the ESB is meetings of the committee, more independent a major hurdle to true competition in this coun- suppliers have complained about this difficulty. try. We must take strong action and be very care- Indeed, when the committee asked the com- ful how we proceed on the question of domi- missioner for justification for this, he was a little nance. Already we have seen Airtricity indicate shy in telling why he had chosen to do this. He the market is not viable. The question of regu- could often hide behind his role as it was defined lation, which changes so often, and the lack of a in the 1999 Act so the new provisions in this Bill coherent policy make it difficult for companies to are most welcome. Members would prefer that conduct business here. Therefore, I hope that this somebody who is responsible to the House, in the Bill, by providing policy direction from the Mini- person of the Minister, give the policy directions ster, will facilitate progress in this area. and give answers to the House. It has been said by independent providers that I have been looking at the role and the function in the past the Commission on Energy Regulation of the CER. In correspondence I have seen, the has been hostile to renewable energies. A report CER indicated that at times its responsibilities in today’s Financial Times answered the question were sometimes in conflict with each other and on the cheapest source of energy by stating that the question was prioritising them. Political direc- wind power is the cheapest fossil fuel security. I tion could not be given prior to this so, to be fair hope this puts paid to the notion that wind energy to the CER, the commissioner was doing his best. However, it is essential that there is political is more expensive because of the issue of inter- direction. It should come from a coherent policy mittency. I do not believe wind energy is the sole and the ability of the Minister to direct the CER. answer to Ireland’s energy supply needs, but it is One issue that worries me with regard to how a source that has not been sufficiently explored. the CER has performed to date is that the choices The Progressive Democrats Party has set an it made about who got grid connections and so ambitious target of 30% of energy needs from forth have left us exposed in terms of gas sup- renewable sources by 2015. Some people may say plies. The amount of electricity produced from this is not achievable. However, it is if we have gas is alarming. It is not what it should be, the vision and will to develop it. We must have namely, a moderate amount with a variety of sup- the capacity to understand the problem and the pliers providing the electricity. Over 50% of our vision to seize the opportunity and provide funds electricity is generated from gas. This leaves us through Government and private sources. I do very exposed. When the North Sea gas supplies not like the notion that the Government should run out, Ireland, like the rest of Europe, will be deliver this on its own. If private industry is pre- dependent on Russian supplies. We are at the end pared to be involved — this is what competition of that supply line so we can hardly expect our and a liberalised market is about — we should needs to be looked after before those of other allow it into the market. countries along the route. The energy question is as great a challenge to The all-island market will deal, to a certain the country, as was the economy in the 1980s. extent, with the dominance of the ESB. However, Look where we are today. Who would have said as we know from our recent deliberations with that our economy would be the talk of every the CER, there is a long way to go in terms of other country? Someone said to me this morning how the two regulatory frameworks, North and that it is only in this country that people think the South, will marry, as it were. I did not get the country is going down the tubes. People in every impression that the CER was confident that it other country wonder how we got our economic would happen before the deadline. However, it miracle together. We must recognise that this is will have to, so they will need to move on it and an extraordinary country and that the challenge this legislation takes the right step. we faced in the economy in the 1980s was dealt Rather than just consider an all-island market, with successfully. we need to consider a regional market for the United Kingdom and Ireland. An all-island We can deal as successfully with the challenge market does not provide enough competition for presented by the energy question. We are in an suppliers and for that reason we need to expand isolated position but we need to recognise that the basis of a new market that would be available we are in a country that is best placed, both geo- through the UK and Ireland. To do this right and graphically and otherwise, to harness wind to provide opportunities for our island, we need energy. The Progressive Democrats target is 30% better interconnection facilities. I welcome the of energy needs to be provided by renewable fact that the Bill provides that somebody other resources by 2015. We need to see the issue of than the ESB can provide such an interconnector. energy as a long-term issue. I was disappointed Independent energy companies are keen to that Deputy Ryan’s suggestion of an all-party provide this and I hope the Minister is favourable group on energy issues was rebuffed by his sup- to it. posed potential Government colleagues. 1993 Priority 6 April 2006. Questions 1994

Mr. Durkan: I am not surprised. I would not way. Given the provisions of this Bill, the work like to be in the same loop as those on the of the committee on energy policy and the Green opposite benches. Paper, I believe the future is bright. We need to ensure we include all the necessary provisions Ms F. O’Malley: Those who supported him and that we cut the red tape so that people can were the Progressive Democrats and Fianna Fa´il, lead the way. because we have the vision and responsibility to see where the future lies in this area. It is sad that Debate adjourned. his colleagues who seek to form a Government are not coherent on this issue. I listened to what Ceisteanna — Questions. Deputy Coveney had to say and wonder whether he would have thought differently if he were the Priority Questions. energy spokesperson and a committee member. By and large, parties do not hold differing ———— opinions on this issue and it is an opportunity missed when we do not come together on it. Fisheries Protection. Members of the joint committee have worked well together and when the committee launches 1. Mr. Perry asked the Minister for Communi- its energy policy, I doubt there will be many dis- cations, Marine and Natural Resources if, further senting voices. We have a good basis on which we to his recent announcement that anglers now can move forward. have a ten fish quota for the 2006 angling season I would like to focus on research and develop- with an all district total limit of 15,000 fish as per ment. On account of our location and the poten- the scientific advice, the rule will still be in place which dictates that one fish can be caught by ang- tial for wind and wave energy, many groups have lers per day to June first and three fish per day commenced pilot schemes, for example, in Cork after that date; if compulsory catch and release and off the Arklow Bank, where research is being will be implemented once 15,000 fish have been carried out into new technologies. We need to caught; the way in which the fishery boards will seize this opportunity as we did in the infor- know when 15,000 fish have been caught; the way mation technology sector. The potential is enor- in which these measures will be policed; and if he mous. At a future energies conference yesterday will make a statement on the matter. [13604/06] there was discussion on a possible \6 billion investment, almost equating to the pharmaceut- Minister of State at the Department of ical sector. We need a wise Government to seize Communications, Marine and Natural Resources this opportunity. I welcome the fact that the (Mr. Browne): I apologise for the absence of the Government has started along this path. There is Minister due to a family bereavement. a long way to go, but more than anything we need The National Salmon Commission, informed a belief in this future. by the National Fishery Managers Executive, has Mention has been made of the biomass sector recommended that total wild salmon exploitation and the contribution transport fuels make to our in 2006 should not exceed 106,367, with 91,367 CO2 emissions. Everybody talks in the same way allocated to the commercial sector and 15,000 to about the opportunities. Our party held a con- angling, thereby fully complying with the national ference in Portlaoise recently which was attended conservation limits established by its standing by 300 farmers who were keen to hear about the scientific committee. future of farming and biomass production, cellu- I am advised by the fisheries boards that the lose, miscanthus etc. We are all singing from the total angling catch will be controlled primarily in same hymn sheet. Why do those who dissent not two ways, by a reduction in the annual bag limit join the committee? from 20 to ten fish and the imposition of manda- tory catch and release in eight of the 17 fishery Mr. Durkan: We would just love to be con- districts from the month of September. demned along with the Government, would we I intend, by means of amendments to the Con- not? servation of Salmon and Sea Trout By-law (No. 797, 2004), to limit the number of fish which can Ms F. O’Malley: I find it extraordinary that be caught per day to one per day until June and some Deputies do not want to work with their three per day until the end of September, subject colleagues. to the maximum annual bag limit of ten fish. Once anglers have used all their tags they will be Mr. Durkan: The word is that Deputy Charlie required to cease fishing. O’Connor does not want to be in the loop either. I intend, by making a further by-law, to intro- duce compulsory catch and release from 1 Ms F. O’Malley: The farmers were all gripped September in eight identified fishery districts that by the opportunity. We are living on the brink of are not meeting conservation limits. These are a new era in terms of energy. The challenge for Dundalk, Drogheda, Dublin, Wexford, Water- Ireland is to harness that energy and lead the ford, Shannon, Galway and Sligo. The fisheries 1995 Priority 6 April 2006. Questions 1996

[Mr. Browne.] decision that will mean they will be very limited managers have argued that there is an absolute in the number of fish they can catch. However, need to conserve stocks in those districts. Given we must also take into account that while we have that commercial fishing ceases in the majority of 21,000 anglers, a significant number of them do districts on 31 July, they maintain that there is no not fish or catch no fish. Furthermore, a certain reason that anglers should continue to kill fish up number of the draft net, drift net and snap net to the end of September. fishermen do not fish. I am advised that enforcement will be under- The decisions we have taken for this year will taken in the normal way through fisheries officers have to be fully complied with. The Minister and checking individual anglers for compliance. The I will meet the fisheries board managers in the fisheries boards are exploring opportunities to next two weeks to discuss serious enforcement develop and enhance their protection regime, and ensure that the 15,000 and 91,000 limits are making use of modern technology and manage- fully observed. ment methods, including the assessment of dis- trict-based quotas for the angling sector. Mr. Perry: We are all in favour of the conser- While I am relying on the assurances given by vation of stocks and I am aware that the Minister both the commercial fishing interests and angling has appointed a team to carry out an evaluation. representatives that they are fully committed to However, if one wants to ensure fairness between all measures associated with the conservation and commercial fishermen and anglers, the number of protection of our valuable wild salmon stocks, I tags issued by the Department must be con- have, nevertheless, asked the fisheries boards to trolled. At present, there is no methodology ensure that the new quotas are fully enforced. whatsoever to regulate the number of tags sold The fisheries boards will continue to monitor the or to prevent anglers buying multiple tags. In fishery and I have asked them to keep me advised effect, if they so wished, anglers could buy 50 tags of necessary measures in the course of the season and there is nothing to prevent them from doing to ensure compliance. so. A system should be set up whereby anglers are given a registered number which is stored on Mr. Perry: It is no wonder that there is a signifi- a database and available to all tag outlets. cant degree of conflict between the commercial fishermen and anglers, given the difficulties, Mr. Browne: Nationally, 106,000 tags will be despite the best intentions, in regulating the issued this year. That takes into account commer- angling sector. Will the Minister of State indicate cial fishermen and anglers. Like the Deputy, I how many licences were issued in 2005? have heard anecdotal evidence of the abuses to If one looks at the situation with the River which Deputy Perry refers. For that reason, we Slaney in County Wexford, only 376 salmon can will meet the fisheries board managers in two be fished. There are 75 draft net fishermen on weeks’ time to determine how we can strictly that river who, in effect, can only catch five enforce the limits. We may look at new ways of salmon. With regard to anglers, there is no con- doing so and perhaps take on board some of the trol whatsoever. An angler can buy ten tags in Deputy’s suggestions. We will also examine the one district and a further ten in another district. utilisation of modern technology with regard to The word of the angler has to be accepted that the issuing of licences, checking log books and he or she has not bought tags previously. There so forth. There is much ambiguity which must be is no central control system. Potentially, up to cleared up and I am determined to do that. I have 21,000 licences will be on sale this year. If that been three weeks in this post. A decision has figure is multiplied by ten, that would amount to been made and I hope that we will get the sup- 210,000 salmon, whereas the quota for anglers is port of the anglers and commercial fishermen this 15,000. year. However, as in every walk of life, some people will want to break the law but we will take Mr. Browne: I have read the reports of the action against them. National Salmon Commission and met the chair- man. I have also met the fisheries managers, 2. Mr. Broughan asked the Minister for groups of drift net, draft net and snap net fisher- Communications, Marine and Natural Resources men and anglers from all over the country. There if he will provide details of the recent adoption is general agreement that stocks must be con- of the recommendations of the National Salmon served. There was also a general agreement that Commission; what the quota reductions will be; we would accept the recommendations of the what will happen to salmon stocks after 2006; the commission this year, even though the 2006 fig- remit of the three-person independent group to ures are slightly higher than what was recom- examine the implications, especially the financial mended by the scientists. Next year we intend to ones, of the new regulations for the commercial move fully to the scientific figures, which will sector in 2007; and if he will make a statement on have further serious implications. the matter. [13603/06] I am aware of the situation on the River Slaney and the people in that area are not too happy Mr. Browne: I announced on 24 March that I with the fact that I am going to sign off on a had decided to adopt the recommendations made 1997 Priority 6 April 2006. Questions 1998 to me by the National Salmon Commission with in time for application in spring 2007. The scien- regard to the total allowable salmon catch for tists will also be asked to tender advice on the 2006. This will involve reductions in the quota management of sea trout stocks over the coming available to commercial fishermen and anglers in months. 2006. In doing so, I have also reaffirmed the The standing scientific committee has indicated Government’s commitment to fully align with the that mixed stock fisheries pose particular threats scientific advice provided on the management of to the status of individual stocks and that fisheries the wild salmon fishery by 2007. operated in estuaries and rivers are more likely Accepting the recommendations of the to fulfil national and international obligations. In National Salmon Commission and the National this context, the National Fisheries Management Fishery Managers Executive, the total allowable Executive has identified a range of pilot projects catch in 2006 will be 91,367 for the commercial to facilitate the commercial fishery to move from sector and 15,000 for angling, fully complying areas of indiscriminate mixed stock fishery with the national conservation limits established exploitation. The feasibility of these projects will by the standing scientific committee. These be evaluated by the Department in conjunction reductions in overall fishing effort are required to with the fisheries boards and the Marine Institute sustain and rebuild wild salmon stocks with a view to their implementation in 2007 and nationwide. beyond. I propose to amend the Conservation of Salmon and Sea Trout By-law (No. 797, 2004) to Mr. Broughan: The scientific advice was restrict the annual angling bag limit to ten fish released towards the end of January of this year per angler for 2006. While the National Salmon and the narrow decision of the National Salmon Commission had recommended a limit of 15 fish Commission followed some weeks later. There is per angler, I believe the lower level to be neces- much confusion among fishermen, anglers and in sary to contain the total harvest by anglers to fishing communities as to what will happen in 15,000 fish, given that there has been no appreci- 2007. The Minister of State stated the TAC for able reduction in the average angling catch in the 2006 is 91,000, which is disappointing to many last five years and in the interest of balanced such as those in the Stopnow campaign. What will treatment of all stakeholders. happen in 2007? Is the Minister of State indicat- I intend to introduce a new by-law to provide ing that commercial fishing for wild salmon will for the introduction of compulsory catch and stop in 2007? Is there any intention to put in more release from 1 September in eight identified fish- salmon counters, given that there is not enough ery districts that are not meeting conservation information on stocks? limits. The fisheries managers have argued that Has a division of the single stock management there is an absolute need to conserve stocks in for salmon, the precautionary principle, as articu- those districts. lated in the report of the Joint Committee on I recognise the considerable efforts made by Communications, Marine and Natural Resources, the commercial fishing industry in recent years to been introduced? An expert group comprising build a sustainable fishery and it has endured Padraic White, Professor Collins and John large cuts in the quotas available to them. I Malone was appointed. Has the Department realise that these reductions have caused the made any estimates of the total losses for com- industry difficulty and that full alignment with the mercial fishermen? I have seen estimates of \7 scientific advice will probably compound these million plus. Does the Minister of State have the problems. For these reasons, I have decided to figures? appoint an independent group to examine the Will there be a buy-out in 2007? If so, will it be implications of the new regulations for the com- voluntary or compulsory? Will the same happen mercial sector in 2007 and beyond and to make to commercial driftnet fishermen as happened to recommendations on the options available to Dublin taxidrivers? Will the Government appoint address any financial hardship that may arise. The a hardship panel to award certain amounts of group will also determine the extent to which money in compensation? those stakeholders deriving economic benefit The wild salmon is a key national symbol but from the decision should contribute to any we have become a pariah in Europe because of scheme, whether in cash or in kind, including our treatment of our salmon stocks. Everyone improved tourist access. wants to see the commercial fishermen treated fairly in whatever mechanism is used. I welcome Additional information not given on the floor of the establishment of the expert group which will the House. report in August. I have also accepted the National Salmon Com- mission’s recommendation that measures should Mr. Browne: Over the years figures from \30 be considered to deal with the exploitation of million to \150 million have been used in describ- multi-sea winter salmon stocks, including con- ing the financial implications of banning driftnet- sideration of the length of the angling season. The ting. When I returned to the Department in fisheries managers, having considered the scien- October, it was still an issue. I believed it was tific advice and will identify appropriate measures time to examine the implications of adopting the 1999 Priority 6 April 2006. Questions 2000

[Mr. Browne.] to the Exchequer for the public benefit. There is scientific advice for 2006. There will be severe no guarantee that a State-owned Eircom would hardships on the netmen with a quota of 91,000. provide better competition, services or inno- There are already severe hardships considering vation in our fully liberalised telecoms’ market. their quota was 250,000. In 2006, the scientific advice was used to base the TAC and it will have Mr. Crowe: I note the Minister used terms such serious implications. as “liberalisation”. I take it the drift will continue The Minister for Communications, Marine and in the provision of telecommunications services. Natural Resources, Deputy Noel Dempsey, and I Eircom was floated on the Stock Exchange and put a proposal to Government for the appoint- then was sold to a consortium which asset- ment for a group of three learned men to exam- stripped it. Those involved paid themselves a ine the implications of financial hardship, com- \500 million dividend based on borrowing. It pensatory measures and implications on coastal refused to invest in the national broadband roll communities. It will report in early August with out or a \1 billion upgrade of the network. The its recommendations. I have asked the group to consortium then decided to sell on the company examine all options, including voluntary and com- on the Stock Exchange. pulsory buy-outs, and the effects on fishing com- munities. An Ceann Comhairle: Does the Deputy have a question? Mr. Broughan: The group will make a recom- mendation to the Minister of State which he will Mr. Crowe: Will the Minister of State accept follow. that the sale of Eircom was a disaster? A few Mr. Browne: It will make a recommendation people made themselves very rich, most notably that will be considered by the Department and Sir Tony O’Reilly, while the telecommunications will then go to the Government. If a financial infrastructure has been neglected and is in decay. recommendation is made, which I expect will How is it proposed to rectify the mistake of priv- happen, it will have to be approved by the atising Eircom? Will the Minister re-nationalise Government. the company? Does he want to take a strategic The establishment of the group by the Govern- interest as to what is happening in the telecom- ment means there is an expectation of some mon- munications sector? etary compensation. The most recent figure I Has the Minister examined the National Pen- have been informed of is \30 million. I have not sions Reserve Fund being allowed to invest in the told the independent group of this. Padraic White company’s network? Those individuals involved was involved with the scallop industry. John in buying-out the company did not give a damn Malone was involved in drawing up compensa- about our knowledge-based economy and the roll tory packages in the farming sector. We should out of broadband. Ireland’s telecommunications allow the fishing for this year with the TAC of infrastructure is languishing behind those of other 91,000. By early August we will have the report countries in Europe. While we hold ourselves up of the independent group and we can then make as greatly advanced in our telecommunications, strong decisions on 2007. we are the laughing stock of Europe. People in Galway have difficulties in getting e-mail services. Telecommunications Services. Will the Minister rely on the market and these private investors who are more interested in pro- 3. Mr. Crowe asked the Minister for Communi- fit than the public good? cations, Marine and Natural Resources his views on whether Eircom needs to be re-nationalised Mr. Browne: There are no plans to re-national- and that the Government’s decision to privatise ise Eircom. There are some problems with it in the first place has proved disastrous. [14058/06] Eircom services in every constituency. It is useful to reflect on the positive elements of the telecoms Mr. Browne: The State has no plans to sector by examining ComReg’s latest quarterly nationalise Eircom infrastructure or regain con- data, covering Q4 of 2005. It shows the telecoms trol of any part of it. The telecoms’ market is fully sector in Ireland employs about 14,500 people \ liberalised and independently regulated by Com- and is worth around 4 billion. For fixed calls Reg in accordance with the EU regulatory frame- Ireland is better than the EU average for both work. This is the case in all EU member states. national and international calls for residential and Privatisation of Eircom took place against a business customers. Ireland has a mobile tele- background of liberalisation of telecoms’ markets phone penetration rate of 102%, which shows the and was part of a broader trend, which was appetite for consumers for these types of services reflected across the EU. Several other former and the variety of mobile services in the market State-owned telecoms companies have either including 3G services. The Irish broadband been fully or partially privatised by their govern- market more than doubled in 2005, more than ments. The State received over \7 billion when it twice the rate of growth of the EU broadband privatised Eircom in 1999. This provided money market. 2001 Priority 6 April 2006. Questions 2002

Mr. Crowe: We are coming from a low ebb on broadband programme is tackling supply side that. Considering the sell-off of Aer Lingus is issues and was a direct response to the lack of being mooted, why did the State not hold on to investment by the private sector. High-speed, this strategic share? Was it because that was part open-access metropolitan area networks, MANs, of the agreement with Sir Tony O’Reilly who are being constructed on a phased basis in associ- made huge profits from the company? Was it sim- ation with the local and regional authorities. ply left to the private sector to roll out broad- Phase one of this programme has delivered fibre- band? Was there any particular reason why the optic networks to 27 towns and cities. This prog- Government abandoned the development of tele- ramme has been extended to more than 90 towns communication services after investing so much nationwide. These metropolitan area networks money and time through the years? allow the private sector to offer world-class broadband services at competitive costs. Mr. Browne: In 1999, the Government decided According to the report, one of the biggest to sell off Eircom and took in \7 billion. I am challenges for the Government is demand or certainly not in the pocket of Tony O’Reilly. I take-up, and Ireland continues to lag behind its never met the man and do not know him. He OECD partners in this area. Earlier this year, my would not influence me one way of the other. Department initiated a consultation process to examine the level of demand for broadband 4. Mr. Durkan asked the Minister for services in the Irish market, which concluded in Communications, Marine and Natural Resources March. The discussion document touched on key if his attention has been drawn to the concern demand factors for consumers and asked for pos- expressed about the long drawn out delivery of sible examples of demand measures by Govern- broadband services here and the resultant econ- ment and industry, if any are necessary. More omic consequences; if he, directly or through the than 100 responses were received and a wide regulator, will identify the cause or causes for the range of issues were raised which are being exam- delay; if his attention has further been drawn to ined by officials in the Department for further the critical nature of the report on broadband action. drawn up by the Joint Committee on Communi- The third conclusion is that Ireland requires cations, Marine and Natural Resources; if he has strong competition in the market to maintain proposals or intends to issue instructions to economic competitiveness. In 2004, there were address the issues raised in the report; his pro- more than 80 Internet service providers while posals to increase the number of service providers today there are more than 150 such companies in this area with a view to accelerated delivery of with at least 45 different broadband offerings. services; if he has studied or identified impli- The use of fixed wireless local access is increas- cations for the industry such as local loop ing, especially in rural areas that cannot obtain unbundling in the event of a sale of takeover of ADSL connectivity. In addition, the development Eircom; if his attention has further been drawn to of wi-max offers considerable potential for the the urgent need for investment in telecom- future. munications infrastructure; his views on the State re-entering this market; and if he will make a Mr. Durkan: Delays have been experienced in statement on the matter. [14056/06] the provision of broadband but did the Minister take any action about them? At least three years Mr. Browne: The development and roll-out of ago, the then Minister had discussions with a broadband technology is primarily a matter for number of market providers in various communi- the industry in a fully liberalised market. cations areas with a view to establishing an accel- However, broadband providers in Ireland were erated programme. Why was some action not slow in launching competitive, affordable broad- taken at that time, given that the alarm bells had band. The delays in broadband roll-out can be begun to ring? Will the Minister of State indicate attributed to the lack of competition between to what extent he and the Government have iden- providers and the reduction in investment in tified the causes of the delays and set about rem- infrastructure in the aftermath of the dotcom edying them? The joint committee’s report is a crash. damning indictment of the process of providing The report to which the Deputy refers has been broadband in this country. It compares most examined in some detail. It recognises that avail- unfavourably with the dramatic results achieved ability is improving rapidly. The latest quarterly in other jurisdictions in a shorter time by doing data report from ComReg on delivery rates indi- some of the things the Minister and his Depart- cates that broadband subscriptions increased by ment refused to do. 103% from December 2004 to December 2005 Will the Minister indicate whether the number and now stand at 270,700. The current level of of potential service providers could be increased? take-up is consistent with the stage of develop- What obstructions caused them to remain outside ment of the market. the market and can they be dealt with? To what The report recognises that the roll-out of extent is the Minister willing to examine local broadband infrastructure in rural areas needs to loop unbundling and other issues associated with be maintained. The Government’s regional market dominance? Economists have suggested it 2003 Priority 6 April 2006. Questions 2004

[Mr. Durkan.] management services entity, and offer wholesale is vital for the State to have some control over open access to all service providers. elements of the telecommunications infrastruc- In planning the next phase of the MANs prog- ture, otherwise it will not be possible to meet ramme a review of the availability of DSL broad- future requirements. band in the regions showed that more than 90 towns with a population of 1,500 and more were Mr. Browne: Some 18.7% of households have not being offered a broadband option by the broadband. Obviously, there are some roadblocks private sector. These towns were selected for and the Minister initiated a discussion document investment under phase two of the MANs prog- in this regard. As I indicated, more than 100 ramme. A number of regional towns, including responses were received which are being Tuam, already had DSL broadband on offer from reviewed by officials in the Department to see the service providers, so priority was given to the how some of the roadblocks can be lifted. provision of essential broadband infrastructure in The 27 MANs projects have now been handed those towns where none existed. over to the people who will manage them. In Five towns in County Galway will have MANs addition, 575 communities in the group broad- constructed under this phase: Athenry, Ballin- band scheme, which is being rolled out, will cover asloe, Clifden, Gort and Loughrea. The detailed a population of 420,000. The Minister is examin- design stage is already under way, project man- ing how we can speed up implementation of the agers have been appointed and construction is broadband project. expected to begin over the coming months. The \ The Deputy referred to the privatisation of cer- cost of the projects in Galway is more than 7 tain areas. It must be borne in mind, however, million and the Department will provide grant aid \ that as regards all the broadband areas in which of more than 6 million. These networks should the Government has invested, including the be completed within 12 to 18 months thereafter. MANs project and the rural areas project, the Tuam is not part of the current roll-out but may infrastructure will remain within the Depart- be included in further phases subject to the neces- ment’s control. While people will be allowed to sary approvals and Exchequer funding being operate the system, the actual infrastructure will made available. be under the control of the Department. Galway County Council has submitted a strong Deputy Crowe raised an important issue earl- case for a MAN project to be built in Tuam and this is being kept under review. Broadband is ier. The Eircoms of this world were not prepared available in Tuam. The Department’s sponsored to become actively involved in infrastructural website, www.broadband.gov.ie, which facilitates development for broadband. The Government consumers trying to locate broadband service decided to do that through the Department and providers in their area, lists 12 Internet service as a result, we have had huge investment in the providers offering broadband on digital sub- schools, MANs and rural broadband projects. All scriber lines, DSL, one company offering it via that infrastructure will remain under the control wireless, and 11 satellite broadband providers. of the Department. The Department also offers funding assistance for smaller towns and rural communities through Mr. Durkan: Lucky Luke. the county and group broadband scheme. The scheme is technology neutral, allowing the com- 5. Mr. McHugh asked the Minister for munity to select the most suitable broadband Communications, Marine and Natural Resources delivery platform for the area. To date, a total his plans to provide fibre-optic broadband to capital investment of \2.19 million has been made serve the hub town of Tuam, County Galway, in in GBS projects in Galway involving a total of order that the town is provided with a world-class \533,000 in grant aid to implement these projects. broadband service to enable it achieve its poten- tial as envisaged under the national spatial Mr. McHugh: The bottom line here is very sim- strategy. [14060/06] ple because Tuam is designated as a hub town in the national spatial strategy. It has also been Mr. Browne: The provision of telecommunica- designated as a RAPID town for tions services, including broadband, is a matter in 4 o’clock growth by Galway County Council. the first instance for the private sector companies Does the Minister agree that growth operating in a fully liberalised market. The cannot happen without fibre optic broadband? In Department’s regional broadband programme is his reply, the Minister of State indicated that addressing the infrastructural deficit by building Tuam has broadband. That is no excuse. It is like high-speed, open access broadband networks in stating Ireland has a road network and then it association with the local and regional auth- transpires those roads are boreens in places orities. Some 27 metropolitan area networks, where dual carriages are required. MANs, have been completed on time and under Does the Minister of State agree this is a prime budget under phase one of the MANs prog- example of the disconnection between various ramme. These completed networks are being Government strategies? The national spatial managed independently for the State by Enet, the strategy designated Tuam as a hub town, and 2005 Other 6 April 2006. Questions 2006 decreed that Government and State agencies Other Questions. would tailor and design their policies to underpin the national spatial strategy. In this case we find ———— that Galway County Council made a submission to the Department for six towns in County Offshore Exploration. Galway, five of which were approved. The one 6. Mr. Costello asked the Minister for not approved was Tuam, which is the only one Communications, Marine and Natural Resources designated as a hub town in the entire county of if he will report on the recent frontier Slyne- Galway. Does the Minister agree that Tuam sim- Erris-Donegal licensing round; his views on ply cannot achieve its potential, attract foreign reviewing the current terms for the exploration direct investment or develop as envisaged in the and exploitation of natural resources here; and if national spatial strategy without fibre optic he will make a statement on the matter. broadband? The Minister of State’s Department [13610/06] refuses to allow Tuam to achieve its potential by not granting the installation of fibre optic Mr. Browne: Five applications were received broadband. for frontier exploration licences in the recent Slyne-Erris-Donegal licensing round which closed Mr. Browne: The fact that Tuam and other on 15 March. These applications were from Sta- large towns throughout the country, including toil Exploration (Ireland) Limited with Shell E. & three in my county, had DSL meant the Minister P. Ireland Limited as a partner, Serica Energy decided to invest in towns without DSL. It is now (UK) Limited, Grianan Energy Limited and two acceptable that the MANs programme and net- applications from Island Oil & Gas plc with Lun- works far exceed the DSL programme. For that din Exploration BV and Endeavour Energy (UK) reason, towns such as Tuam, Thurles, Shannon, Limited as partners. A total of six full blocks and ten part-blocks were applied for under the licens- Enniscorthy, Naas and Ennis are being con- ing round. These applications are being con- sidered by the Department. The capital involved sidered by officials of the Department. Awards of to bring these towns up to the level of a MANs licences are not expected to be announced until project is approximately \60 million. The Depart- early June. ment is in discussions with the Department of The Minister for Communications, Marine and Finance to advance this issue. Natural Resources, Deputy Dempsey, and I are I accept what the Deputy stated. DSL is pleased with the response to this licensing round inferior in ways and large towns such as the and hope that it will, in time, lead to new pet- Deputy’s need a MANs project. The Department roleum discoveries. In Ireland, we import 80% of is examining that. The overall cost will be our natural gas requirements and 100% of our oil approximately \60 million. We must convince the requirements. It is therefore extremely important Minister and the Department of Finance to that we try to reduce or eliminate this high level advance that money to the Department. The of dependency on petroleum imports. For that phase 2 programme will come to an end shortly reason we need to continue promoting and and we will strongly push to have a MANs project encouraging petroleum exploration in Ireland. in Tuam and other towns throughout the country. Ireland’s terms are kept under constant review by the Department in light of the international Mr. McHugh: Will the Minister of State take market in which Ireland seeks to attract explor- the situation in Tuam seriously? I will give an ation companies. Ireland has yet to make the example of how important it is. The IDA invested breakthrough needed to establish its prospectiv- \3.5 million in the purchase of land and the ity. The awards to be made under the current development of a business technology park in round will be issued under the 1992 licensing terms. When this round has been completed, the Tuam, which was completed more than two years Minister, Deputy Dempsey, will turn his attention ago. To this day, not one operation has set up in to the question of whether the 1992 licensing that park. One of the main reasons is the absence terms remain appropriate in this age of high gas of high-speed broadband technology. Will the and oil prices and the emerging tight supply posi- Minister of State take that message back to his tion in Europe. officials and deal with Tuam as rapidly as possible? Mr. Broughan: The Minister, Deputy Dempsey, told us last autumn that he was con- Mr. Browne: I will certainly have discussions sidering re-examining the licensing terms for our with the officials. The Deputy can take it that we oil and gas reserves. We have not heard a word are anxious that towns such as Tuam will be from him since. During the earlier discussion brought up to the same status as MANs prog- today, I thought we should do an audit of how ramme towns. We will put every effort into secur- much taxpayers’ money the Minister, Deputy ing the finances for that. Dempsey, has lost. I mentioned the voting machines and the climate levies. Perhaps we also 2007 Other 6 April 2006. Questions 2008

[Mr. Broughan.] hensive review of licence terms be completed as have serious possible losses to the Exchequer quickly as possible, and work is progressing on from his dilatory behaviour on these licences. this review. He will engage consultants to partici- I welcome the five licences to which the Mini- pate in this process to ensure an independent per- ster of State referred. Looking at our frontier ter- spective on work completed to date in the review, ritory, I notice that two thirds of the blocks in the and to consider the overall terms. north-west have yet to be awarded. As any oil and gas found belongs to companies which only Mr. Durkan: Have lessons been learned from pay 25% corporation tax, it leads to the possi- previous exploration experiences, for instance in bility of grave losses for this country. The com- respect of the development of the Corrib gas panies do not even have to land the oil here. The field? If so, will those lessons be applied in cur- 1992 licensing terms are extremely generous. rent and future exploration? To what extent are Approximately one year ago, the Minister gave the Minister of State and his Department satisfied Providence Resources and Sosina Exploration an that some changes are necessary? exclusive licence to explore and exploit the so- called “Dunquin” area off the south-west coast. Mr. Browne: Deputy Broughan made the point The great Dr. — or Sir — A. J. F. O’Reilly has a this morning that we need to be sensitive in mak- 7% interest in those companies, which one of his ing decisions and to take into account people liv- journalists estimated may now be worth \20 ing in the area. In respect of the Slyne-Erris- billion. Those companies simply transferred 80% Donegal round, a strategic environmental assess- share in the licence to ExxonMobil. Why could ment is under way which will go to public consul- the Minister, Deputy Dempsey, not have done tation before licences are issued. I worked in this that? Why could he not have made an arrange- Department in the past and saw that companies ment from the start to get the maximum possible are not in any great rush to get involved in benefit for the people with the larger explor- exploration — there was no interest in one of the ation company? previous rounds. The real point of the Slyne-Erris concession is that once again we are sleep-walking and giving Mr. Broughan: The Minister of State was on away vital resources and reserves from the the rigs. He saw the flows. people. I brought forward a Bill on behalf of the Mr. Browne: At that time I met the union and Labour Party, which would include an annual had several discussions about reviewing the report to Parliament, such as the climate report terms. I am pleased that the Minister has decided requested by our Green Party colleagues, to keep to carry out a comprehensive review and to terms constantly under review. involve consultants to ensure an independent My great predecessor, Justin Keating, point of view, although sometimes we complain instituted a much fairer regime in the 1970s, about consultants. which the Minister of State’s Government and predecessors wrecked and left us in the helpless Mr. Eamon Ryan: Is it possible to include a free-for-all situation we now have. It is time we condition in the licensing arrangement that any had urgent reform of Irish offshore licensing in oil or gas found would be landed and processed the best interests of the country. This week Forfa´s in Ireland, or is it possible that someone could stated we have a dangerous oil dependency, are discover oil or gas in our waters and process and addicted to oil and the country is vulnerable until land it elsewhere? our renewable energy sources are brought up to scratch. We must take care of our indigenous Mr. Browne: I take the Deputy’s point and will resources. put it to the officials to see if it is being con- sidered in the review which covers all issues. Mr. Browne: I should have included in the reply that a strategic environment assessment is Mr. Crowe: If the uptake is so poor why is the being undertaken for the Slyne-Erris-Donegal gas or oil not left in the ground, given that it is of basins. The result of this will be known by early no benefit to us? Were no lessons learnt about April. However, it is subject to a public consul- the individuals involved in negotiations on behalf tation process during April and May and no of the State? Part of the problem regarding the licence will be awarded until after this time. Corrib gas line may have been that certain indi- Regarding a review, the Deputy will be pleased viduals had their own interests at heart, rather to know that the Minister, Deputy Noel than those of the State. What is the benefit in Dempsey, has agreed to have a review in the giving away an asset for the benefit of private Department, which is under way. Ireland has yet companies if the Irish people will not benefit? to establish itself as a petroleum province. The There are very few jobs in this area so the Mini- details for the Slyne-Erris-Donegal round state ster of State cannot use employment as an excuse. that licences will be issued under the 1992 licens- ing terms. The Minister for Communications, Mr. Browne: I do not accept that leaving the Marine and Natural Resources, Deputy Noel oil or gas in the ground is the answer. The cost Dempsey, requested that a thorough and compre- benefit analyses in respect of the Corrib gas line 2009 Other 6 April 2006. Questions 2010 found it would be important to bring the gas rate of 106% in 2005. This compares to 100,000 ashore. That would create many jobs but as new broadband subscribers in 2004. The Govern- Members said this morning, if we bring it ashore ment target is 400,000 by end-2006, namely, we need to take account of the sensitivities almost 10% of population or 27% of households. involved. We need to learn lessons from what has The Minister’s challenge to industry is 500,000 happened and make decisions based on what is broadband subscribers by end-2006, that is, before us. We also need to take into account the approximately 12% of the population or 34% of importance of finding gas and oil at a time when households. This is the lowest cost country in the we import 100% of our oil and 70% of our gas. OECD for international connectivity, our regional broadband pricing is a par with the best Telecommunications Services. in Europe, and the price of basic broadband access is at the EU average. Furthermore, Ireland 7. Mr. Crowe asked the Minister for Communi- is now one of the cheapest locations in the world cations, Marine and Natural Resources if he will for international leased lines. report on the roll-out of broadband here; the per- The Government is addressing the infrastruc- centage of people who have access to it; the ture deficit in the regions by building high-speed number of homes that have broadband connec- open access metropolitan area networks, MANs tions; and how Ireland fares in comparison with in 120 towns and cities nationwide, on a phased the rest of Europe. [13765/06] basis in association with the local and regional authorities. Phase 1 of this programme has deliv- 30. Mr. Timmins asked the Minister for ered fibre optic networks to 27 towns and cities Communications, Marine and Natural Resources throughout the country, which were built on time Ireland’s position in regard to availability, quality and under budget. and cost of broadband services in the European This programme has been extended to a league; if he has in mind plans to encourage further 90 towns in various locations nationwide. bringing the services here into line with other Design and procurement has already commenced countries; and if he will make a statement on the in several regions and construction is due to over matter. [13834/06] the coming months. It is expected that these MANs will be completed during 2006 and 2007. 106. Mr. Noonan asked the Minister for These MANs will allow the private sector to offer Communications, Marine and Natural Resources world-class broadband services at competitive when he expects the provision of broadband and costs. associated facilities to achieve the same levels as The Department also offers funding assistance in other jurisdictions with which Ireland com- for smaller towns and rural communities to petes; and if he will make a statement on the become self-sufficient in broadband through the matter. [13809/06] county and group broadband scheme. The scheme is technology-neutral, allowing the com- Mr. Browne: I propose to take Questions Nos. munity to select the most suitable broadband 7, 30 and 106 together. delivery platform for the area. To date, over 150 The provision of telecommunications services, projects have been approved for funding under including broadband, is a matter in the first this programme. instance for the private sector companies A joint industry-Government fund of \18 mil- operating in a fully-liberalised market, regulated lion has been established for the broadband for by the independent Commission for Communi- schools programme, which will provide every cations Regulation, ComReg. school in the country with broadband by the first In comparison with other European states, half of 2006. The construction and installation broadband providers in Ireland were slow in phase is under way, and the project is on target launching competitive, affordable broadband. for completion within the set timeframe. The lack of competition between providers and Full details of the regional broadband prog- the reduction in investment in infrastructure in ramme can be found on the Department’s web- the aftermath of the dot-com crash weakened the site www.dcmnr.gov.ie. initial roll-out by providers here. The situation, however, is improving rapidly and the level of Mr. Crowe: Does the Minister of State not uptake is consistent with the stage of develop- accept that the State’s broadband coverage is ment of the market. Ireland is now the fastest shameful and as a result the Government has growing broadband economy in the EU. The lat- decided to privatise Eircom? In the Six Counties, est ComReg quarterly report states there are 100% broadband saturation has been reached, 270,700 broadband subscribers as of end-2005. compared with the figures of 1.7% coverage in This is equivalent to 6.6% of the population. the Twenty-six Counties last year. There are also an estimated 600,000 narrow The European Commission recently criticised band users. Ireland for being one of the slowest movers in the Home Internet penetration figures stand at provision and usage of Internet technology. If the 18.7% of households. Almost 140,000 new broad- Government is committed to the idea of a know- band subscribers were added in 2005, a growth ledge-based economy why is broadband take-up 2011 Other 6 April 2006. Questions 2012

[Mr. Crowe.] this week came from a newly expanding area in in Ireland among the lowest in the European Wexford. The person who contacted me was very Union? irate because they had done everything possible The Minister of State puts it down to lack of to obtain a broadband connection but still had competition but are we not awaiting the goodwill not been connected, despite the fact that a Mini- of private companies and relying on private inves- ster comes from the area in question. It is very tors? If the Government had held on to the embarrassing for all of us that the situation Eircom shares it could have invested those hun- regarding broadband services is so poor. dreds of millions of euro that went to private Has the Minister of State consulted the speculators. Australian venture capitalists, Babcock & Brown? Representatives from the company vis- Mr. Browne: The State is providing funding for ited Dublin in recent weeks and sought out the roll-out of broadband. As outlined, the Opposition spokespersons and other relevant MANs project is going to 120 towns and cities individuals. Babcock & Brown appears to have a nationwide, with phase 1 completed and phase 2 very clear vision of what it wishes to do, which is under way. The Government-funded schools to re-organise the network as a separate company broadband project will be completed this year. which is not connected with the retail division and The county and group broadband scheme is Meteor. Has the Minister of State met the com- grant-aided by the Government and my pany? What are his views in respect of the pos- Department. sible impact on the network of a takeover of We are disappointed in the response from the Eircom by Babcock & Brown? private sector and that is why the Department got When will the Minister of State bring forward involved and provided substantial sums of money legislation relating to ComReg, which we have for the three projects I have named. sought for a long time? When does he plan to strengthen ComReg? We receive all its press Mr. Durkan: Notwithstanding the Minister of releases but everything in them is aspirational. State’s explanation for the slowdown in the dot- Why can we not have a real regulator like Ofcom com sector, does he agree that the real reasons in the UK? for the slow provision and take-up of broadband What is the Minister of State doing to stimulate were Government inertia and ineptitude, its fail- demand? He spoke about the schools programme ure to recognise that the situation had changed, but is it not pathetic that we do not have a dedi- the lack of investment in the infrastructure and cated educational programme? Why can we not the lack of a driving force in the Department? give every child a laptop and produce new peda- The dividends drawn from the infrastructure as a gogical material that reflects how teaching will be result of the new situation should have been re- revolutionised in the new era? If it is not possible invested in the infrastructure instead of the other to introduce such measures now, why does the way around. Does the Minister of State accept Minister not announce that the next Government that the Department, which should have been the will introduce them? driving force, failed to recognise the danger signs and let matters run along? Mr. Browne: I understand that I will answer a later question which concerns Babcock & Brown, Mr. Browne: As I stated in my reply, the a company which is interested in a takeover of Department’s target for this year is 400,000 by the Eircom. Department officials have held meetings end of the year. with the company. I am aware of the broadband related problems Mr. Durkan: It is the same target as last year. in Wexford. I sent a message to the woman in question which informed her that if she contacted Mr. Browne: We have invested substantial the Department, it would resolve matters for her. sums of money in the MANs, rural areas and school projects and this investment will continue. Mr. Broughan: She knows I have Wexford con- As I outlined earlier, we are seeking a further \6 nections. million to continue to invest in major towns throughout the country where the MANs project Mr. Browne: Deputy Broughan is keeping a does not operate. close eye on Wexford. What was the subject of Deputy Broughan’s next question? Mr. Broughan: Is it not true that when Deputy Noel Dempsey became Minister for Communi- Mr. Broughan: My questions concerned Com- cations, Marine and Natural Resources, he stated Reg and education. during a visit to UCD that he wanted 600,000 lines by the end of 2006? He then changed his Mr. Browne: I understand that the Bill relating target. He is only halfway there. Every Deputy to ComReg is being prepared and will be avail- receives e-mails, or telephone calls in the case of able shortly. The Department will continue to people who do not have e-mail outside work, in drive broadband and achieve our targets, as I respect of broadband. One such call I received stated earlier. 2013 Other 6 April 2006. Questions 2014

Mr. Broughan: The Government is not achiev- which takeovers, sales or buyouts are likely to ing its targets. take place in the local broadcasting sector could have an impact on the degree to which local Mr. Browne: We are getting there. broadcasting remains an entity.

Radio Broadcasting. Mr. Browne: All the issues raised by Deputy 8. Mr. Deasy asked the Minister for Communi- Durkan were addressed in the Ox report and cations, Marine and Natural Resources his pre- have been considered by the Minister. There is ferred options for the development of local radio nothing secretive about the report. In it Ox Auc- in view of the development of the industry in tion Experts examined four different tools which recent years with particular reference to sales or could be used to generate a financial return to takeovers; and if he will make a statement on the the State. These were auctions, which is a mech- matter. [13829/06] anism to assign a licence to the highest bidder; market-based spectrum fees or royalties; claw- Mr. Browne: The licensing of local radio is a back arrangements, a method used to ensure that matter for the Broadcasting Commission of a portion of any windfall profits earned as a result Ireland, BCI, which carries out its functions of spectrum ownership are shared with the under the Radio and Television Act 1988. In this Exchequer; or a combination of these mechan- regard, the BCI is charged with the orderly isms. All these issues have been put forward and development of sound broadcasting services and are being considered by the Minister. He has not with ensuring the appropriate development of the made a final decision but all of these mechanisms sector. Independent radio and community radio are up for consideration. undertakings have all performed well over the past decade. It could be concluded that the over- Mr. Broughan: Does the Minister of State not all framework and structure is suitable as is and accept that there are grave concerns that a should not be significantly altered. However, it is number of dominant companies are gaining con- the case that services and markets will change trol of significant numbers of stations and that, over time and it is likely that a static approach to ultimately, viewers and listeners will be left with the development of the radio licensing frame- restricted choice? Is this not the core point which work will not, in the long run, serve the listener the Minister must address? well. In that context, will the Department make any With this in mind, in late 2003, the Minister for announcement on digital audio broadcasting, Communications, Marine and Natural Resources DAB, which operates in the UK. DAB provides initiated a review of radio licensing in Ireland. additional free to air services. I am unaware of This review culminated in a study by sectoral any DAB services in Ireland. Why have we not experts entitled the Ox report. The report indi- taken some initiatives in respect of DAB which is cated that additional radio licensing is possible in a very exciting development in UK media circles? Ireland, given the availability of spectrum. The I wish to make a slightly parochial point, report raised some concerns regarding the although I am the Labour Party’s national viability of some local radio franchises given their spokesperson on this issue. There is grave dis- market size. The report also considered issues quiet in the Dublin region over the decision by around ownership and control of radio stations the very successful local radio station, NewsTalk and the need for balance in this regard. Options 106, to apply for a national radio licence. This with regard to financial charges such as spectrum station covers all aspects of social and economic levies and royalties on radio stations using scarce life in Dublin very well and has been especially spectrum were also discussed. In developing the valuable for Dublin public representatives. There legislative proposals which will establish the is grave concern that the service provided by broadcasting authority of Ireland, the Minister NewsTalk 106 to the Dublin region, which is rep- will consider the findings of the Ox report and licated by between 30 and 40 other regional radio developments in the local radio sector generally. stations throughout the country who perform so admirably, will be lost if NewsTalk 106 becomes a Mr. Durkan: Will the recommendations of the national station. We need a Dublin-based public Ox report be implemented in full or will they be affairs station like NewsTalk 106. kept secret? Will the Minister of State share the report with his colleagues in the House for the Mr. Browne: It is very important that a station betterment of the industry? Notwithstanding the like NewsTalk continues to broadcast and is success to date of local and private broadcasting available to Dublin. We have South East Radio sector, it is now necessary to review in the context and other stations around the country are very of the broadcasting Bill, which should have been much regionally or locally based. It is important put before the House by now, the developments that cities also have locally based radio stations. which have already taken place in the public I will bring the Deputy’s views to the Minister. broadcasting sector and which are likely to take The report of Ox Consultants is with the Minister place in the private broadcasting sector. Given and, hopefully, some decisions will be made the movement of the marketplace, the degree to shortly. 2015 Other 6 April 2006. Questions 2016

Mr. Eamon Ryan: I want to speak on the Mini- if he or his Department have studied the possible ster of State’s last point. The country could implications of sale or take over of Eircom; if he benefit from a station such as NewsTalk broad- has had discussions with any of the parties casting elsewhere. involved with a view to ascertaining the future development of the infrastructure; and if he will Mr. Durkan: Get it out there. make a statement on the matter. [13813/06]

Mr. Broughan: Does that not mean we will 34. Ms Lynch asked the Minister for Communi- have less time? cations, Marine and Natural Resources the impli- cations for Ireland’s national telecommunications Mr. Durkan: It is time to be shared. infrastructure if Eircom is taken over by invest- ment group Babcock & Brown; if he has met Mr. Eamon Ryan: I am not sure. Perhaps my Babcock & Brown, Eircom management and colleagues across the country could hear the wis- other stakeholders on the proposal; and if he will dom of Deputies in Dublin. NewsTalk has added make a statement on the matter. [13613/06] to public debate. It was a significant risk and endeavour to try to set up a talk radio station of 51. Mr. Neville asked the Minister for high standard and NewsTalk should be recog- Communications, Marine and Natural Resources nised for doing so. I would be concerned if it went if his attention has been drawn to the suggestion national and lost some of its Dublin impetus but, that the State should regain control of part of the at the same time, there is room for such a national Eircom infrastructure; and if he will make a state- talk station to rival RTE Radio 1. I would have ment on the matter. [13811/06] asked the Minister of State about whether he has any knowledge of when a decision will be made 58. Mr. Naughten asked the Minister for on this matter but, from his final comment, the Communications, Marine and Natural Resources answer would be “no”. Is it purely for the com- if his attention has been drawn to the need for mission to make the decision or can any reference urgent investment in the Eircom infrastructure; be made to the Minister? and if he will make a statement on the matter. [13812/06] Mr. Browne: The BCI is the governing body. It is obligated to consider the desirability of 85. Mr. Cuffe asked the Minister for Communi- allowing any person or group of persons to have cations, Marine and Natural Resources the meet- control of or substantial interest in an undue ings his Department officials have had with rep- amount of communications media in an area resentatives from Babcock & Brown investment specified when considering the award of a licence group with regard to the future of Eircom; and and to take account of local needs. The BCI will the content of such discussions that took take into account the issues raised by Deputy place. [13745/06] Eamon Ryan. In my part of the country, we have local radio stations. I am sure it is the same else- Mr. Browne: I propose to take Questions Nos. where. We also have Beat 102-103, which was 9, 10, 34, 51, 58 and 85 together. recently set up as a regional station and has pro- The State has no plans to invest in Eircom’s ven successful. I am not the final decision maker infrastructure or regain control of any part but I do not see a reason cities should not have thereof. Representatives of Babcock & Brown, a local stations also. global investment and advisory firm founded in Mr. Broughan: Who decides in respect of digi- 1977 and listed on the Australian Stock tal audio broadcasting? Does the BCI or the Exchange, met with representatives of the Minister of State take the decisions? Department of Communications, Marine and Natural Resources on 22 February. Babcock & Mr. Browne: I am not sure but will get the Brown sought to introduce itself to the Depart- information for the Deputy. ment as a courtesy and advise of its interest in Eircom. As Eircom is not a State company, the Department has no role in any talks between Telecommunications Services. the companies. 9. Ms O. Mitchell asked the Minister for The provision of telecommunications infra- Communications, Marine and Natural Resources structure and services is a matter in the first if his attention has been drawn to recent instance for the private sector companies expressions to the effect that the State might operating in a fully liberalised market regulated regain some control of the Eircom infrastructure; by the independent Commission for Communi- if he has had discussions with any of the parties cations Regulation, ComReg. However, recog- involved in this regard; and if he will make a nising that a principal reason for the slow roll out statement on the matter. [13798/06] of broadband services has been the lack of invest- ment by the private sector in the necessary infra- 10. Mr. Naughten asked the Minister for structure to deliver broadband to all areas, the Communications, Marine and Natural Resources Government is addressing the infrastructural 2017 Other 6 April 2006. Questions 2018 deficit in the regions by building high speed, open inform the Department accordingly. The Govern- access metropolitan area networks, MANs, in 120 ment has no interest in reacquiring Eircom. It will towns and cities nationwide. Phase one of this be for private investors to get involved. In recent programme has delivered fibre optic networks to months, Babcock & Brown Capital Limited has 27 towns and cities throughout the country. acquired shares in Eircom Group plc.

Additional information not given on the floor of Mr. Broughan: Given the crucial role of the House. Eircom in respect of our telecommunications This programme has been extended to over 90 infrastructure and broadband, would it be pos- towns in various locations nationwide. It is sible for the Government in discussions with the expected these MANs will be completed during possible new owners — there are many dis- 2006 and 2007. These networks will allow the cussions that must take place, including with private sector to offer world class broadband people representing the ESOT and other stake- services at competitive costs. holders — to request of them under the universal The Department also offers funding assistance service obligation to operate the network in a way for smaller towns and rural communities through that would be beneficial to the final broadband the county and group broadband scheme. The enablement of Ireland? Is it good enough for the scheme is technology-neutral, allowing the com- Minister of State to tell the House he is just a munity to select the most suitable broadband bystander? The Taoiseach, who is usually where delivery platform for the area. To date, more than the Minister of State is sitting, is always a 150 projects have been approved for funding bystander, the man in Croke Park watching the under this programme. These initiatives are co- match. He is never the man who must take funded by the European Regional Development responsibility or run the team. In reality, he is the Fund under the national development plan. man who runs the team, as seen in the case of Funding under the plan also assisted Eircom and Aer Lingus where he made the decision to privat- BT to enable more than 50 exchanges to provide ise the company. If the takeover occurs, does the broadband services and also co-funded the con- Minister of State agree there should be a precon- struction of a national backbone network by dition set in respect of the shambles that is the ESB Telecoms. roll out of broadband? The Minister for Communications, Marine and Mr. Durkan: The Minister of State should Natural Resources, Deputy Noel Dempsey, has expand on the Department’s preferred options spoken about the mysterious “Project Dingle”. now that an opportunity appears to have arisen Perhaps that should be “Project Daingean”. As for someone to take over or buy Eircom. Does far as we on this side of the House have been able the Minister of State agree there are implications for the consumer? For example, is it likely that to determine, “Project Dingle” means that all of the provision of broadband facilities will continue the broadband infrastructure of the semi-State at a slow pace or will there be a low investment bodies would be brought together under a single level in infrastructure? Will the Minister of State leadership. A dynamic person in the industry has comment on the opinion expressed by a number recently taken over the running of Enet. With of economists that the State should have control such a track record, what are the implications for of certain vital elements of the telecommunica- “Project Dingle”? Will it go ahead or was it only tions infrastructure? Has this been given any con- conceived of by the Minister when he was sideration or is it likely to happen? Must we wait answering questions in the House? to determine what will occur in respect of who Given recent developments in respect of the owns Eircom? Australian venture capitalists, is it not incumbent Let us assume a company other than Bab- on us to speed up the introduction of new powers cock & Brown decides to take over Eircom with- for ComReg, in particular regarding the regu- out a plan. For example, Babcock & Brown has lation of the network, so the mess we have got proposed the separation of two elements of the into in the past six or seven years under this service provision, which would leave one part Administration will not continue? under the control of one company and the other part under the control of another group without Mr. Browne: It is always important that we having common board members. Would it be have the most modern powers in place to deal possible for the State to examine what is about to with our actions and decisions. Babcock & Brown happen and determine whether there are impli- approached the Department. We have no say in cations for the future so it could become the purchase of Eircom but, if Babcock & Brown involved? did purchases it, we would hold discussions with that company in respect of the development of Mr. Browne: The State has no plans to re- broadband. invest in the Eircom infrastructure. Babcock & Brown has approached the Department and Mr. Broughan: Did Babcock & Brown ask the explained its interest in Eircom. I am sure that Department about what the new legislation will other companies will also be interested and include? 2019 Other 6 April 2006. Questions 2020

Mr. Browne: The legislation is being prepared seem to make economic sense. If Babcock & in the Department. We want to engage with any Brown buys the company and divests itself of the company that takes over Eircom to help develop network, it might be worth considering the possi- and roll out broadband and determine what are bility that it would be cheaper to buy it than to the company’s aspirations and views. I am sure build our own separate network. we will do so. There may be other Babcock & Browns that will become involved in the purchase Mr. Crowe: Does the Minister of State accept of Eircom. We will not get involved in any way, that Eircom has come full circle? Once it was a shape or form at this stage. I am sure that if the fully listed company on the Stock Exchange with Minister for Communications, Marine and a fixed line and mobile network service. Later, it Natural Resources, Deputy Noel Dempsey, sold its mobile network service. Subsequently, it stated that “Project Dingle”, as the Deputy called delisted from the Stock Exchange before floating it, will be rolled out and implemented, that is again last year and since then it has talked about what will happen. buying another mobile telephone company. It appears to have gone in a circle. Perhaps the cir- Mr. Durkan: The Government might be rolled cle to which Members should return is consider- out first. ation of the question of public ownership.

Mr. Browne: I told Deputy Durkan to wait Mr. Browne: The only company which has an until next May. interest at present of which I am aware is Bab- cock & Brown. It has significant shares in Eircom Mr. Durkan: The Government will be rolled at present. I am certain that at present, the State out. has no plans to invest in Eircom’s infrastructure or to regain control of any part thereof. Mr. Eamon Ryan: As Eircom has been scruti- nised by so many groups, I am unsure whether Mr. Broughan: Has Babcock & Brown plans there are many with which Members are unfam- for the State? iliar. Does the Minister of State not agree that while he has stated that the State would not buy Energy Resources. Eircom, no one has suggested that it should. Bab- cock & Brown appear to propose splitting the 11. Mr. English asked the Minister for company in two. Hence, while Eircom would con- Communications, Marine and Natural Resources tinue to act as a supply and mobile telephone the action he proposes to take to resolve the company, the network would be available. Is issues surrounding the development of the Corrib there a possibility of buying back the wires rather gas field; if the various interests have been fully than buying Eircom? Such a network could then explored and examined with a view to resolution be operated on an open basis for companies like of all outstanding matters at an early date; and if Eircom and other suppliers. Is that a possibility? he will make a statement on the matter. The Minister of State noted that there might [13825/06] be another purchaser. However, I understand that Babcock & Brown’s shareholding is 38. Ms O’Sullivan asked the Minister for sufficient for it to be in a commanding position Communications, Marine and Natural Resources to determine whether another bid would be suc- the stage at which the mediation process on the cessful. This makes the possibility of another pur- Corrib gas pipeline is at; when he expects an chaser extremely unlikely. agreed resolution to the dispute; the way in which Does the Minister of State agree that effec- he quantifies the importance of the Corrib find to tively, at present the State is engaged in estab- the country; and if he will make a statement on lishing its own independent separate network? the matter. [13611/06] He lauded the significant financial investment that has been made in alternative fibre networks, 83. Mr. G. Mitchell asked the Minister for very little of which has been lit up. To an extent, Communications, Marine and Natural Resources this investment went against some of the recom- the progress which has taken place in regard to mendations of the Oireachtas Joint Committee the resolution of all outstanding issues associated on Communications, Marine and Natural with the Corrib gas field; when it is expected that Resources. In terms of an alternative network, it supplies will be available; and if he will make a did not make sense to replicate fibre networks statement on the matter. [13800/06] that were already in place. Hence, rather than spending hundreds of mil- 178. Mr. Durkan asked the Minister for lions by building an alternative network and Communications, Marine and Natural Resources adopting the Minister’s “Project Dingle dell”, it the progress which has taken place in regard to might be worthwhile for the State to consider set- the resolution of all outstanding issues associated ting up a single fibre optic network on which all with the Corrib gas field; when it is expected that companies could co-exist. Is Ireland big enough supplies will be available; and if he will make a to have two fibre optic networks? That does not statement on the matter. [13847/06] 2021 Other 6 April 2006. Questions 2022

210. Mr. Durkan asked the Minister for entirely independent. However the Minister will Communications, Marine and Natural Resources obviously take account of any specific recom- the action he proposes to take to resolve the mendations which might arise and are relevant. issues surrounding the development of the Corrib The Minister will publish the Advantica report, gas field; if the various interests have been fully the technical advisory group report and recom- explored and examined with a view to resolution mendations arising from them. In addition he will of all outstanding matters at an early date; and if consider consents for phases five and six of the he will make a statement on the matter. project, which must be decided on the basis of the [13885/06] Advantica and technical advisory group recom- mendations, in due course. Mr. Browne: I propose to take Questions Nos. The main benefits to the State will be that 11, 38, 83, 178 and 210 together. Ireland will again have a significant indigenous As the Deputies are probably aware, a number energy supply. This will result in a reduced of residents living close to the onshore upstream dependence on gas imports for some three to four pipeline for the Corrib gas field have been years at a time when our main supplier to date, expressing concerns regarding its safety. To allay the United Kingdom, will become a net importer the fears of the residents, the Minister for of natural gas, due to the depletion of its reserves. Communications, Marine and Natural Resources, Other benefits to the State from this discovery Deputy Noel Dempsey, commissioned an inter- would be that the Corrib field may act as a cata- national consulting company, Advantica, on 25 lyst for the possible extension of the Bord Ga´is August 2005 to carry out a thorough and inde- E´ ireann gas distribution system to towns in the pendent safety review of the proposed upstream north-west region, as well as, providing tax onshore pipeline. Advantica is a world leader in revenue to the State and encouraging investment the area of advanced hazard and risk assessment in oil and gas exploration. technologies of gas pipelines. In parallel with this safety review, the Minister An Leas-Cheann Comhairle: As the time for established a public consultation process to questions has expired, we will proceed to matters ensure that the concerns of the community would on the Adjournment. be fully addressed in the review. As part of this process, a two day public hearing was held in Mr. Durkan: May Deputies ask one question? Geesala on 12 and 13 of October, chaired by Mr. John Gallagher SC, during which the community An Leas-Cheann Comhairle: We have gone was given the opportunity to express its concerns over the allotted time. directly to the consultants. The consultants also made a separate site inspection of the pipeline route and subsequently took the local concerns Mr. Durkan: The Leas-Cheann Comhairle into account when carrying out their review. The could bank all the questions. Deputies will ask review also critically examined all relevant docu- one question. mentation relating to the design, construction and operation of the pipeline and associated facilities, An Leas-Cheann Comhairle: We have gone as well as to conclude whether the proposed over our time. We must conclude by 4.45 p.m. installations would comply with recognised inter- national best practice and would deliver a facility Mr. Durkan: I know. I am attempting to that it is fit for its purpose. Advantica was also encourage the Minister of State. Perhaps he will asked to identify any deficiencies with regard to tell Members when the final report will be pub- the safety of the pipeline and to make recom- lished? When is it expected that action will be mendations as to how these, if identified, would taken to get the project off the ground and be remedied. resolve all the outstanding difficulties? When can we show the world that we are capable of hand- Additional information not given on the floor of ling a natural resource in a manner that is accept- the House. able to all involved? The draft safety review was presented to the community on 8 December 2005 and published An Leas-Cheann Comhairle: The Minister of on the same day. Comments were invited on the State should reply briefly. draft, with a closing date of December 22. The final report of the safety review was received in Mr. Browne: The final safety review report has the Department recently and will be published been received in the Department and will be pub- shortly, together with recommendations arising lished in the near future. A series of recom- from it made by the Corrib pipeline technical mendations from the Department’s Corrib pipe- advisory group within the Department. line technical advisory group on foot of the safety The Deputies will also be aware that the Mini- review have also been presented to the Minister. ster has, after consultation with relevant parties, He will make the necessary decision, while taking nominated a mediator, Mr. Peter Cassells, to these reports and recommendations fully into work with the parties. This process is ongoing and account. As Members are aware, Mr. Cassells was 2023 Child Care 6 April 2006. Services 2024

[Mr. Browne.] they received approvals for significantly smaller appointed as a mediator by the Minister and he budgets than those for which they applied. continues to work in this capacity. Between December 2004 and December 2005, the four community groups, all based in west Written Answers follow Adjournment Debate. Limerick, have been allocated funding. As I have stated, each project received approval for signifi- Adjournment Debate Matters. cantly less than was required. Thus, St. Colman’s Childcare Service, Kilcolman, received approval An Leas-Cheann Comhairle: I wish to advise for \1.1 million, whereas the required total comes the House of the following matters in respect of to almost \1.4 million. The Desmond Complex which notice has been given under Standing Ability Resource Centre, Newcastle West, Order 21 and the name of the Member in each received approval for \1 million, while its original case: (1) Deputy Costello — the need for the budget was for \1.8 million. Broadford Voluntary Minister to ensure that all security firms are Housing Committee, Broadford, received licensed and that a statutory code governs the approval for \1 million, while its original budget delivery of large sums of money; (2) Deputy was \2.13 million, and Rathkeale Childcare Lim- Neville — the need for the Minister to discuss ited, Rathkeale, was allocated \1.4 million, the inadequate capital funding under the equal whereas its original budget was almost \2.9 opportunities childcare programme to four million. groups in County Limerick; (3) Deputy Finian McGrath — the need for a debate on a public Pobal, which was previously known as ADM, has advised each group that it should be able to inquiry into the Stardust fire tragedy; (4) Deputy \ Cowley — the need for the Minister to explain implement its project at a cost of 20,000 per why a school (details supplied) is to lose the child care place without reducing the number of equivalent of two teachers due to the withdrawal child care places originally targeted. Pobal argues that other community groups have been able to of funding; (5) Deputy Crawford — the need for \ the Minister to provide the essential extra fund- develop child care services for a cost of 20,000 ing to a school in Cavan (details supplied); (6) per child care place. However, examples given by Deputy Catherine Murphy — the need for the Pobal are not comparable to the projects in ques- Minister to outline his views on the proposal to tion as they all received some additional support, change the airspace licence at Weston Aero- such as, having a site purchased and developed drome; and (7) Deputy Shortall — the need to by the county council, already owning a site or clarify the reasons a school (details supplied) has receiving other funding. However, this is not the not been offered a place in the DEIS programme. case for the groups in question. The matters raised by Deputies Neville, In recent months, the groups have worked on Costello, Finian McGrath and Crawford have their architectural plans and their costings in been selected for discussion. order to meet the funding requirements. Only one group, namely, the Desmond Complex Ability Resource Centre cre`che, is in a position Adjournment Debate. to proceed with its project at present. This is mainly due to the fact that the child care project ———— is part of a larger project and costs have been reduced. For instance, its site purchase and Child Care Services. development costs are significantly lower than for Mr. Neville: I thank the Leas-Cheann Comh- a stand-alone child care project. airle for allowing me to bring this issue before the The groups have met County Limerick Child- House and I thank, in anticipation, the Minister care Committee and its partner agencies and have of State at the Department of Justice, Equality agreed to explore how costs may be cut. and Law Reform with responsibility for children, However, they have also made the case to Pobal Deputy Brian Lenihan, for taking the matter. and to the Office of the Minister for Children for I raise an issue pertaining to community child additional funding to make up the shortfall. I also care groups which have been allocated large-scale make that case today. capital funding under the equal opportunities All four applications, including architectural child care programme. The groups to which I plans, were submitted between December 2002 refer are located in west Limerick and are based and December 2003. No consideration has been in Kilcolman, Newcastle West, Broadford and given to the subsequent rise in site and building Rathkeale. These groups must be in a position to costs. The groups waited for almost three years sign contracts with Pobal within a 12 month for their applications to be processed by Pobal period and the timeframe ranges from June to and the Department of Justice, Equality and November 2006. However, each group must meet Law Reform. specific pre-contract requirements to be in a posi- County Limerick Childcare Committee can tion to draw down funding, including a revised find no example of a group that has developed a capital work plan that demonstrates how the pro- child care project for \20,000 per child care place. ject can be achieved with the approved funding. When groups applied for funding, the \20,000 The principal obstacle for these groups is that benchmark was not being used by Pobal or the 2025 Child Care 6 April 2006. Services 2026

DJELR. All four groups have already invested maximum cost per place created should not nor- significantly in the development of architect plans mally exceed \20,000. Given the enormous sums required as part of their application. The new being invested in child care facilities by the child care investment programme announced in Government, and the ongoing and welcome December 2005 does not require architect plans development of new projects throughout the for an application. An in depth needs analysis was country, I am sure the Deputy will agree that carried out by all four groups prior to submitting there is an onus on us to ensure that value for applications to Pobal. One of the groups, Broad- money remains a key criterion to be used when ford Voluntary Housing Committee, has signifi- assessing project proposals. cant experience developing infrastructural pro- The four projects in question have been jects, including a social housing and day-care approved indicative amounts of funding, subject centre, and has always delivered within budget. to further development of the proposals and The EU component of the equal opportunities external appraisal by a building specialist. All childcare programme funding must be spent and four groups have been in contact with and are reported by June 2007. A number of community receiving support from Limerick County Child- capital projects approved but not implemented care Committee. They have met other groups in are under review by Pobal and may have their the area that have been approved indicative fund- funding decommitted. This funding could be used ing. I understand they are working together to to make these projects viable. If groups cannot reduce the costs of their projects. I further under- proceed with projects, \4.5 million in infrastruc- stand that Limerick County Childcare Committee tural investment will be lost to west Limerick. has been supplied with a list of large-scale capital The time and effort the groups have invested on projects that have progressed within the \20,000 a voluntary basis will be lost to a need which has per child care place limit. There have been in been carefully researched and identified. The excess of 200 large scale capital projects approved implementation of the four projects would have under the programme to date, all of which were enormous benefit for the areas outlined and the subject to the value for money criterion. Appli- west Limerick region in general. cants were able to provide child care places within the criterion, and in some cases for signifi- Minister of State at the Department of Health cantly less than the \20,000 maximum. and Children (Mr. B. Lenihan): As Deputies are I also note that the amounts approved to the aware, I have responsibility for child care under four projects in question are at the higher end the newly established Office of the Minister for of the scale in terms of large-scale capital grants Children. I thank Deputy Neville for raising this approved, varying from \1 million to \1.4 million. matter. Only 24 groups nationally have been approved a Deputy Neville referred to particular groups in capital grant in the region of \1.4 million or more. County Limerick who were approved capital Deputies will appreciate that if the benefits of the grant assistance under the Equal Opportunities programme are to be felt throughout the country, Childcare Programme 2000-2006. The prog- it is important that funding is not concentrated on ramme has both an equal opportunities and social a small number of projects and that a national inclusion perspective. It aims to increase the sup- and regional spread of approvals is achieved to ply of centre-based child care places by 55%, or meet local needs. 31,300 additional places, by the end of the prog- I understand that one of the groups in question ramme. Current forecasts of impact suggest that is in a position to proceed soon. I hope the cur- it will ultimately create at least 40,000 new child rent contacts with Pobal will allow the groups to care places, of which more than 26,000 are agree revised plans in the not too distant future. already in place. The allocation for the equal It is open to any group to formally appeal the opportunities child care programme is now level of funding approved. However, I am not almost \500 million. As the Deputy is aware, the aware that any of the groups in question has done four child care projects to which he referred in so to date. I hope contact will be maintained with his motion have been approved a total of \4.5 Pobal to ensure these projects become sus- million in capital grant assistance. tainable. Many child care services throughout Limerick It is only fair to emphasise that the child care city and county have benefited from grant assist- programme has been central to the development ance under the programme. To the end of of child care in Ireland. I expect the new national December 2005, funding of more than \28 million child care investment programme, which will run was allocated for child care in Limerick city and from 2006 to 2010, and which was announced in county. This funding is leading to the creation of this House by the Minister, Deputy Cowen, in his more than 1,700 new child care places and sup- budget statement last December, will be equally porting almost 1,500 existing places throughout effective. the city and county. The Government is taking a serious and long- In the case of the community-based not-for- term approach to child care by developing sound profit capital projects approved under the prog- policies and substantial programmes of invest- ramme, the value for money criterion referred to ment which will ensure the future welfare of our by the Deputy which is being applied is that the children and assist their parents in their daily 2027 Crime 6 April 2006. Prevention 2028

[Mr. B. Lenihan.] since 2001. I had to raise the matter with the lives. The Government has fully demonstrated its Taoiseach on a couple of occasions to get the commitment in this regard and it is my intention Minister to move on it. Eventually it was passed to demonstrate my personal commitment to these in 2004. It took the Minister until 2005 to set up issues during my term as Minister with responsi- the authority, and having done so, he provides bility for Children. a voluntary code rather than the statutory code The two Senators from the west Limerick area provided for under the legislation. Nothing has raised the matter in the Seanad this afternoon. come before this House in terms of the plan of Deputy Cregan has also raised the matter with the authority in regard to licensing practices and me. I will examine it to see how progress can be standards that must be implemented. It appears made. that we are passing legislation in this House, the Minister is bypassing it and the body set up to Crime Prevention. ensure the matter came before the House once the plan had been drawn up has not done so. We Mr. Costello: The Minister will be aware of the \ must have answers as to what is happening in this daylight robbery of 1.5 million cash in transit in area before more lives are put at risk and more the past three weeks and the Minister for Justice, cash is stolen. Equality and Law Reform wringing his hands in dismay at the failure of his nonsensical voluntary Minister of State at the Department of Justice, code to prevent it happening. It is totally Equality and Law Reform (Mr. B. Lenihan): Iam unacceptable that there is no statutory code in giving this reply on behalf of the Minister for place to regulate the delivery of large sums of Justice, Equality and Law Reform, Deputy money by private security firms. Many of the McDowell. large private security firms operating here are not The Minister shares the Deputy’s concern and even licensed to operate here. that of the public in general, with regard to the The Private Security Services Act was passed recent robberies of cash-in-transit. He condemns in 2004, the purpose of which was, first, to licence utterly the three recent robberies. Deputies may the private security industry, which we all know be aware that another robbery was attempted on to be a burgeoning industry with numbers far in a security van in north Dublin this morning, access of the combined Army and Garda, and, second, to establish proper standards for the which the crew were thankfully able to foil. The industry. However, the Minister’s intervention gangsters who perpetrate these acts cannot and and meddling in the work of the Private Security will not be allowed to commit such crimes with Services Authority has resulted in a voluntary impunity. Deputy Costello went a little far in sug- code of practice being established which is hon- gesting that the Minister shares some culpability oured more in its breach than in its observance by with regard to these events. the security firms. The security firms have been laughing all the way to the bank. The \1.5 million Mr. Costello: He does. He is the Minister. has been stolen with ridiculous ease because none of the “gentleman’s agreement” with the Minister Mr. B. Lenihan: The Minister was not involved was implemented by the firms delivering the cash. in these events. Others were. They agreed the agreement but they did not bother to implement it, and the Minister did Mr. Costello: Has he witnesses? nothing to ensure they would implement it. Likewise, the Minister’s stewardship of the Mr. B. Lenihan: The Minister utterly condemns Garda has been just as haphazard and inefficient. what they do. He welcomes the opportunity There was no Garda escort on any of the three initiated by Deputy Costello to state the present recent large deliveries amounting to position regarding standards within the cash-in- 5 o’clock at least the \1.5 million which was transit industry, and the moves that have been stolen. Just as it might be in “Key- and are being made to ensure that such incidents stone Cops”, the local gardaı´ where the large will not succeed in the future. sums of money were being delivered were not Last year the Minister called on the main play- informed about the deliveries in their area of ers in the cash-in-transit sector of the industry, jurisdiction. They were totally ignorant of the which included the financial institutions, security delivery. Once again, the Minister’s ineptitude companies, the Garda Sı´ocha´na and the Central and arrogance has put the lives of security per- Bank, to draw up an agreement on a voluntary sonnel at risk and given another victory to the basis for handling cash deliveries in a safe, secure criminals. and efficient manner. The agreement was signed The Private Security Services Authority, which last June and the Minister understands that pro- is up and running for some time, is obliged under gress towards implementation had been made in the law to provide a strategic plan and lay it the course of the past year. This code of practice before this House. As this has not been done, the represented a major step forward in this area and authority is in breach of its own statutory require- set out an integrated end-to-end solution for ments. We have been working on this legislation major cash movements in the State. 2029 Stardust 6 April 2006. Inquiry 2030

On Monday, in the wake of the recent robber- major banks, the security companies and the ies, the Minister met Garda Commissioner Noel Garda for tomorrow morning, which he hopes Conroy and the chief executive of the Private will show that a continuous strategy of improve- Security Authority, Geraldine Larkin. While not- ment is under way. This meeting will give various ing that progress has been made in terms of stakeholders an opportunity to report on progress implementing the code of practice, the Minister in implementing the code of practice and to flag expressed his deep concern that recent robberies particular areas of difficulty. The Minister is highlighted the fact that procedures within the willing to listen to what the industry has to say code appeared to have been flouted by security but is not willing to accept any shortfall in stan- companies. The Minister finds these lapses in dards of the kind witnessed in recent robberies. standards completely unacceptable. These inci- He has asked me to reassure the House that he dents raise serious questions about how the cash- knows only too well that the in-transit business is to be managed and regulated proceeds from these robberies go on to fund in the future. Having heard the Garda Commis- further organised crime. These crimes cannot be sioner’s report on these recent incidents, it is regarded as victimless as they represent a tangible clear to the Minister that a voluntary code, which threat to the stability of both civil society and our encompasses standards of safety and good prac- economy. The Government, through the new tice, is not working. measures being put in place, will play its part in ensuring that such crimes become a thing of the Mr. Costello: That is what it was set up for. past.

Mr. B. Lenihan: The Minister called on the Stardust Inquiry. Private Security Authority to press ahead with its plans to introduce licensing for security compan- Mr. F. McGrath: I thank the Leas-Cheann ies operating in the cash-in-transit sector. Adher- Comhairle for the opportunity to raise the matter ence to the provisions in the code of practice will of the Stardust fire tragedy. form an integral part of any licensing regime. Any I offer my deepest sympathy to all the families company not in compliance with the standards in of the 48 young people who died and of those the code will not be licensed to operate within who were injured. I also pay tribute to the the cash movement sector. families for their bravery, courage and dignity. I The Private Security Authority established in am calling on all Members of the Oireachtas to 2004 puts the regulation of the Irish private secur- support my demand to hold a fresh inquiry into ity industry on a statutory footing for the first the terrible fire, and to support the families in time. It is already an offence for unlicensed com- their quest for truth and justice. This is not a time panies to operate in sectors such as door security for sitting on the fence or for more talk. Now is and security guarding, and the authority con- the time to support the families with action. tinues to roll out licensing on a phased basis for The fire that engulfed Dublin’s Stardust night- companies involved in other parts of the private club in the early hours of St. Valentine’s Day security industry. 1981, killed 48 young people and injured and dis- There is provision within the Private Security figured many more. Countless others will con- Services Act 2004 for mandatory licensing of the tinue to suffer the emotional scars of loss and cash-in-transit sector. It was intended to intro- grief for the remainder of their lives. duce licensing of the sector at the end of a volun- The official inquiry into the disaster found that tary compliance period where the industry would the Stardust owners had acted with “reckless dis- be given time within which to bring its standards regard” for the safety of their customers, but no up to the requisite approved standards, which charges were ever brought against them. They would form the basis for licensing. The Minister went on to win substantial damages for the loss finds now that radical lapses in standards have of the nightclub complex. The inquiry did not go occurred and, as a result, he has been advised by far enough. Why, despite numerous inspections the chief executive of the Private Security Auth- of the Stardust by Dublin Corporation, now ority that she will bring forward proposals for the Dublin City Council, were the owners able to get introduction of mandatory licensing as soon as away with repeated breaches of fire regulations possible. and building by-laws? What caused the flames to spread across the vast nightclub so rapidly? Why Mr. Costello: That was the whole purpose of were so many prevented from escaping by locked the legislation. or chained fire exits? Why were steel plates fixed all over the toilet windows? Mr. B. Lenihan: As the Deputy knows, the Eamonn Butterly, who owned the original Star- legislation provided for other matters too. dust club, wanted to re-open the club 25 years to the week after the disaster, on the same site, Mr. Costello: It was for licensing. using the Stardust name. How coldhearted can one get? The Stardust victims want the site to Mr. B. Lenihan: The Minister has further called honour the 48 people who died and not to see it a meeting with key stakeholders including the become another profit-making pub for the owner, 2031 School Building 6 April 2006. Projects 2032

[Mr. F. McGrath.] gation and that the matters raised in the report who was responsible for locking the emergency had been addressed by the tribunal of inquiry. exits on the original Stardust. They want a full, At a subsequent meeting between the Stardust independent inquiry to re-examine the causes of victims committee and officials of the Depart- the disaster, given that new evidence has now ment, the committee was informed of this posi- been uncovered. They also want the Garda in the tion and advised that in the absence of compelling Phoenix Park to hand over the post-mortem new evidence, the establishment of a further tri- photographs to their legal team to expedite bunal of inquiry could not be recommended. It matters. They are 99% ready and want to move was made clear, however, that any further sub- on with the details, with their legal team. mission the victims committee or its representa- I ask the Minister of State to use his clout to tives wished to make would be carefully exam- expedite this issue. When discussing it, we should ined. The Minister has reiterated this undertaking remind ourselves that people with families are on numerous occasions since but as of yet, no involved. Let us all remember the victims by sup- further submission has been received. The Mini- porting their families in a practical and sensible ster is more than willing to examine any further way. Each day, the families hold a vigil and a submission which the Stardust victims committee picket on the Stardust site. This will continue or its representatives wish to make. until their demands are met. Fudge or silence As well as remaining open to examining any from the Government or politicians is not an submission which might be forthcoming, the option. I am challenging all Deputies to support Minister has arranged for a copy of the February the call for a proper inquiry. The facts speak for “Prime Time” programme to be referred to the themselves. The new evidence is there, and any Forensic Science Laboratory for analysis, with self-respecting government or opposition would particular reference to whether it includes evi- act on it. dence or addresses issues not examined by the I welcome the families into the Da´il today. original tribunal of inquiry. That report is awaited They are in the public gallery, and again I com- and upon its receipt will receive careful attention mend their courage and dignity. I also thank my and evaluation. It will also be made available to Independent colleagues, Deputy Cowley from the victims committee and its representatives. Mayo and Deputy Gregory, for their great sup- The Minister has also indicated that he will meet port for the families on this issue. The Indepen- the committee in the event that there is some new dent Deputies will stand by the families of the evidence which could form the basis of a pro- Stardust. ductive discussion. I urge all Members to support my call for a full inquiry into the Stardust fire tragedy. We owe it School Building Projects. to the victims, their families and future gen- erations. Mr. Crawford: I thank the Ceann Comhairle for selecting this important issue for the Adjourn- Mr. B. Lenihan: I respond to this matter on ment and the Minister of State for replying. behalf of the Minister for Justice, Equality and Cavan No. 1 national school plays an important Law Reform, Deputy McDowell. part in the education of young people in the busy I join in what Deputy Finian McGrath said town of Cavan. It is a Church of Ireland based about the relatives of the victims of this terrible school but many of its pupils are from different tragedy, which all of us who lived in north Dublin backgrounds and nationalities. I first got involved at the time remember all too well. I can well with this school more than ten years ago when understand why the relatives wish to establish by numbers were small and the building was in an all possible methods more facts and more exam- impossible situation for modern education. ination of what led to this terrible tragedy. Money was provided for restructuring and heat- As the Minister has previously set out, dis- ing but since then, as the figures will show, it has cussions between his Department and representa- an enrolment of 61 with up to 20 on a waiting list. tives of the families led in 2004 to the presen- There are two teachers, with the principal dealing tation to the Department of a submission with 36 children, covering four classes in one prepared on behalf of the Stardust victims com- room. There are 25 children in the other room. mittee and which examined a range of issues They welcome the fact that they have been pro- relating to the fire and its investigation. That sub- vided support under the devolved grant but, mission was examined by the Garda Com- unfortunately, when the issue is being dealt with missioner and the Forensic Science Laboratory in a listed building, costs are very high. For but was found not to contain new evidence. example, under the regulations insisted on by An To be more specific, the Forensic Science Lab- Taisce, wooden windows must be fitted all oratory concluded that the report in question around the building even though only one wall amounted to a different interpretation of matters can be seen from the road since the building is in already brought to the attention of the tribunal. a courtyard. They had hoped to get a summer Similarly, the Garda response concluded that no grant scheme but that did not materialise. new evidence was forthcoming that would war- It appears the voluntary sector will have to rant the Garda Sı´ocha´na revisiting the investi- raise up to \200,000, which in a small parish is 2033 School Building 6 April 2006. Projects 2034 unacceptable. For the particular project the vol- caring way. The original quote which was more untary committee, led by the principal, has raised than \600,000 has been brought down to \500,000 more than \30,000 and is in the process of organ- but the grant will not meet it. This group has ising a major auction in the next few weeks. Is it engaged in fund-raising in the past for previous fair that a principal helping to organise this pro- projects. This project has raised more than ject, overseeing the building work and teaching \30,000. It hopes to raise more at the auction but full-time leaves the school at 12 midnight and is it is not possible to raise \200,000. back at 6.30 a.m. to ensure everything is done and in order? Minister of State at the Department of Edu- Since devolved grants were first introduced I cation and Science (Mr. B. Lenihan): I reply on have supported the system and believe it has behalf of the Minister for Education and Science, delivered good value for money to the Depart- Deputy Hanafin. I am pleased to have the oppor- ment and to schools. The cost per pupil is only a tunity to outline the position of the Department fraction of the Department’s system but in this in regard to the building project at Cavan No. 1 case sufficient money has not been provided to national school, County Cavan. take into account the structure of the building The school is accommodated in a listed build- and the fact that it is a listed building and all that entails. ing of Georgian design. It has an enrolment of 61 The past history of the school shows clearly pupils and a staffing of a principal teacher, one that the chairperson, principal, other teachers and assistant teacher, one shared learning support- parents have more than met their obligations and resource teacher and one language support will compare with any school in Ireland. I hope teacher. I join in Deputy Crawford’s tribute to that common sense will prevail and that realistic principals of schools. The work they do is extra- additional funding will be made available to ordinary. In a smaller school of this type the prin- ensure that a usable good structure will be put cipal must perform teaching duties and the entire in place. burden of administration falls on her shoulders. It is likely that the numbers will justify a fourth All that is done diligently and without complaint teacher within the next 12 months, leading to the by the principals who serve the Department so necessity for prefabs, which will curtail further well in that regard. In the larger schools the prin- the play area. This means the front space used for cipal does not have to engage in intensive teach- car parking will have to be drained, tarred and ing duties. In those cases there is a large staff and secured to have a decent playground. pupil enrolment to manage. Since this was a listed building an architect who The school was offered a devolved grant of \ specialises in the field had to be employed to 345,000 under the small schools scheme in 2005 meet An Taisce and Department of the Envir- to extend and refurbish the school. The board of onment, Heritage and Local Government regu- management accepted the grant offered and pro- lations and added more than \60,000 to the cost. ceeded with the architectural planning of the pro- Structural engineers, quantity surveyors and ject. Generally, the Department of Education and archaeologists had also to be employed. The type Science is moving towards a model of devolving of building and the working timescale under the funding, responsibility and authority as appro- devolved grant limited the number of new build- priate for building projects directly to school ings interested and increased the cost. management authorities. I agree with Deputy In a letter to the Department, the principal said Crawford that, in general, the system has worked there was a need to provide access to all areas well. Devolving of funding to school management and a toilet for a child with spina bifida enrolled authorities allows them to have control of their in September. The easiest option, because of its projects, assists in moving projects more quickly location, was to convert the school office and to tender and construction and can also deliver relocate that office. The principal is trying to deal better value for money. The assistance of the with all situations. principals, the chairs and members of boards of When the devolved grant was granted there management are invaluable with their local were a small number of non-English speaking knowledge and their willingness to give of their children but September saw a large increase for time to forward these projects. all schools in Cavan, including Cavan No. 1 The small schools scheme was originally intro- national school. The school now has a full-time duced on a pilot basis for 20 schools in the 2003 language teacher but no classroom. She shares a schools building programme. Owing to the posi- room with a language support-resource teacher tive response from schools the scheme was who is in attendance 17.5 hours per week. If the extended in the schools building programmes of residence were furbished, it would house two 2004, 2005 and 2006. While appropriate for many rooms suitable for language teachers, learning schools, the Department is aware that the scheme support and so on. is not necessarily suitable for all national schools The school is growing. Within the parish seeking to refurbish their school building or to numbers are increasing dramatically. I ask that build new accommodation. It is not the intention the position be looked at in a compassionate and of the scheme to leave schools with massive fund- 2035 The 6 April 2006. Adjournment 2036

[Mr. B. Lenihan.] of two new classrooms, ancillary accommodation raising requirements. Rather, the level of funding and external works subject to a number of con- should determine the scope of works undertaken. ditions, including the requirement that all works However, in some cases the school site or build- be supervised by a suitably qualified archaeol- ing can be problematic and this appears to be the ogist. Construction work commenced in case in the school in question. In other cases, the December 2005 and is ongoing. extent of the required work is too great for the The board of management has submitted an funding available under the scheme. In such cir- application for additional funding which was con- cumstances, schools have a number of choices. sidered by the appeals board which requested They can reduce the scope of intended works, that further inquiries be made regarding the fundraise to cover the shortfall or withdraw from application. When the inquires are completed the the scheme and be considered for inclusion in the application will be re-examined by the appeals mainstream school building programme in line board. The Department will continue to work with the project’s priority band rating. with the school management to ensure an appro- As I stated, the board of management of Cavan priate solution is found for the school and depart- No. 1 national school accepted the grant offered mental officials will be in contact with the school and proceeded with the architectural planning of shortly. I thank the Deputy for giving me the the project. The extent of the building which the opportunity to outline the current position to board of management can construct is deter- the House. mined by the sensitive location and nature of the site. The school subsequently applied for and The Da´il adjourned at 5.25 p.m. until 2.30 p.m. received planning permission for the construction on Tuesday, 25 April 2006. 2037 Questions— 6 April 2006. Written Answers 2038

Written Answers. As one of the most peripheral markets in terms of the EU energy market, Ireland has a great deal ———— to gain from such initiatives. This regional market initiative by the Euro- The following are questions tabled by Members pean regulators is welcome. It builds on the work for written response and the ministerial replies of the Department and the Commission for received from the Departments [unrevised]. Energy Regulation, CER, along with counter- parts in Northern Ireland, in developing an all- Questions Nos. 1 to 11, inclusive, answered island energy market and specifically the single orally. electricity market by 1 July 2007. It is envisaged that regional markets will act as Energy Policy. stepping stones towards a single European energy market which will allow the benefits of liberalis- 12. Mr. Sargent asked the Minister for ation to reach electricity consumers across Communications, Marine and Natural Resources Europe in the form of competitive prices, secure the process and timetable he intends to adopt in supplies, innovation and choice. the development of a White Paper on energy Under the initiative, the national regulator at policy; the form of public consultation and dis- the centre of each regional market has been des- cussion which will be possible; and if he will make ignated as the lead regulator to define the geo- a statement on the matter. [13750/06] graphic scope of the project, and to chair a small regional co-ordination committee of regulators. Minister of State at the Department of As part of the ERGEG electricity regional initiat- Communications, Marine and Natural Resources ive, Ireland, along with the UK and part of (Mr. Browne): The Minister intends to publish an France, is included in one regional electricity energy policy Green Paper by mid-year which market. Within this regional framework, the UK will set out medium and long-term perspectives regulator, OFGEM, will co-ordinate the work and directions for national energy policy. The and direct working groups made up of the other Green Paper will be set in the context of the con- regulators, including the CER, the transmission siderable and complex future challenges for Irish system operators and, where appropriate, energy policy and will take account of devel- market operators. opments in relation to European energy policy as This initiative does not impact on or replace well as global trends. the role or the statutory functions of the CER in The Green Paper will be subject to a public regulating the Irish electricity and gas markets. consultation process the outcome of which will The initiative is designed to complement, not cut inform the finalisation of a White Paper late this across, existing frameworks or national Govern- year. ment efforts to integrate markets. The key objec- tive of the regional electricity initiative is to iden- Electricity Market Regulation. tify and seek to remove barriers, which may be 13. Mr. Gilmore asked the Minister for hindering the growth of competitive electricity Communications, Marine and Natural Resources markets. the position regarding recent reports that the European Commission is proposing to group the Mobile Telephony. new all-island Irish market with the British 14. Mr. Kehoe asked the Minister for market as a European energy region and declare Communications, Marine and Natural Resources the British Regulator, Ofgem, as the lead regu- his proposals to encourage the development of lator for the two island market; the impact of technology to combat mobile phone bullying or same on the Irish market and the Commission for the transmission otherwise of pornographic Energy Regulation; and if he will make a state- images or material; and if he will make a state- ment on the matter. [13607/06] ment on the matter. [13833/06]

Minister of State at the Department of 31. Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Mr. Browne): I assume that the Deputy is refer- if he intends to introduce legislative or technical ring to the electricity regional initiative recently proposals to combat bullying or pornography launched by the European Regulators Group for through the use of texting messaging on mobile Electricity and Gas, ERGEG. This initiative is phones; and if he will make a statement on the aimed at accelerating the single European energy matter. [13832/06] market by promoting seven electricity regional energy market projects. The European Council Minister of State at the Department of conclusions encourage the acceleration of Communications, Marine and Natural Resources regional energy co-operation within the EU and (Mr. Browne): I propose to take Questions Nos. facilitating the integration of regional markets. 14 and 31 together. 2039 Questions— 6 April 2006. Written Answers 2040

[Mr. Browne.] malicious communications. A copy of the guide is The Minister for Communications, Marine and available on the ICIA website at www.icia.ie. Natural Resources has overall responsibility for electronic communications policy but has no Broadcasting Legislation. responsibility for the actions of persons con- ducting bullying or intimidation activities over 15. Mr. McEntee asked the Minister for electronic communications networks or the trans- Communications, Marine and Natural Resources mission of pornographic images. Neither does the if he or others, with or without his authority, have Minister have responsibility for the development entered into discussions with RTE or those in the of technology, which is primarily a matter for the private sector in the context of the likely contents mobile phone operators. of the proposed Broadcasting Bill; if agreements Much of the criminal activity perpetrated using or conclusions have been arrived at; and if he will electronic communications networks is legislated make a statement on the matter. [13843/06] for according to the offence and not the medium by which it was committed. Some legislation actu- Minister of State at the Department of ally predates the advent of electronic technology Communications, Marine and Natural Resources and legislating to combat these offences does not (Mr. Browne): The priority issues to be addressed always fall under this Department’s remit. by the Broadcasting Bill are as follows: the estab- The Deputy should be aware, however, that lishment of a single content regulator for com- legislation already exists to tackle the issues to mercial, community and public service broad- which he refers: It is an offence under section 13 casters; the establishment of RTE as a company of the Post Office (Amendment) Act, 1951, as under the Companies Acts; the provision of a amended by The Postal and Telecommunications statutory mechanism for future adjustments to Services Act, 1983, to send by phone any message the level of the television licence fee; and the or other matter which is grossly offensive or of development of the right of reply mechanism, an indecent, obscene or menacing character; and allowing persons whose reputation and good it is also an offence under section 10 of the Non- name have been damaged by an assertion of Fatal Offences Against the Person Act 1997 to incorrect facts in a television or radio programme harass a person by use of any means including by to gain redress. use of a telephone. Anyone who has information The Minister’s intention in framing the legislat- in relation to these matters should bring it ive proposals that will form the basis of the new immediately to the attention of the Garda Sı´och- Broadcasting Bill will be to ensure that the broad- a´na for criminal investigation. casting regulatory environment continues to In so far as issues relating to children are con- encourage the parallel development of high qual- cerned, as previously stated legislation is already ity broadcasting by Irish public service, commer- in place but the role of parents in decisions con- cial and community broadcasters. cerning the purchase and use of mobile phones In the context of the development of broad- by their children cannot be emphasised enough. casting policy, our officials and the Minister have They should ensure that their children use them cause, on a regular basis, to meet with the various appropriately. This is ultimately the best way of interests that comprise the broadcasting sector safeguarding them from the perils of abuse of including, but not limited to, commercial broad- such technology. In addition, the Deputy may be casters, public service broadcasters and indepen- aware that the Irish Cellular Industry Associ- dent producers. At many of these meetings the ation, ICIA, an alliance of the mobile operators issues to be addressed in the forthcoming Broad- — Vodafone, 02 and Meteor Mobile Communi- casting Bill, given their relative importance to the cations and the mobile handset manufacturers sector, have been raised and discussed in Nokia and Siemens — has taken many steps to general terms. promote the safe and responsible use of mobile phones. Energy Resources. The Deputy may be interested in the ICIA’s publication entitled A Parent’s Guide to Mobile 16. Mr. Sherlock asked the Minister for Phones, which aims to inform parents of some Communications, Marine and Natural Resources key safety tips that will encourage responsible the position regarding the opening of the gas and secure use of mobile phones by their chil- market; the number of third-party operators pro- dren. The guide seeks to educate parents and viding gas to the industrial and domestic sectors; guardians in the ways in which they can gain the way in which the operation of the natural gas greater visibility of their child’s mobile usage and grid is to be managed; the locations where the the services they access, for example the facility majority of oil and natural gas imports here are provided by operators, which allows authorised sourced; the forecasted demand for natural gas access for parents to a child’s account. The guide here in 2020, 2030 and 2050; and if he will make also addresses the subject of bullying and a statement on the matter. [13634/06] 2041 Questions— 6 April 2006. Written Answers 2042

Minister of State at the Department of east-west interconnector; if a decision been taken Communications, Marine and Natural Resources on whether it will be developed on a regulated or (Mr. Browne): I can advise the Deputy that pro- hybrid regulated merchant basis; and if he will vision is made in the Energy (Miscellaneous make a statement on the matter. [13626/06] Provisions) Bill 2006, currently under consider- ation by this House, for full gas market opening Minister of State at the Department of no later than 1 July 2007 deadline set by the Communications, Marine and Natural Resources EU. (Mr. Browne): I propose to take Question Nos. Since July 2004, the gas market has been open 17 and 109 together. to all customers excluding domestic customers. Security of energy supply is a key imperative This amounts to 86% of the market by volume. for Ireland and the European Union. The rela- There are currently four suppliers serving the tively small size of the Irish electricity market competitive element of the market. underlines the need for greater interconnection The Commission for Energy Regulation, CER, as a means of enhancing security of supply, pro- regulates the natural gas grid through the trans- moting competition and integrating the Irish elec- mission and distribution licences. This includes tricity market into the wider European market. approval of capital and operating expenditures In this context, the east-west electricity intercon- and approving network tariffs. It also involves nector project remains a key priority for the bench-marking of service levels, development of Government. operating and technical codes and resolving dis- The priority need for enhanced interconnection putes in relation to access and charging. across Europe has been highlighted by the EU Under SI 760 of 2005, provision has been made Commission and endorsed by the Spring Euro- for the legal unbundling of the transmission and pean Council on 24 March. The European distribution system operations of Bord Ga´is emphasis on interconnection is very much in E´ ireann, BGE´ . Under the provisions of this statu- keeping with our own national priorities. tory instrument, BGE´ is effectively required to The Minister will be bringing the matter to establish a subsidiary company with responsibility Government shortly for a decision as to the most for operation of the natural gas grid. appropriate mechanism to secure east-west inter- In 2005, all oil imports into Ireland were connection in terms of financing and developer sourced from the North Sea. These imports were selection. His recommendations will be informed sourced specifically from the UK, Norway and by the advice of the Commission for Energy Denmark. Natural gas imports were all sourced Regulation. Decisions are needed now to ensure from the UK. that the target date of 2011 for operation of the In relation to expected natural gas demand, the interconnector is met. In this context, I am CER is required under EU regulations to prepare pleased to advise the Deputy that the Second and publish an annual gas capacity statement. Stage of the Energy (Miscellaneous Provisions The function of this statement is to advise of the Bill) 2006 has been introduced in the House. The adequacy of capacity in the Irish gas transmission Bill will provide the necessary legislative powers network over an eight-year period. The statement for the CER, with the Minister’s consent, to forecasts capacity, flows and customer demand secure the construction of an interconnector by for natural gas and provides an indication of means of competitive tender, authorisation pro- likely investment projects required over the state- cess or inclusion in the development plans of the ment period. The latest statement covers the transmission system operator. The Bill provides period up to 2012 under a number of scenarios. for the possibility that costs related to the inter- Current projections made by Sustainable Energy connector could be recouped through the trans- Ireland forecast that gas demand is expected to mission use of system charge. The Bill will also continue to increase by 5% per annum to 2020. address a present anomaly facilitating a regulated This will result in gas accounting for up to 35% of interconnector not owned by the ESB. primary energy consumption. There is no reliable In relation to possible outflows of electricity, data available thereafter. east-west electricity interconnection will allow for the potential export of wind-powered electricity, 17. Mr. English asked the Minister for which could be surplus to national requirements Communications, Marine and Natural Resources due to the variable nature of the wind resource. when he expects an east-west electricity intercon- However, the overall amount of wind-powered nector to become a reality; the anticipated degree capacity which could be safely connected to the to which it might be used for outflows or national grid after the commissioning of an east- incoming electricity in the future; and if he will west electricity interconnector would depend on make a statement on the matter. [13824/06] a variety of factors. These include the amount of wind-powered capacity connected in the UK, the 109. Mr. O’Shea asked the Minister for nature and point of the interconnection and pro- Communications, Marine and Natural Resources tocols for operating the interconnection and the position regarding the plan to develop an accessing or allocating the available capacity. 2043 Questions— 6 April 2006. Written Answers 2044

Broadcasting Services. on a free television service would be made avail- able in the public interest; if the Ryder Cup 2006 18. Dr. Twomey asked the Minister for will be designated as free to air; and if he will Communications, Marine and Natural Resources make a statement on the matter. [13618/06] the extent to which he expects the availability of radio and television broadcasting to expand and develop overseas, having particular regard to the Minister of State at the Department of needs of the Irish emigrants; and if he will make Communications, Marine and Natural Resources a statement on the matter. [13841/06] (Mr. Browne): The television without frontiers directive provides that member states of the European Union may designate certain sporting 27. Mr. Broughan asked the Minister for and cultural events as being of major importance Communications, Marine and Natural Resources to society and that events so designated should the progress made on his commitment to the pro- continue to be available on a free television vision of RTE programming for the Irish com- service. It is a matter for each individual member munity in Britain under the heads of the Broad- state to decide whether or not to draw up a list. casting Bill; and if he will make a statement on The Department recently completed a report the matter. [13782/06] on the review of designated events undertaken pursuant to section 9 of the Broadcasting (Major Minister of State at the Department of Events Television Coverage) (Amendment) Act Communications, Marine and Natural Resources 2003. Following a detailed consideration of all the (Mr. Browne): I propose to take Questions Nos. circumstances, the Minister for Communications, 18 and 27 together. Marine and Natural Resources has decided to As the Deputy may already be aware, there are continue with the designation of all of the events no specific legislative impediments to commercial on the list of events designated in 2003 and not broadcasters who wish to broadcast to the Irish to add any additional events to that list. community in Britain, or elsewhere in the Euro- pean Union, on a purely commercial basis. Alternative Energy Projects. As regards public service broadcasting, RTE’s statutory mandate, as defined in section 28(1) of 20. Mr. Coveney asked the Minister for the Broadcasting Act 2001, provides that RTE’s Communications, Marine and Natural Resources radio and television services shall be made avail- if he has had discussions with the Department of able, in so far as is reasonably practicable, to the Agriculture and Food or farming, processing or whole community on the Island of Ireland. As other interested groups with a view to the utilis- such, RTE’s statutory mandate does not extend ation of lands previously used for sugar beet to the provision of radio or television services to growing for biofuel crop production; and if he will Irish communities living in Britain or elsewhere. make a statement on the matter. [13795/06] As a consequence, RTE may not use the pro- ceeds of the television licence fee to provide such 100. Mr. Coveney asked the Minister for services. However, it should be noted that many Communications, Marine and Natural Resources people living outside the island of Ireland already if his attention has been drawn to proposals or enjoy access to a considerable quantity of RTE’s reports emanating from the sugar beet industry in television programming by way of the Internet the matter of the conversion of facilities from and to RTE’s radio services by way of satellite, food production to biofuel production; and if he LW and MW and the Internet. will make a statement on the matter. [13794/06] In the light of the recommendations of the Task Force on Emigration, the issue of amending 214. Mr. Durkan asked the Minister for RTE’s public service remit to include the pro- Communications, Marine and Natural Resources vision of television services to In the light of the if his attention has been drawn to proposals or recommendations of the Task Force on Emi- reports emanating from the sugar beet industry in gration, the issue of amending RTE’s public the matter of the conversion of facilities from service remit to include the provision of television food production to biofuel production; and if he services to Irish communities in Britain is cur- will make a statement on the matter. [13889/06] rently being considered in the context of develop- ment of the legislative proposals that will form 215. Mr. Durkan asked the Minister for the basis of the proposed Broadcasting Bill. It is Communications, Marine and Natural Resources anticipated that these legislative proposal will be if he has had discussions with the Department of published in the coming months. Agriculture and Food or farming, processing or other interested groups with a view to the utilis- 19. Mr. Rabbitte asked the Minister for ation of lands previously used for sugar beet Communications, Marine and Natural Resources growing for bio-fuel crop production; and if he if a decision has been made following the recent will make a statement on the matter. [13890/06] review of the list of events designated as events of major importance to society for which the right 232. Mr. Eamon Ryan asked the Minister for of a qualifying broadcaster to provide coverage Communications, Marine and Natural Resources 2045 Questions— 6 April 2006. Written Answers 2046 the role his Department will play in assisting to and the single electricity market Bill; when the kick-start the renewable energy sector by estab- electricity Bill will return to the Da´il E´ ireann lishing plants to produce ethanol from sugar beet legislative programme; if the delay in bringing due to the closure of both Mallow and Carlow forward the electricity Bill will have implications sugar factories. [13967/06] for commercial and strategic decision making at the ESB; and if he will make a statement on the Minister of State at the Department of matter. [13633/06] Communications, Marine and Natural Resources (Mr. Browne): I propose to take Questions Nos Minister of State at the Department of 20, 100, 214, 215 and 232 together. Communications, Marine and Natural Resources An interdepartmental biofuels group was (Mr. Browne): The draft heads of the electricity established in 2004 to ensure close co-operation Bill to provide for the conversion for ESB to a and communication between the relevant players public limited company status are being pro- on biofuels and biomass development and related gressed and the timeframe for its reinstatement policy initiatives. The group comprises represen- on the Government’s legislative programme will tatives of the Department, the Department Agri- be kept under review during the year. The Mini- culture and Food, the Environment, Heritage and ster does not consider that the revised timetable Local Government, Finance, Transport and Sus- for the Bill has implications for commercial or tainable Energy Ireland, SEI. The Minister has strategic decision-making by ESB. asked the Department to give particular priority The key deliverable within the all-island energy to maintaining and enhancing a fully holistic market framework is to have an all-island whole- approach across Departments to progressing the sale electricity market in place by 1 July 2007. A biofuels-bioenergy agenda and addressing supply critical immediate priority, therefore, for both and demand challenges and opportunities in a Governments is to ensure that an appropriate strategically planned way. legislative framework is in place to underpin this The 2005 pilot mineral oil tax relief scheme for market. This necessitates the enactment of biofuels has resulted in eight projects being parallel legislation in both jurisdictions. awarded excise relief and will result in 16 million The draft scheme of the single wholesale elec- litres of biofuels being placed on the Irish trans- tricity market Bill is currently being developed port market by next year. Building on the success by the Department in consultation with Northern of this scheme and following extensive dis- colleagues, the CER and the Office of the cussions with industry and relevant Departments Attorney General. The Minister, Deputy and agencies, the Minister agreed with the Mini- Dempsey, expects to be in a position to seek ster for Finance a further targeted package of Government approval for detailed priority draft- excise relief valued at \205 million, which was ing by the end of April. The delivery of such announced in the budget. The new excise relief parallel legislation by the July 2007 deadline rep- programme, which is subject to State-aid resents a very challenging timeframe for all con- approval, will be rolled out from this year to 2010 cerned. The relevant officials are working inten- and will enable us to reach the initial target of sively with their Northern colleagues and the two 2% market penetration by biofuels by 2008. regulatory authorities to ensure that this target When fully operational the relief is expected to is met. support the use and production of some 163 mil- lion litres of biofuels each year. The Minister is Postal Services. also providing funding towards the capital cost of developing biofuels processing facilities, which 22. Mr. Broughan asked the Minister for will critically underpin the excise relief package. Communications, Marine and Natural Resources The potential for using existing facilities for the the position regarding his plan to introduce post- production of biofuels and switching to the pro- codes; if the consultation process has concluded; duction of energy crops is ultimately a commer- if he has received a report on the matter; if so, cial decision for developers and farmers. The new when it will be published; and if he will make a excise relief programme will provide a framework statement on the matter. [13627/06] in which farmers and potential developers can consider all such options. The Minister will con- Minister of State at the Department of tinue to work closely with his colleague, the Mini- Communications, Marine and Natural Resources ster for Agriculture and Food, in ensuring an (Mr. Browne): The Minister is favourably dis- integrated approach to bioenergy issues. posed towards the introduction of postcodes because of the case made that a national postcode system would offer significant potential benefits Proposed Legislation. for the postal business, public utilities, business 21. Mr. Sherlock asked the Minister for and consumers and the general public, including Communications, Marine and Natural Resources addressing the issue of non-unique addresses. the other legislation which is planned, or in draft To examine the introduction of a postcode stage, in relation to the ESB and the electricity system in Ireland, the Minister established a sector with reference to both the electricity Bill working group comprised of people with experi- 2047 Questions— 6 April 2006. Written Answers 2048

[Mr. Browne.] EU Government members; and if he will make a ence of the postal sector, together with the statement on the matter. [13612/06] Department of the Environment, Heritage and Local Government, which is the lead Department 35. Mr. Kenny asked the Minister for for the Irish spatial data infrastructure initiative Communications, Marine and Natural Resources to examine the issue of the introduction of a post- when he expects mobile telephone roaming code system in Ireland. This group produced its charges to be abolished; and if he will make a report last year. The report found that the intro- statement on the matter. [13818/06] duction of a publicly available postcode could deliver many potential benefits. The purpose of a 47. Mr. Kenny asked the Minister for postcode system would be to improve efficiencies Communications, Marine and Natural Resources and quality in the postal sector, stimulate mail when he expects mobile telephone roaming volume growth, assist utilities and emergency changes to be abolished throughout Europe in services and address the problem of non-unique line with recent indications at the European addressing. These improvements collectively will Council; and if he will make a statement on the boost the country’s competitiveness. matter. [13819/06] Following on from the recommendations of the working group report, the Minister asked the Minister of State at the Department of Commission for Communications Regulation, Communications, Marine and Natural Resources ComReg, to appoint project managers to support (Mr. Browne): I propose to take Questions Nos. the postcode project by providing technical and 23, 35 and 47 together. economic advice including assessing the costs and Following pressure from the Taoiseach, the benefits of the introduction of a postcode. Com- European Council emphasised the importance for Reg, following an open and competitive competitiveness and ease of travel of reducing tendering process, appointed both technical and roaming charges. economic consultants. A National Postcode Pro- This is an issue that affects many people travel- ject Board, comprising representatives of Depart- ling throughout the EU and is a clear example ments, together with public and private sector of impediments to the Single Market negatively organisations that he appointed last year, is man- affecting the citizens and businesses. The roaming aging these. charges for voice calls, text messages and data are One constituent part of the consultants’ work very significant and we would like to see them programmes is that they engage in a process of reduced or preferably eliminated. stakeholder consultation with a view to arriving We strongly welcome the announcement by at a postcode model that best meets the needs of Commissioner Viviane Reding of her draft pro- the stakeholders and measures the likely costs posals for a regulation to tackle roaming, which and benefits of the introduction of such a post- will require approval by the European Parliament code. The technical advisers to the project and the Council of Ministers. We look forward to engaged in a consultation process with key stake- working with her towards the implementation of holders late last year and at the beginning of this the regulation. I am particularly pleased that the year with a view to making a recommendation as Commission is taking action following requests to the postcode models to progress to full cost from the Minister, Deputy Dempsey, to Com- benefit analysis. An extensive consultation pro- missioner Reding. cess is currently being conducted by the cost In the all-island context, roaming is an issue benefit consultants with a view to calculating the that both the UK Government and Ireland have net benefits that might accrue from the introduc- highlighted in the context of enhancing North- tion of each particular postcode being examined. South co-operation. It is expected that the consultants will present, In regard to the implementation of revised by the second quarter this year, a proposal to the prices for international roaming, while this is a National Postcode Project Board that describes matter for the mobile phone companies which in sufficient detail the most appropriate postcode operate in a fully liberalised market overseen by system for Ireland, along with a detailed imple- ComReg, Ireland’s independent regulator, I very mentation plan. The board will then present its much encourage the operators to move quickly to recommendation to the Minister for his con- reduce roaming charges or preferably to elimin- sideration. ate them. I welcome recent announcements by Vodafone Ireland, O Ireland and 3Ireland to tackle roam- Mobile Telephony. 2 ing charges and I would hope that they would 23. Ms O’Sullivan asked the Minister for now address text messaging, data transfer and Communications, Marine and Natural Resources pre-paid customers. These initiatives followed the Government’s position on the recent Euro- interventions with the operators by the Minister, pean Commission draft regulations on the abol- Deputy Dempsey, and his Northern Ireland ition of roaming charges for mobile phone users counterpart, Minister Angela Smith, as well as across the EU; if he expects the support of other Ofcom and ComReg. 2049 Questions— 6 April 2006. Written Answers 2050

Post Office Network. increase in post office business and contribute to the viability of the network. 24. Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Finishing Date Resources the number and location of post offices that have closed since he became Minister; Donnycarney T.S.O. 01/10/2004 and if he will make a statement on the future of the national post office network, especially with Scramogue 20/10/2004 regard to new financial services. [13640/06] Kilcorney 30/10/2004 Bonane 31/10/2004 Minister of State at the Department of Carrickaboy 05/11/2004 Communications, Marine and Natural Resources Four Mile House 18/02/2005 (Mr. Browne): I refer the Deputy to the appendix Aghabog 31/03/2005 set out below that outlines the information Cadamstown 06/04/2005 requested on the number of post offices con- verted or closed since the Minister came into Loughan 31/05/2005 office in September 2004. The opening, conver- New Inn (Kells) 31/05/2005 sion and closure of individual post offices is a Tagheen 31/05/2005 matter for the board and management of the Cregganbaun 10/06/2005 company. Strand 13/06/2005 With regard to the post office network, as Brickens 23/06/2005 clearly set out in the programme for Government, Coolbawn Portlaoise 02/07/2005 this Government and the Board of An Post are Rahara 29/07/2005 committed to the objective of securing a viable and sustainable nationwide post office network. Killiney T.S.O. 10/08/2005 Notwithstanding the commercial remit of An Clooneyquinn 16/09/2005 Post, there is a clear Government recognition of Inch 30/09/2005 the social benefits of maintaining the nationwide Rathfeigh 30/09/2005 post office network. Accordingly, An Post Ardlogher 28/10/2005 development strategies for the network continue Broadford Naas 18/11/2005 to take full account of these benefits. Coralstown 07/12/2005 It is the Government’s objective to maintain the largest, economically sustainable post office Brandon 02/01/2006 network possible. The challenge for all stake- Tomhaggard 20/01/2006 holders in An Post is to generate sufficient profit- Grangecon 31/01/2006 able business to maintain the network at its cur- Church Cross 01/02/2006 rent size. While the Government will support the Crosspatrick 10/02/2006 network in any way it can, the way forward is for Drumcree 01/03/2006 An Post to enhance existing services and, build- Cranford 31/03/2006 ing on existing strengths, to develop new prod- uct offerings. Fortel 31/03/2006 The network has a high footfall and to capital- ise on these advantages it is essential that existing and new services are developed to meet customer Sub Office Conversion to Postal Commencement requirements. The network also has the capacity Agent Date and potential to deliver more private business especially in financial services and opportunities Coolaney 14/10/2004 are actively being pursued by An Post in this Dooagh 01/11/2004 area. Indeed, on foot of substantial investment in Ballanagare 11/11/2004 computerisation, a significant amount of extra Rann-Na-Feirsde 18/11/2004 business has already been obtained for the net- Baltimore 23/12/2004 work in terms of banking and utility business. At Donamon 17/02/2005 present, 95% of An Post’s business is conducted Kinsalebeg 01/04/2005 through automated offices. Ballintogher 21/04/2005 The Minister, Deputy Dempsey, has also asked the company to ensure that any strategy for the Ryefield 30/04/2005 development of the company should ensure the Loughhill 01/06/2005 long term viability of the post office network and Castleblakeney 30/06/2005 in this light, An Post is currently working on a Derreens 30/06/2005 new initiative which could see the development Neale 01/07/2005 and expansion of the range of financial services Frosses 13/07/2005 that it can deliver through its network of post Tourlestrane 22/07/2005 offices. If successful, it could lead to a significant 2051 Questions— 6 April 2006. Written Answers 2052

[Mr. Browne.] pinning legislation. In the context of the all-island Sub Office Conversion to Postal Commencement energy market development framework, the Agent Date development of a single regulatory body is sig- nalled within the detailed development prog- Kilmovee 29/07/2005 ramme as a longer-term strategic goal. An exam- Stratford-On-Slaney 30/07/2005 ination of the benefits and requirements for the Ballinamuck 04/08/2005 creation of an all-island regulatory body is sched- Kildalkey 21/10/2005 uled for 2009-2010. Emo 04/11/2005 Work is under way to develop a long-term strategy for renewable energy on an all-island Mount Temple 30/11/2005 basis. A joint North-South public consultation on Mageney 06/01/2006 an all-island vision for renewable energy by 2020 Bunnanadden 11/01/2006 and beyond has been undertaken. We will Milltownpass 16/01/2006 develop an agreed joint policy paper this year on Freemount 01/02/2006 long-term sustainability of energy supplies, with a particular focus on renewable electricity gener- Reenascrenna 01/03/2006 ation. As part of this work, a major grid study is Ross West 01/03/2006 under way to address the implications of signifi- Clashmore 31/03/2006 cantly increased renewables in the electricity mix on the island of Ireland by 2020.

26. Mr. Connaughton asked the Minister for Energy Market Regulation. Communications, Marine and Natural Resources if he has in mind legislative changes or proposals 25. Mr. S. Ryan asked the Minister for with a view to freeing up or improving compe- Communications, Marine and Natural Resources tition in the energy market with consequent the position regarding the development of the all- benefit to the consumer; and if he will make a island energy market; the role renewable energy statement on the matter. [13803/06] technologies will play in this integrated market; the way in which the two regulators will co- Minister of State at the Department of operate in a single market; his views on the estab- Communications, Marine and Natural Resources lishment of a single all-island regulator; and if he (Mr. Browne): The Minister has recently pub- will make a statement on the matter. [13635/06] lished the Energy (Miscellaneous Provisions) Bill 2006. This Bill, which builds on recent secondary Minister of State at the Department of legislation to implement the electricity and gas Communications, Marine and Natural Resources market EU directives, will enhance competi- (Mr. Browne): Government policy in regard to tiveness within the energy market and bring the creation of an all-island energy market is set consequent benefits to the consumer. The Second out in the all-island energy market development Stage of the Bill was introduced to the House framework which was jointly launched in earlier today. November 2004. One of the key provisions of this Bill is to The key priority within the framework is to put expand the functions of the Commission for the all-island wholesale electricity market in place Energy Regulation, CER, to underpin its work by 1 July 2007. The two regulators have already on an all-island energy market. The new market agreed the high-level principles governing the will, over time, remove market distortions and operation of this market and are now working on should impact positively on the wholesale cost of the detailed rules. This process involves close electricity. It should also make Ireland more consultation with stakeholders. attractive as a location for new electricity gener- A critical immediate priority for both Govern- ation investment and help improve the security ments is to ensure that an appropriate legislative and reliability of electricity supplies throughout framework is in place to underpin the single elec- the entire island. tricity market. Delivery of the new single market Another key feature of the Energy by July 2007 presents a very challenging time- (Miscellaneous Provisions) Bill 2006 is the pro- frame in which the necessary parallel legislation vision enabling the Minister to introduce full gas must be enacted. Officials are working intensively market opening by ministerial order in advance with their Northern colleagues and the two regu- of the EU deadline of 1 July 2007. The opening latory authorities to ensure that this target is met. of the natural gas market has been implemented At present, the two regulatory authorities co- in phases in line with EU policy requirements. operate on progressing all-island electricity This final phase of market opening will extend market issues on foot of a memorandum of the benefits of liberalisation, previously enjoyed understanding agreed between them in August by industrial and commercial consumers, to all 2004. The way in which the two regulators will natural gas customers who will be able to shop work together in the context of the single elec- around for their supplier and get the best value. tricity market will be provided for in the under- 2053 Questions— 6 April 2006. Written Answers 2054

The electricity market in Ireland fully opened on city of oil companies and oil consumers is one for 19 February 2005, when all 1.8 million customers the companies themselves. became free to shop around for their electricity The Minister is satisfied that Ireland’s emer- supplier. This date is well in advance of the July gency stock levels are sufficient to ensure that we 2007 deadline for full liberalisation of the elec- would be in a position to participate effectively in tricity markets as set down by the EU in the any internationally co-ordinated response in the second Electricity Directive 2003/54/EC. event of an international oil supply disruption, or There are currently five active independent manage any short-term disruption specifically suppliers in the electricity retail market who have impacting on the Irish market. tended to focus to date on large to medium sized Under the Gas (Interim) (Regulation) Act customers. Competitive activity in that segment is 2002, the Commission for Energy Regulation, strong with 33% of total energy now being sup- CER, has the function of licensing natural gas plied by independents. Over time, as suppliers storage facilities. In carrying out its functions, the target the domestic market, those benefits are commission must have regard to the need to expected to be extended to the domestic cus- ensure that there is sufficient capacity in the tomer. The all-island single electricity market, natural gas system to enable reasonable expec- which is scheduled for 1 July 2007, will see new tations of demand to be met; and to secure the market and trading arrangements in place which continuity, security and quality of supplies of will facilitate and enhance competition. natural gas. Marathon Oil Ireland Ltd. is developing Question No. 27 answered with Question natural gas storage facilities at south west Kin- No. 18. sale. CER is finalising the licensing regime and it is planned that the storage facility will be oper- Energy Resources. ational in summer 2006. A common all-island approach on storage and 28. Mr. Allen asked the Minister for Communi- liquefied natural gas in the context of the all- cations, Marine and Natural Resources his views island energy market development framework is on whether adequate oil, gas or other fuel storage being progressed. Work is under way by the facilities are sufficient to meet future require- Departments and regulatory authorities North ments; if he has in mind proposals to improve or and South with a feasibility study being com- enhance this capability; and if he will make a missioned as a first step. statement on the matter. [13823/06] In the case of peat, Bord na Mona holds stocks of 6.6 million tonnes of peat against annual 108. Mr. O’Dowd asked the Minister for requirement of 3.3 million tonnes based on usage Communications, Marine and Natural Resources of the three peat stations and the two briquette the extent of the proposals he has to increase the factories. storage capacity in respect of oil, gas or other fuels; the capacity in terms of days or weeks; his plans to improve the situation; and if he will make An Post. a statement on the matter. [13815/06] 29. Aengus O´ Snodaigh asked the Minister for Communications, Marine and Natural Resources Minister of State at the Department of the percentage stake the Government has in An Communications, Marine and Natural Resources Post; and if he has an adequate amount of power (Mr. Browne): I propose to take Questions Nos. regarding An Post for the size of this stake. 28 and 108 together. [13769/06] As a member of the International Energy Agency Ireland is required to maintain emer- 70. Mr. Morgan asked the Minister for gency oil stocks equivalent to at least 90 days of Communications, Marine and Natural Resources net imports of crude oil equivalent in the previous if he has powers or responsibilities regarding An year. The EU imposes a similar requirement Post; and if so, if he will outline them. [13767/06] based on consumption. The National Oil Reserves Agency, NORA, is responsible for Minister of State at the Department of holding Ireland’s strategic oil reserves. Communications, Marine and Natural Resources It meets its obligations through a combination (Mr. Browne): I propose to take Questions Nos. of stocks owned by NORA both at home and 29 and 70 together. abroad, stocks ‘ticketed’ by NORA and oper- The powers and responsibilities of the Minister ational stocks held in Ireland by the oil industry for Communications, Marine and Natural and large companies. At 1 February 2006, Resources with respect to An Post are as set out Ireland’s oil stock reserves were estimated at 101 in the Postal and Telecommunications Services days net imports of which NORA stocks Act, 1983 and in the memorandum and articles accounted for 37 days. of the company. As set out in the 1983 Act, the It is estimated that oil storage capacity held by Government has a 100% stake in the company. the Irish oil industry and oil consumers amounts His responsibilities are also to ensure that the to 98 days. The question of increasing the capa- corporate governance guidelines for semi-State 2055 Questions— 6 April 2006. Written Answers 2056

[Mr. Browne.] Broadcasting Services. bodies are adhered to and that the shareholder 33. Mr. Penrose asked the Minister for interests in the company are protected. Communications, Marine and Natural Resources In accordance with the 1983 Act, in his role as when the consultants Deloitte & Touche and shareholder of the company the Minister has William Fry Solicitors will report on an imple- appointed a board to oversee the management of mentation plan for the establishment of TG4 as the company and to deal directly with the day-to- an independent statutory body; and if he will day operational matters of the company. make a statement on the matter. [13623/06]

Question No. 30 answered with Question Minister of State at the Department of No. 7. Communications, Marine and Natural Resources (Mr. Browne): I refer the Deputy to the Mini- Question No. 31 answered with Question ster’s reply to Question No. 82 on 21 February No. 14. 2006.

Fishing Industry Development. Question No. 34 answered with Question No. 9. 32. Mr. Perry asked the Minister for Communi- cations, Marine and Natural Resources if there Question No. 35 answered with Question are plans to draw up a strategic plan for the Irish No. 23. fishing fleet; if, in view of events such as the recent \45 million spent on decommissioning Harbours and Piers. whitefish vessels just ten years after the State began spending \100 million on renewing the 36. Mr. Gogarty asked the Minister for whitefish fleet, there is a need for a strategic plan Communications, Marine and Natural Resources for the industry; his plans to meet with fishing the timetable for construction works in the body representatives to discuss future plans for development of Greencastle Harbour announced the industry; and if he will make a statement on at the end of January 2006; the projected total the matter. [13643/06] costs for the works; the amounts that will be pro- vided by his Department and the local authority Minister of State at the Department of in this regard; and if he will make a statement on Communications, Marine and Natural Resources the matter. [13746/06] (Mr. Browne): The Government is supporting the development of the seafood industry through a Minister of State at the Department of number of integrated schemes designed to secure Communications, Marine and Natural Resources a sustainable future for the industry under the (Mr. Browne): The harbour at Greencastle is aegis of the National Development Plan 2000- owned by Donegal County Council and responsi- 2006. bility for its maintenance and development rests The two successful fleet renewal programmes with the local authority in the first instance. In 2006 the Department has allocated funding of and the recent introduction of a decommissioning \2.4 million towards the commencement of the scheme with a budget of \45 million over the next first phase of a development project for Green- two years will together deliver the necessary castle Harbour under the fishery harbours restructuring, renewal and modernisation of the development programme. Under that programme fishing fleet, which is designed to bring a modern, the Department provides 75% funding and the safe and efficient fleet into balance with the avail- local authority pays the balance of 25%. The total able fishing opportunities. expenditure envisaged for 2006, including the The scope for the continued further develop- county council’s contribution, is \3.2 million. The ment of the industry will be determined in the proposed development at Greencastle has context of the next national plan for the period received full planning permission. 2007-2013. In this regard, extensive discussions The first phase is the construction of a 290 m have already been held at EU level regarding a long rock breakwater; the cost of this phase is new European fisheries fund to apply over the currently estimated as \16.74 million. The second period 2007-2013. The terms of the new Euro- phase involves the construction of 100 metres of pean fisheries fund have not yet been agreed at berthage for mussel dredger boats; the current EU level. The proposal is the main item on the cost estimate of this second phase is \4.56 million. Fisheries Council planned for 25 April 2006. The third and final phase would be the construc- The Minister, Deputy Dempsey, and I will be tion of a 250 m long deepwater pier whose cur- meeting with the fishing industry representatives rent estimated cost is \16.74 million. The total in the near future to commence the process of estimated cost of the project comes to \38.04 mil- developing a strategy for the fishing industry that lion at current costings. will provide for a long-term sustainable future for The 2006 works will consist of access road con- the fishing industry and support the livelihoods of struction to the proposed new breakwater site coastal communities dependent on fishing. and the carrying out of environmental impact 2057 Questions— 6 April 2006. Written Answers 2058 mitigation measures at neighbouring residential is proposing in this regard; and if he will make a properties. statement on the matter. [13744/06] The question of providing further funding to the project in future years depends on the amount Minister of State at the Department of of Exchequer funding available for fishery har- Communications, Marine and Natural Resources bours and overall national priorities. (Mr. Browne): The Department has brought to the Minister’s attention recent press reports indi- Alternative Energy Projects. cating that the European Commission may be preparing to adopt a package of infringement 37. Mr. Gormley asked the Minister for procedures against a number of member states Communications, Marine and Natural Resources in respect of issues around the transposition or the proposals which exist for increasing the implementation of Community energy legislation number of certified installers of renewable heat into national law. systems that qualify for the new domestic renew- At this point, the Department has not received able energy grants; and the reason the support any formal notification or correspondence from measures for solar panels under this scheme are the European Commission on the unbundling of based on the size of the panels rather than on the electricity transmission system operator from their relative efficiency standards. [13749/06] electricity supply and generation in this country. Minister of State at the Department of Communications, Marine and Natural Resources Alternative Energy Projects. (Mr. Browne): The domestic grants scheme is 40. Mr. J. O’Keeffe asked the Minister for being rolled out on behalf of the Department by Communications, Marine and Natural Resources Sustainable Energy Ireland, SEI. The availability the number and capacity of wind or other alterna- of trained and certified installers is an important tive energy generating systems currently con- element of the quality assurance mechanism and tributing to the national grid or waiting to do so; the grant scheme in general. SEI is facilitating if difficulties have been experienced in the matter consumers by maintaining a list of installers who of access to the grid; if he intends to legislate to qualify for use under the scheme. ensure ready and smooth access; and if he will Actions to increase this number in the near make a statement on the matter. [13821/06] term include running an advertisement in the national daily newspapers on 3 April 2006 and in Minister of State at the Department of industry-specific publications thereafter. SEI and Communications, Marine and Natural Resources Action Renewables, Northern Ireland, are cur- (Mr. Browne): The Minister is generally satisfied rently involved in a North-South INTERREG that arrangements for access to the grid reflect funded initiative, which is providing for the the need to enhance the contribution of wind and development and delivery of renewable energy other renewable energies to electricity generation installer training courses in the INTERREG in a way which manages in particular the actual region. The first training courses under the prog- or potential impacts of wind powered plant on ramme are already under way and this will the grid. provide a platform in the longer term to support ESB Networks publishes a list of renewable the development of a national training and certifi- and alternative projects connected to the net- cation infrastructure. works and other projects which have signed con- The level of grant aid for the programme nection agreements but have not yet connected to reflects a strong Government commitment to the electricity networks. Details of projects which encourage people to install renewable heat tech- have requested connections but have not yet con- nology in their homes. The mechanism for sup- tracted are regarded as commercially sensitive porting solar systems in particular recognises that and are not published — the total capacity of the level of water or space heating that can be these unpublished projects is approximately 3,000 achieved in any home is directly related to the megawatts, MWs. I have set out the available size or number of panels installed. information in the following tables.

Question No. 38 answered with Question Table 1: Connected Windfarms No. 11.

TSO Connected: Departmental Correspondence. Agannygal Derrybrien (1) 60.0MWs 39. Mr. Cuffe asked the Minister for Communi- Booltiagh Booltiagh (1) 19.5MWs cations, Marine and Natural Resources the corre- spondence he has received from the European Crane Ballywater (1) 31.5 MWs Commission on the failure of Ireland to fully Cunghill Kingsmountain (1) 23.8 MWs unbundle electricity generation, supply and trans- Drumkeen Meentycat (1) 71.0 MWs mission system here; the action the Commission Golagh Golagh (1) 15.0 MWs 2059 Questions— 6 April 2006. Written Answers 2060

[Mr. Browne.] Table 2 — Connected — other technologies

DSO Connected: TSO Connected Ardnacrusha Curraghgraigue (1) 2.6 MWs Ardnacrusha Ardnacrusha Hydro (1) Hydro 22.0 MWs Ardnacrusha Mienvee (1) 0.7 MWs Ardnacrusha Ardnacrusha Hydro (2) Hydro 22.0 MWs Arigna Black Banks (1) 3.4 MWs Ardnacrusha Ardnacrusha Hydro (3) Hydro 21.0 MWs Arigna Corrie Mountain (1) 4.8 MWs Ardnacrusha Ardnacrusha Hydro (4) Hydro 21.0 MWs Arigna Kilronan (1) 5.0 MWs Carrigadrohid Lee Carrigadrohid Hydro (1) Hydro 8.0 MWs Arigna Spion Kop (1) 1.2 MWs Cath—Fall Erne Cathleens Fall Hydro (1) Hydro 22.5 MWs Arklow Arklow Banks (1) 25.2 MWs Cath—Fall Erne Cathleens Fall Hydro (2) Hydro 22.5 MWs Bellacorick Bellacorick (1) 6.5 MWs Cliff Erne Cliff Hydro (1) Hydro 10.0 MWs Binbane Burtonport Harbour (1) 0.7 MWs Cliff Erne Cliff Hydro (2) Hydro 10.0 MWs Carlow Cronelea Upper (1) 2.6 MWs Inniscarra Lee Inniscarra Hydro (1) Hydro 15.0 MWs Castlebar Burren (1) 0.0 MWs Inniscarra Lee Inniscarra Hydro (2) Hydro 4.0 MWs Castlebar Cuillalea West (1) 3.4 MWs Pollaphuca Pollaphuca Hydro (1) Hydro 15.0 MWs Castlebar Raheen Barr (1) 18.7 MWs Pollaphuca Pollaphuca Hydro (2) Hydro 15.0 MWs Cath—Fall Anarget (1) 2.0 MWs Pollaphuca Pollaphuca Hydro (3) Hydro 4.0 MWs Cath—Fall Anarget (2) 1.1 MWs DSO Connected Cath—Fall Meenadreen (1) 3.4 MWs Ardnacrusha ESB Parteen Hydro (1) Hydro 0.4 MWs Corderry Altagowlan (1) 7.6 MWs Athlone Robert Perry & Co Hydro (1) Hydro 0.4 MWs Corderry Black Banks (2) 6.8 MWs Ballylickey Borlin Valley Hydro (1) Hydro 0.4 MWs Corderry Geevagh (1) 5.0 MWs Ballylickey ESB Valoren Project Hydro (1) Hydro 0.8 MWs Corderry Moneenatieve (1) 4.0 MWs Ballylickey Owenbeg Natural Power Hydro (1) Hydro 0.8 MWs Crane Kilbranish (Greenoge) (1) 5.0 MWs Ballylickey Slaheny River Hydro (1) Hydro 0.5 MWs Dunmanway Coomatallin (1) 6.0 MWs Bandon Bandon Charlt. Res. Hydro (1) Hydro 0.1 MWs Dunmanway Curabwee (1) 4.6 MWs Binbane Clady Hydro (1) Hydro 4.3 MWs Dunmanway Milane Hill (1) 5.9 MWs Binbane Doorian Hydro (1) Hydro 0.3 MWs Galway Inis Mean (1) 0.7 MWs Cahir Nicholas de Grubb Hydro (1) Hydro 0.1 MWs Galway Inverin (Knock South) (1) 3.3 MWs Carlow Avonmore Foods Hydro (1) Hydro 0.1 MWs Glenlara Taurbeg (1) 20.0 MWs Carlow Strongstream Electric Hydro (1) Hydro 0.3 MWs Ikerrin Ballinlough (1) 2.6 MWs Carrick on Shannon Glebe Hydro (1) Hydro 0.1 MWs Ikerrin Ballinveny (1) 2.6 MWs Carrick on Shannon Stewart Hydro (1) Hydro 0.1 MWs Knockeragh Gneeves (1) 9.4 MWs Carrickmines Ballyogan LFG (1) LFG 1.9 MWs Letterkenny Cark (1) 15.0 MWs Castleview Lee Road Hydro (1) Hydro 0.3 MWs Letterkenny Cronalaght (1) 5.0 MWs Cath—Fall Barnesbridge Hydro (1) Hydro 0.5 MWs Letterkenny Culliagh (1) 11.9 MWs Cath—Fall Edergole Energy Ltd Hydro (1) Hydro 0.7 MWs Letterkenny Meenanilta (1) 2.6 MWs Cath—Fall Lowerymore Hydro (1) Hydro 0.6 MWs Letterkenny Meenanilta (2) 2.5 MWs Cloon Nadirkmore Hydro (1) Hydro 0.4 MWs TSO and DSO Connected Wind Farms: Cloon Springvale Hydro (1) Hydro 0.1 MWs Meath Hill Gartnaneane I &II 15.0 MWs Drybridge Slane Trading Company Hydro (1) Hydro 0.1 MWs Shankill Corneen (1) 3.0 MWs Dundalk O’Rourke Bros Ltd Hydro (1) Hydro 0.1 MWs Somerset Sonnagh Old (1) 7.7 MWs Dundalk RC Windham Hydro (1) Hydro 0.1 MWs Tonroe Largan Hill (1) 5.9 MWs Galway Kylemore Abbey Hydro (1) Hydro 0.0 MWs Tralee Beenageeha (1) 4.0 MWs Griffinrath Celbridge Mills Hydro (1) Hydro 0.1 MWs Tralee Mount Eagle (1) 5.1 MWs Griffinrath Leixlip Hydro (1) Hydro 4.0 MWs Tralee Tursillagh (1) 15.2 MWs Inchicore Munslow Ltd Hydro (1) Hydro 0.1 MWs Tralee Tursillagh (2) 6.8 MWs Inchicore Shackelton & Sons Hydro (1)Hydro 0.1 MWs Trien Beale (1) 1.7 MWS Kilkenny Bleach Green Elec Hydro (1) Hydro 0.1 MWs Trien Beale (2) 2.6 MWs Kilkenny Ormond Mills Hydro (1) Hydro 0.1 MWs Trillick Crockahenny (1) 5.0 MWs Knockeragh Glenlough Generation Hydro (1) Hydro 0.4 MWs Trillick Drumlough Hill (1) 4.8 MWs Knockeragh Sandview Ltd Hydro (1) Hydro 0.6 MWs Tullabrack Moanmore (1) 12.6 MWs Lanesboro Termonbarry Hydro (1) Hydro 0.4 MWs Wexford Carnsore (1) 11.9 MWs Navan Boyne Hydro (1) Hydro 0.2 MWs Newbridge Drummond Hills Hydro (1) Hydro 0.0 MWs TOTAL CONNECTED: 522.9 Oughteragh Trewell Hydro (1) Hydro 1.0 MWs Rathkeale S’thern C’Is (A’board) (1) Hydro 0.2 MWs 2061 Questions— 6 April 2006. Written Answers 2062

Shankill Caffreys Ltd Hydro (1) Hydro 0.1 MWs Binbane Killybegs (1) 2.6 MWs Sligo Collooney Manufacturing Hydro (1) 0.5 MWs Binbane Meenachullalan (1) 11.9MWs Aughinish Alumina CHP (1) CHP 110.0 MWs Butlerstown Beallough (1) 1.7 MWS Bandon Graingers Sawmills CHP (1) CHP 2.7 MWs Carlow Cronelea (1) 5.0 MWs Charleville Dairygold CHP (1) CHP 8.6 MWs Corderry Caranne Hill (1) 3.4 MWs Charleville Golden Vale CHP (1) CHP 2.0 MWs Dallow Carrig (1) 2.6 MWs Dallow Midland Maltings CHP (1) CHP 0.7 MWs Dallow Skehanagh (1) 4.3 MWs Dungarvan Waterford Foods (1) Other 3.0 MWs Drybridge Dunmore (1) 1.7 MWs Dunmanway Carbery Milk Products CHP (1) CHP 5.0 MWs Dundalk Mullananalt (1) 7.5 MWs Finglas Mater Hospital CHP (1) CHP 1.5 MWs Dunmanway Lahanaght Hill (1) 4.3 MWs Inchicore Guinness CHP (1) CHP 7.0 MWs Glenlara Dromdeveen (1) 10.5 MWs Kilbarry Cork University Hospital CHP (1) CHP 0.6 MWs Glenlara Taurbeg (2) 6.0 MWs Mallow Dairygold CHP (2) CHP 4.0 MWs Letterkenny Lurganboy (1) 5.1 MWs Mitchelstown Dairygold CHP (3) CHP 8.6 MWs Macroom Carriganimma (1) 15.0 MWs Portlaoise Glanbia Ballyraggett CHP (1) CHP 7.8 MWs Mallow Carrigcannon (1) 20.0 MWs Ringsend Dublin Civic Offices CHP (1) CHP 0.9 MWs Moy Lackan (1) 6.0 MWs Cookstown Friarstown LFG (1) LFG 0.1 MWs Rathkeale Glenshesk (1) 5.0 MWs Finglas Dunsink LFG (1) LFG 5.0 MWs Rathkeale Killacullen (1) 2.5 MWs Glasmore Ballyeally LFG (1) LFG 4.9 MWs Rathkeale Rathcahill (1) 5.0 MWs Kilteel Arthurstown LFG (1) LFG 4.3 MWS Shankill Mountain Lodge (2) 3.0 MWs Kilteel Arthurstown LFG (2) LFG 1.1 MWs Sorne Hill Glackmore Hill (1) 0.6 MWS Kilteel Sillot Hill (1) LFG 1.3 MWs Sorne Hill Sorne Hill (1) 31.5 MWs Newbridge Brownstown LFG (1) LFG 2.6 MWs Tralee Lee Strand Co-Operative (1) 15.0 MWs Newbridge Brownstown LFG (2) LFG 1.3 MWs Tralee Mount Eagle (2) 1.7 MWs Cow Cross UCC Photovoltaic (1) Other 0.1 MWs Tralee Muingnaminnane (1) 15.3 MWs Trien Tournafulla (1) 7.6 MWs TSO and DSO Non-Wind Generators — Connected Trillick Beam Hill (1) 14.0 MWs Sligo Rockygrange Hotel Hydro (1) Hydro 2.2 MWs Wexford Richfield (1) 20.3 MWs Thornsberry Coola Mills Hydro (1) Hydro 0.1 MWs Wexford Richfield (2) 6.8 MWs Thornsberry Synthetic Packaging Hydro (1) Hydro 0.1 MWs TOTAL CONTRACTED: 654.7 Thurles Michael Dwan Hydro (1) Hydro 0.2 MWs Trien Millstream Hydro (1) Hydro 0.2 MWs Waterford Benedict Behal Hydro (1) Hydro 0.1 MWs Table 4 — Contracted other technologies Trabeg Tramore Valley LFG (1) LFG 2.0 MWs Wexford Ballyshannon Farms (1) Other 0.2 MWs DSO Contracted TOTAL CONNECTED: 420.8 Kilkenny Ballytobin Biogas (1) Biomass 0.2 MWs Kilteel Arthurstown LFG (3) LFG 4.1 MWs Rathkeale Gortadroma LFG (1) LFG 3.2 MWs Table 3 Contracted Wind Farms. Total Installed DSO 7.5

TSO Contracted TOTAL CONTRACTED: 7.5 Arklow Arklow Banks (2) 60.0 MWs Athea Athea (1) 51.0 MWs Coomacheo Coomacheo (1) 41.2 MWs 41. Mr. P. Breen asked the Minister for Coomagearlaghy Coomagearlahy (1) 42.5 MWs Communications, Marine and Natural Resources the full extent of financial assistance available for Glanlee Glanlee (1) 29.8 MWs installation or conversion purposes in respect of Moneypoint Moneypoint (1) 21.9 MWs houses or buildings with low insulation or energy Pallas Pallas (1) 37.8 MWs efficiency; and if he will make a statement on the Ratrussan Mountain Lodge (1) 24.8 MWS matter. [13839/06] Ratrussan Ratrussan (1) 70.0 MWs Minister of State at the Department of DSO Contracted Communications, Marine and Natural Resources Ardnacrusha Knockastanna (1) 7.5 MWs (Mr. Browne): In the December 2005 budget, \ Ballylickey Glanta Commons (1) 19.6 MWs funding of up to 65 million over five years for Ballylickey Kealkil (Curraglass) (1) 8.5 MWs renewable energy schemes was announced. The first stage of this funding is the greener homes Bandon Kilvinane (1) 4.5 MWs scheme which was launched on 26 March 2006 2063 Questions— 6 April 2006. Written Answers 2064

[Mr. Browne.] the reason, with regard to recent revelations that and provides up to \27 million in grant aid for the European Commission was not informed domestic renewable heat technologies including about the fishing vessel lost at sea scheme, this the installation of wood pellet stoves and boilers, Deputy was told in response to Question No. 6 of solar panels and geothermal heat pumps. Grant 15 June 2005 that it was impossible to re-open the aid of \1,100 to \6,500 will be provided scheme due to EU regulations; if the Government depending on the individual technology used. ever approached the EU to ascertain if it was pos- Sustainable Energy Ireland, SEI, implements the sible to re-open the said scheme; and if he will scheme and application forms are available via its make a statement on the matter. [13645/06] website — www.sei.ie — and its dedicated lo-call telephone number. Minister of State at the Department of This builds on SEI’s earlier schemes such as the Communications, Marine and Natural Resources house of tomorrow, HOT, programme which is (Mr. Browne): As the Deputy will be aware the still operating in parallel. This scheme has fishing vessel lost at sea scheme was introduced in directed financial support to encourage devel- June 2001, following consultation with the fishing opers of housing, both new-build and refur- industry representative organisations. The pur- bishment, to incorporate design and technology pose of the scheme was to enable qualifying features which deliver significantly superior applicants, who were otherwise unable to do so energy and CO2 performance. By targeting for financial or related reasons, to provide developers of schemes of houses, from the private replacement capacity for the purposes of introd- or social housing sectors, the aim is to establish a ucing a replacement vessel in respect of fishing nationwide network of accessible examples of boats lost at sea between 1980 and the establish- more sustainable energy design and technology ment of the fishing boat register in 1990, in order practices. to continue a family tradition of sea-fishing. The To date the programme has committed over \9 scheme did not provide financial support for the million funding to 48 projects comprising a total acquisition of a fishing vessel itself and took into of 2,269 housing units. All feature an integrated account the requirement that Ireland was approach to design, orientation, building fabric required to keep within EU limits on the size of and the supply and use of energy that achieves national fishing fleets. performance of at least 20% better than current The European Commission was not informed building regulations and, in the majority of pro- about the introduction of the scheme in 2001 jects, 40% better. The sustainable energy features because it was not considered necessary to do so across the range of projects funded include: solar as the scheme was in compliance with relevant hot water systems, ground source heat pumps, European Community requirements then in condensing boilers, group heating schemes and force. mechanical ventilation with heat recovery along The position changed with the introduction of with higher levels of insulation. the new Common Fisheries Policy framework, enshrined in Council Regulation 2371 of 2002, Postal Services. which provides that the entry of new capacity into 42. Mr. Stanton asked the Minister for the fleet without public aid is compensated by the Communications, Marine and Natural Resources previous withdrawal without public aid of at least the most recent meetings he has held with An the same amount of capacity. This provision is Post management; the matters that were dis- regarded as a cornerstone of the new Common cussed; and if he will make a statement on the Fisheries Policy in so far as it ensures that the matter. [13763/06] capacity of member states fishing fleets do not increase beyond the level in place on 1 January Minister of State at the Department of 2003. Communications, Marine and Natural Resources Clearly, the allocation of further capacity under (Mr. Browne): In the last six months my col- the scheme would be in breach of Council Regu- league, the Minister for Communications, Marine lation 2371 of 2002. In these circumstances, I do and Natural Resources, Deputy Noel Dempsey, not consider it appropriate to approach the EU has met twice with An Post management to dis- Commission to ascertain if it is possible to re- cuss various issues that relate to the safeguarding open the scheme. of shareholder interests in the company. Additionally, officials in the Department con- Alternative Energy Projects. tinue to meet with An Post management on a reg- ular basis to discuss ongoing issues in the 44. Mr. O’Dowd asked the Minister for company. Communications, Marine and Natural Resources if current liberalisation or deregulation pro- cedures are sufficient to encourage competition Fishing Fleet Modernisation. and enable easy access to the electricity market 43. Mr. Bruton asked the Minister for for alternative energy suppliers; and if he will Communications, Marine and Natural Resources make a statement on the matter. [13814/06] 2065 Questions— 6 April 2006. Written Answers 2066

Minister of State at the Department of Irish communications market for Q4 2005 indi- Communications, Marine and Natural Resources cate that the average revenue per user, ARPU, (Mr. Browne): The markets in electricity gener- for Ireland is \47.60 per month, second only to ation and supply are now liberalised and in that Switzerland at \47.98 per month. The EU ARPU context the Government is committed to increase is \30.26 per month. the contribution from renewable energy technologies to electricity generation and con- Broadcasting Services. sumption. The current minimum target is to increase the 46. Mr. Hayes asked the Minister for contribution from renewable energy sources to Communications, Marine and Natural Resources 13.2% of total electricity production by 2010. The if he has had discussions with broadcasters or Minister has confirmed that to support delivery potential broadcasters in the context of the future of that target he intends to launch the renewable development of broadcasting services; and if he energy feed in tariff, REFIT, programme as soon will make a statement on the matter. [13826/06] as possible. Minister of State at the Department of Mobile Telephony. Communications, Marine and Natural Resources (Mr. Browne): I refer the Deputy to the Mini- 45. Mr. J. O’Keeffe asked the Minister for ster’s reply to Question No. 142 of 21 February Communications, Marine and Natural Resources 2006. when he expects mobile telephone charges here to be reduced in line with the costs elsewhere in Question No. 47 answered with Question Europe; and if he will make a statement on the No. 23. matter. [13820/06]

81. Mr. Timmins asked the Minister for Foreshore Licences. Communications, Marine and Natural Resources 48. Mr. Rabbitte asked the Minister for the way in which the quality, cost and service of Communications, Marine and Natural Resources the mobile telephone system here compares with if the responsibility for collecting foreshore those in other European countries; if he has in licence payments is to move from his Depart- mind proposals to improve the situation from the ment’s responsibility to that of local authorities; consumer point of view; and if he will make a the amount the State is losing each year through statement on the matter. [13835/06] his Department’s failure to collect these pay- ments; the timetable for the proposed change- 87. Mr. Ring asked the Minister for Communi- over; and if he will make a statement on the cations, Marine and Natural Resources the action matter. [13617/06] he will take directly or through the regulator with a view to improving the quality of the mobile Minister of State at the Department of telephone service here with particular reference Communications, Marine and Natural Resources to signal quality and elimination of dropped calls; (Mr. Browne): Payments that fall to be made in and if he will make a statement on the matter. respect of leases and licences granted under the [13817/06] Foreshore Acts are collected by the Department, as part of its overall responsibility for the admini- Minister of State at the Department of stration of the foreshore in accordance with Communications, Marine and Natural Resources those Acts. (Mr. Browne): I propose to take Questions Nos. Considerable progress has been made in the 45, 81 and 87 together. recent past in recovering rental arrears. The The Minister has no function in regulating pric- amount of arrears in respect of leases and licences ing for services or quality of service in the tele- was reduced from \744,000 in January 2005 to communications market. The provision of tele- \ communications services is a matter in the first 442,000 in January 2006. Work to recover the instance for the private sector companies moneys still owed is ongoing and a number of operating in a fully liberalised market. cases representing a large element of the out- The regulation of telecommunications oper- standing sum have been referred to the legal ators, including regulating of pricing and quality services. for mobile phone services is the responsibility of In addition, the Department has modified its the Commission for Communications Regulation, collection procedures with a view to ensuring that ComReg, in accordance with the requirements of lessees and licensees make payments on a timely the Communications Regulation Act 2002 and basis in future, and that appropriate steps are regulations which transpose the EU Regulatory taken to recover debts where payment is not Framework for Electronic Communications. forthcoming. I have no information to say that Irish mobile There are no proposals for the assignment to charges are generally the highest in Europe. local authorities of responsibility for collection of However, ComReg’s quarterly key data for the foreshore payments. 2067 Questions— 6 April 2006. Written Answers 2068

Salmon Management Report. Broadcasting Legislation. 49. Mr. Gormley asked the Minister for 50. Mr. Deenihan asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources if, in view of the advice that has been presented if he intends to amend the Broadcasting (Major by the National Salmon Commission’s standing Events Television Coverage) Act 1999 and the scientific committee, he will give a commitment (Designation of Major Events) Order 2003 to that all drift-netting of wild salmon in the open include in the schedule of events free to air the seas will discontinue at the end of this season; and Ryder Cup; and if he will make a statement on if he will make a statement on the matter. the matter. [13650/06] [13748/06] 63. Mr. Wall asked the Minister for Communi- cations, Marine and Natural Resources the posi- Minister of State at the Department of tion regarding the free-to-air broadcasting of the Communications, Marine and Natural Resources 2006 Ryder Cup; if he has reviewed all the sub- (Mr. Browne): I announced on 24 March that I missions received on this issue; his views on the had decided to adopt the recommendations made need for as many people as possible to have tele- to me by the National Salmon Commission, NSC, vision access to this major sporting event; and if on the total allowable salmon catch for 2006. This he will make a statement on the matter. will involve reductions in the quota available to [8193/06] both commercial fishermen and anglers in 2006. In doing so I have also reaffirmed the Govern- 95. Mr. Hayes asked the Minister for ment’s commitment to fully align with the scien- Communications, Marine and Natural Resources tific advice provided on the management of the if he expects free to air broadcasting or trans- wild salmon fishery by 2007. mission of the Ryder Cup; and if he will make a Accepting the recommendations of the statement on the matter. [13827/06] National Salmon Commission and the National Fisheries Management Executive, the total allow- Minister of State at the Department of able catch in 2006 will be 91,367 for the commer- Communications, Marine and Natural Resources cial sector and 15,000 for angling, fully complying (Mr. Browne): I propose to take Questions Nos. with the national conservation limits established 50, 63 and 95 together. by the standing scientific committee. These I refer the Deputy to my reply to Question No. 19 of 6 April 2006. reductions in overall fishing effort are required in order to sustain and rebuild wild salmon stocks Question No. 51 answered with Question nationwide. No. 9. The standing scientific committee has indicated that mixed stock fisheries pose particular threats Energy Resources. to the status of individual stocks and that fisheries operated in estuaries and rivers are more likely 52. Mr. Quinn asked the Minister for to fulfil national requirements and international Communications, Marine and Natural Resources obligations. In this context the National Fisheries if he is monitoring the British wholesale gas market, in view of its importance for Irish Management Executive has identified a range of imports; the impact of the sky-rocketing British pilot projects to facilitate the commercial fishery prices and the first ever declaration of a gas bal- to move from areas of indiscriminate mixed stock ancing alert there on the Irish gas market; and if fishery exploitation. The feasibility of these pro- he will make a statement on the matter. jects will be evaluated by the Department in con- [13616/06] junction with the fisheries boards and the Marine Institute with a view to their implementation in Minister of State at the Department of 2007 and beyond. Communications, Marine and Natural Resources I recognise the considerable efforts made by (Mr. Browne): The Department, the Commission the commercial fishing industry over the past for Energy Regulation and relevant national number of years to build a sustainable fishery and players monitor developments and potential they have endured large cuts in the quotas avail- developments in international energy markets able to them. I realise that these reductions have that may impact on the Irish market. This caused them difficulty and that full alignment includes developments in the British wholesale with the scientific advice will likely compound market. these problems. For these reasons, I have decided Bord Ga´is E´ ireann, BGE, has advised that the to appoint an independent group to examine the gas balancing alert in question resulted from an implications of the new regulations for the com- atypical coincidence of events: supplies of gas mercial sector in 2007 and beyond and to make from Troll Gas, the biggest supplier of Norwegian recommendations on the options available to gas, were down on normal production; pro- duction from the North Sea gas fields was down; address any financial hardship that may arise. and supplies from the Rough gas field — a key 2069 Questions— 6 April 2006. Written Answers 2070 storage facility in the UK — were down. The As a commercial company, the challenge ahead situation was exacerbated by industrial relations for An Post is to develop a strategy that satisfies problems in France involving workers at the liqu- the needs of existing customers into the post efied natural gas storage facilities. Finally, the office. An Post has already had some success in unseasonably very cold weather in the UK was a winning new business and continues to benefit factor in that last month was the coldest March from a considerable amount of Government busi- since 1947. As a result volatility was experienced ness, especially in the areas of social welfare pay- in buying and selling of gas on the market, lead- ments and savings products. In addition, a pilot ing to a spike in prices. However, prices began to project was recently completed which involved fall back towards normal levels very shortly after the automation of ten small post offices. the alert. I understand also that the Minister has asked The Minister is advised that there were no the company to ensure that any strategy for the immediate price or supply implications for development of the company should ensure the Ireland following the gas balancing alert. If such long-term viability of the post office network. In a scenario were to continue however, measures this light, An Post is currently working on a new are in place in both jurisdictions whereby gas initiative which would see the development of An would be shared out to all sectors depending on Post financial services, APFS. Its aim is to supply a ranking system. On price, BGE’s gas purchases a wide range of retail financial services through have different profiles — a proportion of gas is the branch network. If successful, it could lead to bought months in advance, while other supplies a significant increase in post office business. are bought only weeks and days in advance. While there will always be a small impact, daily Electricity Generation. spikes in price do not have a material effect. Most 54. Mr. G. Mitchell asked the Minister for large gas purchasers, such as ESB, have similar Communications, Marine and Natural Resources purchasing profiles. the discussions he has had with the ESB, or the wind or alternative energy sectors on the liberal- Postal Services. isation of the electricity market; if he has given 53. Mr. P. Breen asked the Minister for an indication to or received proposals from the Communications, Marine and Natural Resources potential services providers in this regard; and if if he is satisfied that all outstanding issues he will make a statement on the matter. between management and An Post have been [13801/06] satisfactorily resolved with a view to enabling a smooth expansion and development of services Minister of State at the Department of including compatible or likely future services; and Communications, Marine and Natural Resources if he will make a statement on the matter. (Mr. Browne): I can inform the Deputy that the [13838/06] Minister engages the Department in regular dis- cussion with all market players on energy issues, including electricity market liberalisation. 73. Mr. Stanton asked the Minister for The Commission for Energy Regulation, CER, Communications, Marine and Natural Resources established by the Electricity Regulation Act the plans the Government has for the future of 1999, is the statutory body with responsibility for An Post; and if he will make a statement on the regulation of the electricity market in Ireland. matter. [13764/06] Under the Act, the CER may grant or refuse to grant a licence to generate or supply electricity. Minister of State at the Department of The CER must require the system operator to Communications, Marine and Natural Resources give priority to generating stations using renew- (Mr. Browne): I propose to take Questions Nos. able, sustainable or alternative energy sources. 53 and 73 together. The conditions for competition are being The future development and continued created through progressive liberalisation of the viability of An Post and its services is, in the first electricity and gas markets. In the opening of the instance, a matter for the board and management electricity market, the position is that liberalis- of An Post. ation of the electricity market has proceeded on The welcome resolution to the company’s a phased basis since February 2000 under the recent industrial relations difficulties has, the regulatory oversight of the CER. Minister understands, facilitated all parties to sign The market has been open and contestable off on the change programme, implementation of since February 2005, in advance of EU directive which is essential for the future viability of the requirements. The CER advises that it has company. ensured that the support systems and processes The Minister believes that there will continue are in place to enable new entrant electricity sup- to be a key national role for An Post, both in pliers to serve any customer in Ireland. To date delivery of mails and as a quality service provider suppliers have primarily focused on larger of Government and financial services through its customers because this was the first segment of nationwide network of post office outlets. the market to open to competition — a pattern 2071 Questions— 6 April 2006. Written Answers 2072

[Mr. Browne.] rates in the urban areas of these towns, where this that is common in other newly liberalising was previously not the case, there is still limited markets. Over time the CER expects to see those national competition on backhaul, that is, the benefits extended successfully to the domestic onward transportation of this traffic to other des- customer. tinations and on to the international Internet In an all-island context, work is progressing on exchanges in Dublin, to enable businesses in the development of a single electricity market, regional locations attain an affordable quality of SEM. In June last year the CER and the service. The Minister is determined to address Northern Ireland Authority for Energy Regu- this imbalance in regional cost and infrastructure lation published their high level decision relating deficiencies by exploring our options, including to the proposed design for the SEM. The market those in respect of State-owned companies-agen- is planned to go live on 1 July 2007. cies that currently own telecommunications infra- The potential benefits of a mature SEM structure. Our aim is to improve cost and pro- include: a larger, single market with competitive mote choice and competition among the various prices; open and transparent competition at all regional backhaul providers. levels of the marketplace; a stable and attractive A team of advisers was engaged in April 2005 investment location; improved competitiveness; to examine the various issues and they submitted greater security of supply; robust, integrated a feasibility report last December setting out the infrastructure; a more diverse energy mix; greater available options. The team reported that, while energy efficiency and consumer choice; and technically feasible, there would be considerable longer-term savings. financial, legal and management challenges in Within the context of the all-island energy harnessing and enhancing the existing state market development framework views were owned infrastructures. The Minister is actively sought on how the electricity infrastructure on considering the report’s conclusions in the con- the island might best develop to allow the text of developing strategies to improve backhaul maximum penetration of renewable energy. connectivity to the regions. The consultation paper identified that further It is clear to the Minister from discussions with information was required on the resource poten- people involved in the MANs and group broad- tial for different renewable electricity band scheme, GBS, initiatives that backhaul pric- technologies on the island of Ireland in 2020, the ing and availability is a critical issue for regional extent to which partially dispatchable and non- Ireland. Backhaul charges are making affordable dispatchable generation can be accommodated, high-capacity broadband in the regions difficult network development options and the economic to achieve. This undermines the prospects for implications of the policy options outlined within employment growth in regional and rural Ireland. the paper. If the market does not provide affordable A working group was established to specify and national backhaul, this is a strategic weakness for oversee the completion of studies that would Ireland, which we ignore at our peril. The provide more detailed information on the above Government will have no alternative but to issues. The working group recommended an all- examine all available options to resolve this island grid study and work is progressing on this difficulty. project a priority. The Government is addressing the infrastruc- ture deficit by building high-speed open access Telecommunications Services. MANs in 120 towns and cities nationwide, on a 55. Mr. Costello asked the Minister for phased basis in association with the local and Communications, Marine and Natural Resources regional authorities. Phase one of this programme the plans to form a new semi-State telecom- has delivered fibre optic networks to 27 towns munications company reportedly entitled Project and cities throughout the country, which were Dingle; the way in which he envisages a new built on time and under budget. public entity operating with the privately man- This programme has been extended to a aged metropolitan area networks; the proposed further 90 towns in various locations nationwide. timetable for such a development; and if he will Design and procurement has already commenced make a statement on the matter. [13609/06] in several regions and construction is due to start in the coming months. It is expected that these Minister of State at the Department of MANs will be completed during 2006 and 2007. Communications, Marine and Natural Resources These MANs will allow the private sector to offer (Mr. Browne): The Department is examining the world-class broadband services at competitive regional interconnectivity issue at present. It is costs. recognised there are obstacles in ensuring that In June 2004 the contract for management of customers in regional towns can gain access to the Government and local authority regional quality broadband services at competitive prices. metropolitan broadband networks was awarded Although the newly constructed metropolitan to E-Net, a company based in Limerick. The term area networks, MANs, ensure that there is signifi- of the contract is 15 years. E-Net operates as a cant capacity available at extremely competitive wholesaler of access to the MANs and offers a 2073 Questions— 6 April 2006. Written Answers 2074 full suite of products including ducting, sub-duct- the nature of discussions he has had or instruc- ing, dark fibre, high level managed capacity, co- tions he may have given arising from represen- location facilities and relevant auxiliary services. tations from groups requesting the provision of Under phase one, 27 networks have been com- subtitling in respect of television services; the way pleted and handed over to E-Net. Activity has in which he intends to respond to such proposals; now begun on the networks with several cus- and if he will make a statement on the matter. tomer contracts being signed by E-Net, including [13840/06] arrangements for backhaul. Minister of State at the Department of Alternative Energy Projects. Communications, Marine and Natural Resources (Mr. Browne): I refer the Deputy to the Mini- 56. Mr. McGinley asked the Minister for ster’s reply to Question No. 93 on 21 February Communications, Marine and Natural Resources 2006. if he has in mind proposals to develop the alter- native energy sector with a view to a reduction Question No. 58 answered with Question in fossil fuel importation and a higher degree of No. 9. compliance with the Kyoto principles; and if he will make a statement on the matter. [13797/06] Telecommunications Services. 107. Mr. McGinley asked the Minister for 59. Mr. Wall asked the Minister for Communi- Communications, Marine and Natural Resources cations, Marine and Natural Resources the posi- his preferred options in respect of the various tion regarding the Electronic Communications methods of electricity generation in the future; (Miscellaneous Provisions) Bill 2005; the the desirable proportions of hydro, wind, bio or measures he is proposing to bring forward to other methods; and if he will make a statement reform the regulation of the telecommunications on the matter. [13796/06] sector; the proposed timeframe for such reform; and if he will make a statement on the matter. Minister of State at the Department of [13628/06] Communications, Marine and Natural Resources (Mr. Browne): I propose to take Questions Nos. Minister of State at the Department of 56 and 107 together. Communications, Marine and Natural Resources The problem of dealing with high fossil fuel (Mr. Browne): The drafting of the Electronic dependence as carbon constraints become more Communications (Miscellaneous Provisions) Bill pressing is not unique to Ireland. At EU and was approved by Government this week and this international level, energy policy is increasingly legislation is a priority for the Minister on the focusing on the development of alternative communications side. renewable energy sources, increasing energy The Bill includes proposals on: enforcement of efficiency and managing energy demand in regulatory obligations; powers for ComReg to response to the need to limit CO2 emissions. investigate over-charging; regulation of .ie These are also key imperatives for Irish energy domain name; and emergency call handling policy. service. The proposals have been the subject of a We are on target to meet our objective of public consultation and the details are available increasing electricity generated from renewable on the Department’s website at www.dcmnr.ie. sources to a minimum of 13.2% of total consump- tion by 2010. Wind generation is likely to remain 60. Mr. Neville asked the Minister for the dominant technology in the short term for Communications, Marine and Natural Resources delivering this target, while research and develop- his plans to generate serious interest in the pro- ment into other renewable energy sources, vision of nationwide broadband; and if he will including wave technology, is being undertaken make a statement on the matter. [13810/06] as a priority. Targets beyond 2010 will be determined in the 98. Mr. Durkan asked the Minister for context of the development of an all-island elec- Communications, Marine and Natural Resources tricity market. The aim is to develop a long-term the reason for the slow rate of progress in the strategy to support increased renewable energy provision of broadband services and facilities penetration on the island as a whole. As part of here; the action he proposes to take or direction this work a major grid study is under way to he intends to issue to all involved with a view examine the implications of significantly to ensuring a competitive technological edge for increased renewables in the electricity mix on the Ireland; and if he will make a statement on the island by 2020. matter. [13784/06] Minister of State at the Department of Broadcasting Services. Communications, Marine and Natural Resources 57. Dr. Twomey asked the Minister for (Mr. Browne): I propose to take Questions Nos. Communications, Marine and Natural Resources 60 and 98 together. 2075 Questions— 6 April 2006. Written Answers 2076

[Mr. Browne.] Harbours and Piers. The provision of telecommunications services, 61. Mr. Gogarty asked the Minister for including broadband, is a matter in the first Communications, Marine and Natural Resources instance for the private sector companies if he is satisfied that all the conditions have been operating in a fully-liberalised market, regulated complied with to allow works to start on the con- by the independent Commission for Communi- struction of a breakwater at Buncrana Harbour cations Regulation, ComReg. as was approved at the end of January 2006; if he A principal reason for the slow roll-out of is further satisfied that all the necessary lease and broadband services generally has been the lack of foreshore licences are in place with regard to the investment by the private sector in the necessary development; the timetable for the works; and infrastructure to deliver broadband to all areas. the reason for them being commissioned. The Government is addressing the infrastructure [13747/06] deficit in the regions by building high-speed, open-access metropolitan area networks, MANs, Minister of State at the Department of in 120 towns and cities nationwide. Phase one of Communications, Marine and Natural Resources this programme has delivered fibre-optic net- (Mr. Browne): Buncrana Harbour is owned by works to 27 towns and cities throughout the Donegal County Council and responsibility for its country. maintenance and development rests with the This programme has been extended to over 90 local authority in the first instance. Donegal towns in various locations nationwide. It is County Council submitted an application to the expected that these MANs will be completed dur- Department for funding to construct a break- ing 2006 and 2007. These networks will allow the water to prevent siltation at the ferry slipway and private sector to offer world-class broadband a proposed boat harbour south of the existing services at competitive costs. pier. The proposed development would include The Department also offers funding assistance an RNLI berth with 24 hour unrestricted tidal for smaller towns and rural communities through access in the boat harbour. The estimated total the county and group broadband scheme. The cost of the project is \1.65 million. In 2006 fund- scheme is technology-neutral, allowing the com- ing of \300,000 was approved to initiate the con- munity to select the most suitable broadband struction of the breakwater at Buncrana. Some delivery platform for the area. To date, over 150 75% of this funding will be made available via a projects have been approved for funding under grant from the Department while Donegal this programme. County Council will provide the remaining 25%. A joint industry-Government fund of \18 mil- The Department gave approval in March 2004, lion has been established for the broadband for subject to the resolution of an issue over rental schools programme, which will provide every charges, for a foreshore lease to allow construc- school in the country with broadband by the tion of a marina and associated works at beginning of 2006. This is a crucial strand in the Buncrana and a foreshore licence to allow dredg- strategy of integrating ICT into teaching and ing to take place. The finalisation of the lease and learning, and the Department’s wider vision of licence has been delayed, as the rental issue has promoting the use of broadband technologies in not yet been resolved. Donegal County Council local communities around the country. The con- has been contacted about this matter. struction-installation phase is now under way and the project is on target for completion within the Electricity Generation. set timeframe. 62. Mr. Eamon Ryan asked the Minister for In 2004 there were over 80 Internet service pro- Communications, Marine and Natural Resources viders; today there are over 156 companies, with if he has had communications with the Com- at least 45 different broadband offerings. Wireless mission for Energy Regulation on the need for broadband technology is improving rapidly, and additional generating capacity to be com- the lowering of equipment prices has made this missioned now for operation in 2008; if he has technology much more attractive of late. The use given direction to the regulator as to whether the of fixed wireless local access is increasing, ESB should be precluded from being allowed to especially in rural areas that cannot obtain ADSL commission such plants due to market dominance connectivity, and the development of Wi-Max concerns; and his views on whether com- offers considerable potential in the future. missioning another gas fired plant will only In late 2004 the Minister, Deputy Noel increase dependency here on an energy supply Dempsey, set targets for the industry — to with a volatile price and an insecure supply posi- increase subscriber numbers to 400,000 by the tion. [13740/06] end of this year and 500,000 by the end of 2007. When he set this target, there were only 100,000 Minister of State at the Department of subscribers. Current rates to December 2005 Communications, Marine and Natural Resources stand at 270,700 — 6.6% penetration rate — and (Mr. Browne): The Department is in contact with the Minister hopes that these targets will be the Commission for Energy Regulation, the achieved. national grid and other players on all the issues 2077 Questions— 6 April 2006. Written Answers 2078 inherent in the need for the commissioning of ship that may arise. In the context of ensuring a additional generation capacity for operation in sustainable future for inshore stocks, I have asked 2008 with a view to ensuring that decisions to be Bord Iascaigh Mhara, BIM, to work with local taken are fully informed by reference to security inshore groups with a view to putting in place of supply, competition and all relevant con- strengthened management and conservation siderations. measures for inshore stocks around the coast. BIM is working actively with local groups and will Question No. 63 answered with Question be bringing forward appropriate measures for No. 50. inshore stocks.

Fisheries Protection. Energy Resources. 64. Mr. Perry asked the Minister for Communi- 65. Mr. G. Murphy asked the Minister for cations, Marine and Natural Resources his plans Communications, Marine and Natural Resources to ensure a cessation or lessening in salmon his plans for the exploration, development and catches by commercial netsmen does not put utilisation of natural gas finds in the future; and huge pressure on other inshore stocks; and if he if he will make a statement on the matter. will make a statement on the matter. [13644/06] [13792/06]

Minister of State at the Department of 67. Mr. G. Murphy asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Mr. Browne): I recently announced proposals if the results of recent oil, gas or other mineral for revisions to the wild salmon and sea trout tag- exploration, on or offshore, have indicated a com- ging scheme for the 2006 season. In doing so, I mercial viability; his plans to develop the industry also reaffirmed the Government’s intention to in the future; and if he will make a statement on introduce measures to align fully the manage- the matter. [13793/06] ment of the fishery with the scientific advice for 2007. Following careful consideration, I have 212. Mr. Durkan asked the Minister for decided to adopt the recommendations made to Communications, Marine and Natural Resources me by the National Salmon Commission, NSC. his plans for the exploration, development and This will involve reductions in the quota available utilisation of natural gas finds in the future; and to both commercial fishermen and anglers in if he will make a statement on the matter. 2006. Reductions in the overall fishing effort are [13887/06] required to sustain and rebuild salmon stocks nationwide. The standing scientific committee of 213. Mr. Durkan asked the Minister for the NSC has indicated that mixed stock fisheries Communications, Marine and Natural Resources pose particular threats to the status of individual if the results of recent oil, gas or other mineral stocks and that fisheries operated in estuaries and exploration, on or offshore have indicated a com- rivers are more likely to fulfil national and inter- mercial viability; his plans to develop the industry national obligations. The National Fishery Man- in the future; and if he will make a statement on agers Executive has identified a range of pilot the matter. [13888/06] projects to facilitate the commercial fishery to move from areas of indiscriminate mixed stock Minister of State at the Department of fishery exploitation. The feasibility of these pro- Communications, Marine and Natural Resources jects will be evaluated by the Department in con- (Mr. Browne): I propose to take Questions Nos. junction with the fisheries boards and the 65, 67, 212 and 213 together. Marine Institute. The Government’s policy is to encourage Many of the existing salmon fishermen are further exploration for hydrocarbons while max- already engaged in diverse inshore fishing imising the value added to the Irish economy. activity. The salmon fishing effort takes place With regard to oil and gas, this has been done in mainly in July and August and this effort could be the past, and is and will continue to be done in redirected towards inshore stocks in the future. the future, by offering licensing opportunities in I recognise the considerable efforts made by the frontier areas through licensing rounds. A licens- commercial salmon fishing industry over the past ing round for the north east Rockall area was number of years to build a sustainable fishery and held last year and two licences were awarded. A that the industry has endured large cuts in the licensing round for the Slyne-Erris-Donegal area quotas available. These reductions have caused has just closed and it is hoped to issue licences difficulty and full alignment with the scientific for the area in early June. There is an open door advice is likely to compound these problems. For policy in respect of non-frontier areas whereby these reasons, I have decided to appoint an inde- companies may apply for authorisations in these pendent group to examine the implications of the areas at any time. new regulations for the commercial sector in 2007 Contracts have been signed for the delivery of and beyond and to make recommendations on gas from the Corrib field into the national grid. the options available to address financial hard- Gas from the Seven Heads field has not reached 2079 Questions— 6 April 2006. Written Answers 2080

[Mr. Browne.] Question No. 67 answered with Question planned levels of production. Utilisation of future No. 65. commercial discoveries as yet unfound will be determined by negotiation between the devel- Official Engagements. opers and gas suppliers and large users. The Corrib Gas field is the only discovery that can be 68. Ms Shortall asked the Minister for said at this stage to have a definite commercial Communications, Marine and Natural Resources viability. Seven Heads production has not if he will report on his recent meeting with EU reached planned levels of production. The Corrib Energy Commissioner Mr. Andris Piebalgs; if Gas field is the only discovery that can be said support for the financing of an east-west intercon- at this stage to have commercial viability. Seven nector and of LNG storage facilities was agreed; Heads production has not reached planned levels if he will further report on his meeting with Mr. and further drilling is proposed later this year. A Terry Tamminen, special adviser to Californian positive outcome of this drilling would be to Governor Schwarzenegger; the issues which were increase existing production levels. The results of discussed; if there are lessons from the California the Dooish discovery are still being assessed. energy experience for Ireland; and if he will make With regard to non-petroleum minerals, I refer a statement on the matter. [13606/06] the Deputy to a parliamentary question the Mini- ster answered on 21 February 2006. New explor- Minister of State at the Department of ation is continuously undertaken as part of my Communications, Marine and Natural Resources requirements on holders of prospecting licences, (Mr. Browne): The Minister met Energy Com- of which there are currently 262. Details of these missioner Piebalgs on the occasion of his recent licences can be found in the six-monthly report to visit here. The Commissioner outlined the main the Oireachtas, which the Minister is obliged to priority areas of the Commission’s Green Paper, lay before the Houses under the Minerals European Strategy for Sustainable, Competitive Development Acts 1940 to 1999. The last such and Secure Energy. He emphasised the need for report was in respect of the six-month period Europe to respond more cohesively to the many ended 31 December 2005, which was recently laid challenges facing it in the energy area. Com- before the Houses. missioner Piebalgs also gave an update on dis- No new economic deposits of non-petroleum minerals have been discovered in recent years. cussions with Russia, particularly in the context However, there have been some encouraging of the current Russian presidency of the G8. He results. Exploration adjacent to existing base welcomed the Minister’s intention to publish a metal mines at Navan, County Meath — Tara national energy review. He underlined the Com- Mines Limited — and Galmoy, County Kilkenny mission’s strong commitment to ensuring com- — Arcon Mines Limited — has discovered pletion of the internal energy market. additional resources which have the potential to The Minister underlined to the commissioner extend the life of those mines. The Minister has the importance of energy infrastructure projects recently granted new State mining licences to for a geographically peripheral country such as Arcon for extraction of part of these additional Ireland and the difficulties inherent in attracting resources. market interest in financing these projects. In that context, the Minister looked forward to further Electricity Generation. debate on how the Commission sees the major 66. Mr. Boyle asked the Minister for Communi- investment projects in interconnection, network cations, Marine and Natural Resources the corre- and storage facilities being delivered and funded, spondence he has received from the European including the handling of potential state aid Commission with regard to discrimination that issues, on a Europe-wide basis. During the Mini- may have taken place against renewable generat- ster’s recent visit to California, he met the special ing companies in the electricity market here; the adviser to the Californian governor. These dis- action the commission is proposing to take in this cussions ranged across security of energy supply, regard; and if he will make a statement on the the operation of California’s wholesale electricity matter. [13743/06] market, energy efficiency measures to curb demand, the potential for wave and tidal power Minister of State at the Department of and the future potential of the hydrogen Communications, Marine and Natural Resources economy. (Mr. Browne): On Tuesday afternoon last, 4 April, the EU Commission issued a press release Alternative Energy Projects. stating it is taking action against several member states, including Ireland, regarding the full trans- 69. Mr. Eamon Ryan asked the Minister for position of Directive 2001/77/EC of the European Communications, Marine and Natural Resources Parliament and of the Council. The Department when he expects to announce details of the grant has not received the formal correspondence on scheme for the installation of commercial renew- this matter. able heating systems. [13741/06] 2081 Questions— 6 April 2006. Written Answers 2082

71. Mr. Boyle asked the Minister for Communi- the gas industry are under way. These involve cations, Marine and Natural Resources the three main strand: the further liberalisation of the number of combined heat and power installations gas market to include domestic customers; the that have been introduced in each of the past five extension of the Commission for Energy Regu- years; the targets he is setting for the develop- lation’s, CER, mandate in the gas industry to ment of such power sources; and the support include responsibility for the regulation of natural measures that are in place to help achieve gas safety; and the unbundling of Bord Ga´is them. [13742/06] E´ ireann as a vertically integrated utility. Under provisions outlined in the Energy (Miscellaneous Minister of State at the Department of Provisions) Bill 2006, currently before the House Communications, Marine and Natural Resources for consideration, it is proposed to extend the gas (Mr. Browne): I propose to take Questions Nos. market to domestic customer level. This will 69 and 71 together. ensure all customers will be able to shop around The total installed capacity of CHP in Ireland for their natural gas supplier and the market will to end of 2004 was 290MWe, 150MWe of which be fully contestable. The legislation proposed relates to the recently commissioned Auginish includes a commencement provision which Alumina plant. Data for 2005 are not yet avail- ensures that the market will be fully open no later able. The following table gives a breakdown of than the 1 July 2007 deadline set by EU Directive the number of CHP installations for the period 2003/55/EC. The Bill also proposes to expand the 2001 to 2004 for which figures are available. functions of the CER to include the regulation and promotion of natural gas safety, and to pro- Year 2001 2002 2003 2004 mote consultation with the National Standards Authority of Ireland regarding gas safety Total Installed standards. Capacity MWe 128.7 132.3 136.5 145 The Bill sets out in detail how the CER will Total Units 98 105 128 139 carry out these functions by establishing and implementing a natural gas safety framework and by directing natural gas industry players to advise The CHP policy group established in 2004 has customers and the public on natural gas safety reported on the most suitable and appropriate issues. Provision has also been made for the legal environments in which CHP can usefully be unbundling of the transmission and distribution implemented in Ireland, so as to maximise energy system operations of Bord Ga´is E´ ireann, BGE´ . efficiency. The group comprised representatives Under the provisions of the relevant statutory of relevant Departments and agencies and indus- instrument, BGE´ is required to establish a sub- try representatives. Its recommendations are sidiary company with responsibility for manage- being considered in the context of the develop- ment of the natural gas transmission and distri- ment of overall renewable energy policy and the bution grid. This will further facilitate the Minister will launch the group’s report in the operation of third party players in the market. coming weeks. In budget 2006 a \65 million mul- tiannual package for renewable technologies was Question No. 73 answered with Question provided which also includes a grant aid package No. 53. to incentivise the installation of CHP in the industrial, commercial and public services sector. European Council Meetings. The Department and Sustainable Energy Ireland are finalising the detailed measures and the Mini- 74. Mr. Sargent asked the Minister for ster intends to launch the CHP programme as Communications, Marine and Natural Resources soon as possible. if he will report on the outcome of the latest European council meeting of Energy Ministers Question No. 70 answered with Question with particular regard to the discussions that took No. 29. place regarding the draft European Union Green Paper on energy policy; the position the Govern- Question No. 71 answered with Question ment took on proposals for a single regulatory No. 69. regime within the Union; and if he will make a statement on the matter. [13751/06] Energy Resources. 76. Mr. McCormack asked the Minister for 72. Ms O. Mitchell asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources the steps he proposes to take to develop the the proposals he has to develop and streamline energy market in line with the backdrop of the the natural gas industry; and if he will make a EU Green Paper on energy; and if he will make statement on the matter. [13799/06] a statement on the matter. [13805/06] Minister of State at the Department of 103. Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Mr. Browne): Plans to develop and streamline 2083 Questions— 6 April 2006. Written Answers 2084

[Mr. M. Higgins.] Touche report; and if he will make a statement the Government’s position on the recent EU on the matter. [13849/06] energy Green Paper; and if he will make a state- ment on the matter. [13629/06] Minister of State at the Department of Communications, Marine and Natural Resources Minister of State at the Department of (Mr. Browne): I propose to take Questions Nos. Communications, Marine and Natural Resources 75, 91 and 180 together. (Mr. Browne): I propose to take Questions Nos. The Minister received the Deloitte & Touche 74, 76 and 103 together. report on the electricity sector in December. The Future energy policy for Europe was the cen- Minister is currently considering the report in the tral issue for this Council with the discussions context of the energy policy consultation paper, focusing on the European Commission’s recently which is being drawn up by the Department. The published Green Paper, A European Strategy for Minister intends to publish the report in that con- Sustainable, Competitive and Secure Energy. The text in the coming months. Any forthcoming pro- discussions on energy were very much a first step posal by ESB to expand and-or rationalise its in what promises to be a long and complex pro- power generation portfolio will be assessed and cess. It is without doubt an issue of central considered in light of all the relevant factors and importance to Ireland and the future success of informed by all available analysis and advice. our economy. National energy regulators have found it challenging to deal with cross-border Question No. 76 answered with Question issues and mechanisms to remedy this situation No. 74. are required. In the absence of further detailed analysis from the Commission, we have taken the Telecommunications Services. view that it would be premature to agree in prin- 77. Mr. M. Higgins asked the Minister for ciple to the concept of a single regulator. We wel- Communications, Marine and Natural Resources come the recent initiative taken by the European if he has examined the recent Central Statistics Regulators Group for Electricity and Gas, of Office statistics on the information society and which the CER is a member, which offers a mech- telecommunications 2005, which indicates that anism which will actively involve all stakeholders just 16% of Internet-enabled households have in a co-ordinated approach to progressing inte- broadband compared to the EU average of 48%; gration issues for regional markets. Ireland agrees if his consultation process on increasing broad- with the broad thrust of the Commission’s Green band demand has concluded; the measures he Paper and we look forward to making a positive intends to introduce to increase broadband contribution to the debate in the coming months. demand; and if he will make a statement on the The paper sets out the formidable challenges fac- matter. [13630/06] ing Europe in the energy arena and offers a wide- ranging set of proposed actions for discussion. Minister of State at the Department of The Minister intends to publish a Green Paper Communications, Marine and Natural Resources on energy policy in the coming months, which will (Mr. Browne): By the end of 2005 there were take account of EU developments in addressing more than 270,000 broadband subscribers in the complex challenges for Irish energy policy in Ireland. This is a 106% increase from the figure the medium to longer term. of 131,500 at the end of 2004 and is equivalent of 19% of households. The Department keeps a Electricity Generation. number of issues, both supply and demand, under 75. Mr. Connaughton asked the Minister for constant review. Earlier this year, the Depart- Communications, Marine and Natural Resources ment initiated a consultation process to examine when he is likely to authorise the release of the level of demand for broadband services in the details of the publication of the Deloitte & Irish market, which concluded in March. The dis- Touche report; and if he will make a statement cussion document touched on key demand factors on the matter. [13802/06] for consumers and asked for possible examples of demand measures by Government and industry, 91. Mr. Gilmore asked the Minister for if any are necessary. More than 100 responses Communications, Marine and Natural Resources were received from diverse groups such as politi- if he will lay before Da´il E´ ireann the Deloitte & cal parties, Internet service providers, regional Touche report on the future of the ESB; if the development agencies, regulators, pressure ESB will be permitted to bring forward new gen- groups and interested citizens. A wide range of eration plant; and if he will make a statement on issues was raised, which are being examined by the matter. [13608/06] officials in the Department for further action. Proposed Legislation. 180. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources 78. Mr. Deasy asked the Minister for when he is likely to authorise the release of Communications, Marine and Natural Resources details of the publication of the Deloitte & when he expects to publish his legislative pro- 2085 Questions— 6 April 2006. Written Answers 2086 posals for the broadcasting sector; the extent to access metropolitan area networks, MANs, are which he expects to interlink the public and being constructed on a phased basis in association private sector and to ensure good value and a with the local and regional authorities. Phase one high standard for the consumer; and if he will of this programme has delivered fibre optic net- make a statement on the matter. [13828/06] works to 27 towns and cities. This programme has been extended to more than 90 towns nationwide. Minister of State at the Department of These MANs allow the private sector to offer Communications, Marine and Natural Resources world class broadband services at competitive (Mr. Browne): The priority issues to be addressed costs. by the legislative proposals that will form the According to the report one of the biggest chal- basis of a new broadcasting Bill are as follows: lenges for Government is demand or take-up and the establishment of a single content regulator for Ireland continues to lag behind its OECD part- commercial, community and public service broad- ners in this area. Earlier this year, the Depart- casters; the establishment of RTE as a company ment initiated a consultation process to examine under the Companies Acts; the provision of a the level of demand for broadband services in the statutory mechanism for future adjustments to Irish market, which concluded in March. The dis- the level of the television licence fee; and the cussion document touched on key demand factors development of the right of reply mechanism, for consumers and asked for possible examples of allowing persons whose reputation and good demand measures by Government and industry, name have been damaged by an assertion of if any are necessary. More than 100 responses incorrect facts in a television or radio programme were received and a wide range of issues were to gain redress. raised, which are being examined by officials in Work on developing the legislative proposals the Department with a view to further action. needed to address these issues is continuing. The The third conclusion is Ireland requires strong Minister anticipates that he will bring the pro- competition in the market to maintain economic posals to Government in the coming months, with competitiveness. In 2004 there were more than 80 publication of the broadcasting Bill in 2006. The Internet service providers whereas today there Minister’s intention in framing the legislative pro- are more than 150 companies, with at least 45 posals will be to ensure the broadcasting regulat- different broadband offerings. The use of fixed ory environment continues to encourage the wireless local access is increasing, especially in parallel development of high quality broadcasting rural areas that cannot obtain ADSL connectiv- by public service, commercial and community ity, and the development of Wi-Max offers con- broadcasters. siderable potential in the future. The Department also offers funding assistance for smaller towns Telecommunications Services. and rural communities through the county and group broadband scheme. To date, more than 150 79. Mr. Noonan asked the Minister for projects have been approved for funding. A third Communications, Marine and Natural Resources phase of the scheme is to be announced shortly if he has studied the report of the Joint Commit- which will attempt to provide service in problem tee on Communications, Marine and National areas identified by the regional co-ordinators of Resources on broadband; if he proposes to take the programme. A joint industry-Government action to address the deficiencies highlighted fund of \18 million has been established for the therein; if he has in mind a timescale to achieve broadband for schools programme, which will such objectives; and if he will make a statement provide every school in the country with broad- on the matter. [13808/06] band during 2006. Minister of State at the Department of Energy Resources. Communications, Marine and Natural Resources (Mr. Browne): The report to which the Deputy 80. Ms McManus asked the Minister for refers has been examined in detail. It recognises Communications, Marine and Natural Resources there have been a number of positive devel- if he has reviewed the submission from Engineers opments in the broadband market. There has Ireland on the National Development Plan 2007- been considerable growth in broadband con- 2013; his views on increasing on-shore oil reserves nectivity in the last 18 months with a 103% from 45 to 90 days and above 15 days for natural increase between December 2004 and December gas as the submission recommends; and if he will 2005. The report also accepts that broadband make a statement on the matter. [13620/06] availability and platform competition has increased and prices have dropped accordingly. Minister of State at the Department of The report recognises that the roll out of broad- Communications, Marine and Natural Resources band infrastructure in rural areas needs to be (Mr. Browne): The Minister is aware of the maintained. The Government’s regional broad- recommendations in regard to security of oil and band programme is tackling supply side issues gas supply expressed by Engineers Ireland in its and was a direct response to the lack of invest- recent submission to the Department of Finance ment by the private sector. High speed, open on the National Development Plan 2007-2013. As 2087 Questions— 6 April 2006. Written Answers 2088

[Mr. Browne.] vision services. Free-to-air analogue television a member of the International Energy Agency, services are provided on a terrestrial basis. Over IEA, Ireland is required to maintain emergency time it is expected that analogue terrestrial oil stocks equivalent to at least 90 days of net services will migrate to digital terrestrial services imports of crude oil equivalent in the previous in most countries. This migration is happening on year. The EU imposes a similar obligation based a significant scale in a number of European coun- on consumption. On 1 February 2006 Ireland’s oil tries. The Minister has proposed that a digital ter- stock reserves were estimated at 101 days net restrial television pilot programme be developed imports. This comprised 32 days stocks held in in Ireland. This pilot is nearing the end of the Ireland by the National Oil Reserves Agency, procurement phase. The purpose of the pilot is to NORA, some 33 days also held in Ireland by oil bring further momentum to the transition to digi- companies and oil consumers, with the balance of tal terrestrial broadcasting and to test and trial 36 days being held abroad either directly by various aspects of the service. The Minister NORA or on its behalf. On 1 February 2006, expects the pilot to become operational in aut- therefore, 65 of the 101 days stocks were held in umn 2006. Ireland. While the Minister is satisfied that the level of stocks held by Ireland is fully in line with Question No. 83 answered with Question international obligations he is mindful of the No. 11. desirability of incrementally increasing the vol- ume of NORA stocks held in Ireland having 84. Mr. Crawford asked the Minister for regard to storage availability and value for Communications, Marine and Natural Resources money. if local loop unbundling has developed Under the Gas (Interim) (Regulation) Act sufficiently and smoothly to the benefit of the 2002, the Commission for Energy Regulation, consumer; the steps he intends to take or instruc- CER, has the function of licensing natural gas tions he might give to the regulator or service storage facilities. In carrying out its functions, the providers in this regard; and if he will make a commission must have regard to the need to statement on the matter. [13836/06] ensure there is sufficient capacity in the natural gas system to enable reasonable expectations of Minister of State at the Department of demand to be met and to secure the continuity, Communications, Marine and Natural Resources security and quality of supplies of natural gas. In (Mr. Browne): I have no function in the matter the context of the all-island energy market raised by the Deputy. Local loop unbundling is development framework, a common approach on mandated by a European Council Regulation and storage and liquefied natural gas within a time- responsibility for its implementation is a matter frame of 2005 to 2007, is being progressed. Work for the independent regulator, the Commission is progressing on a bilateral basis involving the for Communications Regulation, ComReg, under Departments and regulatory authorities, North the Communications Regulation Act 2002 and and South, and a feasibility study is being com- the transposed EU regulatory framework for missioned in the first instance. This work is all the electronic communications networks and services. more timely, given EU and international devel- Telecommunications legislation is being prepared opments that underline the need for enhanced in the Department, which will, inter alia, provide strategic approaches to security of gas supply. In for greater enforcement powers for ComReg, addition, Marathon Oil Ireland Limited is including provisions for indictable offences for developing natural gas storage facilities at south serious infringements of the regulatory frame- west Kinsale. The CER is finalising the licensing work and for continuing fines, where appropriate. regime and it is planned that the storage facility These powers will give ComReg the necessary will be operational in summer 2006. muscle to enforce regulatory decisions to support the development of competition in the market. I Question No. 81 answered with Question hope to publish the Bill shortly. No. 45. Question No. 85 answered with Question Broadcasting Services. No. 9. 82. Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources Fisheries Protection. the situation in regard to the availability of digital 86. Dr. Upton asked the Minister for television; and if he will make a statement on the Communications, Marine and Natural Resources matter. [13830/06] the position with regard to fishing catch returns sent to the European Commission for each of the Minister of State at the Department of years from 1998 to 2005; if such returns were sent Communications, Marine and Natural Resources for each year; the checks which were applied by (Mr. Browne): Digital television is available in his Department to ensure that total allowable Ireland. Both cable-MMDS operators and satel- catches and quotas were observed by the fishing lite operators provide subscription digital tele- industry for each of these years; his views on 2089 Questions— 6 April 2006. Written Answers 2090 media and expert estimates of overfishing during In so far as fisheries control and surveillance is those years; the responsibility which attaches to concerned, all fishing vessels operating within the his Department for this situation; the legal posi- Irish fisheries patrol area are subject to checks by tion regarding deterrence and sanctions for over- Irish control authorities, at sea or in Irish ports. fishing; the outcome he expects in his Depart- Checks at sea include an inspection or records ment’s returns to the European Commission for and catch on board to ensure the proper 2006; the way in which this will compare with the recording of catches in the EU log book. The December 2005 agreed total allowable catches Department’s land-based inspectorate also con- and quotas; his plans for a White Paper on the ducts regular checks of all vessels landing into future of fisheries here; and if he will make a Irish ports. Detailed rules and regulations are in statement on the matter. [13641/06] place governing the recording of catches of fish stocks and for landings by EU fishing vessels. Minister of State at the Department of Misreporting and underreporting of catches is Communications, Marine and Natural Resources considered a serious infringement of the CFP and (Mr. Browne): Catch reporting by member states there are significant penalties in place for such to the Commission consists primarily of six separ- contraventions. Responsibility for overfishing ate reports that are designed to cover a wide specified catch limits clearly rests with the indi- range of aspects of fish landings. The reports vidual fishing vessels concerned and such a prac- relate essentially to quota and non-quota species, tice is to be deplored. In this regard, I stress the the nationality of the fleets concerned both from great importance which Ireland attaches to com- the EU and third countries and also the place of pliance with the rules of the CFP including the landing. Two of these reports are monthly and reporting obligations on fishermen. four are quarterly. As part of the drive to increase the effective- The most important report in providing data ness of fisheries surveillance, major enhance- on the main fishing operations of the Irish fishing ments to national fisheries control and enforce- fleet is a monthly report to the Commission on ment capabilities have been implemented in catches of quota species. This report has been recent years and a recruitment process is under transmitted to the Commission for each of the way for additional sea-fisheries protection years outlined in the Deputy’s question. For some officers. This commitment is also demonstrated of the other reports, however, particularly for the by the recent decision to establish an independent early part of the eight-year period concerned, the body charged with the enforcement of national, reporting situation has been less complete, EU and international sea-fisheries law. This inde- reflecting in particular the greatly increased com- pendent body is an important feature of the new plexity and scale of the reporting requirement sea fisheries legislation, recently enacted by the generally under the Common Fisheries Policy, Oireachtas. The legislation is intended to CFP, which took place from the 1990s onwards. strengthen Ireland’s capacity to provide a dissuas- Due to staffing shortages and the need to develop ive code of deterrents and sanctions to address new technology to respond to this more complex overfishing and all illegal fishing activity. In reporting requirement, it did not prove possible addition to potential penalties that individual to submit all of the various reports for all years. fishermen may face under national law, under the However, the Department recognised that there CFP, member states also have a clear legal was a need to secure improved delivery of the responsibility to ensure that vessels flying their necessary reports and it kept the Commission flag comply with the rules. It is therefore open to periodically apprised of its plans to secure such the Commission to initiate court action or improvement. infringement proceedings against member states Such improvement has been secured. This has in the event of over-fishing occurring or inad- resulted from, first, advances in staffing terms equate implementation of the CFP generally. from a complement of 27 administrative and Such proceedings may ultimately lead to fines specialist control staff in 1999 to a planned 101 being imposed directly on member states in the by early next year. Second, there has also been event of a judgment by the European Court of considerable investment on the installation of Justice. new technology in the form of the integrated fish- In so far as recent overfishing reports in the eries information system, IFIS, which embraces media and elsewhere is concerned, these are all the key information requirements on catches. matters, which are the subject of an investigation Through a combination of these two devel- by the Garda and I do not, therefore, consider it opments in particular, which have involved exten- appropriate to comment further in these circum- sive work over a period of years, Ireland is in stances. The Government is committed to the position to discharge its reporting obligations. For development of the sea fisheries industry on a instance, all 38 catch reports for 2005 were sub- sustainable basis. We are supporting the develop- mitted on schedule throughout last year and, in ment of the seafood industry through a number so far as 2006 is concerned, I am confident this of integrated schemes designed to secure a sus- satisfactory position for 2005 can be repeated this tainable future for the industry under the aegis of year and in future years. the National Development Plan 2000-2006. 2091 Questions— 6 April 2006. Written Answers 2092

[Mr. Browne.] Harbours and Piers. The two successful fleet renewal programmes 89. Mr. Bruton asked the Minister for and the recent introduction of a decommissioning \ Communications, Marine and Natural Resources scheme with a budget of 45 million over the next the reason with regard to the new 100 berth two years will together deliver the necessary marina in Killybegs harbour, which is planned, he restructuring, renewal and modernisation of the did not award State funding for the project; if, fishing fleet, which is designed to bring a modern, from the plans put forward, this project is safe and efficient fleet into balance with the avail- expected to generate employment in Killybegs; able fishing opportunities. The scope for the con- and if he will make a statement on the matter. tinued further development of the industry will [13646/06] be determined in the context of the next national plan for the period 2007 to 2013. In this regard, Minister of State at the Department of extensive discussions have been held at EU level Communications, Marine and Natural Resources regarding a new European fisheries fund to apply (Mr. Browne): The Department is in discussions over that period. The terms of the new European with the company proposing to build the marina fisheries fund have not been agreed at EU level. at Killybegs fishery harbour centre with regard to The proposal is the main item on the Fisheries making available a site within the fishery harbour Council planned for 25 April 2006. The Minister centre for such a marina and is separately pro- and I will meet fishing industry representatives cessing a foreshore application in respect of this in the near future to commence the process of proposal. However, this is at an early stage in the developing a strategy for the fishing industry, process and no consent has been given to the con- which will provide for a long-term sustainable struction of a marina in Killybegs. A number of future for the fishing industry and support the outstanding issues must be resolved prior to any livelihoods of coastal communities dependent on consideration regarding the granting of relevant fishing. permissions, leases or licences. The funding available to the Department under Question No. 87 answered with Question the port infrastructure improvement programme No. 45. of the National Development Plan 2000-2006 is directed at projects that improve infrastructure Alternative Energy Projects. and facilities at key strategic fishery harbours and the construction and improvement of berthage 88. Mr. McCormack asked the Minister for and related facilities at smaller harbours and Communications, Marine and Natural Resources landing places, with a key role in maintaining jobs the extent to which he expects the development in fishing, aquaculture and ancillary activities. of alternative energy to grow, notwithstanding The proposed marina at Killybegs does not come targets already set but in view of the likelihood within the scope of that programme. No other of a dramatically increased demand for energy in funding is available from this Department for this jurisdiction over the next ten years; and if he marine leisure projects such as marina will make a statement on the matter. [13804/06] developments.

Minister of State at the Department of Special Areas of Conservation. Communications, Marine and Natural Resources 90. Mr. Allen asked the Minister for Communi- (Mr. Browne): Within the electricity market, the cations, Marine and Natural Resources the way renewables Directive 2001/77/EC obliges Ireland in which areas (details supplied) are protected to develop and implement a programme capable regarding those parts of Dundalk Bay deemed as of increasing the amount of electricity from a special area of conservation and a special pro- renewable energy sources to 13.2% of total con- tection area for birds; the measures he intends to sumption by 2010. The Minister has stated his take to help conserve cockles at Dundalk Bay; firm commitment to ensuring Ireland meets the and if he will make a statement on the matter. target. Targets beyond 2010 will be determined in [13649/06] the context of the development of an all-island electricity market. The aim is to develop a long- Minister of State at the Department of term strategy to support increased renewable Communications, Marine and Natural Resources energy penetration on the island as a whole. To (Mr. Browne): Overall responsibility for special this end, a consultation paper entitled, 2020 areas of conservation, SACs, and special protec- Vision for Renewable Energy, was published in tion areas, SPAs, rests with the Department of July 2005. The responses to this paper are avail- the Environment, Heritage and Local Govern- able on my Department’s website and will inform ment. Concerning the cockle fishery, the launch future policy in this area. As part of this work, a of the management framework for shellfisheries major grid study is under way jointly with in Ireland in 2005 recognised that work was Northern Ireland to asses the implications of sig- needed to improve the management of this type nificantly increased renewables in the electricity of fishery. Under this framework, BIM has mix on the island by 2020. worked closely with the local stakeholders in 2093 Questions— 6 April 2006. Written Answers 2094 areas such as Dundalk Bay to develop local rep- contract to engage with the local community resentative structures for this purpose. through the CPPP process. The successful completion of this process in Regarding industry development, the agency Dundalk Bay has resulted in the formation of the has been successful to date in growing the cluster Dundalk Cockle Local Advisory Committee, with about 50 companies now employing approxi- LAC. This LAC first met on 15 February 2006. mately 500 employees in the hub. These The stakeholders are all agreed that management enterprises are involved in a range of activities measures are required. The LAC met again on 29 including games software development, mobile March to consider the available scientific infor- technology, animation and TV production. mation available, plan stock surveys for the com- With regard to the social and community ing year and discuss possible management development remit of the hub, the agency has measures. BIM will be continuing to work with operated the Liberties learning initiative, which the LAC over the coming months to develop a uses technology to tackle social and educational concrete management plan that is consistent with disadvantage in the area. Supported by funding the areas designated as an SAC and SPA. from Diageo Ireland, the programme delivers a range of learning and showcasing projects Question No. 91 answered with Question focused on the creative use of digital media and No. 75. reflects the national priorities of building a know- ledge-based society and addressing the digital Digital Hub. divide. In addition, the schools programme of the 92. Mr. McEntee asked the Minister for Liberties learning initiative has developed a Communications, Marine and Natural Resources range of programmes in 16 local primary and the extent to which the digital hub has developed second level schools aimed at addressing the digi- with particular reference to its benefit to the tal divide. The schools programme aims to equip region; the extent to which its objectives have local children with the skills needed to live in a been achieved to date; if targets met are in line digital age, and to work in the digital media with the costs involved; and if he will make a industry, which will be located on their doorstep. statement on the matter. [13842/06] Telecommunications Services. Minister of State at the Department of Communications, Marine and Natural Resources 93. Mr. Howlin asked the Minister for (Mr. Browne): Under the Digital Hub Develop- Communications, Marine and Natural Resources ment Agency Act 2003, the primary function of if measures to incorporate the regulation of pre- the digital hub is to procure and secure the pro- mium rate telephone services under the direction of the communications regulator, ComReg, will vision of and to promote and facilitate the be brought forward; and if he will make a state- development of the digital hub as a location for ment on the matter. [13622/06] digital enterprises and related activities. The digital hub project, managed by the inde- Minister of State at the Department of pendent Digital Hub Development Agency, has Communications, Marine and Natural Resources been and will continue to be successful in (Mr. Browne): Responsibility for the regulation developing a digital industry cluster, as well as in of the content and promotion of premium rate regenerating an historic community area in the telephone services is a matter for Regtel, the heart of Dublin by operating a number of signifi- independent regulator of these services. I have no cant community and educational initiatives as plans to incorporate the regulation of such part of its role in the digital hub district. services under the direction of ComReg. In November 2005, the Minister announced the acceptance of tenders for two sites in the digital 94. Ms Lynch asked the Minister for Communi- hub, with a combined area of almost 5.6 acres for cations, Marine and Natural Resources if he has \ approximately 118 million. In return for the received and reviewed a copy of the European \ land, the State will receive a combination of 72.4 Commission’s report, Bridging the Broadband \ million in cash and 45.7 million in high quality Gap; the implications of the document for the offices, which is equivalent to over 13,000 m2 of Irish broadband market; and if he will make a office space that will accommodate digital statement on the matter. [13614/06] enterprises as the digital hub grows. The digital hub has engaged with local com- Minister of State at the Department of munity interests on the project from the very Communications, Marine and Natural Resources beginning. The consultation takes place through (Mr. Browne): The report to which the Deputy the unique community, public, private partner- refers has been examined in some detail. In its ship, CPPP, process, which is chaired by DHDA report the Commission recognises that, outside board member Peter Cassells. As a result of the the metropolitan areas of the EU, population consultation, the two private developers are scarcity and distance can discourage commercial required under the terms of the development investment in telecommunications. It concludes 2095 Questions— 6 April 2006. Written Answers 2096

[Mr. Browne.] that states should intervene to deliver infrastruc- Technology Grant ture in these markets in a well-targeted manner Amount compatible with state aid rules. \ Ireland welcomes the Commission’s initiative to align its Structural Funds, regional policy and Wood chip or wood pellet boilers 4,200 competition policy to facilitate state investment Wood chip or wood pellet stoves 1,100 in broadband infrastructure and services in rural Wood chip or wood pellet stoves with back boiler 1,800 and low population areas that are suffering Heat pump — horizontal ground collector 4,300 market failure. Moreover this is in line with the Commission’s recent decision to endorse the Irish Heat pump — vertical collector 6,500 Government’s broadband strategy to invest in Heat pump — water (well) to water 4,300 metropolitan area networks in Ireland. Heat pump — air source 4,000 In many circumstances, mainly in cities, the Solar (per m2 to a maximum of 12m2) 300 market will provide competitive broadband services. This announcement by the Commission recognises that an under-supply of broadband The level of grant aid reflects a strong Govern- infrastructure can occur in rural areas. In Ireland, ment commitment to encourage people to install renewable heat technology in their homes and the the lack of infrastructure investment by the programme will be monitored closely to ensure private sector is leading to a gap in broadband that this objective is achieved. services in rural parts of Ireland. The scheme is being rolled out on behalf of the The Irish Government through the regional Department by Sustainable Energy Ireland, SEI, broadband programme is taking specific action to and all applications are being processed by SEI. address broadband market failures, and will con- The scheme was open for applications with effect tinue to review options in this area, particularly in from the launch date and there has been a very peripheral and rural areas. Improved broadband high level of interest in the scheme so far. coverage is a priority for the Irish Government because of its important implications for business Digital Hub. competitiveness and productivity as set out in the Lisbon Agenda. 97. Ms Burton asked the Minister for Communications, Marine and Natural Resources Question No. 95 answered with Question if he will report on the recently signed Digital Sis- No. 50. ter Cities Memorandum of Understanding with the Mayor of San Francisco; the impact for the Energy Resources. digital hub; and if he will make a statement on the matter. [13632/06] 96. Ms Shortall asked the Minister for Communications, Marine and Natural Resources Minister of State at the Department of if he will provide details of the recently Communications, Marine and Natural Resources announced scheme of \27 million grant aid for (Mr. Browne): This digital sister city initiative is domestic renewable heat technologies; when the designed to stimulate economic development by scheme is due to come into force; the way in connecting cities from around the world through which the scheme will assist a householder choos- advanced technologies. Digital sister cities iden- ing one of the renewable technologies including tify ways to positively impact the global economy the proportion of the cost of each household tech- and, in so doing, strengthen their own economic nology; the forecasted demand for domestic foundation. renewable heat technologies here; and if he will The digital hub is very enthusiastic about open- make a statement on the matter. [13605/06] ing new collaborative channels for digital hub companies and research activities. It already has Minister of State at the Department of an established mechanism to source and dissemi- Communications, Marine and Natural Resources nate information on Irish digital media enterprise (Mr. Browne): On 27 March the Minister and resources to manage and administer the launched the Greener Homes grant aid package process. of \27 million for the domestic sector which With the hub’s existing connection to Dublin includes funding for wood chip and wood pellet City Council, the third level sector and the boilers and stoves, solar and heat pump creative and enterprise participants in their pro- technologies. The scheme will be rolled-out over ject, the digital hub has the right mix of capabili- a five-year period and it is anticipated that it will ties to drive some pragmatic initiatives to happen support the conversion to renewable energy in up within the digital sister cities framework. It will to 10,100 homes. use those resources to support the sister initiative. The following is a breakdown of the grant level The hub has already indicated it would wel- available for each of the technologies: come the opportunity to explore how inter- national collaboration could facilitate innovative 2097 Questions— 6 April 2006. Written Answers 2098 exhibits and increase visitor numbers and will Minister of State at the Department of pursue this with its sister counterparts. Communications, Marine and Natural Resources Under the sister initiative, a Digital Media (Mr. Browne): The management of the .ie Advisory Council, DMAC, will be established in domain name is carried out by IE Domain Name each location. The purpose of the DMAC is to Registry Limited, the IEDR. It is responsible for act as a voice for all the Irish organisations that the day-to-day management of all aspects of the may wish to participate in the sister initiative. A administration of the registry including dealing group with representation from digital media with resellers. The registry has recently enterprise, education, arts and culture and the announced on its website that it has over 59,000 city of Dublin will be established in the first customers. instance. The possibility of involving other Irish Regarding the regulation of the .ie domain digital media based collaborations will be name, the Minister proposes bringing proposals examined. to the Houses of the Oireachtas in the forthcoming Electronic Communications Question No. 98 answered with Question (Miscellaneous Provisions) Bill. No. 60. Question No. 103 answered with Question Energy Resources. No. 74. 99. Mr. Howlin asked the Minister for Communications, Marine and Natural Resources Alternative Energy Projects. if the Government is intending to privatise Bord 104. Ms Enright asked the Minister for Ga´is E´ ireann or Bord na Mo´ na; and if he will Communications, Marine and Natural Resources make a statement on the matter. [13621/06] when he expects to be in a position to provide Minister of State at the Department of adequate research and development facilities Communications, Marine and Natural Resources with a view to the development of alternative (Mr. Browne): The Government has no plans for energy; and if he will make a statement on the the privatisation of Bord na Mo´ na plc or Bord matter. [13806/06] Ga´is E´ ireann. Minister of State at the Department of Question No. 100 answered with Question Communications, Marine and Natural Resources No. 20. (Mr. Browne): Research and development is under way into the development of alternative Postal Services. energy possibilities including the joint initiative by the Marine Institute and Sustainable Energy 101. Ms McManus asked the Minister for Ireland on ocean technology. The Minister will Communications, Marine and Natural Resources shortly announce a new initiative designed to if directions will be given to ComReg on the pre- create an enhanced strategic planning and co- diction that An Post will have suffered losses of ordination structure for energy RTDI priorities up to \70 million in four years time; and if he will and to support additional research initiatives. make a statement on the matter. [13619/06]

Minister of State at the Department of Harbours and Piers. Communications, Marine and Natural Resources 105. Mr. Stagg asked the Minister for (Mr. Browne): Matters relating to quality and lev- Communications, Marine and Natural Resources els of postal service are operational matters for if he will bring forward measures to encourage the board and management of An Post and ones the development of marinas at fishery and other in which the Minister has no function. harbours here; if the present measures in place at ComReg is the independent regulator with his Department to process marina applications responsibility to monitor the company’s com- are adequate; and if he will make a statement on pliance with its universal service obligation. I the matter. [13637/06] understand that the Minister does not intend to issue directions to ComReg on this matter. Minister of State at the Department of Communications, Marine and Natural Resources Telecommunications Services. (Mr. Browne): The marine tourism grant scheme, 102. Mr. O’Shea asked the Minister for which was a sub-measure of the tourism measure Communications, Marine and Natural Resources under the national development plan aimed if he will bring forward measures to strengthen specifically at supporting marine access infra- the regulation of the .ie domain, including the .ie structure for tourism purposes, was suspended in domain reseller programme, in view of the recent December 2002 due to budgetary constraints. successful launch of the .eu domain; and if he will This scheme remains suspended and is now make a statement on the matter. [13625/06] unlikely to be reactivated. There is no other fund- 2099 Questions— 6 April 2006. Written Answers 2100

[Mr. Browne.] Harbour Authorities. ing available in this department for marine 110. Dr. Upton asked the Minister for leisure projects. Communications, Marine and Natural Resources The funding available to the Department under if, in view of the recent views raised by the the port infrastructure improvement programme Comptroller and Auditor General, he has plans of the National Development Plan 2000-2006 is to carry out a performance assessment of his directed at projects that improve infrastructure Department for the period of the present and facilities at key strategic fishery harbours and Government concerning the invigilation and the construction and improvement of berthage management of the national sea fisheries and related facilities at smaller harbours and resource and fishery harbours; and if he will make landing places, with a key role in maintaining jobs a statement on the matter. [13642/06] in fishing, aquaculture and ancillary activities. The funding of marina projects at fishery harbour Minister of State at the Department of centres does not come within the scope of that Communications, Marine and Natural Resources programme. (Mr. Browne): I propose to outline in detail the Responsibility for small regional harbours background and context to this matter as well as operated under the Harbours Act 1946 has been indicating the current position. transferred to the Department of Transport with The Report of the Comptroller and Auditor effect from January 2006. Those remaining General for 2005 raised two key issues in connec- regional ports and harbours which do not form tion with the five fishery harbour centres owned part of the national maritime transport system for by the State and operated by the Department at trade and travel are being transferred to alterna- Killybegs, Castletownbere, Ros a Mhil, Howth tive uses under local control by that Department, and Dunmore East, in accordance with the Fish- as provided for in the Harbours Act 1996. Fund- ery Harbour Centres Act 1968. These issues ing for marinas in such harbours is a matter for related to a delay in the provision of annual the Department of Transport, or where owner- accounts for the fishery harbour centres for the ship has been transferred, the relevant local years 2000-03 and the Department’s oversight of authority. the five fishery harbour centres and in particular Within the five fishery harbour centres, Howth, the collection of outstanding harbour dues. Dunmore East, Castletownbere, Rossaveel and The relevant legislation provides that the Killybegs, directly owned and operated by this annual accounts of the fishery harbour centres Department there is an existing marina with are to be audited by the Comptroller and Auditor approximately 260 berths at Howth. Discussions General. There had been a delay in the provision are ongoing with a private developer regarding of annual accounts for the years 2000-03 due to making available a site for a marina development exceptional pressure on the Department’s at Killybegs with up to 100 berths. A major infra- accounts branch. This was due to changes in the structure development project is under way at Department’s functions during the period. A Dunmore East and consideration is being given schedule for submission of the accounts to the to a planning application by the Department to Comptroller and Auditor General was agreed include provision for a 50-berth marina develop- with his office in November 2004 and the draft ment in that overall development project. There accounts for the years 2000-04 were submitted by are no plans for development of marinas at either the Department to his office for audit in May Castletownbere or Rossaveel at present. This 2005. position will be reviewed following the com- As regards oversight of the fishery harbour pletion of current development works under way centres and debt collection, the Comptroller and at those fishery harbour centres. I have no plans Auditor General had raised a number of ques- at present to bring forward any additional tions regarding departmental oversight of the measures to encourage the development of fishery harbour centres and in particular progress marinas at fishery harbour centres. made to eliminate the levels of debt. The fishery harbour centres are funded Question No. 106 answered with Question through rents for properties at the harbours and No. 7. through charges for usage of harbour facilities, mainly by fishermen and fishing industry oper- Question No. 107 answered with Question ators. It is in my view important that these stra- No. 56. tegic harbours meet their operating costs in order to provide a sustainable service to the fishing Question No. 108 answered with Question industry. The Exchequer fully provides the capi- No. 28. tal funding required to ensure their ongoing maintenance and development. Question No. 109 answered with Question Prior to 2003, charges had not been increased No.17. since 1990. There has been strong resistance from 2101 Questions— 6 April 2006. Written Answers 2102 the fishing industry from time to time to harbour Communications, Marine and Natural Resources charges, particularly following the introduction of if he will report on the recent initiatives in the the new charges in 2003. While the challenges fac- development of wave renewable technologies; ing the fishing industry are appreciated it is and if he will make a statement on the matter. important that the facilities provided to them are [13638/06] maintained on a sound financial footing. Since 2001 there have been a number of initiatives to Minister of State at the Department of enhance recovery of receipts and arrears. This Communications, Marine and Natural Resources included the hiring of external services to assist (Mr. Browne): The development of ocean energy with collection. Debt control procedures have possibilities is currently being progressed by Sus- also been introduced, including the options of tainable Energy Ireland, SEI, and the Marine detention of vessels, refusal of harbour services Institute. and, where appropriate, legal action for recovery The Marine Institute and SEI, in conjunction of moneys owed. with the Department, recently opened a wave In addition, new financial management systems energy test site a mile and a half off the coast of are being rolled out for the harbours which, Spiddal, County Galway. The 37-hectare site will among other things, enable the efficient issuing be open to entrepreneurs and engineers to test of invoices and also enables the debtors’ position prototype ocean energy generators. The first to be monitored more effectively. These new wave energy generator, “WaveBob”, has been systems will also enhance the quality of service deployed on the Spiddal site. The Minister provided to the fishing industry at the fishery har- intends to publish an ocean energy strategy bour centres by enabling more clarity in relation shortly, which will set out a development path for to the charges being imposed. ocean energy technology in Ireland. The benefits of the charges introduced in 2003 SEI and the Marine Institute are currently sup- are now being realised. The accounts for 2004 and porting a number of ocean energy technologies the draft accounts for 2005 show a small including the wavebob, ocean energy buoy, the operating profit for the five fishery harbour McCabe wave pump, wave tank and air turbine centres. This compares with operating losses in design, and are providing research and develop- previous years. A substantial reduction in the ment support for three separate wave energy level of debt is expected to be seen this year. device developers, including support for wave Harbour masters, or acting harbour masters, tank testing of model devices. Other projects and are now in place at all of the fishery harbour studies funded to date include: assessment of the centres. The Department is also reviewing the tidal energy resource; assessment of the wave structures, roles and responsibilities, work prac- tices and procedures with regard to management energy resource; development of a quarter scale of the harbours with a view to improving the level test site in Galway Bay; assessment of economic and efficiency and service provided as well as benefits from development of ocean energy; and ensuring an ongoing sound financial position. I participation in IEA ocean energy implementing am confident that these measures will enable the agreement. Department to better focus on maximising the In addition to the ocean energy strategy, I will value of the assets available at the fishery harbour be publishing an energy policy consultation paper centres for the benefit of the fishing industry, the by mid-year which will set out medium and long- local communities in which they are situated and term perspectives for national energy policy and nationally. which will take account of the considerable and Accordingly, in the light of the foregoing cir- complex challenges for Irish energy policy. cumstances, which point clearly to a wide range of important steps and measures to address cer- Accident and Emergency Services. tain shortcomings, and bearing in mind that sea 112. Mr. F. McGrath asked the Ta´naiste and fisheries resource management is an entirely sep- Minister for Health and Children if she has asked arate issue operating in a totally different policy the Cuban authorities for advice on practical pro- context, I do not believe that an assessment of posals to deal with the accident and emergency the type suggested by the Deputy is warranted. crisis here, bed capacity and out of hours general In so far as management of sea fisheries in con- practitioner service; and if she will discuss this cerned, there is an ongoing investigation by the matter with the Cuban Ambassador to Garda Sı´ocha´na into alleged over-fishing and I Ireland. [13914/06] consider that it would be inappropriate for me to comment further on that aspect in these cir- Ta´naiste and Minister for Health and Children cumstances. (Ms Harney): I have not had any contact with the Cuban authorities regarding seeking advice on Alternative Energy Projects. health matters but I will bear the Deputy’s 111. Mr. Stagg asked the Minister for suggestion in mind. 2103 Questions— 6 April 2006. Written Answers 2104

Hospital Services. Minister of State at the Department of Health and Children (Mr. T. O’Malley): The Deputy’s 113. Mr. McGuinness asked the Ta´naiste and question relates to the management and delivery Minister for Health and Children the reason an of health and personal social services, which are eye operation was postponed at Waterford the responsibility of the Health Service Executive Regional Hospital in the case of a person (details under the Health Act 2004. Accordingly, my supplied) in County Kilkenny; if the post- Department has requested the parliamentary ponements are due to a breakdown of equipment; affairs division of the executive to arrange to have if so, the timeframe for having this equipment this matter investigated and to have a reply issued repaired; the reasons there is not a second piece directly to the Deputy. of equipment of its kind on stand-by or the reason parts are not available immediately when Hospital Hygiene. required in view of the importance of the equip- ment; the number of patients whose operation 116. Mr. McGuinness asked the Ta´naiste and have been postponed; if she will expedite a resol- Minister for Health and Children if proposals ution to the issue; if alternative arrangements will submitted to her Department regarding mobile be put in place to deal with urgent cases should hand wash stations for hospitals from a person the delays be excessive; and if she will make a (details supplied) in County Kilkenny have been statement on the matter. [13944/06] considered; if the company promoting the con- cept has been contacted; if the concept has been Ta´naiste and Minister for Health and Children assessed or evaluated by her Department or the (Ms Harney): The Deputy’s question relates to Health Service Executive; if a decision on the the management and delivery of health and per- matter has been made; and if she will make a sonal social services, which are the responsibility statement on the matter. [13947/06] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Ta´naiste and Minister for Health and Children requested the parliamentary affairs division of (Ms Harney): The Deputy’s question refers to the the executive to arrange to have this matter inves- management and delivery of health and personal tigated and to have a reply issued directly to the social services, which are the responsibility of the Deputy. Health Service Executive under the Health Act 2004. The HSE is also responsible for procuring and purchasing the products and services it may Special Educational Needs. require. Accordingly, my Department has 114. Mr. Ardagh asked the Ta´naiste and Mini- requested the parliamentary affairs division of ster for Health and Children the services which the executive to have a reply issued directly to will be provided for a person (details supplied) in the Deputy. Dublin 8 who has autism and is in a lacuna next year as there is no education place available to Nursing Home Subventions. them. [13945/06] 117. Mr. O’Connor asked the Ta´naiste and Minister for Health and Children if she will inves- Minister of State at the Department of Health tigate the complaints being made regarding and Children (Mr. T. O’Malley): The Deputy’s patients in Health Service Executive funded beds question relates to the management and delivery in private nursing homes who have to sign over of health and personal social services, which are their disability pension books to the nursing the responsibility of the Health Service Executive home; if the logic of this process will be investi- under the Health Act 2004. Accordingly, my gated; and if she will make a statement on the Department has requested the parliamentary matter. [13980/06] affairs division of the executive to arrange to have this matter investigated and to have a reply issued Minister of State at the Department of Health directly to the Deputy. and Children (Mr. S. Power): The Deputy’s ques- tion refers to the management and delivery of Services for People with Disabilities. health and personal social services, which are the responsibility of the Health Service Executive 115. Mr. Noonan asked the Ta´naiste and Mini- under the Health Act 2004. Accordingly, the ster for Health and Children if she will intervene Department has requested the parliamentary to resolve the industrial dispute at the Brothers affairs division of the executive to arrange to have of Charity in Bawnmore, Limerick to ensure that this matter investigated and to have a reply issued an appropriate number of carers are provided for directly to the Deputy. persons being transferred from Bawnmore to the new bungalow accommodation which is being provided; and if she will make a statement on the Care of the Elderly. matter. [13946/06] 118. Mr. F. McGrath asked the Ta´naiste and 2105 Questions— 6 April 2006. Written Answers 2106

Minister for Health and Children the position visions of the Health Act 2004. The average rate regarding home care packages for the elderly on of subvention paid by the HSE generally exceeds the north side of Dublin; and the reason these are the current approved basic rates. Additional without additional staff. [13981/06] funding of \20 million was provided for the administration of the nursing home subvention Minister of State at the Department of Health scheme in 2006, bringing the total available and Children (Mr. S. Power): The Deputy’s ques- budget to \160 million. This additional funding tion refers to the management and delivery of will help to ensure the consistent delivery of the health and personal social services, which are the subvention scheme nationwide and will help to responsibility of the Health Service Executive eliminate any discrepancies in the scheme. under the Health Act 2004. Accordingly, the As the Deputy will be aware, the Ta´naiste and Department has requested the parliamentary Minister Se´amus Brennan established a working affairs division of the executive to arrange to have group to identify the policy options for a financi- this matter investigated and to have a reply issued ally sustainable system of long-term care. The directly to the Deputy. report of the working group on the future financ- ing of long-term care has been presented to the 119. Dr. Upton asked the Ta´naiste and Mini- Government and is currently being considered by ster for Health and Children the action she is tak- the Cabinet. ing to ensure that elderly people without sufficient means are able to avail of nursing home Question No. 120 withdrawn. care whether in a private nursing home or other- wise; the steps she is taking to ensure the avail- 121. Mr. Stagg asked the Ta´naiste and Minister ability of nursing home places for such people; for Health and Children her policy for caring for and if she will make a statement on the the aged in their own homes and in short and matter. [13982/06] long-term care; the resources she provided in 2004 and 2005 for this purpose; if the amount will Minister of State at the Department of Health be increased in 2006; the number of persons sup- and Children (Mr. S. Power): As the Deputy will ported in each of the above categories during be aware, the Ta´naiste and I regard the support 2004 and 2005 and anticipated in 2006; and if she of older people to stay in their own homes and will make a statement on the matter. [13985/06] communities as a key policy priority, thereby moving away from the practice of placing people Minister of State at the Department of Health in residential care as a first option. This is the and Children (Mr. S. Power): As the Deputy will expressed wish of the majority of our older be aware, the Ta´naiste and I regard the support people. Additional funding has been allocated for of older people to stay in their own homes and services for older people and palliative care communities as a key policy priority, with appro- amounting to \150 million in budget 2006, with priate residential care provided where necessary. \110 million allocated for 2006 and \40 million This marks a move away from the practice of more for 2007. The investment package is a major placing people in residential care as a first option step in focusing new resources on home care first and is in line with the expressed wish of the and foremost, while still supporting appropriate majority of our older people. This Government is residential care. committed to developing the various community For those who require residential care, the and home support schemes, which are vital to nursing home subvention scheme was introduced maintain older people in their own homes for as in 1993 on foot of the Health (Nursing Homes) long as possible. An investment package of an Act 1990 and the regulations made thereunder to additional \150 million has been put in place in give some financial assistance towards the cost of budget 2006 for services for older people and pal- private nursing home care. It was never intended liative care, with \110 million allocated for 2006 that the scheme would subsidise the full costs of and a further \40 million for 2007. This is the private nursing home care. The Nursing Home largest ever increase in funding for services for (Subvention) Regulations 1993 are administered older people and palliative care. Reflecting the by the Health Service Executive. There are cur- new emphasis on home and day care, almost rently three rates of subvention payable, \114.30, three quarters or \109 million of the full year \152.40 and \190.50 for the three levels of depen- costs are being committed to community care dency, medium, high and maximum, respectively. supports, including home care packages, \55 mil- The HSE has discretion to pay more than the lion; the home help service, \33 million; sheltered maximum rate of subvention relative to an indi- housing, \1 million; and day and respite care, \9 vidual’s level of dependency where, for example, million. personal funds are exhausted. The application of Additional funding of \20 million was also pro- these provisions to an individual case is a matter vided for the administration of the nursing home for the HSE in the context of meeting increasing subvention scheme in 2006, bringing the total demands for subvention and is subject to the pro- available budget to \160 million. This additional 2107 Questions— 6 April 2006. Written Answers 2108

[Mr. S. Power.] Minister of State at the Department of Health funding will help to ensure the consistent delivery and Children (Mr. S. Power): The Deputy’s ques- of the subvention scheme nationwide. tion refers to the management and delivery of The following figures are taken from the health and personal social services, which are the Revised Book of Estimates for 2004-06. responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Year 2004 2005 2006 Department has requested the parliamentary affairs division of the executive to arrange to have \ million \ million \ million this matter investigated and to have a reply issued Long Stay 524 575 622 directly to the Deputy. Community Care 443 471 579 Health Service Allowances. Other Services 32 35 38 124. Mr. P. Breen asked the Ta´naiste and Mini- Total 999 1,081 1,239 ster for Health and Children when an application for respite care grant will be processed for a per- With regard to the section of the question on the son (details supplied) in County Clare; and if she number of people supported by each of the categ- will make a statement on the matter. [14004/06] ories mentioned, the Deputy’s question refers to the management and delivery of health and per- Minister of State at the Department of Health sonal social services, which are the responsibility and Children (Mr. T. O’Malley): The Deputy’s of the Health Service Executive under the Health question refers to the management and delivery Act 2004. Accordingly, the Department has of health and personal social services, which are requested the parliamentary affairs division of the responsibility of the Health Service Executive the executive to arrange to have this matter inves- under the Health Act 2004. Accordingly, the tigated and to have a reply issued directly to the Department has requested the parliamentary Deputy. affairs division of the executive to arrange to have this matter investigated and to have a reply issued 122. Mr. G. Mitchell asked the Ta´naiste and directly to the Deputy. Minister for Health and Children if she will make a statement in response to the concerns of an Medical Aids and Appliances. active retirement association (details supplied) in 125. Mr. P. Breen asked the Ta´naiste and Mini- Dublin 12. [13986/06] ster for Health and Children when a person (details supplied) in County Clare will be facili- Minister of State at the Department of Health tated with a special arm chair; and if she will and Children (Mr. S. Power): A working group make a statement on the matter. [14005/06] chaired by the Department of the Taoiseach and comprising senior officials from the Departments Minister of State at the Department of Health of Finance, Health and Children and Social and and Children (Mr. S. Power): The Deputy’s ques- Family Affairs was established last year to exam- tion refers to the management and delivery of ine issues relating to the financing of long-term health and personal social services, which are the care. This was to take account of the Mercer responsibility of the Health Service Executive report on the future financing of long-term care under the Health Act 2004. Accordingly, the in Ireland, which was commissioned by the Department has requested the parliamentary Department of Social and Family Affairs and the affairs division of the executive to arrange to have review of the nursing home subvention scheme this matter investigated and to have a reply issued by Professor Eamon O’Shea. This group directly to the Deputy. presented its report to the Government and it is now under consideration. The objective of the group was to identify the policy options for a fin- Housing Aid for the Elderly. ancially sustainable system of long-term care, 126. Mr. P. Breen asked the Ta´naiste and Mini- including improvements in community care. In ster for Health and Children the status of an the context of that report, the Health Service application under the housing aid for the elderly Executive have been asked as a matter of urgency scheme for a person (details supplied) in County to assess the long-term residential care capacity Clare; and if she will make a statement on the needs of older people. matter. [14006/06]

Nursing Home Subventions. Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- 123. Mr. Durkan asked the Ta´naiste and Mini- tion refers to the management and delivery of ster for Health and Children the correct level of health and personal social services, which are the financial support available to a person (details responsibility of the Health Service Executive supplied) in County Kildare for a spouse’s nurs- under the Health Act 2004. This includes ing home care; and if she will make a statement responsibility for the provision of the housing aid on the matter. [13998/06] 2109 Questions— 6 April 2006. Written Answers 2110 scheme for the elderly on behalf of the Depart- a matter for the Health Service Executive under ment of Environment, Heritage and Local the Health Act 2004. Accordingly, the Depart- Government. Accordingly, the Department has ment has requested the parliamentary affairs div- requested the parliamentary affairs division of ision of the executive to arrange to have this the executive to arrange to have this matter inves- matter investigated and to have a reply issued tigated and to have a reply issued directly to the directly to the Deputy. Deputy. Health Services. Hospital Waiting Lists. 129. Mr. G. Mitchell asked the Ta´naiste and 127. Mr. Lowry asked the Ta´naiste and Mini- Minister for Health and Children if she will make ster for Health and Children the number of a statement on the concerns set out by the patients in north and south County Tipperary National Association for Deaf People (details awaiting a kidney transplant; the average length supplied). [14009/06] of waiting time; the number of kidney transplants performed annually; the number performed on Ta´naiste and Minister for Health and Children patients from north and south County Tipperary; (Ms Harney): The Deputy’s question refers to the and if she will make a statement on the management and delivery of health and personal matter. [14007/06] social services, which are the responsibility of the Health Service Executive under the Health Act Ta´naiste and Minister for Health and Children 2004. Accordingly, the Department has requested (Ms Harney): The Deputy’s question refers to the the parliamentary affairs division of the executive management and delivery of health and personal to arrange to have this matter investigated and to social services, which are the responsibility of the have a reply issued directly to the Deputy. Health Service Executive under the Health Act 2004. Accordingly, the Department has requested Nursing Home Subventions. the parliamentary affairs division of the executive 130. Mr. Kehoe asked the Ta´naiste and Mini- to arrange to have this matter investigated and to ster for Health and Children the position regard- have a reply issued directly to the Deputy. ing the repayments for people who were over charged in public beds in nursing homes; when Mental Health Services. people will be in receipt of payment; and if she 128. Mr. Lowry asked the Ta´naiste and Mini- will make a statement on the matter. [14010/06] ster for Health and Children if she intends instructing the Health Service Executive to Ta´naiste and Minister for Health and Children implement the recommendations on north and (Ms Harney): The Health (Repayment Scheme) south County Tipperary in the Mental Health Bill 2006 was published on 16 March 2006 and Commission’s 2004 report of the Inspector of the Second Stage reading of the Bill commenced Mental Health Services; if these recom- in the Da´il on 30 March 2006. The Second Stage mendations have been prioritised for implemen- of this Bill is due to resume in the Da´il on 27 tation; the date each of the recommendations will April 2006. It is my wish that the important legis- be implemented; the estimated cost to the State lative proposals contained in the Bill will have a of implementation; the way in which this cost was speedy passage through the Oireachtas prior to arrived at; and if she will make a statement on the summer recess. This will enable the imple- the matter. [14008/06] mentation of the scheme and ensure the repay- ments are made swiftly to those eligible for repay- Minister of State at the Department of Health ment following the completion of an and Children (Mr. T. O’Malley): The future uncomplicated application process. It is currently envisaged that repayments will commence shortly direction and delivery of all aspects of our mental after the Bill is approved and signed into law and health services were considered in the context of an outside company has been appointed to make the work of the expert group on mental health the repayments. The timescale determined by the policy. The Government published the group’s Health Service Executive for the selection pro- report, A Vision for Change, on Tuesday, 24 cess including the appointment of the successful January 2006. The Government has accepted the company is the end of April 2006, with repay- expert group’s report as the basis for the future ments to claimants likely to commence in June development of the mental health services. The 2006. expert group’s report makes recommendations on the re-organisation of mental health catchment areas and the recommendations made by the Hospital Services. Inspector of Mental Health Services will need to 131. Mr. Kehoe asked the Ta´naiste and Mini- be considered in this context. ster for Health and Children, further to her state- The management and delivery of health and ment at a recent health committee meeting, the personal social services, including mental health status regarding the cost for a patient spending a services in north and south County Tipperary, is night on a trolley in hospital compared with a 2111 Questions— 6 April 2006. Written Answers 2112

[Mr. Kehoe.] arrange to have this matter investigated and to patient spending a night in a bed in hospital; and have a reply issued directly to the Deputy. if she will make a statement on the matter. [14011/06] Infectious Diseases. Ta´naiste and Minister for Health and Children 134. Mr. P. Breen asked the Ta´naiste and Mini- (Ms Harney): In April 2005 it came to my atten- ster for Health and Children if there was an tion that some hospitals had been charging the MRSA outbreak in St. Joseph’s Hospital, Ennis, statutory inpatient levy in the case of patients during March 2006; if there were other infection occupying trolleys in accident and emergency diseases outbreaks; the measures which are being departments. On 28 April 2005, I instructed the taken to prevent such outbreaks; and if she will Health Service Executive to ensure that patients make a statement on the matter. [14014/06] should not be charged the levy unless they had been formally admitted to a hospital. This Minister of State at the Department of Health instruction included not charging patients in acci- and Children (Mr. S. Power): The Deputy’s ques- dent and emergency departments who occupy tion refers to the management and delivery of trolleys. However, the decision to admit a patient health and personal social services, which are the is taken locally and practices regarding the point responsibility of the Health Service Executive at which formal admission occurs and charging under the Health Act 2004. Accordingly, the commences may vary between hospitals. I wish to Department has requested the parliamentary ensure fairness and consistency of approach affairs division of the executive to arrange to have across all hospitals and have asked the HSE for a this matter investigated and to have a reply issued report on hospitals practices in this regard. I will directly to the Deputy. revert to the Deputy when I have received the HSE’s report. Hospitals Building Programme.

Health Service Allowances. 135. Mr. Stagg asked the Ta´naiste and Minister for Health and Children if she will approve the 132. Ms B. Moynihan-Cronin asked the Health Service Executive capital plan for 2006 Ta´naiste and Minister for Health and Children and specifically phase 3C of Naas Hospital. when applicants approved in 2005 for the cu´ ram [14044/06] home care grant will be awarded payment; the number of approved applicants on the waiting Ta´naiste and Minister for Health and Children list; and if she will make a statement on the (Ms Harney): I recently received the HSE capital matter. [14012/06] plan 2006, including further information sub- sequently sought by my Department with regard Minister of State at the Department of Health to certain aspects of it. The plan, which includes and Children (Mr. S. Power): The Deputy’s ques- the proposed phase 3C development at Naas tion refers to the management and delivery of Hospital, is at present being considered by my health and personal social services, which are the Department in conjunction with the Department responsibility of the Health Service Executive of Finance. I expect to be in a position to revert under the Health Act 2004. Accordingly, the to the HSE in the near future with regard to Department has requested the parliamentary agreement on the plan. affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy. Health Services. 136. Mr. Stagg asked the Ta´naiste and Minister Departmental Properties. for Health and Children, further to Parliamentary 133. Mr. Kenny asked the Ta´naiste and Mini- Question No. 113 of 16 February 2006, the reason ster for Health and Children the amount of lands there has been no progress on this issue or if the owned by the public health services that are Health Service Executive intends to allow the unused; the location of these sites and their value; waiting list in Maynooth Health Centre to grow and if she will make a statement on the beyond seven months before taking corrective matter. [14013/06] action. [14047/06]

Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question refers to the (Ms Harney): The Deputy’s question refers to the management and delivery of health and personal management and delivery of health and personal social services, which are the responsibility of the social services, which are the responsibility of the Health Service Executive under the Health Act Health Service Executive under the Health Act 2004. This includes responsibility for the owner- 2004. Accordingly, the Department has requested ship and use of lands in the public health service. the parliamentary affairs division of the executive Accordingly, the Department has requested the to arrange to have this matter investigated and to parliamentary affairs division of the executive to have a reply issued directly to the Deputy. 2113 Questions— 6 April 2006. Written Answers 2114

Care of the Elderly. Ta´naiste and Minister for Health and Children (Ms Harney): The feasibility of introducing a vac- 137. Mr. Stagg asked the Ta´naiste and Minister cine damage compensation scheme is still under for Health and Children the reason it is taking examination in my Department. This process is at three months to compile the information sought an advanced stage and is being given priority in under Question No. 477 of 25 January 2006. the Department’s 2006 business plan. [14048/06]

Minister of State at the Department of Health Hospital Services. and Children (Mr. S. Power): The Deputy’s ques- 141. Caoimhghı´nO´ Caola´in asked the Ta´naiste tion refers to the management and delivery of and Minister for Health and Children when a sub- health and personal social services, which are the stantive reply will issue from the Health Service responsibility of the Health Service Executive Executive to Question No. 221 of 16 November under the Health Act 2004. Accordingly, the 2005. [14091/06] Department has requested the parliamentary affairs division of the executive to arrange to have Ta´naiste and Minister for Health and Children this matter investigated and to have a reply issued (Ms Harney): The Health Service Executive has directly to the Deputy. informed my Department that it is currently pre- paring a response to Question No. 221 of 16 Health Service Allowances. November 2005 and expects to be in a position to reply to the Deputy shortly. 138. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children the reason the domi- Medical Cards. ciliary care allowance is being terminated in the case of a person (details supplied) in County 142. Mr. McGuinness asked the Ta´naiste and Meath; and if she will make a statement on the Minister for Health and Children if she will matter. [14066/06] approve an application on appeal for a medical card for a person (details supplied) in County Minister of State at the Department of Health Kilkenny. [14094/06] and Children (Mr. T. O’Malley): The Deputy’s question refers to the management and delivery Ta´naiste and Minister for Health and Children of health and personal social services, which are (Ms Harney): The Deputy’s question relates to the responsibility of the Health Service Executive the management and delivery of health and per- under the Health Act 2004. Accordingly, the sonal social services, which are the responsibility Department has requested the parliamentary of the Health Service Executive under the Health affairs division of the executive to arrange to have Act 2004. Accordingly, my Department has this matter investigated and to have a reply issued requested the parliamentary affairs division of directly to the Deputy. the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the Medical Cards. Deputy.

139. Mr. Durkan asked the Ta´naiste and Mini- Health Services. ster for Health and Children when a medical card will issue in the case of a person (details supplied) 143. Mr. G. Mitchell asked the Ta´naiste and in County Kildare; and if she will make a state- Minister for Health and Children if she will hon- ment on the matter. [14074/06] our commitments made regarding home help sup- port (details supplied); if she will ensure that this Ta´naiste and Minister for Health and Children service receives full support; and if she will make (Ms Harney): The Deputy’s question refers to the a statement on the matter. [14125/06] management and delivery of health and personal social services, which are the responsibility of the Ta´naiste and Minister for Health and Children Health Service Executive under the Health Act (Ms Harney): The Deputy’s question relates to 2004. Accordingly, the Department has requested human resource management issues within the the parliamentary affairs division of the executive Health Service Executive. As these are matters to arrange to have this matter investigated and to for the executive under the Health Act 2004, my have a reply issued directly to the Deputy. Department has requested the parliamentary affairs division of the executive to arrange to have them investigated and to have a reply issued Departmental Schemes. directly to the Deputy. 140. Mr. Naughten asked the Ta´naiste and I recognise the valuable role of the home help Minister for Health and Children, further to service in enabling people, who might otherwise Question No. 235 of 12 April 2005, the current need to be cared for in institutional care, to status of the review; when a compensation remain at home where this is appropriate. I am scheme will be put in place; and if she will make aware that a high level group has been estab- a statement on the matter. [14081/06] lished, with representatives from the Health 2115 Questions— 6 April 2006. Written Answers 2116

[Ms Harney.] Minister of State at the Department of Health Service Executive and staff representatives from and Children (Mr. T. O’Malley): An integral part SIPTU and IMPACT, to address issues per- of the national disability strategy is the imple- taining to the standardisation of home help mentation of the provisions of the Disability Act services. The group held its first meeting on 23 2005 and the Education for Persons with Special March last and further meetings are scheduled. Educational Needs Act 2004. The multi-annual An additional \33 million full year cost was investment programme for disability services, allocated to the home help programme in budget published in December 2004 by the Government, 2006, \30 million of which will be for 2006 with contained details of specific commitments relat- the remaining \3 million in 2007, which will ing to the provision of specific high priority dis- enable the Health Service Executive to provide ability services over the period 2005 to 2009. This an additional 1.75 million hours nationally in programme, together with the enhancement of 2006. The additional resource will further other key support services, will be a key factor enhance the service and facilitate the expressed in building additional capacity in health services, wish of many more older people to continue to including mental health services. live in their own homes for as long as possible. The cumulative value of the multi-annual investment programme when published was \900 144. Mr. G. Mitchell asked the Ta´naiste and million, with the bulk to be spent on health Minister for Health and Children if a person services. In this regard, in 2005 the Department (details supplied) in Dublin 6 can remain in a res- made available an additional \15 million revenue pite care bed or if a suitable place can be found for the further development of mental health for them in view of the circumstances of the case; services. An additional \25 million revenue is and if she will make a statement on the being made available in 2006 for the further matter. [14127/06] enhancement of our mental health services.

Minister of State at the Department of Health Care of the Elderly. and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of 147. Ms C. Murphy asked the Ta´naiste and health and personal social services, which are the Minister for Health and Children the elements of responsibility of the Health Service Executive the home care package for the elderly that will under the Health Act 2004. Accordingly, the be put in place in 2006; who will deliver the Department has requested the parliamentary services; the way in which it is intended to ensure affairs division of the executive to arrange to have equality of service nationally; and if she will make this matter investigated and to have a reply issued a statement on the matter. [14172/06] directly to the Deputy. Minister of State at the Department of Health Mental Health Services. and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of 145. Mr. Quinn asked the Ta´naiste and Mini- health and personal social services, which are the ster for Health and Children if, as promised in responsibility of the Health Service Executive Question No. 305 of 8 February 2006, the practice under the Health Act 2004. Accordingly, the of slopping out ceased in the Central Mental Department has requested the parliamentary Hospital on or before 31 March 2006; if it did not, affairs division of the executive to arrange to have the reason this promise was not lived up to; and this matter investigated and to have a reply issued if she will make a statement on the matter. directly to the Deputy. [14128/06] Health Services. Minister of State at the Department of Health and Children (Mr. T. O’Malley): Following a visit 148. Mr. P. Breen asked the Ta´naiste and Mini- to the Central Mental Hospital by the Ta´naiste ster for Health and Children, further to Question last July, the HSE was requested to put in place No. 202 of 21 February 2006, her views on the arrangements to end the practice of slopping out. provision of insulin pump therapy for diabetics I can confirm that the practice of slopping out in the mid-western Health Service Executive area ceased in the Central Mental Hospital on Thurs- and other regional areas; her plans to introduce day, 30 March 2006. such therapy in these areas; and if she will make a statement on the matter. [14174/06] 146. Ms C. Murphy asked the Ta´naiste and Minister for Health and Children the additional Minister of State at the Department of Health funding that was provided in 2004 and 2005 to and Children (Mr. S. Power): The Deputy’s ques- specific programmes relating to the mental health tion relates to the management and delivery of elements of the Education for Persons with health and personal social services, which are the Special Educational Needs Act 2004 and the Dis- responsibility of the Health Service Executive ability Act 2005; and if she will make a statement under the Health Act 2004. Accordingly, my on the matter. [14171/06] Department has requested the parliamentary 2117 Questions— 6 April 2006. Written Answers 2118 affairs division of the executive to arrange to have this purpose, so the figure of 3.15% is an under- this matter investigated and to have a reply issued estimate. There is ongoing training provided to directly to the Deputy. develop Irish language skills in the Department, for example, in 2005, 15 staff attended courses Housing Aid for the Elderly. run by Gaeleagras, the Irish training unit for the Public Service, and two staff were awarded “An 149. Mr. Ring asked the Ta´naiste and Minister Ghaeilge Fheidhmeach” diplomas from UCD. for Health and Children when the Health Service Executive will inspect the living conditions of a person (details supplied) in County Mayo to pro- Vetting of Personnel. gress their application for the special housing aid 152. Mr. J. Higgins asked the Ta´naiste and for the elderly scheme, considering that their Minister for Health and Children if she will take application was submitted six months ago. immediate steps to ensure that a mandatory obli- [14175/06] gation is placed on every organisation working with children to carry out comprehensive vetting Minister of State at the Department of Health procedures on the employment or contracting of and Children (Mr. S. Power): The Deputy’s ques- staff. [14200/06] tion relates to the management and delivery of health and personal social services, which are the Minister of State at the Department of Health responsibility of the Health Service Executive and Children (Mr. B. Lenihan): In general, the under the Health Act 2004. This includes current policy relating to Garda vetting is to responsibility for the provision of the housing aid expand the vetting service so that it is available to scheme for the elderly, on behalf of the Depart- any organisation whose staff or volunteers would ment of the Environment, Heritage and Local have access to children or vulnerable individuals. Government. Accordingly, the Department has In this context, and as a result of the recent requested the parliamentary affairs division of expansion of the Garda central vetting unit and the executive to arrange to have this matter inves- the streamlining of existing vetting application tigated and to have a reply issued directly to the procedures, plans are well under way for the Deputy. extension of the vetting service on a phased basis to many more statutory and non-statutory organ- Accident and Emergency Services. isations. Garda clearance is already available to a large 150. Ms C. Murphy asked the Ta´naiste and number of organisations whose staff have access Minister for Health and Children the hospitals to children or vulnerable individuals. Under pro- that have accident and emergency departments cedures agreed in 1994 and 1995 Garda clearance that are equipped with cardiac monitoring equip- arrangements apply in respect of candidates for ment; and if she will make a statement on the paid employment in the health services where matter. [14176/06] they would have access to children and vulner- able individuals and in services for children and Ta´naiste and Minister for Health and Children vulnerable adults provided by external agencies (Ms Harney): The Deputy’s question relates to but funded by the Health Service Executive, the management and delivery of health and per- HSE. Among the standards in the national stan- sonal social services, which are the responsibility dards for children’s residential centres is one that of the Health Service Executive under the Health states that all staff, students and volunteers are Act 2004. Accordingly, my Department has appropriately vetted, to include references and requested the parliamentary affairs division of Garda Sı´ocha´na and-or police authority criminal the executive to arrange to have this matter inves- record checks, before taking up duties. tigated and to have a reply issued directly to the Deputy. The Child Care (Special Care) Regulations 2004 provide that the HSE or voluntary body or any other person providing or maintaining a Irish Language. special care unit will ensure that staff or others 151. Mr. O’Shea asked the Ta´naiste and Mini- who have access to children are appropriately ster for Health and Children the percentage of vetted, that is, by obtaining references and Garda the staff of her Department able to provide Sı´ocha´na and-or other police authority criminal services through Irish; and if she will make a record checks. The social services inspectorate statement on the matter. [14178/06] and the registration and inspection units of the Health Service Executive inspect children’s resi- Ta´naiste and Minister for Health and Children dential services and the special care units within (Ms Harney): For the purpose of providing their remit against such criteria. A similar pro- services through Irish, 20 staff members have vision is being considered for the child care been officially designated. This amounts to 3.15% sector. of the total number of staff. However, there are Currently, vetting is only available in respect of other staff who can provide services through Irish child care staff funded under the equal oppor- but who have not been officially designated for tunities child care programme. The Child Care 2119 Questions— 6 April 2006. Written Answers 2120

[Mr. B. Lenihan.] Partnership Agreements. (Placement of Children in Foster Care) Regu- 154. Mr. Fleming asked the Minister for Fin- lations 1995 and the Child Care (Placement of ance if negotiations or discussions are currently Children with Relatives) Regulations 1995 under way or have not been concluded that can require that foster parents or relatives, respec- be interpreted as a continuation of the Prog- tively, with whom children in the care of the HSE ramme for Competitiveness and Work agreement are to be placed give authorisation to allow the 1997; when all such discussions will be concluded HSE to obtain a statement from the Garda Sı´och- under this agreement; and if he will make a state- a´na as to whether there are any convictions ment on the matter. [13935/06] against them or any relevant member of the household and to provide the names of two ref- Minister for Finance (Mr. Cowen): The PCW erees for reference purposes. provided for local bargaining on behalf of each It is worth stressing that, irrespective of what- public service grade, subject to certain limits and ever clearance arrangements are in place, it will criteria. A deal was concluded under these terms continue to be necessary to bear in mind that in respect of practically every public service grade criminal record checks, while being capable in some years ago. PCW deals in respect of only a appropriate circumstances of making a significant small handful of public servants remain outstand- contribution to ensuring that unsuitable persons ing. My Department has been in touch with the do not secure positions of trust, are not the sole Deputy on this issue and will supply further answer to ensuring applicants’ suitability for jobs details to him directly, shortly. whether paid or voluntary particularly where chil- dren or other vulnerable persons could be open Tax Code. to abuse. There will continue to be a particular onus of care on employers-organisations to main- 155. Mr. Sargent asked the Minister for Fin- tain good practice both during the recruitment ance the action he will take regarding the sugges- stage, for example, good interviewing practice tion of his review of tax schemes relating to for- and checking references, and when it comes to estry and if he will evaluate the option of ensuring adequate supervision arrangements removing the tax free status for forestry and post-recruitment are in place both for staff and replacing it with higher up-front grants and volunteers. This has been highlighted to the longer premiums which the authors suggest may Health Service Executive in guidance issued by lead to a higher level of afforestation. [13956/06] my Department on the recruitment of staff who come within its remit and have access to children Minister for Finance (Mr. Cowen): In budget and vulnerable adults. 2005, I directed my Department, together with the Revenue Commissioners, to undertake a tho- In addition, a publication entitled Our Duty to rough evaluation of the effect of a range of tax Care was issued by my Department in 2002. incentive reliefs, including the tax exemption for Essentially it promotes good practice and pro- forestry income. The review, which was published cedures for organisations dealing with children in full along with all of the other reviews on 6 and consists of a booklet and fact-sheets covering February 2006, concluded that the relief in its areas such as safe recruitment practice, present form should be maintained and that con- developing safe management practices and poli- clusion has informed my policy approach in this cies and raising awareness of child abuse among area. volunteers and staff. The review also raised a wide range of other policy options for general consideration, includ- Site Acquisitions. ing the option of replacing the tax free status of 153. Ms C. Murphy asked the Minister for Fin- woodland gains with higher up-front grants and ance if progress has been made on the purchase premium payments. I have no plans to make of a new school site for a school (details supplied) changes to this area of the tax code. Options for in County Kildare; and if he will make a state- forestry policy generally are a matter for my col- ment on the matter. [14201/06] league, the Minister for Agriculture and Food.

Minister of State at the Department of Finance National Development Plan. (Mr. Parlon): The Commissioners of Public 156. Mr. Sargent asked the Minister for Fin- Works act as an agent on behalf of the Depart- ance the advertisements he has placed in national ment of Education and Science in the acquisition papers or elsewhere regarding his co-ordination of sites for new school facilities. Agreement on of the National Development Plan 2007-2015 to price, subject to contract, has been reached by the ensure that members of the public are aware of Commissioners of Public Works on behalf of the the consultation period. [13957/06] Minister for Education and Science for a site for the school referred to. The commissioners are Minister for Finance (Mr. Cowen): In keeping currently awaiting receipt of the contracts for with the Government’s commitment to an exten- sale. sive consultation process on the next National 2121 Questions— 6 April 2006. Written Answers 2122

Development Plan 2007-2013, my Department is resolved satisfactorily; and if the purchase has undertaking consultations on the plan with the been agreed. [14035/06] social partners, the regional assemblies, regional authorities and a number of concerned interest Minister of State at the Department of Finance groups such as the Heritage Council, Comhar, the (Mr. Parlon): The Commissioners of Public Combat Poverty Agency and the Western Works act as an agent on behalf of the Depart- Development Commission. ment of Education and Science in the acquisition These groups cover a very wide span and rep- of sites for new school facilities. Agreement has resent a broad and diverse spectrum of the public. been reached on price, subject to contract. This They include employers’ bodies and business case is currently at conveyancing. organisations, the Irish Congress of Trade Unions, representatives of the farming com- Garda Stations. munity, community and voluntary organisations, 160. Mr. Stagg asked the Minister for Finance representatives of the regions and agencies if the board of the Office of Public Works has involved in promoting sustainable development, made a final decision on the new Leixlip Garda heritage conservation, social inclusion and station; what that decision is; and when construc- regional development. In addition, every Depart- tion will commence in view of the decision. ment inputting to the preparation of the plan will [14036/06] undertake consultations as appropriate within their own areas of responsibility. In light of this Minister of State at the Department of Finance extensive and widely representative consultation (Mr. Parlon): The Commissioners of Public process, invitation of submissions through general Works have not yet made a decision in respect of press advertisements is not being undertaken. the new Garda station at Leixlip, County Kildare. An independent architectural report was received 157. Mr. Sargent asked the Minister for Fin- on 28 March 2006 in response to the submissions ance the reason for the failure to produce to date received in respect of planning consultation an ex ante evaluation of the National Develop- under Part 9. The report is currently being con- ment Plan 2007-2012; and if he has a date at sidered by the OPW and it is expected that a which such an evaluation will be available. decision will be made in a matter of weeks. [13958/06] Flood Relief. Minister for Finance (Mr. Cowen): The Econ- omic and Social Research Institute, ERSI, has 161. Mr. Stagg asked the Minister for Finance been commissioned to do an ex ante evaluation of the outcome of the meeting between officials the National Development Plan 2007-2013. The from the Office of Public Works and Kildare evaluation is still at the drafting stage. I expect County Council on 31 March 2006, to discuss the that it will be submitted for Government con- Leixlip flood relief study; and the necessary steps sideration over the next couple of months and I which Kildare County Council will have to take envisage that it will be published as soon as pos- to provide a suitable flood alleviation scheme for sible thereafter. consideration of funding. [14039/06]

Site Acquisitions. Minister of State at the Department of Finance (Mr. Parlon): In light of the flooding problems in 158. Mr. Stagg asked the Minister for Finance Leixlip and development pressures in the sur- if the negotiations on the purchase of a site for a rounding area, the Office of Public Works has school (details supplied) have reached a satisfac- agreed to undertake a local catchment flood risk tory conclusion. [14034/06] assessment and management study for the Rye River, encompassing the towns of Leixlip, Minister of State at the Department of Finance Maynooth and Kilcock. This will ultimately form (Mr. Parlon): The Commissioners of Public part of a catchment flood risk assessment and Works act as an agent on behalf of the Depart- management study for the entire Liffey catch- ment of Education and Science in the acquisition ment, which it is planned to undertake at a later of sites for new school facilities. Negotiations to stage. acquire a suitable site for the school referred to Catchment flood risk assessment and manage- have concluded. An agreement on price, subject ment plans provide a strategic overview of a river to contract, has been reached by the Commis- catchment and a context within which decisions sioners of Public Works on behalf of the Minister on the most appropriate measures to manage for Education and Science. existing and potential flood risk can be made. Subject to availability of funds, works recom- 159. Mr. Stagg asked the Minister for Finance mended by the study which are economically and if the issues raised in connection with the contract environmentally sustainable will be funded by the documents for the purchase of a site for the new Office of Public Works within its overall flood national school (details supplied) have been management programme. 2123 Questions— 6 April 2006. Written Answers 2124

[Mr. Parlon.] Minister for Finance (Mr. Cowen): Under the Kildare County Council will continue with Investor Compensation Act 1998, the Investor studies currently under way in Leixlip and its Compensation Company Ltd., ICCL, is required environs. In the context of this arrangement the to establish or maintain a fund or funds out of OPW will be willing to consider with Kildare which payments are made in accordance with the County Council whether elements of work Act. The industry is responsible for funding the recommended by the studies could be regarded compensation scheme. The scheme provides that with reasonable certainty as likely to be compat- compensation paid to eligible investors is the ible with the recommendations of the Rye lesser of \20,000 or 90% of the net losses suffered CFRAM study. The OPW is willing to consider through the default of the investment entity in providing funding to Kildare County Council to question. This is the minimum level of compen- carry out such works if they can be shown to be sation required by the investor compensation economically and environmentally sustainable. directive, Directive 97/9/EC of 3 March 1997, and is in line with the compensation levels which Tax Collection. apply in the majority of other member states. Although the European Commission is 162. Mr. Durkan asked the Minister for Fin- reviewing investor compensation schemes ance when a refund of income tax will issue in throughout the Union, I am not aware of any the case of a person (details supplied) in County plans it may have to increase compensation Kildare; and if he will make a statement on the levels. matter. [14075/06] I am conscious of the fact that many of the con- Minister for Finance (Mr. Cowen): I have been tributing firms are small scale undertakings and advised by the Revenue Commissioners that one must strike a fair balance between the there is no refund of tax due in this case. PAYE interests of investor protection on the one hand balancing statements for the years 2003, 2004 and and those of the well managed and compliant 2005 issued to the taxpayer on 4 April 2006. A firms which are being called upon to meet the net underpayment of income tax in the sum of cost of failed entities on the other hand. In the \1,230.30 arose and will be collected by reduction circumstances I have no plans at present to raise of the taxpayer’s tax credits for the years 2007 the existing compensation limit. and 2008. 165. Ms Burton asked the Minister for Finance Site Acquisitions. his plans to address the issue of private debt bor- rowing, which now stands at \268 billion accord- 163. Mr. G. Murphy asked the Minister for Fin- ing to the Central Bank, half of it accounted for ance, further to the reply to Question No. 147 of 2 by households; and if he will make a statement March 2006, if he will explain the reason a person on the matter. [14154/06] (details supplied) was not contacted as per High Court instruction so that their concerns could be Minister for Finance (Mr. Cowen): I refer the taken into account before any decision was made Deputy to my earlier reply to a question from by the Chief State Solicitor re-entering the Deputies Higgins and Deenihan on the issue of case. [14116/06] private sector debt taken on 23 February 2006. Within the implementation of the overall legis- Minister of State at the Department of Finance lative framework, private sector credit growth (Mr. Parlon): I refer to my response to Question and debt levels are, in the first instance, a matter No. 315 of 21 February 2006 which confirmed for the Central Bank and Financial Services that the State had just received sworn evidence Authority of Ireland. This follows from its role as from a party claiming entitlement to the lands in part of the European System of Central Banks question. This meant that the State has had to and its functions, as the Financial Regulator, in reconsider its options on how best to proceed. relation to the prudential supervision of financial The State may or may not now re-enter the institutions and the protection of the consumers section 30 application in court. If the State of those firms. decides to re-enter the application, the person in The Financial Regulator has already drawn question will be notified of the application in accordance with the High Court order made on attention to the need for lenders to act prudently the initial application to court dated 5 February in extending credit, especially for house purchase, 2004. and for borrowers to carefully consider their ability to service borrowings. The Financial Regu- lator, with its statutory consumer mandate, has Fiscal Policy. developed a number of specific initiatives to help 164. Mr. J. O’Keeffe asked the Minister for consumers make informed choices in terms of the Finance the proposals he has to increase the com- financial products they choose, the amount of risk pensation limit for investors arising from the fail- they take on and the cost of financial products. ure of investment of stockbroking firms; and if he These initiatives have been developed through will make a statement on the matter. [14122/06] the framework of the Financial Regulator’s It’s 2125 Questions— 6 April 2006. Written Answers 2126

Your Money campaign and have involved pub- gages which exceed 80% of the value of the prop- lishing consumer guides on credit products, fact erty; if he welcomes the new regulations; and if he sheets, cost surveys on personal loans, all of will make a statement on the matter. [14155/06] which are intended to assist borrowers in making the most appropriate credit decisions given their Minister for Finance (Mr. Cowen): The Finan- circumstances. cial Regulator is responsible for the prudential While the level of indebtedness of Irish house- supervision of Irish-licensed financial institutions holds has been increasing, the Central Bank’s and the Minister for Finance does not get most recently published financial stability report involved in matters of day-to-day supervision. I concludes that a range of fundamental factors do, however, welcome the supervisory attention such as growing employment, rising real incomes, which mortgage lending is receiving from our Fin- falling inflation and low interest rates have sup- ancial Regulator. ported the pattern of mortgage growth and This technical prudential measure reinforces associated debt levels in the economy. The report the message consistently conveyed to lending does, however, emphasise the importance of institutions by the Financial Regulator that mort- responsible behaviour by both borrowers and len- gage lending policies and practices should be pru- ders, and the need to factor into their financial dent and responsible. It is a targeted and pro- decision-making the prospective impact of portionate measure signalling the need for potential changes in the future economic responsible lending by requiring financial insti- environment. tutions to put more capital aside for higher loan In evaluating the financial position of the to value, LTV, loans. Part of the context for the private sector, it is too narrow an approach to action is, I note, changes in accounting and pro- consider the level of indebtedness in isolation visioning practices brought about by new from the asset side of the private sector’s balance accounting standards. sheet. A high proportion of household indebted- This action is fully consistent with the Financial ness in Ireland, which accounts for approximately Regulator’s functions in relation to the effective 46% of private sector indebtedness overall, supervision of financial institutions. The Financial relates to borrowing for house-purchase which, in Regulator is best placed to make the assessment turn, involves the acquisition of an asset for the that the measure is necessary in view of its households. In the same way, borrowing by the expertise in prudential supervision. business sector generally underpins investment The measure accords with best regulatory prac- and the creation of business assets yielding future tice internationally. It also reflects the recom- income. It therefore reflects the strong perform- mendations of international commentators such ance of the economy and confidence in Ireland’s as the OECD which recommended increased economic prospects. loan provisioning in its recent report on the Irish As far as looking after the interests of the indi- economy. When economic and financial con- vidual borrower and the individual investor is ditions are quite favourable, it is sensible for the concerned, the function of Government is to Financial Regulator to require mortgage lenders provide an appropriate legislative framework for to make increased provision for loans that are regulation of the financial services sector — one riskier. that is both comprehensive and robust. On foot of the progress made over recent years, especially Tax Code. in establishing the Financial Regulator with a 167. Ms Burton asked the Minister for Finance particular focus on the interests of the consumer, the way in which a company and a sub lessor, as we have such a framework in place. explained in a recent court case, was able to avail As far as overall economic and financial stab- of capital allowances in respect of the National ility is concerned, an overall measure of credit Aquatic Centre of over \2 million per annum up encompasses both public and private sector credit to a total value of \34 million despite this being and debt levels. The Minister for Finance has a a public project 100% financed by the State at a key role in this regard in ensuring prudent man- cost of over \60 million; if his attention has been agement of the budget and overall sustainability drawn to costs relating to this project, or compan- in the public finances. In this context, Ireland’s ies associated with it, which would give rise to fiscal performance is among the best in the capital allowances; the tax provision under which developed world with Government indebtedness this could arise; and if he will make a statement the second-lowest in the euro area. Responsible on the matter. [14156/06] budgetary policy has made a significant contri- bution to economic performance overall and to Minister for Finance (Mr. Cowen): I am aware the achievement of record employment levels. of the costs relating to the National Aquatic Centre and the companies associated with it. 166. Ms Burton asked the Minister for Finance However, as I indicated in my reply to a similar if he has had discussions with the Financial Regu- question put down for answer by the Deputy last lator about the new regulations requiring banks Wednesday, the Revenue Commissioners are to set aside additional capital in respect of mort- precluded for reasons of confidentiality from dis- 2127 Questions— 6 April 2006. Written Answers 2128

[Mr. Cowen.] of the Revenue measures; and if he will make a closing any details of the affairs of an individual statement on the matter. [14157/06] taxpayer and for this reason it is not possible to give a detailed reply to the Deputy’s question. Minister for Finance (Mr. Cowen): Following I am informed by the Revenue Commissioners the announcement by Revenue clarifying the that the general position is that capital allowances stamp duty treatment on purchases of shares can be claimed in respect of capital expenditure underpinning the contracts for differences, CFDs, incurred on the provision of machinery or plant my Department received strong representations under section 284(1) of the Taxes Consolidation that there would be severe consequences for the Act 1997. A claim for allowances under this pro- liquidity of the Irish stock market and thus, on vision will typically be made by an owner of the ability of Irish firms to raise capital and machinery or plant who operates the machinery potentially on the viability of stockbroking here. or plant in the course of his or her own business. I considered these representations carefully There is also provision for allowances to be and, as they seemed to have some substance, I claimed where machinery or plant is leased. came to the view that the matter needed to be Under section 298 of the same Act, a lessor who examined in more depth to assess the full con- has incurred capital expenditure on the provision sequences of any change, taking account of the of machinery or plant may claim capital allow- international nature of stock markets and the fact ances in respect of that expenditure provided that that stamp duty on shares traded in Ireland and the burden of wear and tear falls on the lessor. the UK is collected for the Exchequer via a pay- Alternatively, if the lessor chooses not to claim, ments system common to both jurisdictions, the lessee of the machinery or plant may, under CREST. section 299 of the same Act, claim the allowances In the circumstances, and having regard to the subject to a number of conditions. To qualify, the fact that the relevant stamp duty legislation pre- lessee must use the machinery or plant for the dates the development of the CFD market, I purposes of his or her trade. The machinery or decided to have the matter reviewed in advance plant must be let to the lessee on such terms that of the next budget, and issued a statement to he or she is bound to maintain the machinery or that effect. plant and deliver it over in good condition at the end of the lease and the burden of wear and tear I am advised by the Revenue Commissioners must in fact fall on the lessee. However, whether that, in the light of the planned review, with a allowances are being claimed by an owner and view to budget 2007 announcements, and of the operator of machinery or plant or by the lessor surrounding circumstances, they decided to allow or lessee of that machinery or plant, allowances the existing practices of CFD issuers to continue are only available in respect of expenditure pending the review. They further advise that, as incurred which is not met directly or indirectly by CFD business could otherwise have simply trans- the State. Section 317 of the Consolidation Act ferred to non-Irish equities, there is unlikely to provides specific provision for denying allow- be any net loss of stamp duty. ances in respect of any expenditure so met by the State. This section does not apply in respect of a Site Acquisitions. company carrying on a food processing trade on 169. Mr. J. O’Keeffe asked the Minister for the purchase of certain machinery or plant for use Finance the reason the Office of Public Works in that trade. has not completed site acquisition from Cork I am informed by the Revenue Commissioners County Council for a new Gaelscoil (details that claims for capital allowances are generally supplied) in County Cork arising from the agree- made in the annual return of income submitted ment in principle fifteen months ago; and if he by taxpayers under the self-assessment system. will arrange to ensure that the matter is finalised All returns are subject to check and audit to without further delay so that the new school can ensure that, inter alia, any allowances are cor- rectly claimed. get under way. [14158/06] Minister of State at the Department of Finance Fiscal Policy. (Mr. Parlon): The Commissioners of Public 168. Ms Burton asked the Minister for Finance Works act as an agent on behalf of the Depart- the position in respect of the payment of stamp ment of Education and Science in the acquisition duty by brokers on shares they buy to underpin of sites for new school facilities. contracts for difference; the purpose of the Contract documents have now been agreed announcement by the Revenue Commissioners, between the parties and will be signed shortly. on St. Patrick’s Day, of their intention to collect stamp duty on such contracts; if he received rep- Irish Language. resentations from the Irish Stock Exchange, brok- ers, bankers or other interests; if he has post- 170. Mr. O’Shea asked the Minister for Finance poned the Revenue’s changes, the likely loss of the percentage of the staff of his Department able stamp duty from the review and postponement to provide services through Irish. [14179/06] 2129 Questions— 6 April 2006. Written Answers 2130

Minister for Finance (Mr. Cowen): The Council conclusions refer to enhanced co-oper- Department of Finance has currently over 600 ation and co-ordination between regulators and staff members. system operators on a regional basis through co- In order to ascertain the level of expertise in ordinated information exchange and building on Irish among staff, a survey was carried out asking existing bodies such as the European energy staff to rate their ability to write, read and speak regulators group for electricity and gas. Irish and to indicate if they were willing to have their names included in a contact list for the 172. Mr. Durkan asked the Minister for Department. Communications, Marine and Natural Resources Based on this survey 33 people or some 5.5 % his proposals for an enhanced and accelerated of staff are willing to provide some level of programme for alternative and sustainable energy service through Irish to customers of the production incorporating security of supply; his Department. proposals for the utilisation of the Corrib gas field; when he expects a resolution to the issues Energy Policy. involved; if he intends to alter or amend the pro- 171. Mr. Broughan asked the Minister for cedure in respect of exploration, delivery or stor- Communications, Marine and Natural Resources age of oil, gas or other minerals; and if he will if he will report on the recent EU Heads of make a statement on the matter. [14057/06] Government decision to establish a common energy policy; the proposed timetable for a new Minister of State at the Department of common energy policy; the implications of such Communications, Marine and Natural Resources a policy for Ireland; if the Polish Government’s (Mr. Browne): Ireland currently has approxi- proposals for a new European energy security mately 790 MW of renewable capacity connected. policy akin to an energy NATO will be incorpor- This consists of approximately 520 MWs of wind ated into this new policy; if Ireland will be powered plant, 240 MW of hydro powered plant involved in a regional energy market with the with the balance, approximately 30 MWs made UK; and if he will make a statement on the up of different biomass technologies. The renew- matter. [13602/06] ables directive, Directive 2001/77/EC, obliges Ireland to develop and implement a programme Minister of State at the Department of capable of increasing the amount of electricity Communications, Marine and Natural Resources from renewable energy sources to 13.2% of total (Mr. Browne): The Taoiseach, accompanied by consumption by 2010. both the Minister for Foreign Affairs and the The target of 13.2% approximates to 1,450 Minister for Finance, attended the recent spring megawatts of installed generating capacity to be European Council. operational to the electricity network by 2010. Future energy policy for Europe was the cen- The additional new capacity required to achieve tral issue for this Council with the discussions the 1,450 MW target will be delivered by a combi- focusing on the European Commission’s recently- nation of projects under the previous AER V and published Green Paper, A European Strategy for AER VI competition, the new renewable energy Sustainable, Competitive and Secure Energy. feed in tariff, REFIT, programme, the greener The discussions on energy were very much a homes domestic grant scheme and the mineral oil first step in what promises to be a long and com- tax relief scheme. plex process. It is without doubt an issue of cen- The REFIT programme will move from com- tral importance to Ireland and the future success petitive tendering, AER, to a fixed price based of our economy. As Ireland shares many of the challenges facing the EU in the energy area, we system. I expect to be in a position to launch the will participate actively in the EU debate. programme shortly, following a public consul- The Polish Government’s specific proposals tation process which has usefully informed the around an energy treaty to deal with energy shape of the new programme. security of supply challenges were not discussed The multi-annual financial package for renew- in detail. The European Council agreed to able energy announced in budget 2006 provides \ increase security of supply through among other funding of up to 65 million over a five-year things ensuring common operational approaches period for renewable energy schemes that will to address crisis situations in a spirit of solidarity, include grants for a range of renewable heat, elec- taking subsidiarity into account. tricity and transport initiatives. The programmes The Government is progressing the develop- cover the biofuels, biomass heating, combined ment of an all-island energy market on a joint heat and power, CHP, and domestic energy sec- basis. In the longer term, enhanced intercon- tors. The first part of the programme — the gre- nection with other EU markets will deliver ener homes domestic grants scheme — was improved security of supply and greater con- launched on 27 March 2006 and provides up to sumer choice. The proposed electricity intercon- \27 million in grant aid for domestic renewable nector with the UK will be the first tangible step heat technologies, including wood pellet stoves in this direction. In that context the European and boilers, solar panels and heat pumps. 2131 Questions— 6 April 2006. Written Answers 2132

[Mr. Browne.] from it made by the Corrib pipeline technical In 2005 a pilot mineral oil tax relief scheme for advisory group within the Department. biofuels was rolled out and has resulted in eight The Deputy will also be aware that I have after projects being awarded excise relief. This will consultation with relevant parties, nominated a result in 16 million litres of biofuels being placed mediator, Mr. Peter Cassells, to work with the on the Irish transport market by next year. Build- parties. This process is ongoing. ing on the success of this scheme I have agreed I hope the mediation process, augmented as with the Minister for Finance a further targeted needed, by the results of the safety review will package of excise relief valued at \205 million, allow all those concerned to work together to which was announced in the budget. The new resolve the difficulties that have arisen. I will excise relief programme, which is subject to State- ensure that the outcome of all of these initiatives aid approval, will be rolled out from this year to is fully taken into account in making forthcoming 2010 and will enable Ireland to reach the initial decisions on the project. Should the pipeline target of 2% market penetration by biofuels by development works recommence in the near 2008. When fully operational the relief is future the developers hope to bring the gas expected to support the use and production of ashore by mid to late 2008. some 163 million litres of biofuels each year. I am I have no function in the utilisation of the gas also providing funding towards the capital cost of from the Corrib gas field. This is a matter for developing biofuels processing facilities, which the developers. will critically underpin the excise relief package. With regard to non-petroleum minerals, The Deputy will be aware that development exploration and development is undertaken by work has ceased temporarily on the proposed private enterprise and regulated under the Min- onshore pipeline for the Corrib gas field because erals Development Acts 1940 to 1999. All extrac- of concerns relating to safety. Work on the off- tion of minerals under the Acts is subject to pay- shore pipeline has been deferred to late 2006 ment of royalties to the State. While it is my while the construction work on the terminal has intention to consolidate and update those Acts been suspended due to concerns about workers’ in a new minerals development Bill currently in safety in relation to site access. With regard to preparation, I do not propose to change that the onshore pipeline safety issue, I commissioned policy. The awards to be made under the Slyne- an international consulting company, Advantica, Erris-Donegal round will be issued under these on 25 August 2005, to carry out a thorough and licensing terms. When this round has been com- independent safety review of the proposed pleted, I will turn my attention to the question upstream onshore pipeline. In parallel with this as to whether the current licensing terms remain safety review, I established a public consultation appropriate in this age of high gas and oil prices process to ensure that the concerns of the com- and the emerging tight supply position in Europe. munity would be fully addressed in the review. Under the Gas (Interim) (Regulation) Act As part of this process, a two-day public hear- 2002, the Commission for Energy Regulation, ing was held in Geesala on 12 and 13 October, CER, has the function of licensing natural gas chaired by Mr. John Gallagher SC, during which storage facilities. In carrying out its functions, the the community was given the opportunity to express its concerns directly to the consultants. commission must have regard to the need to The consultants also made a separate site inspec- ensure that there is sufficient capacity in the tion of the pipeline route. They subsequently natural gas system to enable reasonable expec- took the local concerns into account when carry- tations of demand to be met and to secure the ing out their review. The review also critically continuity, security and quality of supplies of examined all relevant documentation relating to natural gas. the design, construction and operation of the In the context of the all-island energy market pipeline and associated facilities as well as con- development framework, as part of the strategic cluding whether or not the proposed installations goals enunciated, scope for a common approach would comply with recognised international best on storage and liquefied natural gas within a practice and would deliver a facility that it is fit timeframe of 2005 to 2007, has been identified. for purpose. Advantica was also asked to identify Work is progressing in bilateral discussions in any deficiencies in relation to the safety of the both jurisdictions involving the Departments and pipeline and to make recommendations as to how regulatory authorities on this matter. these, if identified, would be remedied. In addition, Marathon Oil Ireland Ltd has The draft safety review was presented to the planned the development of natural gas storage community on 8 December 2005 and published facilities at south west Kinsale. Procedures for the on the same day. Comments were invited on the storage of gas in those facilities are a matter for draft, with a closing date of 22 December. The the leaseholder and do not fall within my remit. final report of the safety review was received in The CER is finalising the licensing regime and it the Department recently and will be published is planned that the storage facility will be oper- shortly, together with recommendations arising ational in summer, 2006. 2133 Questions— 6 April 2006. Written Answers 2134

Social Partnership Agreement. I assure the Deputy that any conservation or 173. Mr. Crowe asked the Minister for legislative measures recommended to me arising Communications, Marine and Natural Resources from the review will be considered without delay the steps he has taken to ensure that An Post and with a view to their implementation as soon workers will receive the money owed to them in as possible. respect of Sustaining Progress agreements. In the meantime, the National Fishery Man- [14059/06] agers Executive is considering appropriate fish conservation measures, including possible by- Minister of State at the Department of laws, that might be put in place in the short term. Communications, Marine and Natural Resources I am awaiting their advice, which is due (Mr. Browne): The Labour Court recommend- imminently. ation has put in train a process, which clearly involves the unions in An Post and the company, Alternative Energy Projects. with regard to the payment of the back money 175. Mr. Durkan asked the Minister for owed to An Post workers. Therefore, the Mini- Communications, Marine and Natural Resources ster has no function regarding the process but his proposals to develop the alternative energy would encourage all parties to engage as set out sector with a view to a reduction in fossil fuel in the recommendation. importation and a higher degree of compliance with the Kyoto principles; and if he will make a Fisheries Protection. statement on the matter. [13844/06] 174. Mr. Connolly asked the Minister for Communications, Marine and Natural Resources 216. Mr. Durkan asked the Minister for if, in the interests of ensuring the sustainability of Communications, Marine and Natural Resources quality fish stocks in lakes and watercourses here, his preferred options in respect of the various he will introduce a national by-law to prohibit the methods of electricity generation in the future; killing of coarse fish, enshrining the policy of the desirable proportions of hydro, wind, bio or catch and release, traditionally favoured by Irish other methods; and if he will make a statement and UK anglers; if the relevant Fisheries Acts and on the matter. [13891/06] statutory instruments will be revised to provide additional deterrents and adequate means of Minister of State at the Department of prosecution; if a national policy geared towards Communications, Marine and Natural Resources education and increasing awareness with partner- (Mr. Browne): I propose to take Questions Nos. ship based fisheries enforcement will be adopted; 175 and 216 together. and if he will make a statement on the matter. I refer the Deputy to my reply to Parliamentary [14061/06] Question No. 56 of today.

Minister of State at the Department of Telecommunications Services. Communications, Marine and Natural Resources (Mr. Browne): Under the Fisheries Acts, the fish- 176. Mr. Durkan asked the Minister for eries boards are primarily responsible for the pro- Communications, Marine and Natural Resources tection, conservation and management of inland if his attention has been drawn to recent fisheries stocks including coarse fish stocks. As expressions to the effect that the State might Minister I rely on the advice of the boards in regain some control of the Eircom infrastructure; determining policy and legislative measures if he has had discussions with any of the parties aimed at protecting these stocks. involved in this regard; and if he will make a The Central Fisheries Board is currently under- statement on the matter. [13845/06] taking a review of coarse fish policy in Ireland with a view to advising me on developing an 219. Mr. Durkan asked the Minister for informed national policy for the management, Communications, Marine and Natural Resources development and protection of this important if his attention has been drawn to the suggestion natural resource. that the State should regain control of part of the I understand that the group undertaking the Eircom infrastructure; and if he will make a state- review, whose terms of reference include, inter ment on the matter. [13895/06] alia, the establishment of the current status of the coarse fishery resource and the need for protec- 220. Mr. Durkan asked the Minister for tive legislation, expects to complete its work Communications, Marine and Natural Resources shortly and intends to forward its report to me, if his attention has been drawn the need for an following due consideration by the fisheries urgent investment in the Eircom infrastructure; boards. and if he will make a statement on the matter. The group carried out an extensive consul- [13896/06] tation process and invited submissions from the public and interested parties. The group also con- 221. Mr. Durkan asked the Minister for vened a workshop and open forum. Communications, Marine and Natural Resources 2135 Questions— 6 April 2006. Written Answers 2136

[Mr. Durkan.] tribution grid. This will further facilitate the oper- if he or his Department have studied the possible ation of third party players in the market. implications of sale or take-over of Eircom; if he has had discussions with any of the parties Question No. 178 answered with Question involved with a view to ascertaining the future No. 11. development of the infrastructure; and if he will make a statement on the matter. [13897/06] Electricity Generation. 179. Mr. Durkan asked the Minister for Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources the discussions he has had with the ESB, the wind (Mr. Browne): I propose to take Questions Nos. or alternative energy sectors in regard to the lib- 176, 219, 220 and 221 together. eralisation of the electricity market; if he has I wish to refer the Deputy to my reply to Ques- given an indication to or received proposals from tion No. 9 of today. the potential services providers in this regard; and if he will make a statement on the matter. Natural Gas Grid. [13848/06] 177. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources Minister of State at the Department of the proposals he has to develop and streamline Communications, Marine and Natural Resources the natural gas industry; and if he will make a (Mr. Browne): I refer the Deputy to my reply to statement on the matter. [13846/06] Parliamentary Question No. 54 of today.

Minister of State at the Department of Question No. 180 answered with Question Communications, Marine and Natural Resources No. 75. (Mr. Browne): Plans to develop and streamline the gas industry involve three main strands: the Energy Market Regulation. further liberalisation of the gas market to include 181. Mr. Durkan asked the Minister for domestic customers; the extension of the Com- Communications, Marine and Natural Resources mission for Energy Regulation’s, CER’s, mandate the legislative changes or proposals he has with a in the gas industry to include responsibility for view to freeing up or improving competition in the regulation of natural gas safety; and the the energy market with consequent benefit to the unbundling of Bord Ga´is E´ ireann as a vertically consumer; and if he will make a statement on the integrated utility. matter. [13850/06] Under provisions outlined in the Energy (Miscellaneous Provisions) Bill 2006 it is pro- Minister of State at the Department of posed to extend the gas market to domestic cus- Communications, Marine and Natural Resources tomer level. This will ensure that all customers (Mr. Browne): I refer the Deputy to my reply to will be able to shop around for their natural gas Question No. 26 of today. supplier and the market will be fully contestable. The legislation proposed includes a commence- Alternative Energy Projects. ment provision which ensures that the market will 182. Mr. Durkan asked the Minister for be fully open no later than the 1 July 2007 dead- Communications, Marine and Natural Resources line set by EU Directive 2003/55/EC. the extent to which he expects the development The Bill also proposes to expand the functions of alternative energy to grow, notwithstanding of the regulator to include the regulation and pro- targets already set but in view of the likelihood motion of natural gas safety, and to promote con- of a dramatically increased demand for energy in sultation with the National Standards Authority this jurisdiction over the next ten years; and if he of Ireland regarding gas safety standards. The Bill will make a statement on the matter. [13851/06] provides for the way the CER will carry out these functions by establishing and implementing a Minister of State at the Department of natural gas safety framework and by directing Communications, Marine and Natural Resources natural gas industry players to advise customers (Mr. Browne): Within the electricity market, the and the public on natural gas safety issues. renewables directive, Directive 2001/77/EC, In the recent Statutory Instrument 760 of 2005, obliges Ireland to develop and implement a prog- further implementing national and EU policy on ramme capable of increasing the amount of elec- the development of the gas market, provision was tricity from renewable energy sources to 13.2% of made for the legal unbundling of the transmission total consumption by 2010. The Minister is firmly and distribution system operations of Bord Ga´is committed to ensuring that we meet the target. E´ ireann, BGE´ . Under the provisions of this statu- Targets beyond 2010 will be determined in the tory instrument, BGE´ is required to establish a context of the development of an all-island elec- subsidiary company with responsibility for man- tricity market. The aim is to develop a long term agement of the natural gas transmission and dis- strategy to support increased renewable energy 2137 Questions— 6 April 2006. Written Answers 2138 penetration on the island as a whole. To this end 187. Mr. Durkan asked the Minister for a consultation paper entitled, 2020 Vision for Communications, Marine and Natural Resources Renewable Energy, was published in July 2005. if provision of broadband facilities here has been The responses to this paper are available on the impeded by lack of legislation or compliance with Department’s website and will inform future existing legislation with regard to access to vital policy in this area. As part of this work a major infrastructure for all potential service providers grid study is under way to examine the impli- in the industry; and if he will make a statement cations of significantly increased renewables in on the matter. [13857/06] the electricity mix on the island by 2020. Minister of State at the Department of 183. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Mr. Browne): The provision of electronic the steps he proposes to take to develop the communications services is a matter, in the first energy market in line with the backdrop of the instance, for the private sector companies EU Green Paper on energy; and if he will make operating in a fully liberalised market. a statement on the matter. [13852/06] The regulatory framework which governs the provision of electronic communications services, Minister of State at the Department of including broadband services, is set out in the Communications, Marine and Natural Resources Communications Regulation Act 2002 and regu- (Mr. Browne): I refer the Deputy to the reply to lations which transpose the EU regulatory frame- Question No. 74 of today. work for electronic communications. Responsi- bility for the implementation of the legislation 184. Mr. Durkan asked the Minister for rests with the Commission for Communications Communications, Marine and Natural Resources Regulation, ComReg. when he expects to be in a position to provide adequate research and development facilities Energy Resources. with a view to the development of alternative energy; and if he will make a statement on the 188. Mr. Durkan asked the Minister for matter. [13853/06] Communications, Marine and Natural Resources the position regarding the development of north- Minister of State at the Department of south and east-west gas or electricity intercon- Communications, Marine and Natural Resources nectors; and if he will make a statement on the (Mr. Browne): I refer the Deputy to my answer matter. [13858/06] to Question No. 104 of today. Minister of State at the Department of Communications, Marine and Natural Resources Telecommunications Services. (Mr. Browne): The security of supply of energy is 185. Mr. Durkan asked the Minister for a key policy objective. The relatively small size of Communications, Marine and Natural Resources our national electricity and gas markets under- if he has studied the report of the Joint Commit- lines the need for greater interconnection as a tee on Communications, Marine and Natural means of enhancing security of supply, promoting Resources on broadband; if he proposes to take competition and integrating the Irish electricity action to address the deficiencies highlighted and gas markets into the wider European market. therein; the timescale to achieve such objectives; The Government is fully committed to pro- and if he will make a statement on the matter. gressing the development of an east-west elec- [13855/06] tricity interconnection as a matter of priority. The Commission for Energy Regulation, at the Minister of State at the Department of Department’s request, has been engaged in a pro- Communications, Marine and Natural Resources cess of rigorous exploration of the options for (Mr. Browne): I refer the Deputy to my reply to such development. The Minister will be bringing Question No. 79 of today. the matter to Government very shortly for final decision on the mechanism to secure an east-west 186. Mr. Durkan asked the Minister for interconnection in terms of financing and devel- Communications, Marine and Natural Resources oper selection, informed by the advice of the when he expects the provision of broadband and CER. associated facilities to achieve the same levels as In November 2004, the British and Irish in other jurisdictions with whom we compete; and Governments jointly endorsed plans put forward if he will make a statement on the matter. by the CER and the Northern Ireland Authority [13856/06] for Energy Regulation for the construction of a second north-south electricity interconnector. Minister of State at the Department of Planning for the construction of the intercon- Communications, Marine and Natural Resources nector is underway by the transmission system (Mr. Browne): I refer the Deputy to my reply to operators and it is estimated that the intercon- Question No. 7 of today. nector will be operational by 2012 at the latest. 2139 Questions— 6 April 2006. Written Answers 2140

[Mr. Browne.] with the costs involved; and if he will make a The additional east-west and north-south inter- statement on the matter. [13861/06] connectors will provide enhanced system security and reliability and competition. The north-south Minister of State at the Department of interconnector development will also critically Communications, Marine and Natural Resources underpin the all-island single electricity market. (Mr. Browne): I refer the Deputy to my reply to Our established interconnection with the UK, Question No. 92 of today. which encompasses two gas interconnectors, ensures that Ireland has sufficient importation 191. Mr. Durkan asked the Minister for capacity from external sources. A south-north Communications, Marine and Natural Resources pipeline is also under construction and is sched- the investment to date in the digital hub; his uled for commissioning in October 2006. The intentions for its future development; and if he pipeline will extend from Gormanston, County will make a statement on the matter. [13862/06] Meath to Belfast. Minister of State at the Department of Telecommunications Services. Communications, Marine and Natural Resources (Mr. Browne): Expenditure at the digital hub 189. Mr. Durkan asked the Minister for since 2000 is approximately \127 million. This Communications, Marine and Natural Resources includes \76 million invested in property and when he expects the Government’s initial target infrastructure as well as \51 million in oper- for the provision of broadband to be met; and if ational costs. he will make a statement on the matter. The Digital Hub Development Agency has [13859/06] been, and will continue to be, successful in developing a digital industry cluster, as well as in Minister of State at the Department of regenerating an historic community area in the Communications, Marine and Natural Resources heart of Dublin by operating a number of signifi- (Mr. Browne): The provision of telecommunica- cant community and educational initiatives as tions services and the development and roll-out part of its role in the digital hub district. of telecommunications technology is primarily a During 2005 the Department provided \3.35 matter for the industry itself. The telecoms million to the Digital Hub Development Agency. market is fully liberalised and regulated by the Commission for Communications Regulation, Future costs will be kept under review by the ComReg, which is independent in the exercise of Department and will be subject to negotiations its functions, in accordance with the provisions of with the agency. the Communications Regulations Act 2002. On 5 October 2005, the agency announced a In comparison to other European counties, competition to develop land in the digital hub. private broadband service providers in Ireland This land is to be developed as a mixture of resi- were relatively slow in launching competitive, dential, commercial and retail properties, in affordable broadband. However, the situation is addition to public spaces. The private developers improving rapidly. In late 2004, the Government competed on the basis of bids of cash plus office set a target of 400,000 broadband subscribers to space. be achieved by the end of 2006, that is almost On 22 November 2005, the Minister announced 10% of population or 27% of households. The the acceptance of tenders for two sites, with a combined area of almost 5.6 acres for approxi- Minister’s challenge to the industry is 500,000 \ broadband subscribers by the end of 2006, which mately 118 million. In return for the land, the State will receive a combination of \72.4 million is approximately 12% of the population or 34% \ of households. in cash and 45.7 million in high-quality offices, The latest ComReg quarterly report states that which will accommodate digital enterprises as the there are 270,700 broadband subscribers as of the digital hub grows. The breakdown of the tenders end of 2005. This is equivalent to 6.6% of the means that the digital hub will receive over 13,000 population. Almost 140,000 new broadband sub- square metres or 140,000 square feet of office scribers were added in 2005, a growth rate of space. 106%. This compares to 100,000 new broadband The agency has been successful to date in grow- subscribers in 2004. The Minister is hopeful that ing the cluster with approximately 50 companies the Government target can be met. now employing an estimated 500 people in the hub. These enterprises are involved in a range of activities including games software development, Digital Hub. mobile technology, animation and television 190. Mr. Durkan asked the Minister for production. Communications, Marine and Natural Resources The digital hub has engaged with local com- the extent to which the digital hub has developed munity interests on the project from the very with particular reference to its benefit to the beginning. The consultation takes place through region; the extent to which its objectives have the unique community, public, private partner- been achieved to date; if targets met are in line ship process, which is chaired by Mr. Peter 2141 Questions— 6 April 2006. Written Answers 2142

Cassells. As a result of the consultation, the two Minister of State at the Department of private developers are required, under the terms Communications, Marine and Natural Resources of the development contract, to engage with the (Mr. Browne): I propose to take Questions Nos. local community through the partnership process. 194 and 207 together. The successful tenderers will be required to I refer the Deputy to my reply to Question No. make a planning application within six months 15 of today. and, on receipt of planning permission, to con- struct the office space offered. They must engage Broadcasting Services. with interested parties through the partnership process. The office space will facilitate the future 195. Mr. Durkan asked the Minister for expansion of the digital hub by accommodating Communications, Marine and Natural Resources digital media enterprises. The amount that will be the nature of discussions he has had or instruc- used for residential or other commercial purposes tions he has given, arising from representations will be a matter for the tenderers and the plan- from groups requesting provision of subtitling in ning authorities. respect of television services; the way in which he intends to respond to such proposals; and if he will make a statement on the matter. [13866/06] Telecommunications Services. 192. Mr. Durkan asked the Minister for Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources when he expects broadband provision, avail- (Mr. Browne): I refer the Deputy to my reply to ability and service here to catch up with the lead- Question No. 93 of 21 February 2006. ing European countries; and if he will make a statement on the matter. [13863/06] Alternative Energy Projects. 196. Mr. Durkan asked the Minister for Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources the full extent of financial assistance available for (Mr. Browne): I refer the Deputy to my reply to installation or conversion purposes in respect of Question No. 92 of 21 February 2006. houses or buildings with low insulation or energy ability; and if he will make a statement on the Broadcasting Services. matter. [13867/06] 193. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources Minister of State at the Department of the extent to which he expects the availability of Communications, Marine and Natural Resources radio and television broadcasting to expand and (Mr. Browne): I refer the Deputy to my reply to develop overseas, having particular regard to the Question No. 41 of today. needs of the Irish emigrants; and if he will make a statement on the matter. [13864/06] Postal Services. 197. Mr. Durkan asked the Minister for Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources if he is satisfied that all outstanding issues (Mr. Browne): I refer the Deputy to my reply to between management and An Post have been Question No. 18 of today. satisfactorily resolved with a view to enabling a smooth expansion and development of services, Broadcasting Legislation. including compatible or likely future services; and 194. Mr. Durkan asked the Minister for if he will make a statement on the matter. Communications, Marine and Natural Resources [13869/06] if he intends to set out guidelines in respect of radio and television and public and private broad- Minister of State at the Department of casting in the future, having particular regard to Communications, Marine and Natural Resources (Mr. Browne): I refer the Deputy to my reply to technological developments and consumer needs; Question No. 53 of today. and if he will make a statement on the matter. [13865/06] Post Office Network. 207. Mr. Durkan asked the Minister for 198. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources when he expects to be in a position to publish his if his attention has been drawn to the number of legislative proposals for the broadcasting sector; post offices or sub-post offices that have closed the extent to which he expects to interlink the down in the past four years; the effect this might public and private sector to ensure good value have on the future potential and strength of the and a high standard for the consumer; and if he network; and if he will make a statement on the will make a statement on the matter. [13882/06] matter. [13871/06] 2143 Questions— 6 April 2006. Written Answers 2144

Minister of State at the Department of posals to address the issue; and if he will make a Communications, Marine and Natural Resources statement on the matter. [13874/06] (Mr. Browne): The Minister has no statutory function in this matter. It is an operational issue Minister of State at the Department of for the board and management of An Post. Communications, Marine and Natural Resources (Mr. Browne): According to ComReg there are Telecommunications Services. over 150 companies in the Irish market with at 199. Mr. Durkan asked the Minister for least 45 different broadband offerings across a Communications, Marine and Natural Resources variety of technologies, including digital sub- if local loop unbundling has developed scriber lines, fibre, cable, leased lines and satellite sufficiently and smoothly to the benefit of the technology. In essence, there are broadband consumer; the steps he intends to take or instruc- technologies that can deliver broadband to any tions he might give to the Regulator or service broadband consumer in Ireland right now. providers in this regard; and if he will make a In order to stimulate the market and to address statement on the matter. [13872/06] a national infrastructure deficit, the Government, in partnership with local authorities, is funding Minister of State at the Department of the construction of high-speed metropolitan area Communications, Marine and Natural Resources networks in 120 towns and cities nationwide. (Mr. Browne): I refer the Deputy to my reply to These fibre optic networks are being made avail- Question No. 84 of today. able on an open-access basis, which means that telecommunications operators can enter the Mobile Telephony. broadband market without the need to build their own networks. Phase one of this programme has 200. Mr. Durkan asked the Minister for delivered fibre optic networks to 27 towns and Communications, Marine and Natural Resources cities throughout the country and a number of the way in which the quality, cost and service of operators are already using the metropolitan area the mobile telephone system here compares with networks to provide enhanced broadband those in other European countries; his proposals services to their new customers. to improve the situation from the consumers’ point of view; and if he will make a statement on The programme has been extended to a further the matter. [13873/06] 90 towns in various locations nationwide. Design and procurement has already commenced in sev- 224. Mr. Durkan asked the Minister for eral regions and construction is due to commence Communications, Marine and Natural Resources in the coming months. It is expected that these the action he will take directly or through the metropolitan area networks will be completed regulator with a view to improving the quality of during 2006 and 2007 and will allow service pro- the mobile telephone service here, with particular viders to offer world-class broadband services at reference to signal quality and elimination of competitive costs. dropped calls; and if he will make a statement on The Department also offers funding assistance the matter. [13901/06] for smaller towns and rural communities to become self-sufficient in broadband through the 227. Mr. Durkan asked the Minister for county and group broadband scheme. The Communications, Marine and Natural Resources scheme is technology-neutral, allowing the com- when he expects mobile telephone charges here munity to select the most suitable broadband to be reduced in line with the costs elsewhere in delivery platform or service provider for the area. Europe; and if he will make a statement on the To date, over 150 projects have been approved matter. [13904/06] for funding under this programme. A joint industry, Government fund of \18 mil- Minister of State at the Department of lion has been established for the broadband for Communications, Marine and Natural Resources schools programme, which will provide every (Mr. Browne): I propose to take Questions Nos school in the country with broadband by the first 200, 224 and 227 together. half of 2006. The construction or installation I refer the Deputy to my reply to Question No. phase is now underway and the project is on tar- 45 of today. get for completion within the set timeframe.

Telecommunications Services. 202. Mr. Durkan asked the Minister for 201. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources Ireland’s position regarding availability, quality the number of potential service providers which and cost of broadband services in the European have sought to provide broadband services here; league; his plans to encourage bringing the the success they have achieved to date; the services here into line other countries; and if he reasons for any delay or obstruction; his pro- will make a statement on the matter. [13875/06] 2145 Questions— 6 April 2006. Written Answers 2146

Minister of State at the Department of mission of the Ryder Cup; and if he will make a Communications, Marine and Natural Resources statement on the matter. [13883/06] (Mr. Browne): I refer the Deputy to my reply to Question No. 7 of today. 236. Mr. Stagg asked the Minister for Communications, Marine and Natural Resources Mobile Telephony. if he has made a decision to designate the Ryder 203. Mr. Durkan asked the Minister for Cup as a free-to-air sports event. [14054/06] Communications, Marine and Natural Resources his proposals to encourage the development of Minister of State at the Department of technology to combat mobile phone bullying or Communications, Marine and Natural Resources the transmission otherwise of pornographic (Mr. Browne): I propose to take Questions Nos. images or material; and if he will make a state- 208 and 236 together. ment on the matter. [13876/06] I refer the Deputies to the reply to Question No. 19 of 6 April 2006. 204. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources 209. Mr. Durkan asked the Minister for if he intends to introduce legislative or technical Communications, Marine and Natural Resources proposals to combat bullying or pornography if he has had discussions with broadcasters or through the use of text messaging on mobile potential broadcasters in the context the future phones; and if he will make a statement on the development of broadcasting services; and if he matter. [13877/06] will make a statement on the matter. [13884/06]

Minister of State at the Department of Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Mr. Browne): I propose to take Questions Nos. (Mr. Browne): I refer the Deputy to the reply to 203 and 204 together. Question No. 142 of 21 February 2006. I refer the Deputy to my reply to Question No. 14 of today. Question No. 210 answered with Question No. 11. Broadcasting Services. 205. Mr. Durkan asked the Minister for Offshore Exploration. Communications, Marine and Natural Resources 211. Mr. Durkan asked the Minister for the situation regarding the availability of digital Communications, Marine and Natural Resources television; and if he will make a statement on the if he proposes to alter or amend the conditions matter. [13880/06] under which oil, gas or other mineral exploration is undertaken with particular reference to the Minister of State at the Department of licensing regime; and if he will make a statement Communications, Marine and Natural Resources on the matter. [13886/06] (Mr. Browne): I refer the Deputy to my reply to Question No. 82 of today. Minister of State at the Department of Communications, Marine and Natural Resources Radio Broadcasting. (Mr. Browne): The terms governing the licensing 206. Mr. Durkan asked the Minister for of petroleum exploration and development are Communications, Marine and Natural Resources kept under constant review by the Department in his preferred options for the development of local light of the international market in which Ireland radio in view of the development of the industry seeks to attract exploration companies. Ireland in recent years with particular reference to sales has yet to make the breakthrough needed to or takeovers; and if he will make a statement on establish its prospecting. the matter. [13881/06] The awards to be made under the Slyne-Erris- Donegal round will be issued under the existing Minister of State at the Department of licensing terms. When this round has been com- Communications, Marine and Natural Resources pleted, the terms will be reviewed against the (Mr. Browne): I refer the Deputy to my reply to increased level of oil and gas prices in the inter- Question No. 8 of today. national market and taking account of related developments in terms elsewhere. Question No. 207 was answered with Question With regard to non-petroleum minerals, No. 194. exploration and development is undertaken by private enterprise and regulated under the Min- Broadcasting Services. erals Development Acts 1940 to 1999. All extrac- 208. Mr. Durkan asked the Minister for tion of minerals under the Acts is subject to pay- Communications, Marine and Natural Resources ment of royalties to the State. While it is intended if he expects free-to-air broadcasting or trans- to consolidate and update those Acts in a new 2147 Questions— 6 April 2006. Written Answers 2148

[Mr. Browne.] market opened fully to competition. From that minerals development Bill, it is not proposed to date, all customers have been eligible to source change that policy. their electricity from any licensed supplier and the entire market became contestable. Scope now Questions Nos. 212 and 213 answered with exists for all customers, household and non- Question No. 65. household alike, to seek out keener prices in the competitive market. This is well in advance of the Questions Nos. 214 and 215 answered with July 2007 deadline set down in Electricity Question No. 20. Directive 2003/54/EC. The opening of the market has benefited Questions No. 216 answered with Question customers by broadening customer choice. No. 175. Already some 42% of the market by volume is supplied by independent suppliers. Telecommunications Services. The CER is the independent statutory body 217. Mr. Durkan asked the Minister for responsible for regulating and overseeing the lib- Communications, Marine and Natural Resources eralisation of the electricity sector in Ireland the reason for the slow rate of progress in the under the Electricity Regulation Act 1999. Since provision of broadband services and facilities; the full market opening the CER has ensured the action he proposes to take or direction he intends support systems and processes are in place to to issue to all involved with a view to ensuring a enable new entrant electricity suppliers to serve competitive technological edge for Ireland; and if any customer in Ireland. To date suppliers have he will make a statement on the matter. focused on larger customers because this was the [13892/06] first segment of the market to open to compe- tition. This is a pattern common in other newly Minister of State at the Department of liberalising markets. Over time as suppliers target Communications, Marine and Natural Resources the domestic market, the CER expect to see (Mr. Browne): I refer the Deputy to the reply to those benefits extended to the domestic Question No. 60 of 6 April 2006. customer. In an all-island context, work is progressing on 218. Mr. Durkan asked the Minister for the development of a single electricity market. In Communications, Marine and Natural Resources June last year the CER and the Northern Ireland his plans to generate serious interest in the pro- Authority for Energy Regulation published their vision of nationwide broadband; and if he will high level decision relating to the proposed make a statement on the matter. [13894/06] design for the single electricity market. The market is planned to go live on 1 July 2007. Minister of State at the Department of The potential benefits of a mature single elec- Communications, Marine and Natural Resources tricity market include a larger, single market with (Mr. Browne): I refer the Deputy to the reply to competitive prices; open and transparent compe- Question No. 60 of 6 April 2006. tition at all levels of the marketplace; a stable and attractive investment location; improved competi- Question Nos. 219 to 221, inclusive, answered tiveness; greater security of supply; robust, inte- with Question No. 176. grated infrastructure; a more diverse energy mix; greater energy efficiency and consumer choice; Electricity Market. and longer-term savings. In accordance with the Electricity Regulation 222. Mr. Durkan asked the Minister for Act 1999, the Minister has no function with access Communications, Marine and Natural Resources to the electricity transmission and distribution if current liberalisation or deregulation pro- systems. These are matters for the system oper- cedures are sufficient to encourage competition ators subject to directions given by the CER from in the electricity market; and if he will make a time to time. statement on the matter. [13898/06] Energy Resources. Minister of State at the Department of Communications, Marine and Natural Resources 223. Mr. Durkan asked the Minister for (Mr. Browne): The conditions for competition Communications, Marine and Natural Resources are being created through progressive liberalis- the extent of the proposals he has to increase the ation of the electricity markets. Liberalisation of storage capacity in respect of oil, gas or other the electricity market has proceeded on a phased fuels; the capacity in terms of days or weeks; his basis since February 2000 under the regulatory plans to improve the situation; and if he will make oversight of the Commission for Energy Regu- a statement on the matter. [13899/06] lation, CER. In accordance with the Electricity Regulation 229. Mr. Durkan asked the Minister for Act 1999 (Eligible Customer) (Consumption of Communications, Marine and Natural Resources Electricity) Order 2003, on 19 February 2005, the his views on whether adequate oil, gas or other 2149 Questions— 6 April 2006. Written Answers 2150 fuel storage facilities are sufficient to meet future when he expects an east-west electricity intercon- requirements; if he has in mind proposals to nector to become a reality; the anticipated degree improve or enhance this capability; and if he will to which it might be used for outflows or make a statement on the matter. [13907/06] incoming electricity in the future; and if he will make a statement on the matter. [13908/06] Minister of State at the Department of Communications, Marine and Natural Resources Minister of State at the Department of (Mr. Browne): I propose to take Questions Nos. Communications, Marine and Natural Resources 223 and 229 together. (Mr. Browne): I refer the Deputy to my reply to I refer the Deputy to the answer to Question Question No. 17 of today. Nos. 28 and 108 of 6 April 2006. Renewable Energy. Question No. 224 answered with Question No. 200. 231. Mr. Boyle asked the Minister for Communications, Marine and Natural Resources the structure of renewable energy grant schemes Telecommunications Services. announced in budget 2006; and if same have been 225. Mr. Durkan asked the Minister for launched. [13965/06] Communications, Marine and Natural Resources when he expects mobile telephone roaming Minister of State at the Department of charges to be abolished; and if he will make a Communications, Marine and Natural Resources statement on the matter. [13902/06] (Mr. Browne): On 27 March, the Minister launched the “Greener Homes” grant aid pack- 226. Mr. Durkan asked the Minister for age for the domestic sector, which includes fund- Communications, Marine and Natural Resources ing for wood chip and wood pellet boilers and when he expects mobile telephone roaming stoves, solar and heat pump technologies. The charges to be abolished throughout Europe in following is a breakdown of the level of grant-aid line with recent indications at the European involved between the various technologies: Council; and if he will make a statement on the matter. [13903/06] Technology Grant Amount

Minister of State at the Department of \ Communications, Marine and Natural Resources (Mr. Browne): I propose to take Questions Nos. Wood Chip or Wood Pellet Boilers 4,200 225 and 226 together. Wood Chip or Wood Pellet Stoves 1,100 I refer the Deputy to the reply to Question No. Wood Chip or Wood Pellet Stoves with Back 23 on 6 April 2006. Boiler 1,800 Heat Pump — Horizontal Ground Collector 4,300 Question No. 227 answered with Question Heat Pump — Vertical Collector 6,500 No. 200. Heat Pump — Water (well) to Water 4,300 Heat Pump — Air Source 4,000 Alternative Energy Projects. Solar (per m2 to a maximum of 12m2) 300 228. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources The level of grant aid reflects the strong Govern- the number and capacity of wind or other alterna- ment commitment to encourage people to install tive energy generating systems currently con- renewable heat technology in their homes. tributing to the national grid or waiting to do so; The scheme is being rolled out on behalf of the if difficulties have been experienced in the matter Department by SEI and all applications are being of access to the grid; if he intends to legislate to processed through SEI. Details of the scheme and ensure ready and smooth access; and if he will application forms are available on the SEI web- make a statement on the matter. [13905/06] site, www.sei.ie/greenerhomes, and a dedicated Minister of State at the Department of low-call phone line is also open, as follows: 1850 Communications, Marine and Natural Resources 734 734. (Mr. Browne): I refer the Deputy to the reply to Question No. 232 answered with Question Question No. 40 of 6 April 2006. No. 20. Question No. 229 answered with Question No. 223. Offshore Exploration. 233. Mr. Ring asked the Minister for Energy Resources. Communications, Marine and Natural Resources when the Advantica report will be published by 230. Mr. Durkan asked the Minister for the Government in relation to the Corrib gas Communications, Marine and Natural Resources pipeline. [13970/06] 2151 Questions— 6 April 2006. Written Answers 2152

Minister of State at the Department of period for renewable energy schemes that will Communications, Marine and Natural Resources include grants for a range of renewable heat, elec- (Mr. Browne): I intend to publish the final tricity and transport initiatives. The programmes Advantica report on the safety of the Corrib gas cover the biofuels, biomass, CHP and domestic pipeline in the near future. energy sectors. As part of the programme the domestic grants Renewable Energy. package, the “Greener Homes” scheme, was launched on 27 March 2006 and provides up to 234. Mr. J. Breen asked the Minister for \27 million in grant aid for domestic renewable Communications, Marine and Natural Resources heat technologies which includes the installation the support structures and assistance he will put of wood pellet stoves and boilers, solar panels in place to aid the development of renewable and heat pumps. Sustainable Energy Ireland, SEI, energy sources which, with proper expansion and is rolling out the scheme on behalf of the Depart- support from the Government and the Com- ment. Details of the scheme and application mission for Energy Regulation, could answer the forms are available on the SEI website, energy requirements of rural and farming com- www.sei.ie/greenerhomes, and a dedicated low- munities; and if he will make a statement on the call phone line is also open, as follows: 1850 734 matter. [13971/06] 734. In addition to these initiatives, Sustainable Minister of State at the Department of Energy Ireland administers a series of prog- Communications, Marine and Natural Resources rammes aimed at supporting the integration of (Mr. Browne): The Renewables Directive, renewable technologies and sustainable energy 2001/77/EC, obliges Ireland to develop and practices across all sectors of the economy. Its implement a programme capable of increasing programmes include: the house of tomorrow the amount of electricity from renewable energy programme, which supports sustainable energy sources to 13.2% of total consumption by 2010. practices in Irish housing, by providing grant aid The target of 13.2% approximates to 1450 MW to developers of groups of housing; the public of installed generating capacity to be operational sector buildings programme which supports the to the electricity network by 2010. Currently development of energy efficient public sector Ireland has approximately 790 MW of renewable buildings; the renewable energy research capacity connected. This consists of approxi- development and demonstration programme mately 520 MW of wind powered plant, 240 MW which aims to stimulate deployment of renew- of hydro powered plant with the balance, circa 30 ables close to market and address the need for MW, made up of different biomass technologies. information and education; the large industry The additional new capacity required to energy network which promotes sustainable achieve the 1450 MW target will be delivered by energy best practice in industry; and the low projects under the previous AER V and AER VI income housing programme which aims to competitions and the new renewable energy feed upgrade low income households with energy in tariff, REFIT, programme. efficiency features. The new support programme will move from The 2005 pilot mineral oil tax relief scheme for competitive tendering, AER, to a fixed price biofuels has resulted in eight projects being based system known as the renewable energy awarded excise relief and will result in 16 million feed in tariff, REFIT. Following a public consul- litres of biofuels being placed on the Irish trans- tation process which has usefully informed the port market by next year. shape of the new programme, I expect to be in a Building on the success of this scheme, the position to launch the programme shortly. Minister agreed with the Minister for Finance a The Electricity Regulation Act 1999 provides further targeted package of excise relief valued at for the liberalisation of the entire electricity \205 million, which was announced in the budget. market for green electricity providers with effect The new excise relief programme, which is sub- from February 2000. Developers may apply ject to State-aid approval, will be rolled out from directly to the Commission for Energy Regu- this year to 2010 and will enable us to reach the lation established under the Act, for authoris- initial target of 2% market penetration by bio- ations to build wind energy electricity generating fuels by 2008. When fully operational the relief is stations and licenses to generate and supply elec- expected to support the use and production of tricity direct to final customers. Nobody is some 163 million litres of biofuels each year. The excluded from the process and any individual or Minister is also providing funding towards the group, including rural and farming communities, capital cost of developing biofuels processing may invest in renewable energy projects if they facilities, which will critically underpin the excise so wish. However, this is a commercial decision relief package. for those involved and not one in which the Mini- ster has a function. European Energy Market. The multi-annual financial package for renew- able energy announced in budget 2006 provides 235. Mr. J. Breen asked the Minister for funding of up to \65 million over a five-year Communications, Marine and Natural Resources 2153 Questions— 6 April 2006. Written Answers 2154 if, in view of statements emanating from recent Minister of State at the Department of EU summits regarding the creation of a single Communications, Marine and Natural Resources European energy market, when the urgently (Mr. Browne): A person who proposes to carry required electricity interconnectors to Britain and out dredging or removal of sand or gravel in that Northern Ireland will be operational; his views on part of the River Barrow to which the Foreshore whether they will be co-financed by the EU; and Acts apply, would have to apply to the Depart- if he will make a statement on the matter. ment for authorisation under those Acts for the [13972/06] proposed works. Any such application would have to give full Minister of State at the Department of details of the proposed operation, together with Communications, Marine and Natural Resources information on the likely environmental and eco- (Mr. Browne): The conclusions of the recent logical effects of the development so that its pos- spring European Council as well as the Com- sible implications could be assessed in detail mission’s green paper, A European Strategy for before a decision was taken on it. Sustainable, Competitive and Secure Energy, both emphasise the imperative for additional Telecommunications Services. physical capacity in order to complete the Euro- pean internal energy market, with intercon- 238. Mr. Walsh asked the Minister for nection identified as being particularly important. Communications, Marine and Natural Resources It is the Government’s policy objective to when he intends to roll-out the metropolitan area ensure that existing interconnection is augmented network to a town (details supplied) in County in the long-term interests of security of supply Cork. [14124/06] and market development, particularly in light of our small size and peripherality. Minister of State at the Department of The Government is fully committed to pro- Communications, Marine and Natural Resources gressing the development of east-west electricity (Mr. Browne): The provision of telecommunica- interconnection as a matter of priority. In line tions services, including broadband, is a matter in the first instance for the fully liberalised private with the Government’s priority wish, the Com- sector, regulated by ComReg, the independent mission for Energy Regulation, CER, at my Commission for Communications Regulation. Department’s request has been engaged in a pro- cess of rigorous exploration of the options for The Government is addressing the infrastruc- such development. The Minister will be bringing ture deficit by building high-speed open access the matter to Government shortly for decision as metropolitan area networks, MANs, in 120 towns to the mechanism to secure east-west intercon- and cities nationwide, on a phased basis in associ- nection in terms of financing and developer selec- ation with the local and regional authorities. tion, informed by the advice of the CER. Phase one of this programme has delivered fibre optic networks to 27 towns and cities throughout Further North-South interconnection has also the country, which were built on time and under been identified as essential to underpin the pro- budget. This programme has been extended to posed all-island energy market. In November over 90 towns in various locations nationwide 2004, both Governments jointly endorsed plans including 15 towns in County Cork. Cork is put forward by the CER and the Northern developing projects in respect of the following Ireland Authority for Energy Regulation for the towns: Bantry, Blarney, Carrigaline, Charleville, construction of a second South/North electricity Cobh, Dunmanway, Fermoy, Kanturk, Kinsale, interconnector. Midleton, Mitchelstown, Passage West, Ringas- Planning for the construction of the intercon- kiddy, Skibbereen and Youghal. nector is underway by the transmission system Design and procurement has already com- operators and it is estimated that the intercon- menced in the Cork region and construction is nector will be operational by 2012. due to start later this year. It is expected that these MANs will be completed during 2006 and Question No. 236 answered with Question 2007. Clonakilty is not part of the current roll-out No. 208. but may be included in further phases subject to the necessary approvals and Exchequer funding River Dredging Projects. being made available. 237. Mr. Kehoe asked the Minister for The Department’s website www.broadband.go- Communications, Marine and Natural Resources v.ie lists a number of broadband service providers the way in which a person would make an appli- already offering services in Clonakilty, County cation to dredge the River Barrow and remove Cork, using a variety of broadband technologies sand and gravel from same; the requirements in such as DSL, wireless, fibre, cable and satellite. making the application and concerns his Depart- The website gives prices for the various services ment would have; and if he will make a statement on offer, and contact details for each of the on the matter. [14086/06] companies. 2155 Questions— 6 April 2006. Written Answers 2156

239. Mr. Kehoe asked the Minister for 270,700 broadband subscribers as of end-2005. Communications, Marine and Natural Resources This is equivalent to 6.6% of the population. the percentage of the country that has ready There are also an estimated 0.6 million narrow access to broadband technology for both business band users. and domestic use; and if he will make a statement Home Internet penetration figures currently on the matter. [14148/06] stand at 18.7% of households. DSL dominates the Irish broadband market with a 75% market share. 240. Mr. Kehoe asked the Minister for However, FWA and cable are growing strongly, Communications, Marine and Natural Resources albeit from a small base. the measures which are being put in place to The official Government target is to have accelerate the roll-out of broadband technology 400,000 subscribers by end-2006, that is, almost here; and if he will make a statement on the 10% of the population or 27% of households. matter. [14149/06] The Minister’s challenge to industry is 500,000 broadband subscribers by end-2006, which is Minister of State at the Department of about 12% of the population or 34% of Communications, Marine and Natural Resources households. (Mr. Browne): I propose to take Questions Nos. 239 and 240 together. 241. Mr. Kehoe asked the Minister for The provision of telecommunications services, Communications, Marine and Natural Resources including broadband, is a matter in the first the expected timeframe for the availability of instance for the private sector companies broadband in County Wexford (details supplied); operating in a fully-liberalised market, regulated and if he will make a statement on the matter. by the independent Commission for Communi- [14177/06] cations Regulation, ComReg. The Government is addressing the infrastruc- Minister of State at the Department of ture deficit in the regions by building high-speed, Communications, Marine and Natural Resources open-access metropolitan area networks, MANs, (Mr. Browne): The provision of telecommunica- in 120 towns and cities nationwide. Phase one of tions services, including broadband, is a matter in this programme has delivered fibre optic net- the first instance for the private sector companies works to 27 towns and cities throughout the operating in a fully liberalised market, regulated country. by the independent Commission for Communi- This programme has been extended to over 90 cations Regulation, ComReg. towns in various locations nationwide. It is expected that these MANs will be completed dur- It has been clear for some time that the sector ing 2006 and 2007. These networks will allow the has failed to invest at the level necessary to keep private sector to offer world-class broadband pace with the demand for broadband, so the services at competitive costs. Department’s regional broadband programme is The Department also offers funding assistance addressing the infrastructure deficit by building for smaller towns and rural communities through high speed fibre based broadband networks, in the county and group broadband scheme. The association with the local and regional auth- scheme is technology-neutral, allowing the com- orities, in the major towns and cities. These munity to select the most suitable broadband metropolitan area networks, MANs, are open delivery platform for the area. To date, over 150 access fibre based trunk networks that will allow projects have been approved for funding under the private sector to offer world-class broadband this programme. services at competitive costs. Some 20 MANs are A joint industry-Government fund of \18 mil- now completed, including the Wexford town lion has been established for the broadband for MAN. schools programme, which will provide every The Department also administers a group school in the country with broadband by the broadband scheme which is designed to promote beginning of 2006. This is a crucial strand in the the rollout of broadband access through the strategy of integrating I CT into teaching and establishment of sustainable broadband services learning and the Department’s wider vision of in towns, villages, rural hinterlands and under- promoting the use of broadband technologies in served areas of larger towns on the basis of local local communities around the country. The and regional authority coordination and com- construction/installation phase is now under way munity driven initiatives. Under this scheme, and the project is on target for completion within broadband projects have been approved for the set timeframe. Craanford, Monaseed, Kilanerin, Ballyfad, Bally- Broadband subscriber numbers have increased thomas, Coolgreany, Bridgetown, Kilmore, Kil- hugely in the last year. Almost 140,000 new more Quay, Ballyhogu, Galbally, Bree, broadband subscribers were added in 2005, a Ramsgrange, Campile, Wellington Bridge, growth rate of 103% in 2005. This compares to Fethard-on-Sea, Duncannon, Ballyhack, Clon- 100,000 new broadband subscribers in 2004. The geen, Arthurstown, Ballycullane, Saltmills, New latest ComReg quarterly report states there are Ross rural, Gorey rural, Courtown, Riverchapel, 2157 Questions— 6 April 2006. Written Answers 2158

Ballygarrett, Ballycanew, Ballymoney, Killenagh, with the Cuban authorities on this matter. Camolin and Ballyoughter, County Wexford. [13926/06] The Department’s website www.broadband.go- v.ie gives full details of broadband availability in Minister for Foreign Affairs (Mr. D. Ahern): all areas, including ADSL, cable, fibre, satellite The Government, in common with our partners and fixed wireless. The website also lists prices in the European Union, believes that the US of the various service levels on offer and contact economic embargo on Cuba seriously hampers details for each service provider. the economic development of Cuba and nega- tively affects all of its people. EU companies Irish Language. account for at least half of all Cuba’s foreign trade. The EU rejects unilateral measures against 242. Mr. O’Shea asked the Minister for Cuba, which are contrary to commonly accepted Communications, Marine and Natural Resources rules of international trade. the percentage of the staff of his Department able In the United Nations General Assembly, to provide services through Irish; and if he will Ireland and our EU partners again voted, on 8 make a statement on the matter. [14180/06] November 2005, in favour of the annual Cuban- tabled resolution entitled Necessity of ending the Minister of State at the Department of economic, commercial and financial embargo Communications, Marine and Natural Resources imposed by the United States of America (Mr. Browne): There is no stipulated quota for against Cuba. the percentage of staff in Government Depart- The EU’s policy on Cuba is as set out in the ments who are required to be able to provide common position agreed on 2 December 1996, services through Irish. However, my Department during the then Irish Presidency. The General does have staff who can provide services through Affairs and External Relations Council reaf- Irish when required. By way of an indication in firmed the validity of the 1996 common position this regard, the latest figures available show that on Cuba on 13 June 2005. The Council’s con- approximately 8% of the overall staff of my clusions on Cuba, which were also adopted on 13 Department are either currently deemed to be June 2005, reiterated that constructive engage- proficient in Irish, in accordance with the terms ment remains the basis of the EU’s policy with of relevant Department of Finance circulars, or the ultimate aim being to encourage a process of claim proficiency in the spoken language. transition to pluralist democracy in Cuba. Unfortunately, the ongoing large-scale Miami Five Case. violation of human rights in Cuba and the 243. Mr. F. McGrath asked the Minister for unacceptable attitude of the Cuban government Foreign Affairs the position regarding the Miami towards some resident EU embassies in Havana Five case in the US; and if he will raise this matter are a serious impediment to the further develop- with the US Government. [13925/06] ment of relations with Cuba.

Minister for Foreign Affairs (Mr. D. Ahern): Irish Language. The case to which the Deputy refers relates to 245. Mr. O’Shea asked the Minister for Foreign five Cuban citizens who were convicted in the Affairs the percentage of the staff of his Depart- US, in 2001, on charges ranging from espionage to first degree murder. A panel of three judges ment able to provide services through Irish; and from the 11th circuit court of appeals in Atlanta if he will make a statement on the matter. overturned the 2001 convictions on 9 August 2005 [14181/06] and ordered a retrial based on new evidence. The Miami district attorney duly filed an Minister for Foreign Affairs (Mr. D. Ahern): appeal against the decision of the 11th circuit Some 45 departmental staff members are court of appeals. The appeal was heard on 14 sufficiently fluent in the Irish language to be able February 2006 and the decision is expected to provide services through Irish. This represents shortly. about 3% of our staffing complement, leaving As I have previously informed the House on aside staff locally recruited by Irish missions. a number of occasions, the Government has no The Department is currently in the process of standing in this matter, which is a bilateral consu- preparing a scheme under the Official Languages lar question between the US and the Cuban auth- Act 2003, which will outline proposals to ensure orities. Consequently, I do not intend to raise this better availability and a higher standard of matter with the US Government. services through Irish for our customers. The Department published a notice in the national press in March of this year inviting submissions US Economic Embargo. from interested parties concerning the prep- 244. Mr. F. McGrath asked the Minister for aration of the Department’s scheme. All sub- Foreign Affairs if he will ask the US Government missions received will be considered in the course to end the blockade of Cuba; and if he will work of preparing the scheme, which is due to be sub- 2159 Questions— 6 April 2006. Written Answers 2160

[Mr. D. Ahern.] facilities; the number of those applications made mitted to the Minister for Community, Rural and in the last round that remain to be funded; and if Gaeltacht Affairs before the end of July next. he will make a statement on the matter. The Department has already taken action to [14133/06] improve the level of service it provides through Irish. An Irish language sub-committee of the Minister for Arts, Sport and Tourism (Mr. Department’s partnership committee, the Focho- O’Donoghue): My Department is carrying out an iste Ghaeilge, has been established to consider expenditure review of the local authority swim- the implications for the Department of the ming pool programme, which is examining, Official Languages Act and to develop proposals among other things, how it has worked to date, to meet the challenges posed by the Act concern- the benefits which have accrued to the areas ing the delivery of services in Irish to the public. where pools have been built under the prog- The Department also facilitates the attendance ramme and what amendments, if any, are by staff at Irish language classes run by both Gae- required to ensure the effective and efficient leagras and Conradh na Gaeilge, and pays for delivery of the programme. On completion of this officers to attend week-long immersion courses review, the question of re-opening the prog- in the Gaeltacht that are organised each summer ramme will be considered. by Gaeleagras. The local authority swimming pool programme Arrangements are also in train to provide provides grant aid to local authorities in respect lunchtime in-house Irish classes for departmental of the capital costs of a new swimming pool, a officers who wish to improve their Irish language replacement pool or the refurbishment of an skills. It is expected that these initiatives will, over existing pool. The closing date for receipt of time, lead to an increased level and quality of applications under the current round of this prog- service provision through Irish for our customers. ramme was 31 July 2000 and since then a total of The Department’s passport offices in Dublin 57 projects have or are being dealt with. Of the and Cork, and our consular section in Dublin, as 57 projects within the programme, 18 have been well as our press section and a number of our completed and 14 pool projects are now under larger missions, including those in London and construction or are about to start construction. In Washington and the permanent representation to addition, 25 other projects are at various stages in the EU in Brussels, have officers assigned to the programme: six at tender stage, 11 at contract them who can provide services through Irish. document stage and eight at preliminary report stage. National Archives. Irish Language. 246. Ms C. Murphy asked the Minister for Arts, Sport and Tourism the consideration that has 248. Mr. O’Shea asked the Minister for Arts, been given to the establishment of a purpose built Sport and Tourism the percentage of the staff of public records office in view of the storage con- his Department able to provide services through straints in the National Archives; the advances in Irish; and if he will make a statement on the multimedia technologies that could be built into matter. [14182/06] such a new facility; and if he will make a state- ment on the matter. [14132/06] Minister for Arts, Sport and Tourism (Mr. O’Donoghue): At present, at least 15% of the Minister for Arts, Sport and Tourism (Mr. staff of my Department are able to provide O’Donoghue): The need for a new building for services through Irish. This percentage does not the National Archives has long been recognised include the staff of the National Archives who and is at this time being actively addressed by the form part of my Department but which is desig- Department of Arts, Sport and Tourism and the nated as a separate public body in the First Office of Public Works. Schedule to the Official Languages Act 2003. Modern technology is used extensively at The main focus for staff is the provision of ver- present in the production of finding aids to the bal services through Irish to telephone callers and archives and to control the provision of archives personal callers to the Department. While some to the public. However, it is available for use by staff provide services concerning written corre- the public in only limited ways. It is envisaged the spondence and documents in Irish, translation is public areas of the new building will take advan- provided in the main by external translation tage of ongoing technological advances so that services. technical developments may be fully utilised to As the Deputy will be aware, my Department the maximum possible extent. is one of the early movers under the decentralis- ation programme and as a result there are ongoing changes in staff in my Department to Swimming Pool Projects. facilitate the transfer of staff wishing to decentral- 247. Ms C. Murphy asked the Minister for Arts, ise to Killarney. The percentage of staff able to Sport and Tourism when it is intended to open provide services through Irish is therefore subject a new round of applications for swimming pool to ongoing change. 2161 Questions— 6 April 2006. Written Answers 2162

Trade Links with Cuba. group (details supplied) in 2005 when they had closed in January 2004; and the purpose for which 249. Mr. F. McGrath asked the Minister for the funding was used. [14130/06] Enterprise, Trade and Employment the position regarding trade links with Cuba; and if these links will be developed in 2006. [13923/06] Minister for Enterprise, Trade and Employ- ment (Mr. Martin): I am informed by FA´ S that a \ Minister of State at the Department of total of 75,210 in respect of redundancy pay- Enterprise, Trade and Employment (Mr. M. ments was provided to Clare local employment Ahern): Irish trade with Cuba is marginal and service in 2005. tends to fluctuate considerably. Exports to Cuba in 2005 amounted to \678,000. The principal Irish Language. exports were cork and wood products, and bever- 252. Mr. O’Shea asked the Minister for ages. Imports from Cuba in 2004 amounted to Enterprise, Trade and Employment the percent- \ 308,000. The principal imports were fruit and age of the staff of his Department able to provide vegetables, tobacco, coffee, tea and cocoa. The services through Irish; and if he will make a state- table below shows the value of exports and ment on the matter. [14183/06] imports between Ireland and Cuba in respect of the years 2001 to 2005. Minister for Enterprise, Trade and Employ- There does not appear to be any significant ment (Mr. Martin): My Department is carrying Irish investment in Cuba and there is no Cuban out a survey to ascertain the number of staff who investment in Ireland. Enterprise Ireland is the would be able to provide services through Irish, agency of my Department with responsibility for and also to identify the level of written and the development of indigenous industry in spoken Irish language proficiencies within the Ireland, including trade promotion abroad. Department. Therefore, I am unable to provide Enterprise Ireland’s client companies do not the Deputy with an exact figure at this juncture. regard Cuba as a priority market. Resources are While the survey is being carried out in concentrated on markets that show better pros- advance of my Department being notified to pre- pects of development at this stage. Ireland does pare a statutory scheme under the Official Langu- have an air transport agreement with Cuba. ages Act 2003, we remain committed to providing a quality service to all of our customers, including Year Exports Imports those who wish to conduct their business through \000 \000 Irish. Any person who corresponds with my Department in Irish will receive a reply in Irish 2001 880 1,217 and all key departmental reports and documents 2002 189 941 are published simultaneously in English and Irish. 2003 521 1,263 2004 778 500 Social Welfare Benefits. 2005 678 308 253. Mr. Deasy asked the Minister for Social and Family Affairs his views on paying the free telephone allowance to qualifying recipients as Redundancy Payments. part of their weekly social welfare payment; and if he will make a statement on the matter. 250. Mr. N. O’Keeffe asked the Minister for [13911/06] Enterprise, Trade and Employment the reason for the delay in having redundancy payments Minister for Social and Family Affairs (Mr. made to a person (details supplied) in County Brennan): The household benefit package of free Cork. [14098/06] schemes comprises the electricity and gas allow- ance, telephone allowance and free television Minister of State at the Department of licence and is available to people living perma- Enterprise, Trade and Employment (Mr. nently in the State who satisfy specific qualifying Killeen): A claim for payment of a statutory criteria. The telephone allowance is applied as a redundancy lump sum out of the social insurance cash credit on recipients’ telephone bills. The fund was received in the Department in respect value of the allowance is set at \20.41 per month of the person concerned on 28 March 2006. Nor- — \40.82 per two months — excluding VAT. mally, it takes four to six weeks to issue a lump Applying the allowance in this way assists the sum payment. When the supporting docu- recipient in managing their household budget. mentation is received from the employer, I can A survey carried out as part of the review of arrange to expedite the payment to the person the free schemes and published in 2000 indicated concerned as a matter of urgency. that the majority of respondents favour retaining the household benefit package of free schemes in 251. Mr. Morgan asked the Minister for preference to a cash payment. The respondents Enterprise, Trade and Employment the reason stated that they would not be able to avail of the Government funding was made available to a 2163 Questions— 6 April 2006. Written Answers 2164

[Mr. Brennan.] The legislation requires that an application to services covered by the schemes without the postpone payment must be made in writing; that benefit of the household benefit package. the maximum duration of the postponement of benefit will be six months, and that payment will 254. Mr. McGuinness asked the Minister for resume within seven days following written notifi- Social and Family Affairs if rent allowance has cation of the baby’s discharge from hospital. Pay- been approved in the case of a person (details ment will then resume until the full duration of supplied) in County Kildare; if an increased benefit is completed. Any further amendments to amount has been granted; and if arrears will be these provisions would be a matter for my col- granted. [13941/06] league, the Minister for Justice, Equality and Law Reform to consider in the first instance. Minister for Social and Family Affairs (Mr. Brennan): The supplementary welfare allowance Pension Provisions. scheme, which includes rent supplement, is administered on my behalf by the community 256. Mr. G. Mitchell asked the Minister for welfare division of the Health Service Executive. Social and Family Affairs if he will amend the Neither I nor my Department has any function in rules regarding the means test for senior citizens decisions on individual claims. This case concerns applying for the non-contributory pension where rent supplement. The Health Service Executive a person can have up to \190,500 disregarded has confirmed that the person concerned has from the proceeds of the sale of their home, but requested a review of the amount of rent sup- if they borrow or sell a share of their home they plement in payment. The executive has advised are not entitled to any disregard; and if he will that details of earnings from the person con- make a statement on the matter. [13992/06] cerned have been requested and a decision on her entitlement will be made when this information Minister for Social and Family Affairs (Mr. has been supplied. Brennan): I assume the Deputy is referring to equity release products. These and other similar 255. Dr. Cowley asked the Minister for Social products allow home owners to benefit from and Family Affairs his views, in the case of babies some of the capital tied up in their homes, while born prematurely, of an additional interim continuing to live in them. The introduction of maternity payment for the parents, to ensure that these products has implications for social assist- families do not run into financial hardship while ance payments where the claimant is aged 65 caring for these premature babies, who very often years or over. have to reside in Dublin for long periods; and if Social assistance payments are designed to he will make a statement on the matter. provide financial support for people who do not [13966/06] qualify for one of the contributory pension or benefit schemes. Entitlement to these payments Minister for Social and Family Affairs (Mr. is based on a means test which is intended to Brennan): The Deputy is referring to situations ensure that available resources are targeted at where a new baby is hospitalised for an extended those most in need. Accordingly, any resources period after birth and implications arising from that a claimant and his or her spouse or partner that situation where entitlement to maternity may have are assessed. These resources may benefit and maternity leave is of a defined dur- include cash income, property or an asset which ation. Entitlement to maternity benefit is contin- could bring in money or provide the claimant gent in the first instance on entitlement to statu- with an income. tory maternity leave. The right to maternity leave Sums of money raised through equity release is established under maternity protection legis- schemes are assessable under the Department’s lation, which is the responsibility of my colleague capital assessment rules. Under this method the the Minister for Justice, Equality and Law first \20,000 of the capital is disregarded; the next Reform. \10,000 is assessed at \1 per \1,000; the next This issue was considered in conjunction with \10,000 is assessed at \2 per \1,000 and any sums the social partners in the context of a review of remaining in excess of \40,000 are assessed at maternity protection legislation in 2001. The \4.00 per \1,000. These allowances are doubled recommendation was that in the event of hospi- in the case of a couple. Sums of money which are talisation of a child, an employee should be able spent or disposed of immediately are not included to return to work after a minimum of 14 weeks in the means assessment. maternity leave, retaining her entitlement to take The sale of residence provisions, to which the the balance of her leave when her baby was dis- Deputy also refers, are designed to facilitate cer- charged from hospital. With effect from October tain persons in receipt of a means tested payment 2004, the legislation was amended to provide for from this Department in selling their principal these situations. Where maternity benefit has residence for the purpose of buying or renting been in payment for a minimum period of 14 alternative accommodation; moving into a private weeks, payment may be postponed where the nursing home; moving in with a carer in receipt baby has been hospitalised. of carer’s allowance or carer’s benefit in respect 2165 Questions— 6 April 2006. Written Answers 2166 of them or moving to sheltered or special housing the payment which is more advantageous to him in the voluntary, co-operative, statutory or or her. private sectors. The remaining balance of the gross proceeds of the sale of the residence is Irish Language. exempt from the means test, subject to a ceiling of \190,500. 258. Mr. O’Shea asked the Minister for Social These provisions apply to recipients of dis- and Family Affairs the percentage of the staff of ability allowance, blind person’s pension and his Department able to provide services through those over 66 years of age who receive a means Irish; and if he will make a statement on the tested payment from this Department and are matter. [14184/06] intended to facilitate choice for certain people who might previously have been living alone or Minister for Social and Family Affairs (Mr. in unsuitable accommodation. In contrast, equity Brennan): My Department recognises the rights of customers under the Official Languages Act release arrangements are designed to provide an 2003 to be dealt with in Irish if they so wish and income stream for older people and it is con- every effort is made to ensure that service sidered appropriate that these should be assessed through Irish is available and of a very high stan- for means test purposes. dard. In line with our responsibilities under the Act, staff of front-line areas have been encour- Social Welfare Benefits. aged and facilitated to attend training courses in 257. Ms Shortall asked the Minister for Social Irish language usage. In 2004 and 2005 a total of and Family Affairs the implications in terms of 235 staff from front-line areas attended training primary and secondary benefits for a carer pen- courses which varied from week-long courses in sioner on a contributory old age pension who Gaeltacht areas to “tailored” in-house courses of switches to carer’s allowance in view of the fact six days duration. The training programme for my that the rate of the latter is now higher; and if he Department for 2006 includes further Irish train- will make a statement on the matter. [14089/06] ing courses and it is planned to continue such courses in the future. Minister for Social and Family Affairs (Mr. It is not possible to state categorically what per- Brennan): The carer’s allowance is a social assist- centage of staff is able to provide service in Irish ance payment which provides income support to at present. In line with Part 3 of the Official Lang- people who provide certain elderly or incapaci- uages Act, my Department has submitted to the tated persons with full-time care and attention Minister for Community, Rural and Gaeltacht and whose incomes fall below a certain limit. Affairs a draft scheme setting out the services it From January this year the maximum rate of provides through English only; the services it pro- carer’s allowance for a carer over 66 years of age vides through Irish only; the services it provides increased from \169.80 to \200 per week. The in both languages, and the steps it will adopt to maximum rate of the old age contributory pen- ensure improvement in the service in Irish. sion increased to \193.30 per week. While the maximum rate of carer’s allowance Driving Tests. is higher than the maximum rate of old age con- 259. Dr. Cowley asked the Minister for Trans- tributory pension, a number of secondary pay- port if his attention has been drawn to a situation ments can be paid with old age contributory pen- in Ballina, County Mayo where driving tests, sion which are not paid with carer’s allowance. which are only held every second week due to a These include qualified adult allowance, living lack of testers, have been cancelled for the fore- alone allowance and fuel allowance. seeable future due to the installation of the From June 2005, the respite care grant scheme sewerage scheme; the alternatives which are was extended to all carers who provide full-time available to the people of Ballina and surround- care to a person who needs such care. This means ing areas; and if he will make a statement on the the grant is now paid to carers who provide full- matter. [13950/06] time care and who are either in receipt of a social welfare payment such as old age contributory Minister for Transport (Mr. Cullen): It is pension or carer’s allowance or those who do not regrettable that driving tests cannot be conducted receive a weekly social welfare payment from in the town of Ballina at present. I am informed the Department. this is due to streets being closed off in the centre Therefore, it may be more advantageous for a of the town for the installation of a sewerage person to remain in receipt of old age contribu- scheme. The work has affected all driving test tory pension. If a person wishes to have his or her routes. My officials have been in regular contact eligibility for carer’s allowance assessed under the with both Mayo County Council and the supervis- current rules, he or she should contact carer’s ory tester is assessing the situation with a view to allowance section, Government Buildings, Ballin- finding a suitable alternative route. The priority alee Road, Longford. A person who qualifies for is to find alternative test routes at the earliest two social welfare payments will always receive opportunity. A senior official of my Department 2167 Questions— 6 April 2006. Written Answers 2168

[Mr. Cullen.] (Railway Infrastructure) Act 2001, the inspector will meet with the supervisory tester in Ballina on acts in an independent capacity and therefore, it Monday next to see how we can advance a sol- is a matter for him as to when he submits his ution to this issue. In the meantime, arrange- report. ments can be made for any applicant who needs In making my decision on granting the railway an urgent test date to be tested in Castlebar, Sligo order, I am obliged under section 43 (1) of the or any other centre of his or her choice. 2001 Act to consider the report of the inquiry as well as the submissions I received in respect of Railway Stations. the project, CIE’s application for a railway order and the draft order and documents which 260. Mr. Durkan asked the Minister for Trans- accompanied the application. At this point, it is port if the proposed new rail station at Spencer not possible for me to say what timeframe I will Dock will cater for commuter trains from New- require to give all these documents due and bridge, Sallins, Hazelhatch, Kilcock, Maynooth, proper consideration. Leixlip and Confey, having particular regard for the urgent commuter needs of the area and in accordance with indications given to the Joint Public Transport. Committee on Transport; and if he will make a 263. Mr. Stagg asked the Minister for Transport statement on the matter. [13999/06] when he expects to make a decision on funding additional buses for Dublin Bus following the Minister for Transport (Mr. Cullen): The new submission of their network review; and the con- rail station in the Docklands will connect to the straints which are on him due to the Government existing Maynooth line and will allow Irish Rail partner’s views on privatisation of bus routes. to run two additional peak services from [14041/06] Maynooth into the station when it becomes oper- ational at the end of 2007. The proposed Clonsilla 265. Ms C. Murphy asked the Minister for to Dunboyne line is expected to reopen in 2009 Transport if, in view of the findings of the Dublin and at that point all services from Dunboyne will Bus network review, funding will be made avail- also serve the Docklands station. able for the purchase of 200 new buses to meet The station will not cater for services on the the demand for bus services in the greater Dublin Kildare line. However, the needs of commuters area; and if he will make a statement on the along the Kildare line catchment areas will be matter. [14087/06] addressed through the Kildare route project, involving quadrupling the critical section of track Minister for Transport (Mr. Cullen): I propose between Cherry Orchard and Hazlehatch. This to take Questions Nos. 263 and 265 together. work will allow separation of long distance and The bus network review was submitted to my commuter services and thus improve speed and Department by Dublin Bus on 2 March 2006. capacity for commuter services as well as for Dublin Bus submitted an application for funding Intercity services. to me on 20 January 2006 for additional fleet requirements for 2006 and 2007. My Department 261. Mr. Stagg asked the Minister for Trans- is examining this application in the context of port, further to Question No. 518 of 21 March Transport 21, the future bus needs of the Dublin 2006, when tenders will be invited for the con- area, and the bus network review. I will make a struction of the new station. [14037/06] decision on the application when the assessment Minister for Transport (Mr. Cullen): I under- has been completed and having regard to the out- stand from Iarnro´ dE´ ireann that the preparation come of my deliberations on the reform of the of tender documents for the construction of the bus market, which I intend to conclude in the new Docklands station is underway and that it coming weeks. hopes to invite tenders for construction in May 2006. Road Network. 264. Mr. Stagg asked the Minister for Transport Rail Network. the amount of State expenditure on the M50 prior 262. Mr. Stagg asked the Minister for Transport to the establishment of the National Roads Auth- if he received the inspector’s report on the public ority. [14045/06] inquiry into the Kildare route project; and the estimated timeframe before he will either confirm Minister for Transport (Mr. Cullen): The or reject the railway order. [14038/06] National Roads Authority, NRA, was established in 1994 under the Roads Act 1993. Prior to this, Minister for Transport (Mr. Cullen): The funding of the M50 was the direct responsibility public inquiry into the Kildare route project was of the then Department of the Environment and held from 24 January to 2 February this year. I Local Government and the local authorities am now awaiting the inspector’s report of the through whose areas the M50 passed. It has not inquiry. Under the provisions of the Transport been possible to identify the precise figure 2169 Questions— 6 April 2006. Written Answers 2170 requested by the Deputy in the time available. Driving Test Centres Number of testers However, my Department will forward the infor- assigned to test centres at mation to him as soon as possible. 3/4/06

Question No. 265 answered with Question Monaghan 2 No. 263. Sligo 2

= Driving Tests. South East Region No. of Supervisors 1 Carlow 1 266. Ms Shortall asked the Minister for Trans- port the number of driver testers and their grades Clonmel 2 in each test centre. [14104/06] Dungarvan — Kilkenny 2 Minister for Transport (Mr. Cullen): The fol- Nenagh — lowing table sets out the supervisory driver Portlaoise 1 testers assigned to each region and the test centres in each region where driver testers are Thurles — headquartered. Driver testers are assigned from Tipperary — headquarter centres to meet the demand in other Waterford 4 centres. In addition, there is a chief tester and one Wexford 4 supervisory driver tester who works full time as a training and standards co-ordinator. South West Region No. of Supervisors = 2 Cork 12.5 Driving Test Centres Number of testers assigned to test centres at Killarney 2 3/4/06 Kilrush — Limerick 4 North Leinster Region No. of Supervisors = 2 Mallow — Finglas 16.5 Newcastle West — Raheny 8 Shannon — Dundalk — Skibbereen 1 Mullingar — Navan 1 Tralee 2

South Leinster Region No. of Supervisors = 2 Churchtown/Rathgar 16 267. Ms Shortall asked the Minister for Trans- Tallaght 10 port the basis for his conclusion that the existing Gorey — number of driver testers plus ten new recruits is Naas 2 sufficient to meet the underlying demand for driving tests, in view of the fact that 130,000 Tullamore — people are on the waiting list and a further Wicklow — 270,000 people hold provisional licences. West Region No. of Supervisors = 1 [14105/06] Athlone 2 Birr — Minister for Transport (Mr. Cullen): In the Castlebar 2.5 past, the core of driver testers were in a position Clifden — to meet the underlying demand for tests within a ten week waiting time. The present backlog of Ennis 3 more than 130,000 tests is due to a period of Galway 6 exceptional demand in 2003. However, the under- Loughrea 2 lying level of demand has returned to its pre-2003 Roscommon 1 level. While the number of testers can deal with Tuam 1 the number of applications coming in they cannot deal with the backlog. That is why I brought for- North West Region No. of Supervisors = 1 ward proposals to address the backlog. Ballina — Buncrana — Vehicle Licences. Carrick-on-Shannon 2 268. Ms Shortall asked the Minister for Trans- Cavan 4 port if he will provide a breakdown of the Donegal — number of bus licences issued by his Department Letterkenny 3 by each category of licence in the last year for which figures are available; and the price of the Longford — licence in each category. [14107/06] 2171 Questions— 6 April 2006. Written Answers 2172

Minister for Transport (Mr. Cullen): Prior to of the provisional licences is as set in the follow- obtaining a passenger licence from my Depart- ing table: ment, an applicant must first obtain a public service vehicle licence from the Garda Sı´ocha´na. Provisional Count Number of People The Garda must be satisfied that the character and previous conduct of the applicant are such 1st provisional licence 209,647 that the applicant is a fit and proper person to 2nd provisional licence 100,780 hold a licence; the vehicle is safe for the carriage 3rd provisional licence 39,676 of passengers and complies with roadworthiness 4th provisional licence 31,455 regulations under the Road Traffic Acts and the use of the vehicle as a public service vehicle is 5th or more provisional licence 29,044 covered by insurance. Total 410,602 My Department issues three categories of pass- enger licence, and the details and cost of each are set out in the 1932 Act. An annual continuous licence operates every week of the year and the 271. Ms Shortall asked the Minister for Trans- fee is \7.62. An annual seasonal licence operates port the number of current provisional licences; for the season to which it relates, such as that and if he will provide a breakdown of these into applying to a tour or college, and the fee is \5.08. the various categories of licences by first, second, An occasional passenger licence operates for a third licence and so on. [14110/06] specific event and expires once the event, such as a concert or race week, finishes. The fee is \0.63 Minister for Transport (Mr. Cullen): I have for one event or \5.08 for more than one event requested the breakdown of provisional licences such as a race week. These fees will be revised as by category from the Department of Envir- part of the reform of the 1932 Act. onment, Heritage and Local Government, who From 1 January 2005 to date, my Department hold and administer the national driver file. The issued 161 licences to private bus operators, the information will be forwarded to the Deputy as breakdown being 28 annual continuous licences, soon as it is available. 56 annual seasonal licences and 77 occasional licences. These licences are granted under the Road Traffic Regulations. provisions of the Road Transport Act 1932. Pro- 272. Ms Shortall asked the Minister for Trans- posals to provide for the replacement of that Act port the way in which private ambulances are with a modern legislative code, which will result regulated and licensed in terms of road traffic in the development of a new regulatory frame- requirements; the statutory instruments that work governing public transport generally, are apply; if a register is kept; if so, by whom and the being advanced in my Department. access gardaı´ have to such a register. [14111/06]

269. Ms Shortall asked the Minister for Trans- 273. Ms Shortall asked the Minister for Trans- port where details of bus licences are published; port the way in which vehicles whose sole pur- and if he will make a statement on the matter. pose is on-road advertising are regulated and [14108/06] licensed in terms of road traffic requirements; the statutory instruments that apply; the charges that Minister for Transport (Mr. Cullen): The apply; if a register is kept and if so by whom; and details of all bus passenger licences issued by my if he will make a statement on the matter. Department are available on request from the [14112/06] bus licensing division of my Department. Copies of all licences where requested are also available 274. Ms Shortall asked the Minister for Trans- free of charge. port the way in which open top tour buses are regulated and licensed in terms of road traffic Driving Licences. requirements; the statutory instruments that 270. Ms Shortall asked the Minister for Trans- apply; the charges that apply; if a register is kept port the number of drivers on a full driving and if so by whom; and if he will make a state- licence; the number on a provisional licence ment on the matter. [14113/06] broken down by first, second, third and fourth Minister for Transport (Mr. Cullen): I propose provisional licences and so on; and if he will make to take Questions Nos. 272 to 274, inclusive, a statement on the matter. [14109/06] together. An extensive range of requirements must be Minister for Transport (Mr. Cullen): The satisfied to use a vehicle in a public place. In this Department of Environment, Heritage and Local regard, all vehicles, including those of the type Government, which holds and administers the referred to by the Deputy, are required to comply national driver file, has advised that 410,602 pro- with statutory requirements relating to the con- visional licences and 1,955,782 driving licences struction, equipment lighting and use of vehicles were current at 31 March 2006. The breakdown as set out in the Road Traffic (Construction, 2173 Questions— 6 April 2006. Written Answers 2174

Equipment and Use of Vehicles) Regulations Minister for Transport (Mr. Cullen): The oper- 1963 to 2002, the Road Traffic (Construction and ation of a system of provisional driving licences is Use of Vehicles) Regulations 2003 to 2004 and a national matter. It is not a matter subject to the Road Traffic (Lighting of Vehicles) Regu- negotiations in respect of recasting EU Directive lations 1963 to 1996. In accordance with the 91/439 on driving licences. European Communities (Vehicle Testing) Regu- lations 2004, commercial vehicles, ambulances Irish Language. and buses are liable to roadworthiness testing 277. Mr. O’Shea asked the Minister for Trans- when they are one year old and every year port the percentage of the staff of his Department thereafter. able to provide services through Irish; and if he All mechanically propelled vehicles are subject will make a statement on the matter. [14185/06] to the road traffic requirements under the Road Traffic Act 1961 to 2005 and the regulatory pro- Minister for Transport (Mr. Cullen): A total of visions of Road Traffic (Traffic and Parking) 4% of staff in my Department have indicated Regulations 1997-2005. There is no separate their ability to provide services through Irish. licensing, register keeping or charging process in operation in terms of road traffic requirements Ferry Services. under the Road Traffic Acts for different types of vehicles including the types referred to by the 278. Mr. J. O’Keeffe asked the Minister for Deputy. Community, Rural and Gaeltacht Affairs the future that is envisaged for the Cape Clear ferry service and the support that will be available to Driving Tests. ensure its continued existence. [14118/06] 275. Ms Shortall asked the Minister for Trans- port the number of driving testers employed by Minister for Community, Rural and Gaeltacht the State in each of the past ten years. [14115/06] Affairs (E´ amon O´ Cuı´v): The company Naomh Ciara´in II Oilea´n Cle´ire Teo is in receipt of a sub- Minister for Transport (Mr. Cullen): The sidy from my Department to provide a passenger number of driving testers employed by the State and cargo service to Oilea´n Cle´ire for the period in each of the past ten years is outlined in the 1 June 2001 to 31 May 2006 using the State- following table. The number given is the end of owned vessel, Naomh Ciara´in II. My officials are year figure. examining the different options available in order to ensure continuity of service from 1 June 2006 Year Number of Driver Testers onwards and are in consultation with the com- employed pany and the island co-operative in this regard.

1995 72 Calafoirt agus Ce´anna. 1996 70 1997 68 279. D’fhiafraigh Mr. McGinley den Aire Gno´ - thaı´ Pobail, Tuaithe agus Gaeltachta an bhfuil 1998 74 iarratas ina Roinn le haghaidh deontais do Che´ 1999 101 Chladach na gCaorach i gCill Charthaigh, cad e´ 2000 107 an obair ata´ le de´anamh, cad e´ costas measta na 2001 119 hoibre agus an bhfuil se´ ar intinn aige deontas a 2002 114 cheadu´ . [14129/06] 2003 122 Minister for Community, Rural and Gaeltacht 2004 122 Affairs (E´ amon O´ Cuı´v): Ta´ iarratas ar chu´ namh 2005 120 i leith oibreacha e´agsu´ la ar an gce´ibh ata´ luaite ag an Teachta a´ mheas ag mo Roinn faoi la´thair. Cuirfear san a´ireamh e´ nuair ata´ cla´r oibre na gce´ibheanna beaga a´ chur le che´ile go luath. 276. Ms Shortall asked the Minister for Trans- port if discussions have taken place between him Irish Language. or his officials and the Commission or Council, in the context of the revision of the 1991 Driving 280. Mr. O’Shea asked the Minister for Com- Licence Directive (91/439/EEC) regarding the munity, Rural and Gaeltacht Affairs the percent- compatibility with Community law of the issue by age of the staff of his Department able to provide Ireland of provisional driving licences that auth- services through Irish; and if he will make a state- orise the driving of vehicles on public roads by ment on the matter. [14186/06] unaccompanied persons who have not yet Minister for Community, Rural and Gaeltacht attempted the national driving test or have Affairs (E´ amon O´ Cuıv): In line with the commit- attempted but failed that test; and if he will make ´ ment in my Department’s scheme under the a statement on the matter. [14131/06] 2175 Questions— 6 April 2006. Written Answers 2176

´ ´ [Eamon O Cuı´v.] The definition of peat soils used by my Depart- Official Languages Act, the Department is com- ment is taken from the Peatlands of Ireland, Soil mitted to securing an adequate number of staff Survey Bulletin by R.F. Hammond, 1979. It con- competent to provide service through Irish in all stitutes a peat layer greater than 30 cm on divisions of the Department. While it is difficult drained peats and greater than 45 cm on to come up with a method of precisely measuring undrained peats. proficiency levels, I am reasonably confident that Based on research and the Good Practice approximately 30% of the staff in my Depart- Guidance for Land Use, Land-Use Change and ment are capable of providing services through Forestry of the Intergovernmental Panel on Irish. Climate Change, IPCC, an emission factor of 14.66 tonnes of carbon dioxide, per ha., per year Grant Payments. for the first four years following afforestation is applied to peat soils. This amount is deducted 281. Mr. Walsh asked the Minister for Agri- from the carbon dioxide uptake by the growing culture and Food if payment of the single farm forest. payment scheme will be made to a person (details In accordance with the IPCC good practice supplied) in County Cork. [13928/06] guidance, soil emissions are not applied to forest Minister for Agriculture and Food (Mary land which is harvested. The estimated areas of Coughlan): An application under the single pay- peat soils afforested each year from 1990 to 2004, ment scheme was received from the person and projected over the period 2005-12, used as named on 13 May 2005. The person named has the basis for calculating carbon sequestration submitted an application for the transfer of single over the period 2008-12, the first commitment payment entitlements by way of the inheritance period of the Kyoto Protocol, and supplied in measure. The applicant has been notified that her connection with Article 3.3 of the Kyoto Protocol application was successful and payment will are set out in the following table. issue shortly. Year Total afforestation (ha) Area of peat soils afforested Estimated 282. Mr. McGuinness asked the Minister for from 2005 to 2012 Agriculture and Food if a single farm payment (ha) application will be expedited in the name of a person (details supplied) in County Kilkenny. 1990 15,817 8,968 [13933/06] 1991 19,147 8,769 Minister for Agriculture and Food (Mary 1992 16,699 7,481 Coughlan): An official of my Department has 1993 15,998 7,263 been in direct contact with the person named con- 1994 19,459 8,387 cerning the activation of her entitlements under 1995 23,710 10,551 the 2005 single payment scheme. While no pay- 1996 20,981 9,672 ment is due under the 2005 scheme, as the person named did not declare any lands, my officials 1997 11,434 4,974 have clarified matters for the person named in 1998 12,928 5,288 respect of the 2006 scheme. 1999 12,668 4,434 2000 15,695 5,415 Greenhouse Gas Emissions. 2001 15,465 4,810 283. Mr. Sargent asked the Minister for Agri- 2002 15,054 4,381 culture and Food the figures detailing the amount 2003 9,097 2,720 of afforestation in each year from 1990 on peat 2004 9,739 2,912 soils which she has supplied in connection with Article 3.3 of the Kyoto Protocol. [13953/06] 2005 14,000 4,186 2006 14,000 4,186 284. Mr. Sargent asked the Minister for Agri- 2007 14,000 4,186 culture and Food the scientific calculations her 2008 14,000 4,186 Department is making for the effect of emissions 2009 14,000 4,186 of greenhouse gases when peat soils are affor- ested and when they are harvested. [13954/06] 2010 14,000 4,186 2011 14,000 4,186 285. Mr. Sargent asked the Minister for Agri- 2012 14,000 4,186 culture and Food the scientific definition of peat soils used by her Department. [13955/06] My Department’s analysis shows a downward trend for planting on peat soils over the period Minister for Agriculture and Food (Mary 1990 to 2003 from 56.7% to 29.9%. The figures Coughlan): I propose to take Questions Nos. 283 supplied for 2005 to 2012 were estimates, with the to 285, inclusive, together. area of peat soils afforested fixed at 29.9% rep- 2177 Questions— 6 April 2006. Written Answers 2178 resenting a no-change scenario. In reality, it is Minister for Agriculture and Food (Mary expected that the downward trend will continue Coughlan): An application under the 2005 single and the above figures will be adjusted in the light payment scheme was received from the person of information from the planting programme, the named on 12 May 2005. Subsequent to the reply national forest inventory and research. to the previous parliamentary question to which As regards my policy on the afforestation of the Deputy refers, further issues arose, which peat lands, my Department has very strict pro- required to be satisfactorily resolved before the cedures in place. These procedures effectively application could be processed to a conclusion. rule out grant aid for planting on intact raised The issues related to the conversion of the special bogs of the midlands, or the impoverished, oligo- condition entitlements to standard entitlements. trophic deep blanket peats of the west. Special condition entitlements were established where applicants under the livestock premia Grant Payments. schemes during the reference period were not obliged to submit an area aid application. As 286. Mr. N. O’Keeffe asked the Minister for advised in the terms and conditions of the Agriculture and Food when payment of the EU scheme, farmers who were allocated special con- single farm payment will issue to a person (details dition entitlements could convert these to stan- supplied) in County Cork. [13968/06] dard entitlements by farming and declaring a Minister for Agriculture and Food (Mary sufficient number of hectares in 2005. The con- version has now been completed and payment Coughlan): An application under the 2005 single \ payment scheme was received from the person amounting to 1,550.12 will issue shortly to the named on 16 May 2005. The person named had person named. established special condition entitlements during the reference period. Special condition entitle- Environmental Policy. ments were established where applicants under 289. Mr. Morgan asked the Minister for Agri- the livestock premia schemes during the refer- culture and Food with regard to the proposed ence period were not obliged to submit an area development of a hard stone quarry (details aid application. As advised in the terms and con- supplied) in County Wexford and the fact that ditions of the scheme, farmers who were allocated the application submitted by the developer special condition entitlements could convert these included a letter from Coillte Teoranta to the to standard entitlements by farming and declaring developer stating that in the event of planning a sufficient number of hectares in 2005. However, the person named did not declare any land on his permission being granted, Coillte Teoranta would 2005 application form. I have asked my officials grant a right of way through the wood, the consul- to make contact with him to establish his situation tation which took place regarding the agreement in regard to eligibility for the 2005 scheme and to to grant a right of way to a company (details advise him on his 2006 application. supplied) through the Coillte woodland; the per- son responsible for agreeing a right of way 287. Mr. N. O’Keeffe asked the Minister for through the Coillte woodlands pending planning Agriculture and Food the reason the dairy pre- permission from Wexford County Council ; if her mium payment of the EU single farm payment attention has been drawn to the fact that under has not issued to a person (details supplied) in the Wexford development plan 2001, the area and County Cork. [14095/06] its environs is a designated sensitive area contain- ing two important salmonid sources, that it is a Minister for Agriculture and Food (Mary grazing area for wild deer, that there is a ringfort Coughlan): An application under the 2005 single in the vicinity of the proposed site and that there payment scheme was received from the person is a national school within 1 km of the proposed named on 9 May 2005. Payment of \10,285.51, in site. [14101/06] respect of the transferred standard entitlements of the person named, issued on 6 January 2006. Minister for Agriculture and Food (Mary A further payment amounting to \5,637.51, in Coughlan): Coillte Teoranta was established as a respect of the decoupled dairy premium element private commercial company under the Forestry of the single payment, has been approved and will Act 1988 and day-to-day operational matters are issue to the person named shortly. the responsibility of the company. This issue is an operational matter for Coillte. 288. Mr. N. O’Keeffe asked the Minister for It is a matter for the planning authorities to Agriculture and Food the reason for the serious determine whether the proposed development is ongoing delay in having payment of the EU single in line with the proper planning and development farm payment issued to a person (details of the area. I understand that a full environmen- supplied) in County Cork in view of the previous tal impact assessment has been submitted as part reply to a parliamentary question almost eight of the planning application and the planning weeks ago that payment was due to issue at that authorities will no doubt take full cognisance of time. [14097/06] all relevant environmental issues. 2179 Questions— 6 April 2006. Written Answers 2180

Afforestation Programme. application for the transfer of single payment entitlements by way of gift. The supporting docu- 290. Mr. Sargent asked the Minister for Agri- mentation requested by my Department was sub- culture and Food the number of reported illegal mitted in late March 2006. The application can tree-felling instances that have occurred in the now be processed by my Department and the sin- last three years; the number of successful pros- gle payment will be issued to the person named ecutions that have been made from that total; the as soon as possible. most common reasons for failure to prosecute successfully; if, in view of the forest service’s stated zero tolerance against such illegal acts, she Food Industry. is satisfied with the number of prosecutions; 292. Mr. J. O’Keeffe asked the Minister for excluding on-site forest rangers or inspectors, the Agriculture and Food the supports she has for the number of administrative staff that the forest continued development of Country Markets Ltd., service has allocated to pursuing reported illegal which has been in operation for 60 years and tree-felling acts. [14103/06] which has 58 markets throughout the country and make a major impact in rural Ireland; if she Minister for Agriculture and Food (Mary accepts that it has first class produce and the Coughlan): A total of 204 alleged cases of illegal highest standards of hygiene and quality control felling have been reported to the forest service in with a traceability system which is completely the three years 2003 to 2005 inclusive. Within the transparent; if she further agrees that the same period, a total of 14 cases were found to development of country markets should not be warrant prosecution. Of these, seven have been stifled by EU regulations; and if she will make a successfully prosecuted to date and a further six statement on the matter. [14120/06] cases are awaiting hearing through the courts. Proceedings in three more cases are being con- Minister for Agriculture and Food (Mary sidered. In only one instance in the last three Coughlan): My Department pays an annual grant years has my Department failed to secure a suc- to the Irish Countrywomen’s Association, ICA, cessful prosecution, where the District Court dis- and at the request of the ICA, it also pays a grant missed the case on its merits. Overall, I believe to Country Markets towards the cost of a full- the rate of successful prosecutions achieved is time organiser to help members in rural areas satisfactory. develop co-operative markets for the sale of My Department views the illegal felling of trees garden, farm and home produce. The grant assist- with the deepest concern and investigates every ance for 2005 for Country Markets was \4,200 case that is reported to it. Where prosecution is and \10,200 for the ICA. Those grants were paid considered feasible, my Department actively pur- in May 2005. sues all such cases. The Deputy will appreciate, For 2006, the grant paid will be \4,500 for however, that the Department can pursue pros- Country Markets and \10,500 for the ICA and ecution of offenders through the courts only my Department has written to the association where the facts of the case and legal advice sup- outlining other possible sources of public funding port such action. In many cases the allegations including the Leader programme, which funds are either not substantiated, following investi- local development projects and the support prog- gation by the forestry inspectors, or, there has ramme for community development groups been no breach of the provisions of the Forestry operated by the Department of Community, Act 1946. To illustrate the latter point, in nearly Gaeltacht and Rural Affairs. one fifth of the 204 reported cases of illegal fel- Guidelines concerning food hygiene are set out ling, it was found that a notice to fell trees was by Country Markets Ltd., and suppliers are sub- not required because of the provisions of Article ject to periodic inspections from Country Market 37(4) of the Forestry Act 1946. This provision of officials. Country Markets Ltd., the National the Act excludes specified felling events from the Standards Authority of Ireland and regulatory notification requirement. authorities have worked very closely to produce The felling section of the forest service com- a guide to good hygiene practice, IS 344: 2002. prises five administrative staff, whose duties This guide is primarily for use by domestic pro- include the processing of reports of alleged ducers who prepare or produce food for sale in illegal felling. country markets. The EU regulations to which the Deputy Grant Payments. refers, are the new food safety measures, known 291. Mr. Naughten asked the Minister for Agri- as the hygiene package, which came into force culture and Food when a person (details on 1 January 2006. The main purpose of these supplied) in County Roscommon will receive a regulations is to clearly define the responsibilities single farm payment; the reason for the delay in of all operators in the food chain to ensure issuing payment; and if she will make a statement maximum food safety for consumers. The new on the matter. [14114/06] regulations are not intended to stifle trade but the importance of food safety cannot be compro- Minister for Agriculture and Food (Mary mised. If any operator has difficulty with the Coughlan): The person named submitted an detail of any regulation or the measures being 2181 Questions— 6 April 2006. Written Answers 2182 used for its implementation, this can be discussed mit to the European Commission as a result of its as appropriate with my Department or with the proposal to co-finance 50% of the cost of market other agencies involved in food safety controls support measures in the egg and poultry sector; if such as the Food Safety Authority or the Health her attention has been drawn to the fact that the Service Executive. EU proposal is expected to be adopted by the The numbers of food markets in Ireland is end of April; if she would agree that the egg and increasing. Since February 2005, the number of poultry sector is currently experiencing adverse markets has increased by 25% which suggests marketing conditions and urgently requires sup- that the development of these markets is not port measures; and if she will make a statement being unduly affected by EU regulations. on the matter. [14153/06] In addition to country markets, several farm- ers’ markets operate in Ireland. The most recent Minister for Agriculture and Food (Mary listing provided by Bord Bia shows that there are Coughlan): The position in regard to market sup- 100 such markets on the island of Ireland. Farm- port measures for the poultry sector is that the ers’ markets differ slightly from country markets EU Commission has proposed a Council regu- in that they are usually outdoors and sell different lation that would provide a legal basis for such product range from the offering at country measures. This proposal will be considered by the markets. Farmers’ markets generally feature a Council of Agriculture Ministers on 25 April country market stand which is staffed by rep- 2006. If adopted, the regulation will only contain resentatives from the Country Markets an enabling provision of a general nature. It will organisation. then be necessary for the Commission to draw up Bord Bia has a dedicated person in its small a subsidiary regulation which would set out the business department to advise and assist pro- types of measures that member states could pro- ducers and start-up companies who wish to utilise pose to be brought into effect. This latter regu- such markets from a sales, marketing, product lation cannot be adopted until after the Council development and consumer perspective. meeting. Following adoption of this subsidiary regulation it will be necessary for member states, Afforestation Programme. if they so wish, to submit proposals for support 293. Mr. Morgan asked the Minister for Agri- schemes to the Commission for consideration culture and Food if she will support the extension and approval. of the remit of the Ombudsman to cover the I have already written to the Commissioner for activities of Coillte Teoranta; and if she will seek Agriculture and Rural Development, Ms Mari- support for such a proposal. [14151/06] ann Fisher Boel, outlining some of the measures I consider would be useful to have available to Minister for Agriculture and Food (Mary member states. The Commission will also be con- Coughlan): In general, the provisions of the sidering suggestions put forward by member Ombudsman Act 1980 do not cover commercial states with a view to drafting the subsidiary regu- State bodies. I am not aware of any plans by the lation referred to above and I will be putting for- Department of Finance to extend the remit of the ward suggestions in this context also. The Com- Office of the Ombudsman to cover Coillte Teor- mission has made it clear that its request for anta or to include any additional commercial suggestions must not be interpreted as a commit- state bodies in the Schedule to the Ombudsman ment to co-funding. The Commission must have Act. regard to budgetary considerations and to the importance of not creating imbalances in com- Grant Payments. petitiveness between member states. I am interested in having a broad-ranging regu- 294. Ms Enright asked the Minister for Agri- lation that would accommodate various market culture and Food the reason a single farm pay- options that exist or might emerge in the future ment has not been made to a person (details and that would be sufficiently versatile to be use- supplied) in County Offaly in respect of lands and ful to all member states. Useful measures would entitlements transferred to them by their mother; include aids to private storage, purchase for dis- and if she will make a statement on the posal of non-saleable stocks of poultry meat and matter. [14152/06] measures to encourage reductions in throughput. What measures, if any, would actually be util- Minister for Agriculture and Food (Mary ised in different countries would depend on the Coughlan): The person named has submitted an market situation and prospects at the time, the application for the transfer of single payment evolution of the avian influenza situation and the entitlements by way of inheritance. The applicant segments of the industry that were affected by the has been notified that the application was suc- situation. This will also be the case in Ireland. cessful and payment will issue shortly. The poultry industry generally is experiencing difficulties and the need for support measures is Poultry Industry. under continuous review in my Department in 295. Mr. Deasy asked the Minister for Agri- the context of the evolving situation here and the culture and Food the measures she plans to sub- developments at EU level as already set out. 2183 Questions— 6 April 2006. Written Answers 2184

Irish Language. On the structural side, a system of self-regu- lation by the Internet service provider industry 296. Mr. O’Shea asked the Minister for Agri- is in place, the components of which include an culture and Food the percentage of the staff of Internet Advisory Board which promotes aware- her Department able to provide services through ness of Internet downside issues and monitors the Irish; and if she will make a statement on the progress of self-regulation by the Internet service matter. [14187/06] provider industry; a public hotline for reporting child pornography; and an industry code of prac- Minister for Agriculture and Food (Mary tice and ethics setting out the duties and Coughlan): In preparation of my Department’s responsibilities of each Internet service provider. scheme under section 11 of the Official Langu- The Internet Advisory Board was established ages Act 2003, staff of my Department were sur- in February 2000. As well as overseeing a self- veyed in March 2005 and approximately 20% of regulatory regime for the Irish Internet service staff responded. Of these, 19% indicated that providers, it encourages best practice procedures, they can speak, write and carry out their duties provides advice and facilitates research in Inter- in Irish and 13.5% can speak and write Irish but net-related issues, including child safety. My can only carry out some of their duties in Irish. It Department provides secretarial and other sup- should be noted that these results were based on ports for the board’s work. self-assessment. The hotline, www.hotline.ie, funded by the Internet Service Providers’ Association of Ireland Sexual Offences. with support from the EU Safer Internet Action 297. Mr. Durkan asked the Minister for Justice, Plan, was launched in November 1999. It accepts Equality and Law Reform if, unilaterally or in and investigates reports from the public in respect consultation with his EU colleagues, he has any of child pornography and other illegal material proposals to combat child pornography on the on the Internet. Special protocols operate Internet; and if he will make a statement on the between the gardaı´ and the hotline which maxi- matter. [13879/06] mise co-operation on law enforcement issues so that offences in the area of child pornography can Minister for Justice, Equality and Law Reform be detected and prosecuted. (Mr. McDowell): The Internet is an international The hotline works closely with and is a found- and world-wide phenomenon. It has no borders ing member of the international INHOPE and no single organisation controls it. Measures Association, www.inhope.org, a network of Euro- to combat illegal materials and activities on the pean hotlines which is expanding to all parts of Internet are therefore hampered by a multiplicity the world. The INHOPE Association develops of jurisdictions, differing legal systems, and dif- procedures and shares information on the best fering societal norms. Furthermore, new devel- practices for the tracing and tracking of illegal opments in communications technologies child pornography. allowing for Internet access by new means are a The self-regulatory approach to Internet regu- regular occurrence. These are largely positive lation is the norm at EU level and worldwide. developments but also bring particular challenges The Internet Advisory Board helps and supports for those charged with protecting against its the Irish Internet service provider industry to downsides. Combating illegal, harmful and preda- deliver an effective self-regulation environment, tory use of the Internet requires responses at in accordance with a code of practice and ethics national, EU and international levels. Ireland is for the industry agreed with the board in fully committed to playing its part, at home and February 2002. The Irish code of practice and internationally, to both detect and prevent child ethics is recognised throughout Europe as a pornography. Ireland’s Child Trafficking and model of its type. Pornography Act 1998 is acknowledged as one of The European Union has taken a strong line the most robust pieces of legislation anywhere. In on combating child pornography and other illegal terms of enforcement in Ireland as well as in most and harmful uses of the Internet. Since 1999, jurisdictions, what is illegal off-line is considered under the Safer Internet Action Plan, the EU has illegal on-line. provided financial and other supports for The Garda Sı´ocha´na is committed to the inves- measures in the member states to combat illegal tigation of all cases of child pornography and the and harmful uses of the Internet, with particular importance of investigating the child protection emphasis on protecting children. A new EU issues involved in such cases. The paedophile action plan, Safer Internet Plus, which covers the investigation unit, which is located within the period 2005 to 2008 and has a budget of \45 mil- domestic violence and sexual assault unit of the lion, was agreed under the Irish Presidency in National Bureau of Criminal Investigation, is in June 2004 and is now in operation. My Depart- existence since November 2002. This unit is ment is represented on the management commit- tasked with the investigation and co-ordination of tee for the programme. cases relating to the possession, production and The EU Council adopted a Framework distribution of child pornography, and any Decision on Combating the Sexual Exploitation alleged sexual abuse pertaining to it. of Children and Child Pornography on 22 2185 Questions— 6 April 2006. Written Answers 2186

December 2003. While the Child Trafficking and that was payable to prison service personnel who Pornography Act 1998 is a particularly robust retired prior to 1 January 1993 including to legislative measure, my Department is preparing widows of deceased personnel. [13931/06] additional legislative provisions to ensure com- pliance with this framework decision. Minister for Justice, Equality and Law Reform In September 2001, the Council of Europe (Mr. McDowell): I am informed by the Irish Ministers’ Deputies approved the first inter- Prison Service that the information requested is national Convention on Cybercrime. The main not readily available. When same is compiled, I objective of the convention is to foster inter- will contact the Deputy again. national co-operation in protecting society against cybercrime. The convention deals specifi- 301. Mr. Fleming asked the Minister for Justice, cally with the distribution of child pornography Equality and Law Reform the number of retired on the Internet, infringements of copyright, com- prison service personnel, including widows of puter-related fraud and violations of network deceased personnel, who are in receipt of pen- security. Ireland signed up to the convention in sions in respect of people who retired prior to 1 June 2002. January 1993. [13932/06]

Garda Stations. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Irish 298. Mr. Fleming asked the Minister for Justice, Prison Service that the information requested by Equality and Law Reform if information is avail- the Deputy is not readily available. Inquiries are able in his Department regarding the Garda being made in the matter and when these are building programme including the projects on a complete, I will contact the Deputy again. priority basis and a brief description of each pro- ject and the year each project is expected to com- mence construction; if he will make this infor- Garda Strength. mation available; and if he will make a statement 302. Mr. Sargent asked the Minister for Justice, on the matter. [13929/06] Equality and Law Reform the number of gardaı´ employed in the Clare Garda division in the past Minister for Justice, Equality and Law Reform five years by district. [13951/06] (Mr. McDowell): I refer the Deputy to the reply to his Question No. 382 of 28 March 2006 in Minister for Justice, Equality and Law Reform which the position about the Garda building (Mr. McDowell): I have been informed by the programme was outlined. Garda authorities, who are responsible for the detailed allocation of resources, including person- Irish Prison Service. nel, that the personnel strength, all ranks, of the 299. Mr. Fleming asked the Minister for Justice, Garda Sı´ocha´na as at 31 December 1997 and 20 Equality and Law Reform if the recent dis- March 2006 was 10,702 and 12,445, respectively. cussions regarding work changes and restructur- This represents an increase of 1,743, or 16.3%, ing of the prison service are a continuation of the in the personnel strength of the Garda Sı´ocha´na Programme for Competitiveness and Work during that period. Agreement 1997; and if he will make a statement I have been further informed by the Garda on the matter. [13930/06] authorities that the number of gardaı´, all ranks, in each Garda district in the Clare division as at Minister for Justice, Equality and Law Reform 31 December 2001-2005, inclusively, and as at 4 (Mr. McDowell): The Deputy is referring to the April 2006 was as set out in the table hereunder: proposal for organisational change in the Irish Prison Service, revised July 2005, which was District 2001 2002 2003 2004 2005 4/4/06 accepted by staff in August 2005. The agreement provides, inter alia, for new working arrange- Ennis 133 131 146 157 155 168 ments and the elimination of overtime working Ennistymon 34 32 30 31 33 33 across the Prison Service. Killaloe 35 36 35 36 36 36 The change negotiations were progressed in the context of the national social partnership Kilrush 33 35 34 35 37 37 agreement in place at the time, that is, Sustaining Total 235 234 245 259 261 274 Progress. The benefits for staff arising from the agreement are not affected by, and are consistent with, the benefits arising under Sustaining This represents an increase of 39, or 17%, in the Progress. number of gardaı´, all ranks, stationed in the Clare division during that period. Pension Provisions. In addition, I would point out to the Deputy that the division’s resources are further aug- 300. Mr. Fleming asked the Minister for Justice, mented by a number of Garda national units such Equality and Law Reform the estimated cost per as the Garda national immigration bureau, the annum of making pensionable rent allowance criminal assets bureau and other specialised units. 2187 Questions— 6 April 2006. Written Answers 2188

[Mr. McDowell.] there are 30 civil servants attached to the infor- It is the responsibility of Garda management to mation technology division. I wish to point out to allocate personnel throughout and within div- the Deputy that significant progress has been isions on a priority basis in accordance with the made on the implementation of the civilianisation requirements of different areas. The allocation of programme approved by Government in 2001. A such resources is determined by a number of total 113 civilian finance officers have been factors including demographics, administrative appointed and are carrying out the district fin- functions, crime trends and other operational ance officer duties which were hitherto perfor- policing needs. med by gardaı´. Moreover, the recent establish- The timescale for achieving the target strength ment of the Garda information service centre, of 14,000 members of the Garda Sı´ocha´na in line GISC, in Castlebar, manned by civilian staff, and with the commitment in An Agreed Programme the pending transfer of civilian staff from the for Government remains as when I announced Department of Justice, Equality and Law Reform the Government approval in October 2004 for my to the Garda Sı´ocha´na as civil servants of the proposals to achieve this objective. The phased State, are significant developments in the context increase in the strength of the Garda Sı´ocha´na to of greater Garda civilianisation. 14,000 will lead to a combined strength, of both The establishment of the GISC alone will, attested gardaı´ and recruits in training of 14,000 when fully operational, allow for the equivalent by the end of this year. This project is fully on of up to 300 gardaı´ to be freed up for frontline target and will be achieved. outdoor policing duties on a daily basis. A further As part of the accelerated recruitment cam- review of civilianisation possibilities in the Garda paign to facilitate this record expansion, 1,125 Sı´ocha´na is now under way with a view to secur- Garda recruits were inducted to the Garda ing many more redeployments of desk-bound college during 2005. The college will induct a gardaı´ to frontline operational duties over the further 1,100 recruits this year and again in 2007, next four years. by way of intakes to the Garda college of approximately 275 recruits every quarter. The 305. Mr. J. O’Keeffe asked the Minister for first incremental increase of newly attested gardaı´ Justice, Equality and Law Reform the number of under the programme of accelerated recruitment people who are involved in dealing with payroll took place on 15 March 2006. The Garda Com- and finance matters within the Garda Sı´ocha´na; missioner will now be drawing up plans on how and the number of these who are gardaı´ and civ- best to distribute and manage these additional ilians. [13963/06] resources and in this context, the needs of the Clare division will be fully considered within the Minister for Justice, Equality and Law Reform overall context of the needs of Garda divisions (Mr. McDowell): The Garda finance director, throughout the country. who is a qualified accountant, has responsibility for overseeing and implementing finance and Rights of People with Disabilities. procurement-related policy, structures and pro- 303. Mr. McHugh asked the Minister for cesses for the Garda Sı´ocha´na. There are 43 per- Justice, Equality and Law Reform his plans to sonnel in the finance directorate, of which 20 are ensure that Irish sign language is given official members of the Garda Sı´ocha´na and 23 are civ- recognition by Government; and if he will make ilian staff. In addition, payroll duties for the a statement on the matter. [13952/06] Garda Vote are also provided by my Depart- ment’s financial shared service centre. Minister for Justice, Equality and Law Reform With the devolution of budgetary responsibility (Mr. McDowell): I refer the Deputy to my reply within the Garda Sı´ocha´na, all assistant commis- to Questions Nos. 248 and 249 of Wednesday, 5 sioners, chief superintendents and superin- April 2006. tendents have a finance-related role at regional- branch, divisional and district level. At district level, all district officers-superintendents are Garda Deployment. responsible for notifying payroll transactions 304. Mr. J. O’Keeffe asked the Minister for regarding payment of certain allowances, Justice, Equality and Law Reform the number of deductions from pay and redirection of pay people who are involved in dealing with infor- regarding members assigned to their districts. mation technology within the Garda Sı´ocha´na; There is sanction for 120 civilian finance and the number of these who are gardaı´ and civ- officers, of which 112 are currently in place. Staff ilians. [13962/06] appointed to district offices have responsibility for the processing and administration of payroll Minister for Justice, Equality and Law Reform and finance-related issues at district level. (Mr. McDowell): I am informed by the Garda However, the duties of finance officers are not authorities that the Garda personnel strength of confined exclusively to finance matters as they the information technology division in the Garda are required to undertake a range of other duties, Sı´ocha´na, covering all ranks, is 66. In addition, as assigned by the district officer-superintendent. 2189 Questions— 6 April 2006. Written Answers 2190

As finance matters are not totally mutually dation requirements for the operational policing exclusive of all other functions conducted at of the Tallaght area will be best met by the re- regional-branch, divisional and district level, it is development of the existing site at the square and not possible to provide a breakdown of the I have accepted this advice. number of gardaı´ and civilian staff in dealing with I can inform the Deputy that good progress is such matters. I wish to point out to the Deputy being made with regard to the plans to build a that significant progress has been made on the new Garda divisional headquarters and expanded implementation of the civilianisation programme station at Tallaght. In this regard, a brief of approved by Government in 2001. The recent accommodation requirements has been agreed establishment of the Garda Information Service and submitted to the Office of Public Works. Centre, GISC, in Castlebar, manned by civilian That office will now prepare an outline sketch staff, and the pending transfer of civilian staff scheme which will then be forwarded to my from the Department of Justice, Equality and Department and the Garda authorities for Law Reform to the Garda Sı´ocha´na as civil ser- urgent consideration. vants of the State are significant developments in the context of greater Garda civilianisation. Paternity Leave. The establishment of the GISC alone will, when fully operational, allow for the equivalent 308. Mr. F. McGrath asked the Minister for of up to 300 gardaı´ to be freed up for frontline Justice, Equality and Law Reform the position outdoor policing duties on a daily basis. A further regarding developments in respect of paternity review of civilianisation possibilities in the Garda leave and the need to assist new families. Sı´ocha´na is now under way with a view to secur- [13976/06] ing many more redeployments of desk-bound gardaı´ to frontline operational duties over the Minister for Justice, Equality and Law Reform next four years. (Mr. McDowell): There is currently no statutory entitlement to paternity leave. However, many employers in both the public and private sectors Citizenship Applications. have arrangements in place providing short 306. Mr. Sargent asked the Minister for Justice, periods of paid paternity leave. Paternity leave Equality and Law Reform if he will take into was considered in the context of a review of the account the timeframe for the commemoration of Parental Leave Act 1998 conducted by a working the Easter Rising in April 2006 and accordingly group chaired by my Department. The working ensure that outstanding approved citizenships are group comprised the social partners, relevant issued including the case of post-nuptial citizen- Government Departments and the Equality ship from a person, details supplied, in County Authority. The report of the working group on Mayo. [13974/06] the review of the Parental Leave Act 1998 was published on 29 April 2002. Minister for Justice, Equality and Law Reform Paternity leave was considered by the working (Mr. McDowell): As the Deputy will be aware, group, taking into account the following issues: the person in question wrote to my Department reconciliation of work and family life and in respect of this matter. I do not consider that balanced participation of men and women in the reasons put forward by her to depart from work and family life; the cost to employers; and normal procedures to be of an exceptional nature the comparative situation in EU member states. and, consequently, her case will be dealt with in While acknowledging that a statutory arrange- the normal way. A certificate confirming Irish ment to provide an entitlement to time off for citizenship will issue to the person in question in fathers at the time of childbirth would enhance the coming weeks. arrangements for the reconciliation of work and family life, the working group could not reach Garda Stations. consensus on the issue. Subsequently, no agree- ment was reached on paternity leave by the social 307. Mr. O’Connor asked the Minister for partners in the context of the negotiations on the Justice, Equality and Law Reform if he will seek Sustaining Progress partnership agreement. a full report from the Garda Commissioner on advice recently given to the Office of Public Visa Applications. Works that it was not to progress plans for a new Garda station in the Tallaght west-Saggart area; 309. Mr. J. Higgins asked the Minister for if his attention has been drawn to the fact that Justice, Equality and Law Reform the reason a this decision has generated huge anger in the person, who is here on a tourist visa, must return region; his views on the matter; and if he will to their country of origin if they decide to make make a statement on the matter. [13975/06] an application to remain in Ireland on a student visa. [13978/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): The Garda authorities have Minister for Justice, Equality and Law Reform advised my Department that their accommo- (Mr. McDowell): Inquiries made by the immi- 2191 Questions— 6 April 2006. Written Answers 2192

[Mr. McDowell.] in each care therefor; and if he will make a state- gration division of my Department indicates that ment on the matter. [14016/06] the query raised by the Deputy refers to a non- visa required national. It is open to non-visa Minister for Justice, Equality and Law Reform required nationals to attend at their local immi- (Mr. McDowell): It has not been possible to col- gration office to seek permission to remain on late the information required by the Deputy student conditions without first having to leave within the timeframe available. I will contact the the State. They should be in a position to provide Deputy directly when the information is to hand. the following documentation: evidence of regis- tration on a full-time course leading to a qualifi- Residency Permits. cation recognised by the Department of Edu- cation and Science; evidence of fees paid; 313. Mr. Carey asked the Minister for Justice, evidence of finances to indicate they are in a posi- Equality and Law Reform when he expects that tion to financially support themselves while in the the review of the case of a person, details sup- State without recourse to public funds; and evi- plied, who wishes to remain here will be com- dence of full private medical insurance. pleted; and if he will make a statement on the matter. [14017/06] Garda Investigations. Minister for Justice, Equality and Law Reform 310. Mr. G. Mitchell asked the Minister for (Mr. McDowell): The person concerned applied Justice, Equality and Law Reform his views on for permission to remain in the State under the the contents of a letter from persons, details sup- revised arrangements announced by me on 15 plied, in Dublin 12; and if he will make a state- January 2005 for the processing of applications ment on the matter. [13979/06] from the non-national parents of Irish-born chil- dren born before 1 January 2005. It is a require- Minister for Justice, Equality and Law Reform ment under the revised arrangements that the (Mr. McDowell): I refer the Deputy to my applicant parent must be resident in the State response to Question No. 409 of 6 July 2004. The with the Irish-born child on a continuous basis position remains unchanged. since the child’s birth. Evidence of such residency is also required. Refugee Status. The child in this case was born in the State on 311. Aengus O´ Snodaigh asked the Minister for 5 June 2004. The applicant left the State on 16 Justice, Equality and Law Reform his views on August 2004 and did not return until 22 March granting refugee status or leave to remain to a 2005. On this basis, the applicant does not meet person, details supplied. [14015/06] the criteria for the granting of permission to remain in the State under the revised arrange- Minister for Justice, Equality and Law Reform ments, insofar as continuous residency is con- (Mr. McDowell): As the Deputy will be aware, cerned and her application was refused. The applications for refugee status in the State are applicant was informed of this decision by letter determined by an independent process compris- dated 20 December 2005. All matters relating to ing the Office of the Refugee Applications Com- the refusal of this application will be taken into missioner, ORAC, and the Refugee Appeals Tri- account by me in the context of the consideration bunal, which make recommendations to the of the file under the terms of section 3 of the Minster for Justice, Equality and Law Reform on Immigration Act 1999, as amended. whether such status should be granted. It is not the practice to comment on individual Citizenship Applications. asylum applications. However, I understand that 314. Aengus O´ Snodaigh asked the Minister for in the case raised by the Deputy, it has not been Justice, Equality and Law Reform further to possible for the ORAC to make a decision on Question No. 173 of 23 March 2006, and being of the asylum application as it has been unable to good character as a qualification for naturalis- conduct an interview with the applicant to date ation, if political activity is considered to have a due to the health problems of the applicant. It is bearing on good character; and the kinds of pol- hoped that the ORAC can progress this case itical activity which would be held to constitute shortly and a final decision will be made by me bad character. [14018/06] upon receipt of its recommendation. 315. Aengus O´ Snodaigh asked the Minister for Drug Seizures. Justice, Equality and Law Reform if information 312. Mr. Durkan asked the Minister for Justice, regarding an applicant for naturalisation having Equality and Law Reform the extent to which participated in any political activity while residing drug abuse in County Kildare including drug traf- here would have a detrimental impact on the ficking has been reported; the action which has decision whether or not to grant citizenship by been taken in regard to prosecution or conviction naturalisation. [14019/06] 2193 Questions— 6 April 2006. Written Answers 2194

316. Aengus O´ Snodaigh asked the Minister for consideration of his case by the Office of the Justice, Equality and Law Reform if applicants Refugee Applications Commissioner and, on for naturalisation have been reported as engaging appeal, by the Refugee Appeals Tribunal. in political activity while residing here. Subsequently, in accordance with section 3 of [14020/06] the Immigration Act 1999, as amended, he was informed by letter dated 17 October 2005 that the 317. Aengus O´ Snodaigh asked the Minister for Minister proposed to make a deportation order Justice, Equality and Law Reform if applicants in respect of him. He was given the options, to for naturalisation have been refused citizenship be exercised within 15 working days, of making based on information that they have engaged in representations to the Minister setting out the political activity while residing here; and the type reasons why he should be allowed to remain tem- of political activity which was involved. porarily in the State, leaving the State before an [14021/06] order is made or consenting to the making of a deportation order. Representations have been Minister for Justice, Equality and Law Reform received on behalf of the person concerned. (Mr. McDowell): I propose to take Questions This person’s case file, including all represen- Nos. 314 to 317, inclusive, together. tations submitted, will be considered under In response to Question No. 173 on 23 March section 3(6) of the Immigration Act 1999, as 2006, I gave the Deputy a broad overview of the amended, and section 5 of the Refugee Act 1996, naturalisation process. I explained that, as part of prohibition of refoulement. I expect the file to be that process, inquiries are made with the Garda passed to me for decision in due course. Sı´ocha´na to assist in determining if an applicant can be considered to be of good character. For Asylum Applications. example, if the Garda Sı´ocha´na report to me that any applicant is engaged in any criminal activity, 320. Mr. Durkan asked the Minister for Justice, which calls into question whether he or she is a Equality and Law Reform from where the evi- suitable candidate to be naturalised, I will dence has come to indicate stability in Angola in obviously give serious consideration to it when I view of the decision in the case of a person am deciding on the particular application. Factors (details supplied) in Dublin 2 and the evidence such as the nature of the activity, when it provided by them; and if he will make a statement occurred and if it resulted in criminal proceedings on the matter. [14063/06] and a conviction will be taken into account. Stat- istical information is not maintained in such a way Minister for Justice, Equality and Law Reform that would identify the basis for the granting or (Mr. McDowell): The person concerned arrived refusal of applications for naturalisation. in the State on 19 December 2004 and applied for asylum. His application was refused following Public Order Offences. consideration of his case by the Office of the Refugee Applications Commissioner and, on 318. Mr. Stagg asked the Minister for Justice, appeal, by the Refugee Appeals Tribunal. Equality and Law Reform, further to Question Subsequently, in accordance with section 3 of No. 134 of 23 February 2006, if cases have the Immigration Act 1999, as amended, he was reached court in respect of the fast food outlets; informed by letter dated 21 March 2006 that the and if there was a prosecution. [14051/06] Minister proposed to make a deportation order Minister for Justice, Equality and Law Reform in respect of him. He was given the options, to (Mr. McDowell): I am informed by the Garda be exercised within 15 working days, of making authorities that on 1 February 2006, notices under representations to the Minister setting out the section 4 of the Criminal Justice (Public Order) reasons he should be allowed to remain tempor- Act 2003 were served on the premises referred to arily in the State, leaving the State before an by the Deputy and that applications for closure order is made or consenting to the making of a orders in respect of these premises are due before deportation order. Dublin District Court on 12 April 2006. This person’s case file, including all represen- tations submitted, will be considered under Residency Permits. section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, 319. Mr. Durkan asked the Minister for Justice, prohibition of refoulement. I expect the file to be Equality and Law Reform the residency status in passed to me for decision in due course. the case of a person (details supplied) in Dublin 8; and if he will make a statement on the Residency Permits. matter. [14062/06] 321. Mr. Durkan asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform, further to his reply to (Mr. McDowell): The person concerned arrived Question No. 179 of 9 February 2006, if he will re- in the State on 15 March 2005 and applied for examine the case in the name of a person (details asylum. His application was refused following supplied) in County Dublin who is threatened 2195 Questions— 6 April 2006. Written Answers 2196

[Mr. Durkan.] amended, and section 5 of the Refugee Act 1996, with deportation; his views on whether the politi- prohibition of refoulement. I expect the file to be cal situation in the person’s homeland is unstable; passed to me for decision in due course. if an extension of residency will be considered; and if he will make a statement on the matter. 324. Mr. Durkan asked the Minister for Justice, [14064/06] Equality and Law Reform if he will reconsider the decision to deport in the case of a person Minister for Justice, Equality and Law Reform (details supplied) in County Kildare in view of (Mr. McDowell): I would refer the Deputy to the the fact that the person’s child is an Irish born reply I gave to his Question No. 179 of Thursday, citizen and the child’s father is legally resident 9 February 2006. The position as outlined in that here and will continue to live here; if it is advis- reply remains unchanged. I am satisfied that the able to separate the family in this fashion; if case of the person concerned has been fairly and further consideration will be given in this case comprehensively examined and, as such, it is not with a view to extension of the person’s resi- my intention to revoke the deportation order dency; and if he will make a statement on the issued in respect of the person concerned. matter. [14068/06]

Refugee Status. Minister for Justice, Equality and Law Reform (Mr. McDowell): I would refer the Deputy to my 322. Mr. Durkan asked the Minister for Justice, replies to Questions Nos. 726 and 781 of 26 Equality and Law Reform the position in the January 2005, No. 129 of 14 April 2005, No. 143 family reunification process in the case of a per- of 19 May 2005, No. 470 of 31 January 2006 and son (details supplied) in County Dublin; and if he No. 194 of 9 March 2006. will make a statement on the matter. [14065/06] As stated in my latest reply to the Deputy on Minister for Justice, Equality and Law Reform 9 March 2006, an application has been received (Mr. McDowell): An application from the person from the person concerned requesting revocation referred to in the Deputy’s question is with the of her deportation order based on her relation- Office of the Refugee Applications Com- ship with a man granted refugee status in the missioner for investigation as required under State and their parentage of a child born in section 18 of the Refugee Act 1996. When this Ireland on 10 June 2005. This application is still investigation is complete the file will be returned under consideration by officials in my Depart- to the immigration division of my Department for ment. The person concerned will be notified of a decision to be made on the application. the outcome of this application in due course. The Deputy can, however, be assured that the deportation order will not be enforced pending Deportation Orders. the outcome of this application. 323. Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will offer 325. Mr. Durkan asked the Minister for Justice, extended residency status in the case of a person Equality and Law Reform if he has evidence to (details supplied) in County Kildare; and if he suggest that deportation in the case of a person will make a statement on the matter. [14067/06] (details supplied) in County Dublin will not result in a threat to their life; and if he will make a state- Minister for Justice, Equality and Law Reform ment on the matter. [14069/06] (Mr. McDowell): The person concerned arrived in the State on 24 January 2003 and applied for Minister for Justice, Equality and Law Reform asylum. His application was refused following (Mr. McDowell): The person concerned arrived consideration of his case by the Office of the in the State on 22 October 2003 and applied for Refugee Applications Commissioner and, on asylum. His application was refused following appeal, by the Refugee Appeals Tribunal. consideration of his case by the Office of the Subsequently, in accordance with section 3 of Refugee Applications Commissioner and, on the Immigration Act 1999, as amended, he was appeal, by the Refugee Appeals Tribunal. informed by letter dated 18 February 2005 that Subsequently, in accordance with section 3 of the Minister proposed to make a deportation the Immigration Act 1999, as amended, he was order in respect of him. He was given the options, informed by letter dated 16 February 2006 that to be exercised within 15 working days, of making the Minister proposed to make a deportation representations to the Minister setting out the order in respect of him. He was given the options, reasons why he should be allowed to remain tem- to be exercised within 15 working days, of making porarily in the State, leaving the State before an representations to the Minister setting out the order is made or consenting to the making of a reasons why he should be allowed to remain tem- deportation order. Representations have been porarily in the State, leaving the State before an received on behalf of the person concerned. order is made or consenting to the making of a This person’s case file, including all represen- deportation order. tations submitted, will be considered under This person’s case file, including all represen- section 3(6) of the Immigration Act 1999, as tations submitted, will be considered under 2197 Questions— 6 April 2006. Written Answers 2198 section 3(6) of the Immigration Act 1999, as in response to previous correspondence and amended, and section 5 of the Refugee Act 1996, information submitted to him in the matter of prohibition of refoulement. I expect the file to be persons (details supplied) in Dublin 20 who have passed to me for decision in due course. been subjected to serious harassment and intimi- dation over a prolonged period; if he will ascer- Residency Permits. tain the way in which a summons to appeal in court on 29 March 2006 on a charge unknown to 326. Mr. Durkan asked the Minister for Justice, the person was delivered between midnight on 2 Equality and Law Reform if a person (details April 2006 and 8 a.m. on 3 April 2006; if his atten- supplied) in County Dublin can take up employ- tion has been drawn to the seriousness of the ment while awaiting a final decision on his resi- issue, and the need for immediate action; and if dency and refugee status; and if he will make a he will make a statement on the matter. statement on the matter. [14070/06] [14076/06]

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): The person concerned arrived (Mr. McDowell): The report which I have in the State on 22 October 2003 and applied for requested from the Garda authorities is currently asylum. His application was refused following being finalised and I have requested that it be consideration of his case by the Office of the forwarded as a matter of urgency. Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Domestic Violence. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was 329. Mr. Naughten asked the Minister for informed by letter dated 16 February 2006 that Justice, Equality and Law Reform if his Depart- the Minister proposed to make a deportation ment intends to conduct a widescale public order in respect of him. He was given the options, awareness and education campaign on domestic to be exercised within 15 working days, of making violence; his plans to introduce a training and representations to the Minister setting out the education programme for public officials, the reasons why he should be allowed to remain tem- Judiciary and health care professionals on the porarily in the State, leaving the State before an topic; and if he will make a statement on the order is made or consenting to the making of a matter. [14083/06] deportation order. This person’s case file, including all represen- Minister for Justice, Equality and Law Reform tations submitted, will be considered under (Mr. McDowell): As the Deputy will be aware, section 3(6) of the Immigration Act 1999, as the National Steering Committee on Violence amended, and section 5 of the Refugee Act 1996, Against Women, NSC, was set up in 1997 to prohibition of refoulement. At present, the person provide co-ordinated actions by the many statu- concerned is not entitled to take up employment tory and voluntary bodies involved in responding in the State as he has not been granted per- to the problem of violence against women. My mission to remain in the State. I expect the file to Department, in conjunction with the NSC, has be passed to me for decision in due course. conducted a series of successful awareness raising campaigns dealing with various aspects of this 327. Mr. Durkan asked the Minister for Justice, issue in recent years. The NSC is currently Equality and Law Reform if or when a further developing a strategic plan for its work over the application for family reunification or residency next five to ten years, which will include the will he entertained in the case of a person (details development of a long-term and wide ranging supplied) in Dublin 1; and if he will make a state- strategy for raising public awareness of the issue ment on the matter. [14072/06] of violence against women. The strategic plan should be completed this year and will be widely Minister for Justice, Equality and Law Reform circulated. This plan is expected to address the (Mr. McDowell): I informed the Deputy in information and awareness needs of relevant response to his Question No. 695 of 21 March public officials and health professionals in part- 2006 that an application by the person concerned nership with the training and education arrange- was refused on the 18 July 2005. The person con- ments already in place for the groups in question. cerned was naturalised on the 3 March 2005 and In the case of the Judiciary, which is indepen- became an Irish citizen at that time. There is no dent in the exercise of its functions under the law provision for the granting of family reunification and the Constitution, the Deputy should note to adult family members of naturalised Irish that the provision of training and education is a citizens. matter for the Judicial Studies Institute estab- lished in 1996 for this purpose. My role in this regard is to support any programmes put in place Garda Operations. by the institute through funding made available 328. Mr. Durkan asked the Minister for Justice, in the courts vote, which is administered by the Equality and Law Reform the action he has taken Courts Service. 2199 Questions— 6 April 2006. Written Answers 2200

Child Care Services. been successfully implemented in the Health Service Executive and are now being extended to 330. Mr. J. O’Keeffe asked the Minister for all organisations previously registered for vetting. Justice, Equality and Law Reform the position in Significant changes have been made in the work respect of Garda clearance for those applying for processes of the unit in order to streamline the jobs at home and abroad; if and the way in which clearance certificates are obtained locally or processing of vetting applications, and these have through the central vetting unit; and if he will resulted in an improved service being provided. make a statement on the matter. [14092/06] An additional 17 staff have been sanctioned for the GCVU to more than double its numbers from 334. Mr. G. Mitchell asked the Minister for 13 to 30. As at 5 April 2006, the personnel Justice, Equality and Law Reform if he will make strength of the GCVU is one Garda inspector, a statement on the concerns expressed by a child one Garda sergeant, one Civil Service staff officer care network (details supplied) in relation to vet- and 23 Civil Service clerical officers. These ting. [14126/06] numbers include staff of a newly established sub- unit, namely, the data protection processing unit, 343. Aengus O´ Snodaigh asked the Minister for to process personal data access requests pursuant Justice, Equality and Law Reform the provisions to the Data Protection Acts 1988-2003. that are in place for the vetting of child care The expansion of the Garda vetting service to workers; the number of many applications that new organisations and sectors will occur by are still waiting for clearance; the waiting time for means of a phased roll out to an increasing completion of the vetting process; and if he will number of organisations in the child care and vul- make a statement on the matter. [14142/06] nerable adult care sector, including to child care workers in FA´ S programmes. To this end, a 344. Aengus O´ Snodaigh asked the Minister for phased expansion plan within current resource Justice, Equality and Law Reform the provisions capacities has been prepared and accepted by the that are in place for the vetting of child care implementation group on Garda vetting. This has workers in FA´ S programmes, private providers resulted in an increase in the number of Health and child care workers whose country of origin is Service Executive personnel being vetted in the outside Ireland or who have worked for extended first quarter in 2006, as well as vetting being intro- periods outside of Ireland; and if he will make a duced for the Private Security Authority. A statement on plans for improving the current vet- number of organisations from the voluntary sec- ting process. [14143/06] tor are currently being identified for vetting services. 345. Aengus O´ Snodaigh asked the Minister for The expansion of the vetting service being pro- Justice, Equality and Law Reform the number of vided by the GCVU is proceeding in a planned people that are working in the Garda Sı´ocha´na and structured manner in consultation with vetting unit in Templemore; and the grades and Departments responsible for child care. This duties of each member of the unit. [14144/06] expansion will continue until vetting is provided for all personnel working in a full-time, part-time Minister for Justice, Equality and Law Reform or voluntary capacity with children or vulnerable (Mr. McDowell): I propose to take Questions adults. The vetting of persons whose country of Nos. 330, 334, 343, 344 and 345 together. origin is other than Ireland or who provide an The Garda central vetting unit, GCVU, was address outside Ireland is dependent upon the established in 2002 and currently processes vet- timely co-operation of the relevant non-national ting requests in respect of, inter alia, prospective authorities. Every effort is made by the GCVU full-time employees of the Health Service Execu- to obtain this information. tive and certain agencies funded by the Health The GCVU is currently in receipt of approxi- Service Executive as well as in respect of selected mately 2,250 valid requests for vetting per week. employments in other sectors. In addition, the unit receives approximately 250 In 2004, an inter-agency working group on applications per week that must be returned to Garda vetting reported with a clear and focused the sender for further attention before processing strategy for enhancing national vetting arrange- can proceed. At any given time there are approxi- ments. The strategy provides for an expansion of mately 10,000 vetting applications on hand within the GCVU’s vetting service to all organisations the GCVU. These applications are currently that recruit persons having substantial unsuper- being processed to a conclusion within approxi- vised access to children and vulnerable adults. mately four weeks from the date of receipt of a The implementation of the strategy is being over- valid application. seen by an implementation group on Garda vet- For certain categories of person dealing with ting comprising key stakeholders. The GCVU has non-national authorities, the Garda Sı´ocha´na been successfully decentralised to new, custom provides a record of criminal convictions in the designed office accommodation in Thurles, form of a police certificate. Specifically, police County Tipperary. Since its decentralisation in certificates may be obtained in respect of appli- November 2005, new liaison mechanisms have cants seeking non-national visas, including those 2201 Questions— 6 April 2006. Written Answers 2202 seeking non-national residence, to establish or touch with the Deputy in respect of this matter register businesses in other member states of the when it becomes available. European Union and non-national consular services, including those seeking non-national Refugee Appeals Tribunal. adoptions. Applications for police certificates 333. Mr. J. O’Keeffe asked the Minister for may be made to the Garda superintendent in Justice, Equality and Law Reform the members charge of the Garda district where the applicant of the Refugee Appeals Tribunal; the dates of normally resides or where the applicant normally their appointment and the remuneration paid to resided in respect of persons now living abroad. each of them in each of the years since their Police certificates are not provided for child care appointment. [14119/06] clearance, as the latter is only available from the Minister for Justice, Equality and Law Reform GCVU. (Mr. McDowell): The information required by the Deputy, in so far as the dates of appointment Citizenship Applications. of members and the remuneration paid to each 331. Mr. J. O’Keeffe asked the Minister for of them in each of the years since their appoint- Justice, Equality and Law Reform if his attention ment, is set out in tabular form. RAT members has been drawn to the urgency in completing the are appointed for a term of three years which is acceptance of post-nuptial citizenship for a per- renewable. son (details supplied) in County Cork who mar- As the Deputy is aware, the Refugee Appeals ried an Irish citizen over five years ago. Tribunal is a statutory independent body estab- [14093/06] lished under the Refugee Act 1996 in order to deal with appeals against negative recom- Minister for Justice, Equality and Law Reform mendations in respect of applications for refugee (Mr. McDowell): A declaration of Irish citizen- status issued by the Office of the Refugee Appli- ship as post-nuptial citizenship on foot of his mar- cations Commissioner, ORAC. The tribunal has riage to an Irish citizen was lodged in the citizen- been in operation since November 2000 and is ship section of my Department by the person in comprised of a full-time chairperson and 33 part- question on 31 May 2005. The declaration was time members. The tribunal has undertaken a sig- examined recently and was deemed to be in nificant job of work since its establishment, taking order. A letter informing the person in question some 23,107 decisions up to the end of 2005. It of this and requesting the statutory fee has issued has also been tackling on an ongoing basis the and a certificate confirming that he is an Irish citi- number of appeals on hand and moving from a zen will issue as soon as possible after receipt of situation where on 31 January 2004, it had some the fee. 2,596 appeals to clear — some 990 of which were six months old — to a situation at the end of February 2006 where it had 1,417 appeals on Criminal Prosecutions. hand, 392 of which were over six months old. 332. Ms Shortall asked the Minister for Justice, In line with the general downward trend in asy- Equality and Law Reform the number of pro- lum applications from, for example, 11,634 in visional drivers prosecuted and the number con- 2002 to 4,323 in 2005, the cost of the operation of victed in each of the years since and including the tribunal can also be expected to continue to 2000 for driving unaccompanied; and the level of fall. This will allow the continued redeployment Garda enforcement of this aspect of road traffic of resources from the asylum process to support law. [14106/06] the capacity of the Irish Naturalisation and Immi- gration Service, INIS, to enhance service pro- Minister for Justice, Equality and Law Reform vision in the area of immigration — visas, citizen- (Mr. McDowell): I regret that it has not been pos- ship, etc. — as well as increasing the number of sible in the time available to obtain the infor- persons found not to have a protection need mation requested by the Deputy. I will be in being returned to their country of origin.

Table 1 — Current Members of RAT and Dates of Appointment

Name Date of Appointment Date of Reappointment

1. Eamonn Cahill, SC 20/11/00 20/11/03 2. Aidan Eames, Solr 20/11/00 20/11/03 3. Eamonn Barnes, BL 20/11/00 20/11/03 4. Jim Nicholson, BL 20/11/00 20/11/03 5. Donal Egan, BL 20/11/00 20/11/03 6. Patrick Hurley, Solr 20/11/00 20/11/03 7. Des Zaidan, BL 20/11/00 20/11/03 8. Bernadette Cronin, SC 20/11/00 20/11/03 2203 Questions— 6 April 2006. Written Answers 2204

[Mr. McDowell.]

Name Date of Appointment Date of Reappointment

9. Michael O’Kennedy, SC 05/06/02 20/11/03 10. Olive Brennan, BL 30/04/03 23/01/04 11. Michelle O’Gorman, BL 17/07/01 17/07/04 12. Rory MacCabe, SC 31/07/01 31/07/04 13. David Andrews, SC 05/06/02 03/08/04 14. Ben Garvey, BL 26/09/01 29/09/04 15. Declan McHugh, BL 10/10/01 10/10/04 16. Joseph Barnes, BL 23/05/02 17/01/05 17. Paul A. McGarry, BL 21/01/02 21/01/05 18. Bruce St.John Blake, Solr 22/02/02 22/02/05 19. Denis Linehan, Solr 04/03/02 04/03/05 20. Anne Tait, Solr 12/03/02 12/03/05 21. John Hayes, Solr 12/03/02 12/03/05 22. Bernard McCabe, BL 12/01/04 23. Mary E. Laverty, SC 12/01/04 24. David McHugh, BL 12/01/04 25. Ricardo Dourado, BL 12/01/04 26. Elizabeth O’Brien, BL 12/01/04 27. Susan Nolan, Solr 08/03/04 28. Samantha Cruess Callaghan, BL 10/03/04 29. Margaret Levey, BL 10/06/04 30. Judy Blake, BL 20/12/04 31. Sean Deegan, BL 20/12/04 32. Noel Whelan, BL 20/12/04 33. David Goldberg, SC 20/01/05

Table 2 — Payments to Tribunal Members

Member 2001 2002 2003 2004 2005 2006 end Feb

Aidan Eames 22,098.52 113,790.44 101,587.98 62,563.07 37,750.83 230.51 Anne Tait 0.00 15,611.24 45,345.36 22,391.66 36,839.06 3,478.75 Ben Garvey 2,285.53 95,831.50 154,066.31 194,085.88 101,548.69 15,369.43 Bernadette Cronin 36,878.27 156,103.38 129,799.58 128,348.96 92,817.33 7,311.43 Bernard McCabe 0.00 0.00 0.00 35,397.98 52,391.82 11,562.77 Bruce St John Blake 0.00 18,045.98 56,366.67 40,357.96 49,210.77 922.03 David Andews 0.00 18,582.94 55,638.86 93,865.54 100,627.26 10,064.18 David Goldberg 0.00 0.00 0.00 0.00 9,542.10 926.26 David Mc Hugh 0.00 0.00 0.00 58,820.53 74,771.39 18,344.21 Declan McHugh 0.00 35,854.76 13,771.02 45,669.66 30,415.79 7,407.02 Denis Linehan 0.00 20,887.44 57,422.99 131,848.88 65,597.15 4,731.10 Des Zaidan 20,242.33 68,270.77 75,229.36 134,571.91 80,757.86 7,811.77 Donal Egan 42,708.91 88,588.34 116,315.44 94,588.18 46,941.39 1,152.53 Eamon Barnes 26,603.34 62,862.19 41,708.73 62,472.95 27,621.64 8,683.59 Eamonn Cahill 55,988.01 138,951.95 109,653.81 111,416.23 80,003.44 6,953.27 Elizabeth O’Brien 0.00 0.00 0.00 54,094.90 100,390.72 14,327.01 Jim Nicholson 82,097.45 208,039.41 135,415.36 232,762.91 100,964.84 20,915.46 John Hayes 0.00 49,837.87 82,385.41 54,719.25 47,853.73 461.02 Joseph Barnes 0.00 2,025.29 10,049.07 28,957.16 9,550.58 1,417.53 Judy Blake 0.00 0.00 0.00 0.00 15,645.33 3,069.78 Margaret Levey 0.00 0.00 0.00 11,792.07 57,270.54 230.51 Mary E. Laverty 0.00 0.00 0.00 35,567.97 33,005.80 3,970.01 2205 Questions— 6 April 2006. Written Answers 2206

Member 2001 2002 2003 2004 2005 2006 end Feb

Michael O’Kennedy 0.00 14,335.84 87,196.92 81,333.21 67,065.77 6,155.28 Michelle O’Gorman 4,670.10 70,907.88 76,735.48 86,734.64 99,540.67 10,527.00 Noel Whelan 0.00 0.00 0.00 0.00 8,748.33 1,996.50 Paul A. McGarry 0.00 46,659.43 82,419.55 57,781.16 46,931.07 0.00 Olive Brennan 0.00 0.00 19,097.45 123,491.03 98,112.90 20,539.75 Patrick Hurley 21,410.32 129,783.23 90,941.02 116,573.67 88,851.57 12,470.27 Ricardo Dourado 0.00 0.00 0.00 20,698.90 33,563.63 5,331.27 Rory MacCabe 8,745.96 75,845.99 62,849.85 66,473.79 66,501.65 8,609.76 Sean Deegan 0.00 0.00 0.00 0.00 6508.01 5391.00 Samantha Cruess Callaghan 0.00 0.00 0.00 17,600.68 34,465.07 230.51 Susan Nolan 0.00 0.00 0.00 17,130.24 37,590.42 8,707.77

Total 323,728.74 1,430,815.87 1,603,996.22 2,222,110.97 1,839,397.15 229,299.28

Question No. 304 of 22 February 2006; and if he Question No. 334 answered with Question will make a statement on the matter. [14134/06] No. 330. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda authorities that the number of taxi drivers who Taxi Regulations. appealed against a decision of the Garda Sı´och- 335. Ms Shortall asked the Minister for Justice, a´na not to renew or accept their applications for Equality and Law Reform if he is now in a posi- each of the past five years, the number of these tion to provide the information requested in appeals that were successful, the numbers that failed and the numbers pending are as set out in the following table.

2001 2002 2003 2004 2005

Appeals 21 26 33 17 34 Successful Appeals 10 10 13 7 14 Failed Appeals 4 9 10 6 4 Pending 10112

I am further informed that in many cases the taxi breath for the level of alcohol and eliminates the driver opts to withdraw the appeal. need for a doctor to take a blood or urine sample. Currently, there are 390 alcometers on issue to Garda Equipment. members in Garda district headquarters as well as the blow-in-the-bag type that are on issue in 336. Ms Shortall asked the Minister for Justice, every Garda station. The breakdown of alcomet- Equality and Law Reform the number of ers per Garda district is as set out in tabular form. breathalysers currently in use by the Garda with a breakdown for each individual Garda District Alcometers station. [14135/06]

Minister for Justice, Equality and Law Reform Naas 6 (Mr. McDowell): The Garda Commissioner is Kildare 2 fully aware that I will continue to provide the Carlow 5 necessary resources to the Garda Sı´ocha´na, as Baltinglass 2 requested by him, to enable them to carry out Monaghan 7 their duties in relation to our traffic laws. I am informed by the Garda authorities that Bailieboro 2 there are three types of breathalysers in use by Ballyconnell 2 that Garda Sı´ocha´na — the blow-in-the-bag alco- Carrickmacross 1 lyser and the alcometer, both of which are used Cavan 6 for roadside breath testing, and the intoxilyser, Ennis 6 which is installed in a number of Garda stations. The alcolyser and alcometer test for the presence Ennistymon 2 of alcohol in the breath. The intoxilyser eviden- Killaloe 2 tial breath testing instrument tests the driver’s Kilrush 2 2207 Questions— 6 April 2006. Written Answers 2208

[Mr. McDowell.] District Alcometers District Alcometers Westport 2 Anglesea Street 7 Roscommon 5 Gurranabraher 3 Ballinasloe 2 Mayfield 3 Boyle 2 Togher 4 Castlerea 2 Fermoy 4 Tuam 4 Cobh 2 Sligo 6 Midleton 4 Ballymote 1 Mallow 2 Carrick-on-Shannon 4 Bandon 4 Bantry 1 Manorhamilton 3 Clonakilty 3 Thurles 6 Kanturk 2 Cahir 2 Macroom 1 Clonmel 2 Letterkenny 8 Nenagh 1 Buncrana 4 Templemore 2 Ballyshannon 6 Tipperary 1 Milford 2 Waterford 7 Glenties 1 Dungarvan 5 Galway 6 Kilkenny 4 Clifden 1 Thomastown 2 Gort 1 Tramore 2 Loughrea 3 Wexford 4 Salthill 3 Enniscorthy 2 Tralee 4 Gorey 7 Cahirciveen 1 New Ross 2 Killarney 4 Listowel 2 Wicklow 1 Portlaoise 8 Store Street 2 Abbeyleix 2 Fitzgibbon Street 7 Birr 3 Bridewell 2 Tullamore 2 Santry 8 Henry Street 6 Coolock 4 Roxboro Road 2 Raheny 4 Askeaton 1 Pearse Street 7 Newcastlewest 2 Kevin Street 3 Bruff 3 Donnybrook 3 Mullingar 5 Crumlin 3 Athlone 3 Terenure 7 Granard 2 Tallaght 3 Longford 3 Du´ n Laoghaire 9 Drogheda 7 Bray 5 Dundalk 3 Blackrock 4 Kells 4 Navan 1 Blanchardstown 8 Trim 3 Ballyfermot 5 Balbriggan 2 Lucan 4 Ashbourne 2 Dublin Castle 11 Castlebar 4 Totals 390 Ballina 5 Belmullet 2 There are 64 evidential breath testing instru- Claremorris 2 ments, one in each of the following Garda Swinford 2 stations. 2209 Questions— 6 April 2006. Written Answers 2210

Station Station Santry Ashbourne Sligo Athlone Store Street Ballina Terenure Baltinglass Thurles Bandon Tralee Bantry Trim Belmullet Tuam Birr Tullamore Blanchardstown Waterford Bray Wexford Bridewell Wicklow Bruff Buncrana Cahirciveen Garda Training. Carlow 337. Ms Shortall asked the Minister for Justice, Carrick on Shannon Equality and Law Reform the number of gardaı´ Carrickmacross trained in the use of the hand-held laser speed Castlebar gun with a breakdown by Garda division. [14136/06] Cavan Clifden Minister for Justice, Equality and Law Reform Clonmel (Mr. McDowell): I regret that it has not been pos- Donegal sible in the time available to obtain the infor- Drogheda mation requested by the Deputy. I will be in touch with the Deputy in relation to this matter Du´ n Laoghaire when it becomes available. Dundalk Dungarvan 338. Ms Shortall asked the Minister for Justice, Ennis Equality and Law Reform the number of gardaı´ Ennistymon trained in the use of the roadside breathalyser, Galway and the number of gardaı´ trained in the use of the evidential breath testing machine. [14137/06] Glenties Gorey Minister for Justice, Equality and Law Reform Gort (Mr. McDowell): I am informed by the Garda Henry Street authorities that training in the use of the roadside Kanturk breathalyser — alcometer — and the evidential Kells breath testing machine — intoxilyser — is ongoing. The number of gardaı´ currently trained Kilkenny in the use of the roadside breathalyser and the Killarney number of gardaı´ trained in the use of the eviden- Kilrush tial breath testing machine as at 5 April 2006 are Letterkenny set out in the following table. Longford Alcometer 2,160 Loughrea Macroom Evidential Breath Testing Machine 1,752 Mallow Midleton With regard to increased resources for the Garda Monaghan traffic corps, as a result of the Government’s Mullingar approval of my proposal to increase the strength of the Garda Sı´ocha´na to 14,000 members, the Naas Garda Commissioner will be in a position, as each Nenagh cycle of recruit training is completed, to assign Newcastlewest additional new members to the areas of greatest Pearse Street need with particular regard to certain priorities. Portlaoise An assistant commissioner, Mr. Eddie Rock, was appointed on 22 February 2005 to head up the Roscommon corps. Between now and 2008, the traffic corps 2211 Questions— 6 April 2006. Written Answers 2212

[Mr. McDowell.] Minister for Justice, Equality and Law Reform will increase its numbers to a complement of (Mr. McDowell): I propose to take Questions 1,200 on the following phased basis: 2006 — 805; Nos. 340 and 341 together. 2007 — 1,030; and 2008 — 1,200. I regret that it has not been possible in the time It is intended that by the end of the first quar- available to obtain the information requested by ter of 2006 the numbers in the traffic corps will the Deputy. I will be in touch with the Deputy have increased by 60 and thereafter increased by with regard to this matter when it becomes a further 60 each quarter to reach a total com- available. plement of 805 at the end of 2006. The new members will be assigned to divisions which have Garda Strength. been established, as a result of close analysis and 342. Ms Shortall asked the Minister for Justice, evaluation of road safety issues, to be in most Equality and Law Reform if he is now in a posi- need of additional resources to pursue enforce- tion to provide the information requested in ment strategies. Question No. 179 of 1 March 2006; and if he will make a statement on the matter. [14141/06] 339. Ms Shortall asked the Minister for Justice, Equality and Law Reform the level of Garda in- Minister for Justice, Equality and Law Reform service training on road traffic issues; the courses (Mr. McDowell): As the Deputy will be aware, I covered in this area; and the throughput in each was not in a position to provide all the infor- course in a typical year. [14138/06] mation requested in relation to Question No. 179 of 1 March 2006 at that time. I have now been Minister for Justice, Equality and Law Reform informed by the Garda authorities, who are (Mr. McDowell): I have been informed by the responsible for the detailed allocation of Garda authorities that road traffic is a key resources, including personnel, that the Garda element of continuous professional development, personnel strength, all ranks, of the Carriage with the following road traffic related courses Office as at 31 December 1998 to 2005, inclusive, provided as part of the continuous professional was as set out in the following table, development programme — traffic corps training, divisional traffic inspectors, traffic corps super- Year Strength visors, speed detection equipment, forensic colli- sion investigation, fixed charge penalty system, 1998 20 evidential breath testing, PSV inspectors, 1999 18 GATSO, Ultra-Lite-Laser, CPD core prog- 2000 13 ramme, conflict resolution, intercultural issues, 2001 10 non-Irish national vehicles-drivers and Stinger. 2002 8 I have been further informed that the compo- sition of these courses varies, as some of the 2003 8 courses are for members attached to specific 2004 8 areas within the traffic policing function. Some 2005 7 courses are given to all operational members and some are strictly for certain ranks or departments. I am glad to see the reduction in number of Garda management states that the information gardaı´ assigned to the Carriage Office as this requested by the Deputy on the throughput in means more officers are assigned to front line each course in a typical year is not readily duties. I am anxious that this trend continues available. across the remit of the force. Garda personnel assigned throughout the country, together with Road Traffic Offences. overall policing arrangements and operational 340. Ms Shortall asked the Minister for Justice, strategy, are continually monitored and reviewed. Equality and Law Reform the statistics that are Such monitoring ensures that optimum use is available on the number of speed detections by made of Garda resources and the best possible gardaı´ by detection instrument used and to Garda service is provided to the public. provide a breakdown of these for the past five I have also been informed by the Garda auth- years for which figures are available. [14139/06] orities that the personnel strength, all ranks, of the Garda Sı´ocha´na as at 31 December 1997 and 341. Ms Shortall asked the Minister for Justice, 20 March 2006 was 10,702 and 12,445, respec- Equality and Law Reform if statistics are avail- tively. This represents an increase of 1,743, or able on the number of prosecutions of speeding 16.3%, in the personnel strength of the Garda Sı´ocha´na during that period. offences taken by speed detection device and the corresponding number of failed prosecutions to Moreover, the timescale for achieving the tar- provide a breakdown of these for the past five get strength of 14,000 members of the Garda ´ ´ years for which figures are available. [14140/06] Sıochana in line with the commitment in An Agreed Programme for Government remains as 2213 Questions— 6 April 2006. Written Answers 2214 when I announced the Government approval in Garda authorities, who are responsible for the October 2004 for my proposals to achieve this detailed allocation of resources, including person- objective. The phased increase in the strength of nel, that student probationer gardaı´ receive the the Garda Sı´ocha´na to 14,000 will lead to a com- following training on drink driving procedure. bined strength, of both attested Gardaı´ and During phase I, student gardaı´ attend a recruits in training, of 14,000 by the end of this classroom- based lecture on the legislation in year. This project is fully on target and will be respect of drink driving. The lecture covers the achieved. various offences under the Road Traffic Acts and As part of the accelerated recruitment cam- the powers of arrest available to members of the paign to facilitate this record expansion, 1,125 Garda Sı´ocha´na in these circumstances. The time Garda recruits were inducted to the Garda allocated to the delivery of this lecture to the College during 2005. The college will induct a students is four hours. The lecture also covers further 1,100 recruits this year and again in 2007, roadside procedure and station procedure regard- by way of intakes to the Garda College of ing drink driving offences. approximately 275 recruits every quarter. The During phase II, student gardaı´ receive the fol- first incremental increase of newly attested gardaı´ lowing training with regard to drink driving under the programme of accelerated recruitment offences: a two hour class presentation on drink took place on 15 March 2006. The Garda Com- driving procedure; two weeks attachment to missioner will draw up plans on how best to dis- traffic units, during which they undergo deep tribute and manage these additional resources experiential learning and observation of drink and in this context the needs of the Carriage driving cases; and a one week attachment to the Office will be fully considered. local District Court or court procedures office, where prosecution of drink driving cases may be Questions Nos. 343 to 345, inclusive, answered observed. with Question No. 330. During phase III, student gardaı´ attend a further a classroom-based lecture, with specific Missing Persons. reference to a number of High Court and Supreme Court stated cases, on the legislation in 346. Ms C. Murphy asked the Minister for relation to drink driving. This lecture focuses on Justice, Equality and Law Reform if he intends the necessary proofs which must be established in to re-establish the missing persons helpline and court by gardaı´ prosecuting drink driving deliver on the recommendations made in the offences. The time allocated to the delivery of report into the evaluation of the national missing this lecture to the students is one hour. persons helpline; and if he will make a statement A mock prosecution of a drink driving offence on the matter. [14145/06] also forms part of the phase III individual case studies. A certain number of student gardaı´ are Minister for Justice, Equality and Law Reform required to role-play the prosecution of their case (Mr. McDowell): I refer the Deputy to the contri- in this mock court setting. Good clear evidence bution made by the Minister for State at the and the necessary proofs are required by the Department of Health and Children in the “prosecuting” student gardaı´, who are “cross Adjournment debate on the missing persons examined” by college staff. The students’ class helpline on my behalf in the House on 4 April colleagues also witness the prosecution and take 2006. part in an evaluation after the mock court. Students also attend a two hour training class on Garda Training. the Lion Intoxilyzer 6000 Irl. This class covers the 347. Ms Shortall asked the Minister for Justice, workings of the intoxilyzer, the duties and Equality and Law Reform the training that is pro- responsibilities of trained operators and also vided to gardaı´ to prepare them as a witness in refers to particular High Court and Supreme drink driving prosecutions; the extent of legal Court stated cases. support that is currently offered to gardaı´ in pre- During phase V, student gardaı´ attend a further paring for such cases; if his attention has been three hours of classroom-based lectures on drink drawn to the view of some individual gardaı´ that driving legislation and necessary proofs which under-training and poor legal support as a witness must be established in court by Gardaı´ prosecut- undermines the prosecuting of cases and contrib- ing drink driving offences. As part of the continu- utes to poor prosecution and conviction rates of ous professional development core programme drink driving cases; his plans to improve training for 2006, training in the use of evidential breath and legal support; the amount provided in the testing is provided. 2006 Estimates for this; and if he will make a I am further informed by the Garda authorities statement on the matter. [14146/06] that the use of members of the Garda Sı´ocha´na as prosecutors in the case of drink driving convic- Minister for Justice, Equality and Law Reform tions in all Garda divisions other than the Dublin (Mr. McDowell): I have been informed by the metropolitan region has benefits for the oper- 2215 Questions— 6 April 2006. Written Answers 2216

[Mr. McDowell.] Minister for Justice, Equality and Law Reform ation and management of prosecutions. Members (Mr. McDowell): It is not the practice to com- of the Garda Sı´ocha´na who must present the ment in detail on individual asylum applications. prosecution case in open court and who have to As the Deputy will be aware, applications for face the rigour of court procedures, judicial refugee status in the State are determined by an supervision and criticism are likely to be diligent independent process comprising the Office of the in assembling and assessing evidence. In cases Refugee Applications Commissioner and the where senior Garda officers prosecute, the nor- Refugee Appeals Tribunal which make recom- mal managerial supervision of performance is mendations to the Minister for Justice, Equality strengthened when the manager, in his role as and Law Reform on whether such status should prosecutor, must be comprehensively briefed by be granted. A final decision on this application the investigating garda. will be made upon receipt of the decision of the I am also advised that it has been the tradition, Refugee Appeals Tribunal. because of demands made in the Dublin metro- politan region, to request the assistance of the 350. Aengus O´ Snodaigh asked the Minister for chief prosecution solicitor in the prosecution of Justice, Equality and Law Reform the progress offences before the Dublin District Courts. which has been made on the asylum application of a person (details supplied). [14193/06] Irish Language. Minister for Justice, Equality and Law Reform 348. Mr. O’Shea asked the Minister for Justice, (Mr. McDowell): It is not the practice to com- Equality and Law Reform the percentage of the ment in detail on individual asylum applications. staff of his Department able to provide services As the Deputy will be aware, applications for through Irish; and if he will make a statement on refugee status in the State are determined by an the matter. [14188/06] independent process comprising the Office of the Refugee Applications Commissioner and the Minister for Justice, Equality and Law Reform Refugee Appeals Tribunal which make recom- (Mr. McDowell): I wish to advise the Deputy that mendations to the Minister for Justice, Equality my Department has recently drafted a new Irish and Law Reform on whether such status should language scheme which is awaiting final approval be granted. I have been informed that the appli- by the Department of Community, Rural and cant in question has an appeal registered with the Gaeltacht Affairs. Among the provisions of the Refugee Appeals Tribunal and a final decision new scheme will be an audit to identify the will be made by me upon receipt of their recom- members of staff who wish to be involved in mendation. offering services through Irish. The Deputy may wish to note that a previous 351. Aengus O´ Snodaigh asked the Minister for skills survey completed in 2004 identified 67 staff Justice, Equality and Law Reform the progress who claimed a degree of proficiency in Irish. The which has been made on the asylum application audit which is due to be carried out later this year of a person (details supplied). [14194/06] will identify staff who are interested in providing services through Irish. The Department will then Minister for Justice, Equality and Law Reform address any training needs identified. It is then (Mr. McDowell): As the Deputy will be aware, proposed that all staff, including switchboard and applications for refugee status in the State are reception staff, in my Department and associated determined by an independent process compris- bodies will have access to a list of officers who ing the Office of the Refugee Applications Com- will be able to provide services in Irish. In missioner and the Refugee Appeals Tribunal addition, language awareness will be included in which make recommendations to the Minister for induction and customer service training for both Justice, Equality and Law Reform on whether new and existing staff. such status should be granted. It is not the prac- I am satisfied that the proposed new scheme tice to comment in detail on individual asylum for my Department will further ensure the high- applications. However, I have been informed est possible level of provision of services through that, while a decision regarding the applicant’s Irish to those customers wishing to avail of such appeal was issued by the Refugee Appeals Tri- a service. bunal on 27 January 2006, the applicant sub- sequently commenced judicial review pro- ceedings, which are still before the courts. Asylum Applications. 349. Aengus O´ Snodaigh asked the Minister for 352. Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the progress Justice, Equality and Law Reform the progress which has been made on the asylum application which has been made on the asylum application of a person (details supplied). [14192/06] of a person (details supplied). [14195/06] 2217 Questions— 6 April 2006. Written Answers 2218

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): It is not the practice to com- (Mr. McDowell): The application form for the ment in detail on individual asylum applications. assistant chief officer stated: As the Deputy will be aware, applications for Candidates will be required to reach a mini- refugee status in the State are determined by an mum standard on each test in order to be con- independent process comprising the Office of the sidered for Stage Two of the process. Candi- Refugee Applications Commissioner and the dates will be placed in order of merit and a Refugee Appeals Tribunal, which make recom- number will go forward to Stage Two of the mendations to the Minister for Justice, Equality process. Because of the significant number of and Law Reform on whether such status should Officers eligible to apply, prior to the com- be granted. mencement of Stage I of the competition, the I have been informed that the applicant in numbers going forward to Stage II (the question has an appeal registered with the Refu- Interview) will be agreed following discussions gee Appeals Tribunal and a final decision will be with the Irish Prison Service and the Prison made by me upon receipt of their recom- Officers Association. An Officer reaching the mendation. minimum standard is not automatically entitled to proceed to an interview. 353. Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the progress There was a predetermined criteria set by the which has been made on the asylum application firm of occupational psychologists as to what con- of a person (details supplied). [14196/06] stituted the minimum standard. An agreement was reached with the Prison Officers Association Minister for Justice, Equality and Law Reform that the first 150 candidates who had reached the (Mr. McDowell): The person concerned arrived minimum standard would be called for interview. in the State on 17 December 2004 and applied On 6 December 2005, 310 prison officers were for asylum. Her application was refused following scheduled to sit a competency based exam as part consideration of her case by the Office of the 1 of the promotion process to assistant chief Refugee Applications Commissioner and, on officer. The design and preparation of the exam appeal, by the Refugee Appeals Tribunal. was outsourced to a firm of occupational psychol- Subsequently, in accordance with section 3 of ogists which supervised the running of the exam the Immigration Act 1999, as amended, she was and marked the exam papers. informed by letter dated 24 March 2006 that the There were two sessions held in two centres, Minister proposed to make a deportation order that is, Dublin City University, DCU, and the in respect of her. She was given the options, to Irish Prison Service training centre at Beladd, be exercised within 15 working days, of making Portlaoise. Two parallel versions of the same test representations to the Minister setting out the were used in each location, that is, different ver- reasons why she should be allowed to remain sions of the same test. The morning session pro- temporarily in the State; leaving the State before ceeded without incident. However, the afternoon an order is made or consenting to the making of session for those 143 candidates sitting the second a deportation order. parallel version of the papers was aborted as two This person’s case file, including all represen- typing errors were identified in paper 2. The tations submitted, will be considered under errors did not affect the correct answer, but section 3(6) of the Immigration Act 1999, as apparently caused some anxiety among those sit- amended, and section 5 of the Refugee Act 1996, ting the exam at DCU. Those officers in the Port- prohibition of refoulement. I expect the file to be laoise centre completed the test without drawing passed to me for decision in due course. the attention of the invigilators to the errors on the exam. The invigilators took a unilateral decision to abort the test in DCU and contacted Prison Staff. their counterparts in Beladd requesting them to 354. Ms Enright asked the Minister for Justice, do the same. Equality and Law Reform the reason there was In response to this development the Irish no criteria as to what constituted a pass and a fail Prison Service, in consultation with the firm of outlined in the exam taken on the 10 December occupational psychologists involved, arranged for by prison officers for promotion; the reason those staff who had attended the afternoon session on who sat the exam in the afternoon got to re-sit 6 December 2005 to re-sit the exam papers 2 and the exam when those who sat the same paper in 3 on Friday, 3 February 2006. Officers in Beladd the morning did not get this opportunity; when were asked to re-sit paper 2 as it was thought that those who sat the exam will be called for the next although the errors were not brought to anyone’s interview; the status on which this interview call attention there they may have caused some diffi- will be made; if he will explain how the marking culty in completing the test. in the exam was adjudicated; and if he will make The interviews will commence on 10 April a statement on the matter. [14197/06] 2006. While agreement was reached that those 2219 Questions— 6 April 2006. Written Answers 2220

[Mr. McDowell.] tection of children, she will take immediate action rated in the top 150 will be called for interview, to guarantee health and safety and child protec- a number of candidates tied on the same mark tion standards for children with special needs in for 150th place and as result a total of 161 candi- cases where Bus E´ ireann contracts out their dates will therefore be called for interview. school transport to taxi drivers. [14199/06] All candidates provided their responses on computer readable sheets which were scanned 401. Mr. J. Higgins asked the Minister for Edu- and checked by a third party company. The cation and Science if, given that her Department results were sent back to the firm of occupational is ultimately responsible for school transport and psychologists who compiled the final order of contracts out the provision of school transport to merit. Bus E´ ireann, she will take immediate action to guarantee heath and safety and child protection Higher Education Grants. standards for children with special needs in cases ´ 355. Mr. Ring asked the Minister for Education where Bus Eireann contracts out their school and Science her views on allowing people who transport to taxi drivers. [14204/06] are on the one parent family allowance and are under 23 years of age who want to return to 402. Mr. J. Higgins asked the Minister for Edu- college to be assessed on their own income for cation and Science if she will abolish the practice the third level grant; and the action which can be of Bus E´ ireann handing over responsibility of taken for a person like this who wants to return school transport to taxi drivers or hackney drivers to college but wants to be assessed on his or her and introduce instead an appropriate bus own income. [13964/06] service. [14205/06]

Minister for Education and Science (Ms 403. Mr. J. Higgins asked the Minister for Edu- Hanafin): Under the terms of my Department’s cation and Science if, until she introduces an 2005 third level student maintenance grant appropriate school bus service for the transport schemes the position is that, generally speaking, of all special needs children, she will immediately students who are entering approved courses for introduce an escort, qualified and trained to work the first time are eligible for grants where they with special needs children, to accompany chil- satisfy the prescribed conditions with regard to dren whose school transport has been contracted age, residence, means, nationality and previous out to taxi and hackney drivers at all times during academic attainment. A mature student is defined their journey to and from school. [14206/06] for the purposes of the schemes as a candidate who is at least 23 years of age on 1 January of the Minister of State at the Department of Edu- year of entry or re-entry to an approved course. cation and Science (Miss de Valera): I propose to Mature students are categorised as either inde- take Questions Nos. 356 and 401 to 403, inclus- pendent mature students or mature students ive, together. dependent on parents or guardians. An indepen- Bus E´ ireann is responsible for the day to day dent mature student is defined as meaning a operation of the school transport service on mature student who was not ordinarily resident behalf of my Department. at home with his or her parents or guardians from Over 135,000 children are carried on school the October preceding their entry to an approved transport services each day to primary and post- course. Independent mature students are assessed primary schools including approximately 8,000 without reference to either their parents’ or children with special educational needs. The cost guardians’ income or address. of transporting children with special educational When assessing the means of students other needs, including grants, now accounts for about than independent mature students, the means test 33% of the overall allocation for school transport. provision of the scheme specifies that the The allocation for school transport in 2006 is students’ means and those of their parents or \152 million. guardians must be below a prescribed limit. This Bus E´ ireann endeavours to provide the best provision requires that parental income be taken possible transport service for children with into account irrespective of the individual circum- special needs. The size of vehicle required is stances in any case where the student is not an determined by the number of special needs pupils independent mature student. It is not proposed, requiring the service and the suitability of the at present, to change the current definition of vehicle to meet the requirements of the pupil. mature students. The Deputy will appreciate that it is not always possible to facilitate a child, by virtue of his or School Transport. her special needs, on a regular school transport 356. Mr. J. Higgins asked the Minister for Edu- service. Furthermore, many children with special cation and Science if, given that her Department needs travel long distances from home to school is ultimately responsible for the welfare and pro- and individual school transport, such as a taxi 2221 Questions— 6 April 2006. Written Answers 2222 service, may be deemed to be the most suitable charged to the Chief State Solicitor’s office Vote and appropriate mode of transport. as sanctioned by the Attorney General. In the education sector, vetting is available in My Department meets the legal costs of plain- respect of prospective employees of children in tiffs where there is a settlement or an order for detention schools, as well as special needs assist- costs against the State where my Department is ants and bus escorts accompanying children with named. The Department has spent the following special needs. My colleague, the Minister of State amounts in 2005 and this year to date in special at the Department of Education and Science with needs cases in which the Minister for Education special responsibility for children, Deputy Brian and Science is a defendant, respondent or notice Lenihan, announced a doubling of the number of party. In 2005, a sum of \1,600,009.11 was spent staff employed in the Garda central vetting unit, while a total of \16,736.51 has been spent in 2006. which has been relocated to Thurles under the There has been enormous progress made over Government’s decentralisation programme, to the past number of years in relation to increasing ensure that it can handle a greater volume of the number of teachers in our schools who are requests from employers. The provision of specifically dedicated to providing education for additional staff resources will enable the Garda children with special educational needs. At Sı´ocha´na’s vetting services to be extended to all primary level, approximately 5,000 teachers in persons working with children and vulnerable our primary schools now work directly with chil- adults. This will include teachers, caretakers, bus dren with special needs, including those requiring drivers and others working with children, whether learning support. This compares to fewer than on a full-time or part-time basis. 1,500 in 1998. Indeed, one out of every five primary school teachers is now working specifi- My Department allocates funding to schools to cally with children with special needs. enable them to employ escorts on school trans- At second level, approximately 1,647 whole- port services. These escorts are specifically time equivalent additional teachers are in place engaged by the schools to cater for children with to support pupils with special educational needs. special educational needs whose care require- This compares to approximately 200 teachers that ments are such as to necessitate continuous sup- were in place in 1998 for such pupils. In addition, port. These escorts are a valuable service for chil- there are 532 whole-time equivalent learning sup- dren with special needs who require assistance. port teachers. Enormous progress has also been made regard- Special Educational Needs. ing increasing the number of special needs assist- 357. Mr. F. McGrath asked the Minister for ants, SNAs, in our schools who specifically cater Education and Science the amount of public for the care needs of children with special edu- money which was spent on legal cases challenging cational needs. There are over 7,300 whole-time families of children with disabilities in 2005 and equivalent SNAs in primary and second level 2006; and if she will make a statement on the schools supporting children with special needs. \ matter. [13916/06] In addition, my Department spends over 30 million on school transport and over \3 million Minister for Education and Science (Ms towards specialised equipment and materials for pupils with special educational needs. Hanafin): The Deputy will appreciate that my I can confirm that I will continue to prioritise Department does not expend public funds in a the issue of special needs education and, in co- process of challenging through the legal process operation with the National Council for Special the parents of children with disabilities. However, Education and the education partners, ensure where the parents of children with special edu- that all children with special educational needs cational needs initiate litigation proceedings are adequately resourced to enable them to meet against the State in which my Department is a their full potential. named party, every effort is made to resolve matters without the proceedings in question pro- 358. Mr. Timmins asked the Minister for Edu- gressing to an advanced stage. In this regard, I cation and Science the position regarding a school wish to assure the Deputy that I am always con- (details supplied) in County Wicklow which was scious of my duty to ensure that funds allocated due to close on Friday, 31 March without funding; to my Department are effectively applied for the the resources which where announced by her last purposes intended in an economical and week in relation to same; and if she will make a efficient manner. statement on the matter. [13917/06] I wish to emphasise that legal costs incurred by the State in defending those cases which are Minister for Education and Science (Ms brought to court are not met directly by my Hanafin): As outlined previously to the Deputy, Department. In accordance with financial pro- the National Council for Special Education, cedures in cases involving damages or compen- NCSE, through the special education needs sation against the State, costs are generally organiser, SENO, sanctioned a third pre-school 2223 Questions— 6 April 2006. Written Answers 2224

[Ms Hanafin.] I understand that the Christian Brother trus- or early intervention class for children with autis- tees of the college referred to by the Deputy have tic spectrum disorders to the school concerned on announced that, following earlier approaches by 21 March 2006 to facilitate the enrolment of spec- them to Trinity College Dublin, they have agreed ific named pupils pending further investigation in principle to form a co-trusteeship for the into appropriate education provision for these college. pupils. An additional teaching post was sanc- tioned on a temporary basis until the end of the Youth Services. current school year to support this class. 360. Mr. Callely asked the Minister for Edu- In addition, the SENO sanctioned 11 part-time cation and Science if the recruitment of the special needs assistants, SNAs, on 21 March 2006 National Youth Council of Ireland’s assessor of to cater for the individual care needs of the chil- youth work has progressed. [13919/06] dren attending the pre-school or early inter- vention special classes. There are now 18 part- Minister of State at the Department of Edu- time SNAs sanctioned to the school to cater for cation and Science (Miss de Valera): The post of the children attending these pre-school or early an assessor of youth work was advertised in the intervention special classes. national press in December 2005 by the Public I wish to also advise the Deputy that the two Appointments Service on behalf of my Depart- original temporary pre-school or early inter- ment. A total of 15 applications for the post were vention teaching posts sanctioned by my Depart- received and a selection and interview process ment to the school previously have now been has taken place recently. The Public Appoint- sanctioned as posts of indefinite duration, for- ments Service is currently finalising various merly known as permanent posts, for as long as details and procedures relating to the appoint- there are sufficient appropriately referred chil- ment of the assessor of youth work to my dren to warrant these special classes. Department. The need for the continuance of the third pre- school or early intervention class is being con- 361. Mr. Callely asked the Minister for Edu- sidered by the NCSE. Factors such as the needs cation and Science the way in which the establish- of the individual children, levels of existing pro- ment of a development unit as outlined in the vision in the area and geographical location of the National Youth Council of Ireland’s development attendees are matters that the NCSE will need to plan has progressed. [13920/06] take into account in making a decision on the matter. Minister of State at the Department of Edu- I can confirm that I will continue to prioritise cation and Science (Miss de Valera): The national the issue of special needs education for children youth work development plan, prepared by the with autism and, in co-operation with the national youth work advisory committee, National Council for Special Education, ensure NYWAC, recommends the establishment of a that all children with special needs are adequately youth work development unit. resourced to enable them to meet their full As announced in November 2005, the unit is potential. being established by my Department on a pilot basis within the National University of Ireland, Third Level Institutions. Maynooth. Further details, including the terms of reference, resourcing, etc., are under discussion 359. Mr. F. McGrath asked the Minister for between my Department and the other relevant Education and Science if there is a long-term interest groups. strategy to downgrade a college (details supplied) in order to facilitate a takeover by Trinity College Youth Services. Dublin; and if he will clarify this matter. [13918/06] 362. Mr. Callely asked the Minister for Edu- cation and Science his views on the progress on Minister for Education and Science (Ms the National Youth Council of Ireland’s working Hanafin): The college referred to by the Deputy group on volunteering; and if a date has been is a privately owned institution and is funded by agreed for the proposed volunteer seminar. my Department. My Department does not have [13921/06] any strategy, nor is it aware of any strategy in place, to downgrade the college to facilitate a 363. Mr. Callely asked the Minister for Edu- takeover by Trinity College Dublin. If there were cation and Science the number of youth workers such a strategy in place I would be concerned, who have been trained under the national youth and I would invite the Deputy to submit to my education programme in regard to the National officials any information that he has to suggest Youth Council of Ireland’s training strategy. that such a strategy is in place. [13922/06] 2225 Questions— 6 April 2006. Written Answers 2226

Minister of State for the Department of Edu- an inquiry to the relevant institute of technology. cation and Science (Miss de Valera): I propose to When a decision is made on the matter a take Questions Nos. 362 and 363 together. response will issue to the awarding authority. While the youth affairs section of my Depart- ment provides grant-in-aid to the National Youth Languages Programme. Council of Ireland, the details of its programme 367. Mr. McHugh asked the Minister for Edu- of work are a matter for the organisation itself. cation and Science her plans to ensure that Irish My Department has been in contact with the sign language is given official recognition by the National Youth Council which will provide the Government; and if she will make a statement on required information directly to the Deputy. the matter. [13939/06]

Special Educational Needs. Minister for Education and Science (Ms 364. Mr. Ardagh asked the Minister for Edu- Hanafin): I wish to advise the Deputy that Irish cation and Science if there is an obligation on the sign language, ISL, has formal recognition in the State to provide education for children in their Education Act 1998. Under the Act, it is a func- sixth year, similar to a person (details supplied) tion of the Minister for Education and Science to in Dublin 8 who has autism and cannot access a ensure, subject to the provisions of the Act, that place next year. [13936/06] there is made available to each person resident in the State, including a person with a disability or 365. Mr. Ardagh asked the Minister for Edu- who has other special educational needs, support cation and Science the services which will be pro- services and a level and quality of education vided for a person (details supplied) in Dublin 8 appropriate to meeting the needs and abilities of who has autism and is in a lacuna next year as that person. This includes provision for students there is no education place available to them. learning through ISL. [13937/06] A number of initiatives which seek to promote, develop and implement ISL to ensure it will Minister for Education and Science (Ms achieve greater recognition and use in the edu- Hanafin): I propose to take Questions Nos. 364 cation system are currently in place. These and 365 together. include the following. The special schools for the I understand that the child in question is cur- deaf in Cabra, Dublin, have been encouraged to rently accessing education provision through the use of sign language in class. In-service train- placement in a pre-school early intervention ing is provided in the use of ISL. My Department autism specific class in Scoil Mhuire national has provided funding for an ISL weekly home tui- school, Ballyboden, Dublin 16. As the Deputy is tion service whereby deaf tutors visit the homes aware, the National Council for Special Edu- of deaf pre-school children and deaf school-going cation, NCSE, is now operational. A specific pupils to provide training in ISL for the deaf chil- function of the NCSE, through its network of dren-pupils, their siblings and parents. My local special educational needs organisers, Department has sanctioned a pre-school for deaf SENOs, is to identify appropriate educational children on a pilot basis. Programmes are deliv- placements for all children with special edu- ered through the medium of ISL as a first langu- cational needs, including children with autism. age. My Department, through the Higher Edu- The SENO is a focal point of contact for parents cation Authority, HEA, has established and fully and schools. My officials have liaised with the funds a centre for deaf studies in Trinity College, local SENO in the context of the child referred Dublin, which provides diploma courses for ISL- to by the Deputy. The parents of the child in English interpreters, deaf tutors and in deaf question should make contact with the relevant studies. SENO who can assist in accessing an appropriate educational placement for the child. Contact with School Enrolments. the relevant SENO can be made by contacting 368. Ms Enright asked the Minister for Edu- the NCSE at 046-9486400 or alternatively by cation and Science the process to be followed accessing the NCSE website at www.ncse.ie. when appeals against the refusal by a school to enrol a child are lodged to her Department under Higher Education Grants. section 29 of the Education Act 1998; and if she 366. Mr. Ardagh asked the Minister for Edu- will make a statement on the matter. [13959/06] cation and Science if a higher education grant will be granted to a person (details supplied). 369. Ms Enright asked the Minister for Edu- [13938/06] cation and Science the number of appeals lodged to her Department against the decision to enrol Minister for Education and Science (Ms a child under section 29 of the Education Act Hanafin): The circumstances surrounding the 1998 since the legislation came into force; the case to which the Deputy refers are the subject of number of such appeals which have been success- 2227 Questions— 6 April 2006. Written Answers 2228

[Ms Enright.] Education and Science her plans for a school ful; and if she will make a statement on the (details supplied) in Dublin 7; if it is her Depart- matter. [13960/06] ment’s intention to close the school; the strategic plans to develop the school; and if she will make Minister for Education and Science (Ms a statement on the matter. [13989/06] Hanafin): I propose to take Questions Nos. 368 and 369 together. Minister for Education and Science (Ms Section 29 of the Education Act 1998 provides Hanafin): My Department has no plans to close for an appeal to the Secretary General of my the school referred to by the Deputy. The future Department where a board of management of a development of any school is a matter in the first school or a person acting on behalf of the board instance for the patron in consultation with my refuses to enrol a student, suspends a student for Department. more than 20 days in an academic year or expels a student from the school. Appeals must be dealt School Accommodation. with within 30 days of receipt but an appeals com- 371. Dr. Fitzpatrick asked the Minister for mittee may seek an extension of not more than Education and Science her plans to provide much 14 days. needed accommodation for a school (details Appeals are processed under detailed pro- supplied) in Dublin 7; and if she will make a state- cedures in three stages. The first stage, local res- ment on the matter. [13990/06] olution, lasting seven days, allows time for a local resolution to emerge. The second stage, facili- Minister for Education and Science (Ms tation, involves the appointment of an indepen- Hanafin): Officials in the school planning section dent facilitator. The facilitator seeks to resolve of my Department met recently with the owners the issue underlying the appeal to the satisfaction of the building in which the school referred to by of both parties. Appeals which are not resolved the Deputy is currently located. The owners of at the local or facilitation stages progress to the the building have agreed that they will be in a third stage, appeal hearing, a full hearing before position to accommodate the school for a an appeal committee. An appeals committee con- further year. sists of three people, one of whom is a depart- Officials in my Department continue to explore mental inspector. The committee members are other options for the long-term accommodation drawn form a panel of experienced educational- of the school. The difficulty, however, of ists many of whom are ex-school principals. obtaining a suitable site or building in the area in When an appeal has been determined, the which the school is located cannot be under- appeals committee must set out its decision, its estimated. reasons for the decision and, where an appeal has been upheld, any recommendations to the Sec- School Staffing. retary General as to the actions to be taken to remedy the matter. If an appeal is upheld, the 372. Ms Enright asked the Minister for Edu- secretary general may then give directions to the cation and Science the reason there is no appeals board of management to remedy the matter procedure against decisions for the post of princi- which was the subject of the appeal and the board pal or deputy principal within the vocational edu- is required by the Act to comply with such cational committee structure; if this applies to all directions. other post primary schools; if she will review the In the case of a school established or main- situation with a view to ensuring that an appeals tained by a VEC, the appeal against the decision procedure will be introduced; and if she will make of the board of management of the school will a statement on the matter. [13993/06] be made, in the first instance, to the VEC. If the appellant remains unhappy with the outcome of Minister for Education and Science (Ms this process at VEC level he or she has an entitle- Hanafin): The selection and appointment pro- ment to make an appeal directly to the secretary cedures for posts of responsibility in post primary general. schools are agreed between the respective school My Department has received 548 appeals management bodies, the teacher unions and my against decisions to refuse to enrol pupils, and Department and are set out in circular letters 279 of these appeals were either resolved prior to issued by my Department. There is no appeals hearing or were withdrawn by the appellant. Of procedure for the appointment of principal and the 269 appeals which went to hearing, 156 were deputy principal in post-primary schools. upheld in favour of the appellant and 113 were The terms and conditions of employment of not upheld. teachers, including appointment procedures, are matters appropriate to the teacher’s conciliation council which is comprised of representatives of School Closures. the teacher unions, school management, the 370. Dr. Fitzpatrick asked the Minister for Department of Finance and my Department. 2229 Questions— 6 April 2006. Written Answers 2230

Higher Education Grants. Dublin. Consideration will be given to such an application if and when received. 373. Mr. Durkan asked the Minister for Edu- cation and Science if and when a top-up grant or other assistance is payable on foot of a mainten- School Staffing. ance grant paid in 2004 to a person (details 375. Mr. Lowry asked the Minister for Edu- supplied) in County Kildare under the 2004-05 cation and Science if an additional teacher will PLC maintenance grant scheme; and if she will be sanctioned for a school (details supplied) in make a statement on the matter. [13994/06] County Tipperary; and if she will make a state- ment on the matter. [14023/06] Minister for Education and Science (Ms Hanafin): Under the terms of the maintenance Minister for Education and Science (Ms grants scheme for post-leaving certificate courses Hanafin): The mainstream staffing of a primary 2005, grants are available to eligible candidates school is determined by reference to the enrol- who are entering approved PLC courses for the ment of the school on 30 September of the pre- first time in the 2005-2006 academic year. Candi- vious school year. The actual number of main- dates are ineligible if they already hold a FETAC stream posts sanctioned is determined by level 5 qualification, formerly known as a reference to a staffing schedule which is issued to FETAC, NCVA, level 2 qualification, a FETAC all primary schools each year. level 6 qualification, formerly known as a According to data submitted to my Depart- FETAC, NCVA, level 3 qualification, or a third ment by the board of management of the school level qualification at level 6 or higher. Notwith- referred to by the Deputy, the enrolment in the standing this condition, candidates who already school on 30 September 2005 was 68 pupils. In hold a qualification no higher than FETAC level accordance with the staffing schedule, Circular 5, formerly known as a FETAC, NCVA, level 2 0023/2006, which has issued to all primary schools qualification, and are now pursuing a course that and is also available on my Department’s website offers progression may be deemed eligible for at www.education.ie, the mainstream staffing in grant aid. the school for the 2006-07 school year will be a Under the scheme, a grant is tenable for the principal and two mainstream class teachers. normal duration of the approved PLC course and Within the terms of the current staffing is renewable annually subject to the satisfactory arrangements for primary schools, there is pro- participation, attendance and the approval of the vision for additional posts, referred to as vocational education committee. A record of developing school posts, to be assigned to schools achievement is generally issued in respect of indi- on the basis of projected enrolments for the next vidual modules of a course, whereas a full award, school year. Under these arrangements, a FETAC level 5, formally known as a FETAC, developing school post may be sanctioned pro- NCVA, level 2 qualification-level 6 qualification, visionally where the projected enrolment at 30 formally known as FETAC, NCVA, level 3 quali- September of the school year in question equals fication, is issued were all modules of a particular or exceeds a specified figure. If the specified fig- course have been successfully completed. ure is not achieved on 30 September, sanction for My Department understands that the candidate the post is withdrawn. It is open to the board of referred to by the Deputy has previously pursued management to submit an appeal under certain an approved PLC course at FETAC level 5. criteria to an independent appeal board which However, she did not attain the terminal qualifi- was established to adjudicate on appeals on main- cation on completing the course. In the circum- stream staffing allocations in primary schools. stances, she may not be deemed as progressing Details of the criteria and application dates for under the terms of the of the PLC scheme. appeal are contained in the staffing schedule. They are also available in Circular 0024/2006, Appeal Board for Mainstream Staffing in Schools Building Projects. Primary Schools, which is available on my 374. Ms O. Mitchell asked the Minister for Department’s website. Hard copies of this circu- Education and Science her views on the efforts lar have been issued to all primary schools. of parents in south Dublin seeking, with County It is proposed that the first meeting of the Dublin Vocational Educational Committee, appeal board will be held in May 2006. Further patronage sanction for a gaelcholaiste to meet the meetings will be held in July and October 2006. post primary school needs of the several The closing dates for receipt of appeals are 12 gaelscoileanna in the area. [14022/06] May, 24 June and 18 October, respectively. Appeals must be submitted to Primary Payments Minister for Education and Science (Ms Section, Department of Education and Science, Hanafin): My Department is not in receipt of an Athlone, on the standard application form, application from the group referred to by the clearly stating the criterion under which the Deputy to establish a gaelchola´iste in south appeal is being made. The standard application 2231 Questions— 6 April 2006. Written Answers 2232

[Ms Hanafin.] ness of teaching in the school.” The guidance and form is available from Primary Payments Section direction of teachers, the assignment of their or on my Department’s website. The appeal teaching duties and the monitoring of the quality board operates independently of the Minister and of learning and teaching on a day-to-day basis is my Department and its decision is final. the responsibility of the principal teacher of the I am sure the Deputy will appreciate that it school, who is accountable to the board. The would not be appropriate for me to intervene in inspectorate, through whole-school evaluation, the operation of the independent appeal board. monitors the performance of principals and boards of management in this regard. School Accommodation. The inspectorate of my Department is respon- sible for evaluating schools, including the quality 376. Mr. Lowry asked the Minister for Edu- of teaching and the effectiveness of individual cation and Science if her attention has been teachers. The framework for whole-school eval- drawn to the issues regarding a school (details uations in both primary and post-primary schools supplied) in County Tipperary; if the school will includes the evaluation of teaching. In post- be included in this years building and modernis- primary schools, inspectors also conduct an eval- ation programme; and if she will make a state- uation of teaching during the course of subject ment on the matter. [14024/06] inspections. At primary level, inspectors evaluate the work of teachers on probation. Minister for Education and Science (Ms Hanafin): The school’s application under the In 2005, 253 whole school reports, both whole additional accommodation scheme 2006 was not school evaluations and tuairiscı´ scoile, were con- successful. Based on the information supplied by ducted in primary schools and 53 whole school the school, it became evident that a more major evaluations were completed in post-primary project was required to address the school’s schools. The inspectorate evaluated and reported accommodation needs into the future. on 1,611 probationary teachers at primary level In order for the need to be thoroughly in 2005, and at post-primary level 676 subject assessed, the management authority has been inspections were conducted. In addition to WSE, advised to complete an application form for subject inspection, and evaluation of teachers on major capital investment. This will enable the probation at primary level, inspectors periodically school planning section in my Department to conduct thematic evaluations of specific aspects fully determine the school’s long term accommo- of educational provision, paying particular atten- dation needs. Factors such as current and pro- tion to the quality of teaching observed. jected enrolment, demographic trends in the area, Where, in the course of evaluations, under-per- and the likely impact of recent and proposed formance of teachers is noted, the inspectorate housing developments will be considered as part draws the attention of the principal to this fact. of my Department’s assessment in determining At primary level, rule 161 of the rules for national the school’s long term needs. When this is fully schools outlines the evaluation procedures to be determined, a decision will be made on how best followed where the work of a teacher has deterio- to address the school’s needs going forward. Con- rated to such an extent that the estimate “satisfac- sideration will also be given to the project’s suit- tory” is no longer merited. In the case of teachers ability for delivery under the small schools employed by Vocational Education Committees, scheme at the appropriate time. Department of Education and Science Circular 43/85 outlines the evaluation procedures to be Teaching Performance. followed in the context of adverse reports on teaching performance. 377. Mr. Carey asked the Minister for Edu- cation and Science the measures her Department Schools Building Programmes. has taken to monitor teacher performance; and if she will make a statement on the matter. 378. Mr. Nolan asked the Minister for Edu- [14025/06] cation and Science when funding will be available for the extension to a school (details supplied) in Minister for Education and Science (Ms County Carlow; and if she will make a statement Hanafin): The issue of quality of teaching within on the matter. [14026/06] a school falls within the remit of the board of management and principal of that school. It is the Minister for Education and Science (Ms duty of the board to provide, or cause to be pro- Hanafin): My Department is in receipt of an vided, an appropriate education for all students application for capital funding from the school to attending the school. The Education Act requires which the Deputy refers. The application has that “schools use their available resources to been assessed in accordance with the published establish and maintain systems whereby the prioritisation criteria for large scale building pro- efficiency and effectiveness of its operation can jects and has been assigned a band 2 rating. Pro- be assessed, including the quality and effective- gress on the project is being considered in the 2233 Questions— 6 April 2006. Written Answers 2234 context of the school building and modernisation the amount of school time which is to be devoted programme from 2006 onwards. to the teaching of religion in primary schools; and if she will make a statement on the matter. 379. Mr. Nolan asked the Minister for Edu- [14029/06] cation and Science when funding will be made available for the extension to a school (details Minister for Education and Science (Ms supplied) in County Carlow; and if she will make Hanafin): Section 15 of the Education Act 1998 a statement on the matter. [14027/06] requires boards of management of schools to uphold, and be accountable to the Patron for Minister for Education and Science (Ms upholding, the characteristic spirit of the school Hanafin): I can confirm to the Deputy that the as determined by the cultural, educational, moral, school to which he refers has applied to my religious, social, educational, linguistic and spiri- Department for large scale capital funding. The tual values and traditions which inform and are application has been assessed in accordance with characteristic of the objectives and conduct of the published prioritisation criteria for large scale the school. projects and progress on the proposed works is Provision is made for the inclusion of religious being considered in the context of the school education on the curriculum for primary schools. building and modernisation programme from My Department recognises the rights of the 2006 onwards. different church authorities to design these cur- In the meantime, approval has been given to ricula and to supervise their teaching and imple- the school for the rental of temporary accommo- mentation. To this end, thirty minutes of the dation to meet its immediate accommodation school day is allocated to the teaching of religious needs. This is a short-term rental agreement education at primary level. which will only remain in place until such time as the permanent accommodation needs of the Schools Building Projects. school are met. 382. Mr. Stagg asked the Minister for Edu- cation and Science if she has received the stage 380. Mr. McCormack asked the Minister for two submission in relation to the required phase Education and Science the progress which is two extension to a school (details supplied); and being made in relation to an application for a new when it will be considered. [14032/06] national school for the Knocknacarra area, Galway; when it is likely that this application will Minister for Education and Science (Ms be approved and advanced on; and if she will Hanafin): The building project for the school make a statement on the matter. [14028/06] referred to by the Deputy is at an early stage of architectural planning. Minister for Education and Science (Ms My Department’s officials have recently Hanafin): The building project for the school in received the stage 2 submission, outline sketch question is at an early stage of architectural plan- scheme. When the stage 2 is reviewed, my ning. The project is currently at stage 1/2, site Department will be in further contact with the suitability and site analysis. The school was listed school authorities as to the next steps involved in in my announcement of 2005 as a project to pro- progressing this building project. gress through architectural planning up to pre- tender stage, that is, up to and including advanced School Accommodation. architectural planning, following the appointment of a full design team. 383. Mr. Stagg asked the Minister for Edu- The design and planning of a building project cation and Science if, in view of the fact that 23 is covered by stages 1 to 5, during which the pro- children will not be taken into a school (details ject is developed from the assessment of site suit- supplied) in September 2006, she has alternative ability, through the detailed design, including the arrangements which might be put in place to obtaining of planning permission, to the point ensure that these children receive their education where detailed bills of quantities are prepared. from September 2006. [14033/06] The project at Knocknacarra will be allowed to progress to stage 5. This is the final stage before Minister for Education and Science (Ms invitation of tenders. Hanafin): The school to which the Deputy refers Progression of projects to construction will be made an application for additional temporary considered in the context of the school building accommodation for the 2006-07 school year. This and modernisation programme 2006-09. has been approved by my Department. The extra accommodation will meet the needs of the school’s enrolment policy which operates a cut off School Curriculum. point. This cut off point will result in the carry 381. Mr. Carey asked the Minister for Edu- over of a small number of pupils to the next cation and Science the regulations which govern school year which is not uncommon where an 2235 Questions— 6 April 2006. Written Answers 2236

[Ms Hanafin.] stream 16-classroom school. To enable it develop increasing demand for enrolments manifests in this manner, it can only enrol two junior infant itself. In the case in question, the cut off point classes annually. This incremental development is does not contravene the requirements of the Edu- common to all newly established schools to cation Welfare Act. ensure that a shortage of accommodation at the With regard to the schools long-term accom- school is avoided by an over enrolment of junior modation needs, the property management infant classes in the early stages and crucially, to section of the Office of Public Works, which acts ensure that the enrolments and staffing levels in on behalf of my Department in regard to site other schools in the area, where older pupils acquisitions generally, is continuing, in consul- would inevitably be drawn, are not adversely tation with the local authority, to explore all affected. possibilities in relation to the acquisition of a site Typically, a new school commences in tempor- for a new school building. In tandem, my Depart- ary accommodation. Accommodation is provided ment is examining the demographics of the area incrementally, thereafter, to meet the schools jun- to determine the optimum school size required. ior infant intake level each year in the context It has commenced consultations with the school of junior infant accommodation available in other authority in this regard. It is my Department’s schools in the area. A new school would have intention to provide the new school building as achieved a certain sustainable growth level with- expeditiously as possible. out affecting other schools before transferring to its permanent accommodation. Its developmental Schools Building Projects. curve would continue on this basis until all its accommodation is in use. 384. Mr. Stagg asked the Minister for Edu- cation and Science if design teams have been Because a building is available for the school appointed in relation to new schools (details in question at inception does not mean that an supplied) in County Kildare. [14040/06] orderly growth can be abandoned given the effect that excessive enrolments will have on other Minister for Education and Science (Ms schools in the area which have also been funded Hanafin): The schools referred to by the Deputy by the taxpayer. While enrolment policies are a are three of 62 major building projects announced matter for school authorities, the Department by me in January last to commence architectural expects the enrolment polices of individual planning in 2006. In all, 1,300 building and mod- schools to complement the demand for pupil ernisation projects will be active in our primary places in an area and, as in this case, to assist the and post-primary schools during 2006. Capital growth of the new school in an orderly fashion. expenditure on primary and post-primary schools This is in the best interests of the schools, pupils this year will exceed \500 million. and wider community alike. Accordingly, the Site inspections have been carried out for each issue is not a question of issuing a directive in school with a view to determining the scope of relation to the enrolment policies of other works necessary for the building projects. The schools. Fundamentally, the existing schools, next key task is to appoint architectural design which have served the community well, partic- teams to each project and this exercise will be ularly by obliging with extra pupil places when initiated shortly by the school building section. there was severe pressure for such places in Progression of these projects to construction will recent years, now have a certain level of accom- be considered in the context of the school build- modation and teaching allocations in place. This ing and modernisation programme 2006-10. cannot be ignored because a new school and a new building have come on stream which will, in School Enrolments. their own right, cater for the continuing growing needs of the area as time goes by as was always 385. Mr. Stagg asked the Minister for Edu- my Department’s intention. The question is how cation and Science if, in view of the investment to support the new school until it is in a position \ of State money to the tune of 6.3 million in the to operate within the confines of its own current provision of the new national school at Naas, she funding resources which will grow year on year. has no powers with regard to directing the enrol- This is under discussion with the board of man- ment policy in relation to the six national schools agement. Discussions with the relevant boards of in the town; and if there were discussions with the management took place early last year in relation other boards of management regarding enrol- to the issue of enrolment. ment policy in Naas prior to sanctioning of the project. [14055/06] Schools Building Projects. Minister for Education and Science (Ms 386. Mr. Naughten asked the Minister for Edu- Hanafin): The school to which the Deputy refers cation and Science, further to Question No. 201 currently accommodates two junior infant classes. of 26 January 2006, if she will outline the status When fully occupied, it will operate as a two- of the project; if the project will be expedited; and 2237 Questions— 6 April 2006. Written Answers 2238 if she will make a statement on the matter. priate way, how their bodies develop, the import- [14080/06] ance of caring for one’s body and that of others with dignity and respect and how to identify Minister for Education and Science (Ms people, places and situations that may threaten Hanafin): Contracts for the transfer of the site for personal safety. the school in question have been signed. The SPHE modules at junior cycle in second However, for this transaction to formally close, level schools deal specifically with belonging and the agreement of the Commissioners of Chari- integrating, handling conflict constructively, deal- table Donations and Bequests is required. It is ing with peer pressure, influences on decision- the responsibility of the vendor to refer the making, relationships and sexuality in terms of transfer the contracts to the Commissioners. values, reproductive system, tackling myths about Accordingly, confirmation from the vendor’s sol- sex and pregnancy, personal safety, substance use icitors of the agreement of the commissioners is and the impact of teenage pregnancy. Two of the now awaited. The question of the project pro- SPHE modules relate specifically to relationships ceeding to construction will be considered further and sexuality and personal safety. The aims of when the site transfer closes. these modules include bringing students to an understanding of the physical changes that take School Curriculum. place during adolescence and exploring with them procedures for protecting their personal 387. Mr. Naughten asked the Minister for Edu- safety along with appropriate responses when cation and Science if she intends to introduce sex, their safety is threatened. In third year, an aware- relationship, gender and gender based violence ness of help agencies is promoted and students’ education programmes in schools; and if she will skills for obtaining access to them are developed. make a statement on the matter. [14082/06] For senior cycle students, all schools are required to have an agreed school policy and a Minister for Education and Science (Ms suitable relationships and sexuality education Hanafin): All recognised primary and second programme in place. level schools are required to offer relationships The RSE programme at senior cycle deals and sexuality education, RSE. It is an integral further with these issues and, in addition, part of the social, personal and health education addresses issues such as pregnancy, contracep- or SPHE curriculum at primary level and at jun- tion, sexually transmitted diseases, sexual harass- ior cycle second level where it has been made ment, sexual assault, and accepting sexual mandatory for all schools with effect from orientation. September 2003. In addition, all schools are The Department of Education and Science has required to have an agreed school policy and a developed two sets of resource materials that are suitable relationships and sexuality education particularly relevant to this area for use with tran- programme in place for senior cycle pupils. Com- sition year and senior cycle students as part of an prehensive guidelines for junior cycle and senior SPHE programme. These are BALANCE — cycle have also been published and provided to Who cares? and exploring masculinities. These schools by the NCCA to support the RSE aspects resources use a variety of materials and strategies of the curriculum. An integrated SPHE prog- to explore and discuss issues of gender equality. ramme at senior cycle incorporating RSE is Specific attention is paid to addressing both being developed. sexual harassment and domestic violence in both The overall aims of the SPHE curricula: are to resources. Also included in the exploring mascu- foster the personal development, health and well- linities resources are materials on bullying and being of students and help them to create sup- child sexual abuse. Finally, all second level portive relationships and become responsible citi- schools receive ex-quota guidance counselling zens; to develop a framework of values, attitudes, hours from my Department. understanding and skills that will inform their actions and decision making; and to establish and maintain healthy patterns of behaviour. Child Protection. At primary level, SPHE is one of the seven cur- 388. Mr. Naughten asked the Minister for Edu- riculum areas in the revised primary school cur- cation and Science, further to Question No. 485 riculum that was introduced in 1999. SPHE has of 29 November 2005, if she is satisfied that the been implemented in all schools since September child protection guidelines are being 2003 and is taught to pupils from junior infants implemented by schools; the steps that she has class upwards to sixth class. One of the three taken to ensure that the guidelines are being strands within SPHE is “Myself”. The strand applied in all schools; and if she will make a state- units within this include: taking care of my body; ment on the matter. [14084/06] growing and changing; and safety and protection. This means that pupils from the beginning of Minister for Education and Science (Ms their primary schooling learn, in an age-appro- Hanafin): The authorities of primary and post- 2239 Questions— 6 April 2006. Written Answers 2240

[Ms Hanafin.] Minister for Education and Science (Ms primary schools are required to implement the Hanafin): The property management section of child protection guidelines issued by my Depart- the Office of Public Works has been requested to ment and I have no information to suggest that source a site for the development referred to by this requirement is not being met. the Deputy. While a number of sites have been The Deputy will be aware that the Inspectorate identified and examined, a more detailed assess- conducts whole school evaluations or WSE on ment of some of the sites is now required. The schools. As part of the WSE, the inspectors evalu- Office of Public Works will be in further contact ate the implementation of the board of manage- with my Department as soon as this assessment ment’s policies and procedures as part of the eval- is complete. uation of management. They inquire about the procedures and policies the board has put in place Special Educational Needs. arising from the adoption of the child protection 390. Mr. G. Mitchell asked the Minister for guidelines; the name of person who has been Education and Science, further to Question No. appointed as the designated liaison person or 309 of 15 December 2005, if she will arrange for DLP for the school on foot of the guidelines; how a senior official of her Department to convene the board communicates these policies to a case conference involving all those involved to members of staff and to other members of the discuss and draw up a plan for the most suitable school community; and how the board reviews education programme for a pupil at a school in the effectiveness of the school’s child protection Dublin 16 living in Dublin 12 (details supplied); measures. and if she will make a statement on the Where an inspector finds that a school is not matter. [14100/06] complying with its obligations in relation to child protection, or has any other concerns about child 391. Mr. G. Mitchell asked the Minister for protection measures in the school, the inspector Education and Science, further to Question No. discusses the matter with the board of manage- 309 of 15 December 2005, if she will arrange for ment and the principal and makes recom- home tuition to be provided for a pupil who had been living in Dublin 12 and attending at a school mendations for remediation. in Dublin 16 (details supplied); and if she will In-service training on the Department’s child make a statement on the matter. [14102/06] protection guidelines has been provided to primary and post-primary principals and teachers Minister for Education and Science (Ms appointed as designated liaison persons or DLP Hanafin): I propose to take Questions Nos. 390 in relation to child protection. Over 4,000 primary and 391 together. teachers have availed of training and proposals The National Educational Welfare Board is are under consideration for further information aware of the situation referred to by the Deputy. and training seminars. At post-primary level, an Section 21 of the Education (Welfare) Act estimated 75% of schools had availed of the in- requires schools to notify the education welfare service training programme by the end of the officer when a student is out of school for a pro- 2004/05 school year and it is anticipated that most tracted period. Following such notification an if not all schools will have had a management or EWO is required to consult with the student, staff person trained in the guidelines by the end parents and school and make all reasonable of the current school year. efforts to ensure that provision is made for the A follow-on half day closure for each post- continued education of the child and his or her primary school was approved to allow DLPs to full participation in school. I have been informed brief school personnel on the Department guide- by the NEWB that the EWO will be in contact lines. A telephone advisory service for DLPs has with the school and with the parents of the been established by the post-primary manage- student in question. ment bodies to assist them in delivering in-school briefings and in dealing with issues arising. In Education Centres. addition, a CD-ROM containing a resource pack 392. Mr. J. O’Keeffe asked the Minister for for staff briefings was prepared by the joint mana- Education and Science regarding the establish- gerial body for issue to schools. ment of the national education centre for the Irish language in Baile Mhu´ irne if her attention Schools Building Projects. was drawn to a press release by An Comhairle Oideachas Gaeltacht agus Gaelscolaiocht in 2003 389. Mr. N. O’Keeffe asked the Minister for (details supplied) and two motions passed by that Education and Science if she will given full con- organisation in 2005 pledging its full support for sideration to purchasing a site in County Cork for the setting up of the centre; and if she accepts the purpose of developing a specific project that this represents the position of that organis- (details supplied). [14096/06] ation as opposed to any other one that may have 2241 Questions— 6 April 2006. Written Answers 2242 been put forward by from that organisation. oideachais ag feidhmiu´ go la´n-aimseartha agus [14117/06] naoi gcinn ag feidhmiu´ ar bhonn pa´irt-aimsear- tha. Ta´ trı´ cinn sna Gaeltachtaı´ seo a leanas: Minister for Education and Science (Ms Chorca Dhuibhne, i gCiarraı´, i gConamara agus Hanafin): I understand that this issue is to be the A´ rann agus i gCort a’Choirce, i nDu´ n na nGall. subject of further discussion by An Chomhairle Is e´ tuairim mo Roinne na´ go bhfreastalaı´onn na shortly. I await the outcome of that discussion. In h-ionaid oideachais seo ar riachtanais oidı´ na tı´re regard to the Baile Mhuirne proposal generally, maidir le forbairt ghairmiu´ il leanu´ nach. further deliberation and discussions with the rel- evant interests are needed before a final decision Schools Building Projects. on the project can be made. It is intended that these discussions will be completed as quickly as 395. Ms Enright asked the Minister for Edu- possible. cation and Science when funding for a school (details supplied) in County Laois will be pro- vided; and if she will make a statement on the Special Educational Needs. matter. [14150/06] 393. Mr. G. Mitchell asked the Minister for Education and Science if she will give a positional Minister for Education and Science (Ms response to the needs of a person (details Hanafin): The school referred to by the Deputy supplied) in Dublin 12. [14123/06] was invited to participate in the 2005 small school initiative and accepted the devolved grant on Minister for Education and Science (Ms offer for the provision of an extension under that Hanafin): My Department is most anxious that all initiative. My Department is moving towards a children, including children with autistic spectrum model of devolving building projects to school disorders, receive an education appropriate to management authorities where appropriate. The their needs. In this regard the preferred approach devolving of funding to local level will accommo- to the provision of appropriate education for all date school authorities to have responsibility and children, including children with autism, is ownership of their building projects and assist in through the primary and post primary school net- moving projects through the design process, to work, whether through placement in mainstream tender and construction at the earliest possible classes, in special classes or in special schools. My date. The school management authorities Department would also support an eclectic recently sought a meeting with the school build- approach in regard to the education of children ing section of my Department regarding issues with autism where a range of teaching methods relating to their project and this meeting is being are available, for example treatment and edu- held today. cation of autistic and related communication handicapped children or TEACH, applied Irish Language. behavioural analysis or ABA, and picture exchange communication system or PECS. I 396. Mr. O’Shea asked the Minister for Edu- understand that the child in question is currently cation and Science the percentage of the staff of accessing education provision through placement her Department able to provide services through in an autism specific class in Scoil Chiara´n. Irish; and if she will make a statement on the matter. [14189/06]

Ionaid Oideachais. Minister for Education and Science (Ms 394. D’fhiafraigh Mr. McGinley den Aire Oide- Hanafin): In a survey of staff in my Department achais agus Eolaı´ochta cad e´ an sta´das ata´ ag na in early 2005, approximately 3% of administrative hionaid oideachais Gaeltachta faoi la´thair, ca´ staff and 40% of the inspectorate indicated flu- bhfuil siad suite, an bhfuil se´ ar intinn aici iad a ency in Irish. Almost 50% of staff in the National chur ar bhonn la´naimseartha; agus an nde´anfaidh Educational Psychological Service, NEPS, said sı´ ra´iteas ina thaobh. [14147/06] they could deliver a partial service through Irish. My Department has always actively promoted the Minister for Education and Science (Ms development of Irish language competency skills Hanafin): Ta´ lı´onra ionad oideachais a´ maoiniu´ by refunding fees for recognised Irish courses ag mo Roinn. Ta´ na h-ionaid sin suite trı´dantı´r pursued in an officer’s own time and supporting chun forbairt ghairmiu´ il agus tacaı´ocht a thabhirt staff attendance at Irish-language courses conduc- d’oidı´ agus don phobal oideachais a´itiu´ il. De´antar ted by Gaeleagras. To support the implemen- taighde chun riachtanais na n-oidı´ agus na scoile- tation of the Official Languages Act an intensive anna sa cheantar maguaird a aimsiu´ agus ansin language training programme for staff began in cuirtear cursaı´ inseirbhı´se oiriu´ nacha ar fa´il a October 2005 and is being delivered, in the first fhreastalaı´onn ar na riachtanais sin. Chomh maith place, to staff in those sections identified as hav- leis sin, bı´onn na hionaid oideachais rannpha´irte- ing the greatest requirement for the delivery of ach sna cu´ rsaı´ inseirbhı´se na´isiu´ nta. Ta´ 21 ionad services through Irish. Priority has also been 2243 Questions— 6 April 2006. Written Answers 2244

[Ms Hanafin.] 399. Ms C. Murphy asked the Minister for Edu- given to staff with a good level of Irish who need cation and Science the anticipated date for the refresher courses. This should increase staff commencement of work on building a school numbers capable of providing a service to the (details supplied) in County Kildare; and if she public through Irish. Training includes modules will make a statement on the matter. [14202/06] on letter writing and official/technical termin- ology and takes place one day per week for an Minister for Education and Science (Ms eight-week period and is delivered in-house by Hanafin): A letter of intent has recently been an outside provider. The second of these training issued to the lowest tenderer for the project programmes is almost completed. They will con- referred to by the Deputy. Once it is established tinue to be rolled out on a section-by-section that all insurances, tax clearance procedures and basis. In addition, Irish language information so on are in order, a formal letter of acceptance resources are being developed and made avail- will issue and the project will be allowed to pro- able for all staff on my Department’s intranet ceed to site. site. Educational Disadvantage. Departmental Correspondence. 400. Ms B. Moynihan-Cronin asked the Mini- 397. Ms Enright asked the Minister for Edu- ster for Education and Science when the traveller cation and Science the reason she has not replied education strategy will be published; and if she to a letter from a person (details supplied) of 17 will make a statement on the matter. [14203/06] July 2005 and subsequent correspondence dated the 27 November 2005; if a response will issue Minister of State at the Department of Edu- and the reason only an acknowledgement has cation and Science (Miss de Valera): I expect to issued from her private secretary; when the receive shortly a report with recommendations inquiries stated in the reply will be completed and for a Traveller education strategy. This report a detailed response supplied; and if she will make spans the full spectrum of lifelong learning from a statement on the matter. [14198/06] pre-school to adult and further education. The report emphasises the important role that Travel- Minister for Education and Science (Ms ler parents have in their own education and that Hanafin): My Department has no record of of their children. Inclusion is a core principle receiving the letter dated 17 July 2005 from the which has guided the development of the report. person named by the Deputy. A copy of this let- The report is in the final stages of preparation. ter was included with a large quantity of other The report will provide me with advice and guid- ance on how best to continue to cater for and documentation that was received with a letter improve education provision for the Traveller dated 27 November 2005. This documentation is community. The education needs of the Traveller currently being considered by my Department community are a high priority for me and my and a reply will issue in the near future. Department and I look forward to examining the report. Schools Building Projects. 398. Ms C. Murphy asked the Minister for Edu- Questions Nos. 401 to 403, inclusive, answered cation and Science if she anticipates a 16 or 24 with Question No. 356. teacher school (details supplied) to be in place by September 2007; and if she will make a statement Child Protection. on the matter. [14201/06] 404. Mr. J. Higgins asked the Minister for Edu- cation and Science if she will take immediate Minister for Education and Science (Ms steps to ensure that a mandatory obligation is Hanafin): The property management section of placed on every organisation working with chil- the Office of Public Works, which acts on behalf dren to carry out comprehensive vetting pro- of my Department in relation to site acquisitions cedures on the employment or contracting of generally, is continuing, in consultation with the staff. [14207/06] local authority, to explore all possibilities in relation to the acquisition of a site for a new Minister for Education and Science (Ms building for the school to which the Deputy Hanafin): Ensuring the protection, health and refers. In tandem, my Department is examining welfare of children is a key concern for the the demographics of the area to determine the Government, for parents, for agencies that work optimum school size required. It has commenced with children and for society generally and I consultations with the school authority in this assure the Deputy that the Government is deter- regard. It is my Department’s intention to mined to do all that we can to keep our children provide the new school building as expeditiously and vulnerable adults safe. In the education sec- as possible. tor, vetting is currently available in respect of 2245 Questions— 6 April 2006. Written Answers 2246 prospective employees of children in detention school to cover the other costs of the schools, as schools as well as special needs assistants, SNAs, the education of such children is free. and bus escorts to children with special needs. My The cost to my Department towards operating colleague, Deputy Brian Lenihan, Minister of the schools in Brussels in 2005, by way of State with special responsibility for children, seconding teachers for that year, is currently announced a doubling of the number of staff being compiled and will be forwarded to the employed in the Garda central vetting unit, which Deputy as soon as available. has been relocated to Thurles under the Govern- ment’s decentralisation programme in order to Schools Building Projects. ensure it they can handle a greater volume of requests from employers. The provision of 406. Mr. Kehoe asked the Minister for Edu- additional staff resources will enable the Garda cation and Science if students from areas in Sı´ocha´na’s vetting services to be extended to all County Wexford will be included for annual persons working with children and vulnerable enrolment at the new school to be provided adults. This will include teachers, caretakers, bus (details supplied); and if she will make a state- drivers and others working with children, whether ment on the matter. [14209/06] on a full-time or part-time basis. As a first step in the expansion of services pro- 407. Mr. Kehoe asked the Minister for Edu- vided by the vetting unit, it is proposed that new cation and Science the number of students that staff employed in the 2006-07 school year will be will be catered for in a new school being vetted. developed (details supplied) in County Wexford; In the case of new teachers, vetting will form and if she will make a statement on the part of the process of the registration by the matter. [14210/06] newly established Teaching Council. The council will be responsible for submitting the applications 408. Mr. Kehoe asked the Minister for Edu- to the vetting unit. In the case of non-teaching cation and Science if the development of a sec- staff, it will be the responsibility of the relevant ondary school in an area (details supplied) in school authorities, including vocational education County Wexford through a public private part- committees where appropriate, to submit the nership will result in additional housing for that applications. town; and if this would be a means of providing My Department is engaged in discussions with a direct incentive to the developer who would the relevant interests — school management enter into a PPP. [14211/06] authorities, unions, the Teaching Council and the vetting unit — on the procedures and processes 409. Mr. Kehoe asked the Minister for Edu- which will apply in relation to the vetting of per- cation and Science the proposals with regard to sons in the education sector. Guidelines for the provision of a secondary school in an area school authorities are being prepared and will be (details supplied) in County Wexford; the pro- issued shortly. moters behind each proposal; and if she will make a statement on the matter. [14212/06] European Schools. 410. Mr. Kehoe asked the Minister for Edu- 405. Mr. O’Shea asked the Minister for Edu- cation and Science the management structure cation and Science the cost in 2005 for her envisaged for the proposed secondary school in Department to operate the school in Brussels for an area (details supplied) in County Wexford; if the children of Irish nationals working there; and parents will be consulted with regard to the views if she will make a statement on the matter. on the management structure for this new school; [14208/06] if Department policy facilitates the provision of a second community school in a town where there Minister for Education and Science (Ms is an existing community school; and if she will Hanafin): Each year Ireland, in common with the make a statement on the matter. [14213/06] other member states of the European Union, recruits and seconds primary and post-primary Minister for Education and Science (Ms teachers to serve in the 12 European schools, Hanafin): I propose to take Questions Nos. 406 including the three schools located in Brussels. to 410, inclusive, together. The European schools provide education at first The proposed new post-primary school for and second levels for the children of parents Gorey will be delivered by way of a public private working in the European Commission or other partnership and will cater for up to 1,000 pupils. European institutions.The costs for individual This level of accommodation is based on assess- member states are solely connected to the ment of the demographics emanating from cur- secondment costs of teachers. The European rent and future housing developments. Commission, as the employer of the parents of My Department is in discussion with the local the pupils, provides direct financing for each authority with regard to the identification of a 2247 Questions— 6 April 2006. Written Answers 2248

[Ms Hanafin.] Minister for Defence (Mr. O’Dea): The long- suitable site for the school referred to by the standing practice in the public service is that per- Deputy. I will announce further PPP project sons may not be recompensed for expenses bundles during the year and the school referred entailed in travelling to and from their normal to by the Deputy will be considered in this con- work location. text and in accordance with the published prior- itisation criteria. Defence Forces Retirement Scheme. The incentive for prospective bidders will be 413. Ms C. Murphy asked the Minister for self contained within a project bundle. As to Defence if he will change the circumstances in whether or not there will be yet further housing which retired military personnel can claim the developments in the area, this is entirely a matter military service allowance to incorporate those for the local authority. As the bundle containing who retired prior to 1990; and if he will make a the Gorey project has not yet been tendered, pro- statement on the matter. [14088/06] posals have not been invited by the NDFA from prospective bidders. Minister for Defence (Mr. O’Dea): Arising My Department will be engaging with the rel- from a recommendation made in 1990 by the evant education partners as regards the process Commission on Remuneration and Conditions of and arrangements that will be required to ensure Service in the Defence Forces, the Gleeson com- a smooth transition from a one school centre to a mission, MSA was made pensionable in the case two school centre. Part of this process will involve of personnel retiring on or after 1 August 1990. defining the enrolment policies that will underpin As I have previously indicated to the House, this effective provision once Gorey becomes a two approach was fully consistent with settled public school centre, the enrolment policy that should service pensions policy which provides that the operate at the existing post primary school during benefit of an allowance being made pensionable the transition period and the management model. for serving personnel does not extend to existing pensioners. 411. Mr. Kehoe asked the Minister for Edu- More recently, the final report of the com- cation and Science if a date for the publication of mission on public service pensions, which was the make-up of the first bundle of schools under published in January 2001, was considered and the Department’s public private partnership broadly accepted by Government. In that report, programme has been set; if a school (details the commission specifically addressed the issue of supplied) in County Wexford will be included in the pensionability of allowances, including the this first bundle; the anticipated timeframe for MSA, and the consequences for public service delivery of the project; and if she will make a pensioners generally. However, having con- statement on the matter. [14214/06] sidered the arguments advanced by the groups affected, together with long-standing public Minister for Education and Science (Ms service pensions policy in that context and the Hanafin): I announced the first PPP project substantial cost implications involved, the com- bundle consisting of St. Mary’s CBS and Scoil mission did not recommend any increase for the Chrı´ost Rı´, Portlaoise, St. Rynagh’s Community pensioners concerned. Aside from pre-August College, Banagher and Gallen Community 1990 Defence Forces pensioners, the other groups School, Ferbane on 22 November 2005. Work on affected include certain retired members of the this project bundle is ongoing in my Department Garda Sı´ocha´na, the Prison Service and retired and as I previously stated will be offered to the teachers. No change in existing policy on this matter has been authorised or is contemplated market in the middle of this year. My Depart- and, accordingly, there is no scope for departing ment is in discussion with the local authority with from settled public service pensions policy in the regard to the identification of a suitable site for case of MSA. the School referred to by the Deputy. I will announce further PPP project bundles Departmental Files. during the year and the school referred to by the Deputy will be considered in this context and in 414. Ms C. Murphy asked the Minister for accordance with the published prioritisation Defence the reason the military service pensions criteria. files and the 1916-1923 medals files, both of which are up to 90 years old, continue to be withheld; Travel Expenses. and if he will make a statement on the matter. [14090/06] 412. Mr. Kehoe asked the Minister for Defence if travelling expenses are available to a soldier Minister for Defence (Mr. O’Dea): The issue of travelling a long distance to and from work; and making the Department’s files relating to pension if he will make a statement on the matter. and medal applications of persons who took part [14085/06] in the 1916 Rising and the War of Independence 2249 Questions— 6 April 2006. Written Answers 2250 more widely available is being examined at returning officers and to the Joint Committee on present. the Environment and Local Government which, in December 2005, discussed the guidance. Fol- Irish Language. lowing this consultation process, my Department is finalising the guidance. However, in view of the 415. Mr. O’Shea asked the Minister for importance of securing improvements in the Defence the percentage of the staff of his Depart- register, registration authorities have also been ment able to provide services through Irish; and asked to proceed to implement the draft guidance if he will make a statement on the matter. with immediate effect. [14190/06] While there are no proposals on the lines referred to in the question, I will continue to keep Minister for Defence (Mr. O’Dea): There are these important issues under close review. 14 members of staff in my Department who are able to provide services through Irish. This rep- resents 4% of the overall staff in my Department. Proposed Legislation. My Department is engaged in devising a scheme 417. Mr. F. McGrath asked the Minister for the under the Official Languages Act 2003 to Environment, Heritage and Local Government if enhance services to our customers in Irish. he has legislative proposals to allow Independent TDs use the term “independent” on the ballot Register of Electors. paper instead of non-party at all future elec- tions. [13927/06] 416. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if Minister for the Environment, Heritage and he has had discussions with the various local auth- Local Government (Mr. Roche): Electoral law orities with a view to enabling An Post undertake sets out a procedure for the nomination of candi- the updating of the voter’s register, having part- dates including a provision enabling a candidate icular regard to the need to ensure that a body to include, on his or her nomination paper, and with the nationwide network of An Post should which subsequently appears on the ballot paper, be given the job which would in fact be compli- a reference to the registered political party of mentary to services already undertaken through which he or she is a candidate. Persons who are the post office and delivery service; and if he will not members of a political party may enter on the make a statement on the matter. [13900/06] nomination paper the expression “Non-Party” or may leave the space blank. Minister for the Environment, Heritage and These provisions are based on the premise that Local Government (Mr. Roche): In law, the prep- the expression “Non-Party” on the ballot paper aration of the register of electors is a matter for indicates adequately that a person does not each local registration authority. It is their duty belong to a political party. There are no proposals to ensure, as far as possible and with the co-oper- for legislative change in this regard. ation of the public, the accuracy and comprehen- siveness of the register. Their work in this area includes the carrying out of house-to-house Water and Sewerage Schemes. inquiries, delivery of registration forms and run- 418. Dr. Cowley asked the Minister for the ning local awareness campaigns. Environment, Heritage and Local Government if I share the concerns expressed on the quality of his attention has been drawn to a situation in the the register. My Department wrote to registration Cloontia and Doocastle area on the Mayo and authorities on 14 July 2005 and requested them Sligo border where water is only available for a to take all necessary steps to secure significant maximum of 30% of the day and that families improvement in the quality of the register. A have no water in the evenings or at night; when national awareness campaign was conducted in the residents of this area will have a proper water November 2005 associated with the work on supply; and if he will make a statement on the preparation of the register underway at that matter. [13949/06] stage. Also in November 2005, my Department completed work on new and updated guidance Minister for the Environment, Heritage and for registration authorities on preparing and Local Government (Mr. Roche): The operation maintaining the register. The aim of the guidance of public water supply services is the responsi- is to secure significant improvement in the accu- bility of the local authorities and I have no direct racy and comprehensiveness of the register by function in the matter. However, I understand setting out clearly the legal requirements in this that the source of supply for these areas of complex area, and identifying best practice for County Mayo is Sligo County Council’s Lough registration authorities in their work on the Talt water supply scheme and that, as a result of register. ongoing improvements by Mayo County Council The draft guidance has been circulated for to the distribution network within its functional comment to all registration authorities and area, the quality of service to consumers in the 2251 Questions— 6 April 2006. Written Answers 2252

[Mr. Roche.] elderly, disabled, homeless and elderly returning areas concerned will improve. The works to the emigrants. Under the terms of the scheme, assist- distribution network have been part funded ance is available to approved voluntary housing under the national water conservation measure of bodies where 75% of the units to be provided are my Department’s water services investment prog- to be used as full-time residential accommodation ramme 2005-2007. The upgrading of the Lough for eligible categories of persons on local auth- Talt Water supply scheme, which is also included ority waiting lists. The remainder of the accom- in that programme, is scheduled to commence modation may be provided to other applicants in construction in 2007 at a cost of \1.9 million and need of housing as determined by the approved will further improve service to consumers. voluntary housing body. In regard to the capital loan and subsidy scheme, which supports the pro- Wildlife Preservation. vision of standard housing accommodation, it is expected that the units would be provided to per- 419. Mr. O’Shea asked the Minister for the sons on local authority waiting lists. Environment, Heritage and Local Government his proposals to limit the cormorant population Competition Authority Report. in the River Suir, bearing in mind the problems caused to the salmon smolt population by the rap- 421. Mr. Durkan asked the Minister for the idly increasing cormorant population; and if he Environment, Heritage and Local Government if will make a statement on the matter. [13987/06] he has studied the Competition Authority’s report or comment on the Building Control Bill; Minister for the Environment, Heritage and if the report has an implication for the Bill; and Local Government (Mr. Roche): The cormorant if he will make a statement on the matter. is a protected wild bird under the Wildlife Acts [13997/06] and my Department does not have a policy for controlling or limiting the cormorant population. Minister for the Environment, Heritage and Application may be made to the National Parks Local Government (Mr. Roche): The report of and Wildlife Service of my Department for a the Competition Authority on competition in the licence under section 42 of the Wildlife Act 1976, professional services — architects — makes a as amended, to scare, capture or kill protected number of recommendations on the registration wild birds or protected wild animals that are caus- of the title of “Architect” as provided for in the ing serious damage to a fishery. Such applications Building Control Bill 2005. I will give careful con- would be determined by my Department having sideration to these recommendations on Commit- regard to all relevant considerations, including tee Stage of the Bill. that of conservation. Grant Payments. Local Authority Housing. 422. Mr. Lowry asked the Minister for the 420. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the status of an application for payment to a per- the reason Respond is given the task of prioritis- son (details supplied); when payment will issue; ing applications on the local authority housing and if he will make a statement on the matter. list; if all such applicants have had their status [14000/06] updated and points awarded; the way in which a decision can be reached in the absence of such an Minister for the Environment, Heritage and update; and if he will make a statement on the Local Government (Mr. Roche): A contract for matter. [13996/06] sale has yet to be submitted to the Chief State Solicitor’s office by the solicitor acting for the Minister of State at the Department of the person named. Environment, Heritage and Local Government (Mr. N. Ahern): The assessment and prioritis- Waste Disposal. ation of housing needs of all applicants for hous- 423. Mr. Lowry asked the Minister for the ing is a matter for individual local authorities, to Environment, Heritage and Local Government if be undertaken in accordance with their schemes he will introduce incentives for the collection of of letting priorities. This applies also in respect farm waste plastics; the status of the waste plastic of housing provided for letting by the voluntary initiative; and if he will make a statement on the sector. The needs of applicants on waiting lists matter. [14001/06] are regularly reviewed and updated by local authorities. Minister for the Environment, Heritage and Housing provided by the voluntary sector is Local Government (Mr. Roche): Under the funded by my Department through two separate Waste Management (Farm Plastics) Regulations schemes. The capital assistance scheme addresses 2001, producers, that is, manufacturers and the special housing needs of persons such as the importers, of farm plastics, including silage bale 2253 Questions— 6 April 2006. Written Answers 2254 wrap and sheeting, are required to take steps to operates under the aegis of my colleague the recover farm plastics waste which they have Minister for Transport and his Department. placed on the market or alternatively to contrib- The provision and improvement of non- ute to, and participate in, compliance schemes to national roads is a matter for local authorities to recover the waste in question. The Irish Farm be funded from their own resources sup- Film Producers Group, IFFPG, is currently the plemented by State grants provided by my sole approved body in Ireland for the purposes of Department. There have been significant implementing a compliance scheme for the recov- increases in recent years in the level of State aid ery of farm plastics waste. provided to local authorities for the improvement Under the IFFPG scheme, producers apply a and maintenance of non-national roads. State aid levy on the sale of farm plastics that in turn is in 2006 for non-national roads, at almost \558 transferred to the IFFPG for use in funding the million, is the highest ever level of funding avail- collection and recovery of farm plastics waste. able and represents a very substantial increase of The IFFPG is a not-for-profit organisation and it 13% on last year’s record allocation, or an \ is a matter for the company, under the terms of increase of almost 62.5 million. The 2006 allo- this producer responsibility initiative and in cation also represents an increase of 313% on the accordance with the polluter pays principle, to set 1994 allocation and an increase of 154% on the a rate of levy which will cover its operational 1997 allocation. costs. Total road grant allocations to local authorities The scheme has operated successfully to date. for each of the years 1994 to 2006 are set out in It is estimated that around 8,500 tonnes, some the following table. 55%, of farm plastics placed on the market in Year Allocation 2004 were collected for recycling. An estimated 55,000 farmers availed of the collection service in \ million 2004. IFFPG estimate that over 12,500 tonnes of farm plastics were collected in 2005. While 1994 135.10 responsibility for the collection and recovery of 1995 134.53 farm plastics rests with the compliance scheme, 1996 186.48 my Department monitors the scheme on an 1997 219.43 ongoing basis. I am anxious to preserve and con- 1998 258.57 tinue the success of the farm plastic scheme. Dis- 1999 307.51 cussions are taking place involving my Depart- 2000 341.23 ment and IFFPG to explore options for 2001 410.42 improvement to the scheme and resolution of 2002 438.46 outstanding issues. 2003 433.99 2004 476.80 Road Network. 2005 495.27 424. Mr. Carey asked the Minister for the 2006 557.73 Environment, Heritage and Local Government the strategies which are in place within his Department to ensure that the needs of an Local Authority Levies. increasing population are taken account of in 425. Mr. Fleming asked the Minister for the road planning; and if he will make a statement on Environment, Heritage and Local Government the matter. [14002/06] the amount of development levies collected on a county basis for each of the years 2001 to 2005 Minister for the Environment, Heritage and inclusive; and if he will make a statement on the Local Government (Mr. Roche): Under section matter. [14003/06] 17 of the Roads Act 1993, the National Roads Minister for the Environment, Heritage and Authority has a general duty to secure the pro- Local Government (Mr. Roche): The table set vision of a safe and efficient network of national out below is based on information supplied by roads and for that purpose the authority has over- planning authorities and sets out the develop- all responsibility for the planning and supervision ment contributions collected by local authorities of works for the construction and maintenance for the period 2001-04 and an estimate of of national roads. The National Roads Authority development contributions collected in 2005.

County Area 2001 2002 2003 2004 Estimate 2005

Carlow 721,492 527,526 4,108,871 5,423,712 4,979,226 Cavan 985,723 1,250,997 1,726,563 2,443,668 2,905,970 Clare 1,342,238 1,848,373 5,030,619 15,012,318 8,639,087 2255 Questions— 6 April 2006. Written Answers 2256

[Mr. Roche.]

County Area 2001 2002 2003 2004 Estimate 2005

Cork 9,803,819 13,650,879 18,640,420 23,372,801 38,739,433 Donegal 3,011,577 2,886,599 4,077,770 5,408,421 5,420,650 Du´ n Laoghaire-Rathdown 6,067,832 7,761,776 8,248,405 12,005,514 23,000,000 Fingal 14,764,631 16,338,872 22,828,194 36,418,076 50,780,348 Galway 3,688,593 3,472,987 6,283,355 10,192,308 12,653,760 Kerry 1,902,843 3,540,009 4,142,871 8,414,791 12,105,223 Kildare 6,078,742 9,249,082 9,681,082 21,553,713 20,220,462 Kilkenny 2,949,594 3,242,523 3,990,300 8,104,213 13,541,275 Laois 1,511,250 2,531,622 4,058,654 4,846,814 12,907,000 Leitrim 427,771 763,472 1,904,028 2,177,356 4,200,000 Limerick 2,277,417 2,896,451 3,246,640 5,102,569 12,675,000 Longford 866,501 1,438,301 1,306,556 2,840,998 3,574,312 Louth 5,174,232 8,993,794 11,621,455 13,576,797 28,110,342 Mayo 1,301,687 786,940 1,266,487 4,156,144 19,043,049 Meath 12,861,534 9,506,636 21,223,966 23,739,581 40,130,188 Monaghan 1,039,145 1,021,967 1,187,936 1,684,053 8,725,905 Offaly 983,783 1,194,923 2,440,985 5,077,802 5,197,593 Roscommon 798,832 1,958,157 3,449,130 3,679,966 6,389,417 Sligo 1,286,519 2,416,388 2,527,829 2,669,171 4,479,110 South Dublin 10,704,857 11,243,420 2,397,997 20,759,303 31,566,815 Tipperary North 1,092,348 1,014,080 15,249,361 5,227,791 6,913,274 Tipperary South 1,204,065 2,003,725 3,751,818 5,342,596 5,227,000 Waterford 1,659,281 1,596,213 1,663,166 3,519,316 5,044,301 Westmeath 2,067,964 1,819,521 3,793,639 5,274,025 8,338,049 Wexford 5,096,974 6,507,272 8,043,630 11,591,327 32,124,511 Wicklow 5,236,242 7,929,194 8,951,778 11,541,145 33,380,176

Sub Total 106,907,486 129,391,699 186,843,506 281,156,288 461,011,476

City Council Cork City 1,820,076 3,094,378 7,521,882 10,831,391 11,043,400 Dublin City 7,606,758 8,654,092 11,378,014 27,571,393 58,403,217 Galway City 3,815,743 5,142,663 5,795,645 7,358,804 5,400,000 Limerick City 1,214,372 2,493,006 2,521,556 4,592,920 7,687,886 Waterford City 611,577 2,219,625 1,388,454 5,807,685 6,450,605

Sub Total 15,068,526 21,603,764 28,605,551 56,162,193 88,985,108

Total 121,976,012 150,995,463 215,449,057 337,318,481 549,996,584

Water and Sewerage Schemes. Environment, Heritage and Local Government if, further to Question No. 907 of 21 March 2006, he 426. Mr. Stagg asked the Minister for the has requested the lifting of the embargo on the Environment, Heritage and Local Government if recruitment of additional local authority staff in he has approved the contract documents for the areas where there is substantial population Lower Liffey Valley sewerage scheme. growth or is he making staffing returns to his col- [14042/06] league. [14043/06] Minister for the Environment, Heritage and Local Government (Mr. Roche): Kildare County Minister for the Environment, Heritage and Council’s contract documents for the major Local Government (Mr. Roche): Government elements of this scheme are under examination in policy on the control and regulation of numbers my Department and I expect a decision to issue in the public sector, including local authorities, shortly. was announced in the Minister for Finance’s budget statement of 7 December 2005. As I stated in the reply to Question No. 280 of 16 Local Authority Staff. February 2006, I am keeping the overall employ- 427. Mr. Stagg asked the Minister for the ment position in the local government sector 2257 Questions— 6 April 2006. Written Answers 2258 under regular review. I am awaiting information Architectural Heritage. from local authorities on the staffing position at 431. Mr. Stagg asked the Minister for the the end of the March 2006 quarter, and the rel- Environment, Heritage and Local Government, evant details will be forwarded to the Depart- further to Question No. 834 of 21 March 2006, his ment of Finance in due course. views on whether, due to the lack of land, that there will be no further development of Water and Sewerage Schemes. Maynooth Castle. [14053/06] 428. Mr. Stagg asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government if Local Government (Mr. Roche): I refer to the he is in a position to approve the upper Liffey reply to Question No. 834 of 21 March 2006. The Valley sewerage scheme. [14046/06] position is unchanged. Voluntary Housing Schemes. Minister for the Environment, Heritage and 432. Mr. Durkan asked the Minister for the Local Government (Mr. Roche): Kildare County Environment, Heritage and Local Government Council’s revised preliminary report and water the reason approved local authority housing services pricing policy report for this scheme are applicants have to pay for a site under the subsi- under examination in my Department and I dised sites schemes and obtain a mortgage to expect decision to issue shortly. build on said sites while housing agencies such as Respond avail of the sites and full cost of con- Housing Grants. struction free of any charge or burden; the further reason people who purchase a site under the 429. Mr. Stagg asked the Minister for the scheme and pay a mortgage and also subject to Environment, Heritage and Local Government if a clawback while housing agencies have no such the information requested in Question No. 247 of obligation; and if he will make a statement on the 2 March 2006 is available. [14050/06] matter. [14077/06]

Minister of State at the Department of the Minister of State at the Department of the Environment, Heritage and Local Government Environment, Heritage and Local Government (Mr. N. Ahern): The information sought is being (Mr. N. Ahern): I refer to the reply to Question No. 590 of 4 April 2006. compiled in my Department and will be pub- lished in the Annual Housing Statistic Bulletin Local Authority Funding. 2005 in the next few weeks. 433. Mr. Naughten asked the Minister for the Environment, Heritage and Local Government Local Government Reform. the funding provided in the year 2000 and each 430. Mr. Stagg asked the Minister for the subsequent year to each local authority under the Environment, Heritage and Local Government, general purpose grant allocation from the local further to Question No. 910 of 21 March 2006, if government fund; the percentage increase to each he will provide an answer. [14052/06] local authority when compared with the previous year; and if he will make a statement on the matter. [14078/06] Minister for the Environment, Heritage and Local Government (Mr. Roche): I refer to the Minister for the Environment, Heritage and reply to Question No. 910 of 21 March 2006. The Local Government (Mr. Roche): The information position is unchanged. requested is set out in the following tables.

Table 1: L.G.F. General Purpose Grant Allocations 2000-2006

Local Authority 2000 2001 2002 2003 2004 2005 2006

\\\\\\\

Carlow County Council 5,528,139 6,834,590 7,727,102 8,550,012 9,728,045 10,682,438 11,791,970 Cavan County Council 9,173,748 10,584,524 11,704,245 12,763,044 15,140,507 16,821,425 18,075,814 Clare County Council 7,324,318 8,831,743 9,524,638 11,389,001 13,119,878 13,831,947 14,741,484 Cork County Council 28,287,872 34,346,705 36,503,870 40,885,788 45,568,050 49,050,276 51,554,596 Donegal County Council 18,123,735 22,241,740 24,197,831 27,501,531 32,298,892 35,713,379 38,547,272 Du´ n Laoghaire Rathdown County 24,119,073 26,410,385 27,889,622 29,105,207 32,523,127 35,043,452 36,832,637 Council Fingal County Council 19,758,195 21,719,297 23,067,650 24,054,842 26,968,845 28,844,494 30,317,184 Galway County Council 18,176,264 22,234,413 23,788,328 26,308,990 29,413,192 32,616,878 35,296,907 Kerry County Council 12,669,228 15,793,578 17,025,044 18,851,104 21,515,805 23,399,482 25,497,932 Kildare County Council 11,810,017 13,445,469 15,303,344 16,541,890 19,507,617 21,799,170 23,893,115 2259 Questions— 6 April 2006. Written Answers 2260

[Mr. Roche.]

Local Authority 2000 2001 2002 2003 2004 2005 2006

\\\\\\\ Kilkenny County Council 9,228,658 11,541,052 12,672,851 13,852,731 16,247,569 17,878,074 19,226,389 Laois County Council 8,911,942 10,112,603 11,363,361 12,345,838 14,627,815 15,968,328 17,019,082 Leitrim County Council 7,270,916 8,626,795 9,498,936 10,486,848 11,875,969 13,063,981 14,128,356 Limerick County Council 13,898,596 15,218,963 16,466,828 18,548,018 20,810,886 22,513,686 24,160,987 Longford County Council 6,958,664 7,659,458 8,637,773 9,673,977 11,266,561 12,508,061 13,296,084 Louth County Council 6,696,872 7,333,073 8,286,979 9,464,262 10,739,283 11,496,518 12,083,486 Mayo County Council 17,807,062 20,097,045 22,136,892 25,330,464 29,752,341 32,568,821 34,973,227 Meath County Council 13,038,999 14,928,818 17,715,578 18,532,580 21,849,991 23,776,226 26,089,431 Monaghan County Council 7,546,154 8,517,483 9,441,027 10,492,148 11,880,507 13,287,104 14,363,459 North Tipperary County Council 8,634,713 10,738,079 11,773,642 12,742,525 15,073,723 16,453,791 17,775,415 Offaly County Council 7,627,532 8,728,140 9,398,295 10,371,348 12,287,077 13,965,967 14,662,707 Roscommon County Council 11,395,159 13,589,602 15,188,170 15,832,438 17,802,907 19,318,766 20,646,920 Sligo County Council 8,464,875 9,269,039 11,293,523 12,050,669 13,910,355 15,161,087 16,617,403 South Dublin County Council 15,184,106 16,626,595 18,652,158 19,498,244 21,870,507 23,442,061 24,638,923 South Tipperary County Council 11,460,468 13,140,265 14,282,421 15,729,880 18,176,993 19,813,401 21,576,779 Waterford County Council 10,131,985 11,968,195 13,319,771 15,342,673 17,556,648 18,900,701 20,618,871 Westmeath County Council 9,928,019 11,511,046 12,428,512 14,592,028 16,598,009 18,088,035 19,562,134 Wexford County Council 11,376,616 12,457,393 13,295,995 15,021,831 16,899,923 19,026,652 20,163,308 Wicklow County Council 9,267,974 11,285,211 12,296,360 13,954,952 15,717,095 17,437,258 18,791,404 Cork City Council 14,140,866 16,257,286 17,525,439 18,326,457 20,571,177 22,070,779 24,190,814 Dublin City Council 49,382,300 54,073,619 57,409,551 73,385,905 81,537,355 86,806,479 92,187,394 Galway City Council 5,439,512 5,956,265 6,420,782 6,777,613 7,765,314 8,306,487 8,765,669 Limerick City Council 6,053,333 6,977,429 7,619,444 8,498,080 9,670,037 10,401,855 10,932,934 Waterford City Council 4,276,163 4,682,398 5,406,076 6,105,503 7,017,618 7,538,868 8,030,490 Clonmel Borough Council 1,881,671 2,074,970 2,269,576 2,421,693 2,817,955 3,026,749 3,246,558 Drogheda Borough Council 2,405,658 2,930,275 3,722,263 3,603,075 4,025,247 4,305,655 4,525,485 Kilkenny Borough Council 1,131,474 1,238,963 1,377,642 1,442,748 1,665,800 1,791,342 1,882,801 Sligo Borough Council 1,507,622 2,171,368 2,298,982 2,400,941 2,692,269 2,896,281 3,044,154 Wexford Borough Council 1,243,185 1,427,365 1,563,233 1,823,350 2,051,811 2,208,137 2,320,876

Local Authority 2000 2001 2002 2003 2004 2005 2006

Arklow Town Council 891,801 976,522 1,112,004 1,166,484 1,313,449 1,404,822 1,539,764 Athlone Town Council 1,121,306 1,227,829 1,382,775 1,448,086 1,625,701 1,751,512 1,856,000 Athy Town Council 353,764 387,371 425,786 503,912 608,994 651,493 714,073 Ballina Town Council 813,382 890,653 954,232 1,116,909 1,325,492 1,415,439 1,529,354 Ballinasloe Town Council 524,840 574,700 622,481 657,380 767,615 823,783 902,912 Birr Town Council 376,772 412,565 489,878 578,258 682,765 732,175 787,852 Bray Town Council 2,854,840 3,126,051 3,301,399 3,474,089 3,872,222 4,163,243 4,375,802 Buncrana Town Council 452,709 563,565 656,785 693,056 788,491 845,720 888,899 Bundoran Town Council 303,269 368,513 433,667 461,014 531,192 571,006 600,159 Carlow Town Council 993,165 1,271,639 1,354,267 1,418,438 1,592,826 1,704,188 1,822,194 Carrickmacross Town Council 281,488 308,229 359,740 421,203 487,049 530,247 572,465 Carrick-on-Suir Town Council 541,631 660,084 763,946 805,527 913,204 997,256 1,093,049 Cashel Town Council 312,489 381,814 460,020 488,421 567,942 609,661 668,223 Castlebar Town Council 658,247 720,782 775,867 816,902 925,816 985,490 1,035,805 Castleblaney Town Council 231,695 253,729 285,462 341,136 418,735 451,925 474,999 Cavan Town Council 446,557 488,980 598,736 632,685 759,510 816,951 858,661 Clonakilty Town Council 294,184 353,701 444,449 472,227 543,626 592,585 622,840 Clones Town Council 302,360 331,084 367,283 391,974 454,638 499,544 547,528 Cobh Town Council 737,332 807,378 918,659 965,405 1,090,484 1,171,706 1,231,529 Dundalk Town Council 3,288,718 3,601,147 4,172,913 4,138,586 4,609,045 4,947,412 5,235,951 Dungarvan Town Council 640,213 711,039 765,637 806,262 914,019 985,620 1,035,942 Ennis Town Council 1,317,473 1,534,941 1,657,136 1,932,278 2,162,594 2,311,619 2,429,641 Enniscorthy Town Council 594,326 828,545 907,640 965,667 1,090,773 1,172,357 1,232,213 2261 Questions— 6 April 2006. Written Answers 2262

Local Authority 2000 2001 2002 2003 2004 2005 2006

Fermoy Town Council 366,377 471,213 569,464 628,253 754,330 810,242 851,610 Kells Town Council 232,216 254,541 322,291 374,777 435,569 465,921 492,876 Killarney Town Council 728,290 1,115,202 1,221,266 1,329,029 1,573,427 1,679,917 1,785,532 Kilrush Town Council 314,282 344,139 407,641 455,517 536,551 585,584 620,096 Kinsale Town Council 199,928 218,921 294,376 316,151 370,562 396,511 416,996 Letterkenny Town Council 730,228 799,598 858,624 902,969 1,021,252 1,098,543 1,154,630 Listowel Town Council 459,420 503,064 560,208 592,616 677,119 726,879 766,841 Longford Town Council 665,302 829,563 918,833 965,586 1,090,684 1,171,116 1,230,909 Macroom Town Council 275,126 301,263 372,429 442,018 536,650 574,137 603,450 Mallow Town Council 516,258 617,427 694,561 815,691 973,415 1,048,414 1,101,942 Midleton Town Council 299,421 327,866 364,232 388,801 451,120 509,574 535,591 Monaghan Town Council 691,676 757,386 879,573 918,660 1,038,651 1,118,222 1,179,841 Naas Town Council 547,152 599,132 826,340 968,554 1,152,089 1,297,736 1,422,392 Navan Town Council 301,610 330,263 404,697 430,885 497,784 536,408 563,795 Nenagh Town Council 644,156 705,352 801,600 870,607 986,146 1,056,881 1,116,928 New Ross Town Council 559,087 612,201 661,857 698,331 794,340 904,943 973,173 Skibbereen Town Council 230,906 268,893 318,755 341,505 398,676 428,360 450,230 Templemore Town Council 274,318 320,891 396,553 439,380 507,204 579,703 624,685 Thurles Town Council 565,623 664,413 716,680 755,347 857,562 922,598 989,427 Tipperary Town Council 445,199 501,639 590,438 624,056 711,980 785,111 860,526 Tralee Town Council 1,833,125 2,239,885 2,482,838 2,592,152 2,894,291 3,108,105 3,266,793 Trim Town Council 324,785 355,640 403,941 430,099 496,912 536,670 569,104 Tullamore Town Council 732,629 827,445 964,947 1,039,534 1,172,681 1,254,885 1,318,955 Westport Town Council 454,546 568,484 635,116 670,521 763,503 816,087 857,753 Wicklow Town Council 594,234 1,106,216 1,180,573 1,257,638 1,414,524 1,516,377 1,634,559 Youghal Town Council 567,870 735,837 854,504 898,684 1,016,500 1,098,495 1,158,759

Totals 469,148,008 540,738,573 592,406,833 659,443,488 751,712,404 816,987,264 874,673,699

Table 2: L.G.F. General Purpose Grant Allocations 2000-2006 Percentage Increase

Local Authority 2000 2001 2002 2003 2004 2005 2006 2006**

% %%%%%%%

Carlow County Council 10.36 23.63 13.06 10.65 13.78 9.81 10.39 11.41 Cavan County Council 9.72 15.38 10.58 9.05 18.63 11.10 7.46 9.08 Clare County Council 8.31 20.58 7.85 19.57 15.20 5.43 6.58 9.18 Cork County Council 10.53 21.42 6.28 12.00 11.45 7.64 5.11 6.09 Donegal County Council 8.93 22.72 8.79 13.65 17.44 10.57 7.94 8.29 Du´ n Laoghaire Rathdown County 6.53 9.50 5.60 4.36 11.74 7.75 5.11 5.11 Council Fingal County Council −8.19 9.93 6.21 4.28 12.11 6.95 5.11 8.70 Galway County Council 13.99 22.33 6.99 10.60 11.80 10.89 8.22 9.88 Kerry County Council 19.39 24.66 7.80 10.73 14.14 8.75 8.97 9.31 Kildare County Council 10.18 13.85 13.82 8.09 17.93 11.75 9.61 13.62 Kilkenny County Council 13.61 25.06 9.81 9.31 17.29 10.04 7.54 8.73 Laois County Council 16.01 13.47 12.37 8.65 18.48 9.16 6.58 7.58 Leitrim County Council 15.85 18.65 10.11 10.40 13.25 10.00 8.15 8.15 Limerick County Council 8.69 9.50 8.20 12.64 12.20 8.18 7.32 8.72 Longford County Council 21.39 10.07 12.77 12.00 16.46 11.02 6.30 7.65 Louth County Council 9.43 9.50 13.01 14.21 13.47 7.05 5.11 6.62 Mayo County Council 19.50 12.86 10.15 14.43 17.46 9.47 7.38 7.38 Meath County Council 8.71 14.49 18.67 4.61 17.90 8.82 9.73 12.79 Monaghan County Council 5.19 12.87 10.84 11.13 13.23 11.84 8.10 9.51 North Tipperary County Council 9.84 24.36 9.64 8.23 18.29 9.16 8.03 8.73 Offaly County Council 17.05 14.43 7.68 10.35 18.47 13.66 4.99 9.92 Roscommon County Council 9.88 19.26 11.76 4.24 12.45 8.51 6.87 7.89 Sligo County Council 14.22 9.50 21.84 6.70 15.43 8.99 9.61 9.93 2263 Questions— 6 April 2006. Written Answers 2264

[Mr. Roche.]

Local Authority 2000 2001 2002 2003 2004 2005 2006 2006**

% %%%%%%% South Dublin County Council 7.17 9.50 12.18 4.54 12.17 7.19 5.11 10.79 South Tipperary County Council 11.40 14.66 8.69 10.13 15.56 9.00 8.90 8.83 Waterford County Council 6.04 18.12 11.29 15.19 14.43 7.66 9.09 10.20 Westmeath County Council 15.61 15.95 7.97 17.41 13.75 8.98 8.15 9.69 Wexford County Council 7.79 9.50 6.73 12.98 12.50 12.58 5.97 7.38 Wicklow County Council 9.35 21.77 8.96 13.49 12.63 10.94 7.77 10.12 Cork City Council −3.40 14.97 7.80 4.57 12.25 7.29 9.61 9.82 Dublin City Council −5.61 9.50 6.17 27.83 11.11 6.46 6.20 5.77 Galway City Council 9.75 9.50 7.80 5.56 14.57 6.97 5.53 10.06 Limerick City Council 1.78 15.27 9.20 11.53 13.79 7.57 5.11 5.28 Waterford City Council 6.34 9.50 15.46 12.94 14.94 7.43 6.52 9.51 Clonmel Borough Council 10.46 10.27 9.38 6.70 16.36 7.41 7.26 8.61 Drogheda Borough Council −17.41 21.81 27.03 −3.20 11.72 6.97 5.11 10.26 Kilkenny Borough Council 6.05 9.50 11.19 4.73 15.46 7.54 5.11 5.63 Sligo Borough Council 5.92 44.03 5.88 4.43 12.13 7.58 5.11 5.11 Wexford Borough Council 17.73 14.82 9.52 16.64 12.53 7.62 5.11 5.34

** Adjusted for estimated Global Valuation changes.

Local Authority 2000 2001 2002 2003 2004 2005 2006 2006**

% %%%%%%%

Arklow Town Council 8.41 9.50 13.87 4.90 12.60 6.96 9.61 11.54 Athlone Town Council 0.11 9.50 12.62 4.72 12.27 7.74 5.97 5.97 Athy Town Council 6.78 9.50 9.92 18.35 20.85 6.98 9.61 11.07 Ballina Town Council 6.07 9.50 7.14 17.05 18.68 6.79 8.05 10.40 Ballinasloe Town Council 6.37 9.50 8.31 5.61 16.77 7.32 9.61 12.04 Birr Town Council 6.70 9.50 18.74 18.04 18.07 7.24 7.60 7.74 Bray Town Council 5.74 9.50 5.61 5.23 11.46 7.52 5.11 8.22 Buncrana Town Council 12.63 24.49 16.54 5.52 13.77 7.26 5.11 5.51 Bundoran Town Council 6.99 21.51 17.68 6.31 15.22 7.50 5.11 5.41 Carlow Town Council 5.98 28.04 6.50 4.74 12.29 6.99 6.92 9.26 Carrickmacross Town Council 32.48 9.50 16.71 17.09 15.63 8.87 7.96 9.16 Carrick-on-Suir Town Council 9.74 21.87 15.73 5.44 13.37 9.20 9.61 11.16 Cashel Town Council 6.95 22.18 20.48 6.17 16.28 7.35 9.61 9.75 Castlebar Town Council 6.20 9.50 7.64 5.29 13.33 6.45 5.11 11.49 Castleblaney Town Council 7.45 9.51 12.51 19.50 22.75 7.93 5.11 5.11 Cavan Town Council 6.52 9.50 22.45 5.67 20.05 7.56 5.11 6.09 Clonakilty Town Council 13.38 20.23 25.66 6.25 15.12 9.01 5.11 6.97 Clones Town Council 6.99 9.50 10.93 6.72 15.99 9.88 9.61 9.68 Cobh Town Council 11.08 9.50 13.78 5.09 12.96 7.45 5.11 6.33 Dundalk Town Council −15.15 9.50 15.88 −0.82 11.37 7.34 5.83 7.03 Dungarvan Town Council 7.45 11.06 7.68 5.31 13.37 7.83 5.11 6.84 Ennis Town Council 5.87 16.51 7.96 16.60 11.92 6.89 5.11 11.16 Enniscorthy Town Council 6.77 39.41 9.55 6.39 12.96 7.48 5.11 5.54 Fermoy Town Council 6.74 28.61 20.85 10.32 20.07 7.41 5.11 5.11 Kells Town Council 14.13 9.61 26.62 16.29 16.22 6.97 5.79 8.83 Killarney Town Council 6.14 53.13 9.51 8.82 18.39 6.77 6.29 8.43 Kilrush Town Council 8.46 9.50 18.45 11.74 17.79 9.14 5.89 6.63 Kinsale Town Council 7.76 9.50 34.47 7.40 17.21 7.00 5.17 5.17 Letterkenny Town Council 6.14 9.50 7.38 5.16 13.10 7.57 5.11 5.11 Listowel Town Council 6.49 9.50 11.36 5.78 14.26 7.35 5.50 5.50 Longford Town Council 13.53 24.69 10.76 5.09 12.96 7.37 5.11 7.61 Macroom Town Council 41.75 9.50 23.62 18.69 21.41 6.99 5.11 5.11 Mallow Town Council 31.31 19.60 12.49 17.44 19.34 7.70 5.11 5.69 Midleton Town Council 21.67 9.50 11.09 6.75 16.03 12.96 5.11 5.11 2265 Questions— 6 April 2006. Written Answers 2266

Local Authority 2000 2001 2002 2003 2004 2005 2006 2006**

% %%%%%%% Monaghan Town Council 6.17 9.50 16.13 4.44 13.06 7.66 5.51 5.51 Naas Town Council 6.34 9.50 37.92 17.21 18.95 12.64 9.61 21.83 Navan Town Council 7.00 9.50 22.54 6.47 15.53 7.76 5.11 5.11 Nenagh Town Council 19.99 9.50 13.65 8.61 13.27 7.17 5.68 6.83 New Ross Town Council 19.73 9.50 8.11 5.51 13.75 13.92 7.54 7.82 Skibbereen Town Council 11.02 16.45 18.54 7.14 16.74 7.45 5.11 5.73 Templemore Town Council 7.15 16.98 23.58 10.80 15.44 14.29 7.76 8.49 Thurles Town Council 6.31 17.47 7.87 5.40 13.53 7.58 7.24 8.41 Tipperary Town Council 9.37 12.68 17.70 5.69 14.09 10.27 9.61 9.67 Tralee Town Council 8.78 22.19 10.85 4.40 11.66 7.39 5.11 5.11 Trim Town Council 6.89 9.50 13.58 6.48 15.53 8.00 6.04 6.41 Tullamore Town Council 6.13 12.94 16.62 7.73 12.81 7.01 5.11 7.83 Westport Town Council 6.50 25.07 11.72 5.57 13.87 6.89 5.11 7.70 Wicklow Town Council 8.53 86.16 6.72 6.53 12.47 7.20 7.79 10.64 Youghal Town Council 24.59 29.58 16.13 5.17 13.11 8.07 5.49 6.30

** Adjusted for estimated Global Valuation changes.

Minister for the Environment, Heritage and 434. Mr. Naughten asked the Minister for the Local Government (Mr. Roche): Capital expen- Environment, Heritage and Local Government diture on schemes approved under the water the funding provided in the year 2000 and each services investment programme is recouped by subsequent year under the water services invest- my Department to local authorities on the basis ment programme to each local authority; the total of progress and spending by authorities on indi- funding allocated by the Department under the vidual projects rather that overall annual allo- programme in each year in question; and if he cations. The amounts recouped to authorities will make a statement on the matter. [14079/06] during the period 2000 to 2005 are set out in the following table.

Table Water Service Investment Programme Recoupments 2000-2005

Local Authority 2000 2001 2002 2003 2004 2005

WSIP WSIP WSIP WSIP WSIP WSIP Arklow Town Council — — — — 324,421.66 429,196.91 Athlone Town Council 1,308,002.91 253,947.62 806,527.47 440,075.14 — — Athy Town Council 56,570.64 ————— Ballinasloe Town Council 25,394.76 — — — 18,896.00 — Birr Town Council 41,964.12 — 29,526.00——— Carlow Co. Council — — 2,928,083.99 2,494,813.62 2,196,263.00 3,919,040.78 Carlow Town Council 801,259.01 — 617,550.20 — 696,846.84 — Cavan Co. Council 4,192,832.21 4,257,935.86 4,637,959.28 3,531,233.57 3,812,265.69 3,146,880.59 Carrickmacross Town Council — 197,539.93———— Clare Co. Council 9,838,175.69 6,001,171.97 7,236,417.00 2,487,756.85 4,341,441.00 7,693,257.00 Clonakility Town Council 130,315.76 — 30,388.52——— Clones Town Council — — 981,933.50 808,539.09 — — Clonmel Borough Council 88,475.06 324,365.68 785,905.40 1,086,083.19 413,486.68 1,190,814.18 Cobh Town Council — — — 331,723.42 — — Cork City Council 24,682,601.03 74,400,819.49 61,796,700.87 43,802,164.82 23,295,930.95 7,667,056.50 Cork North Co. Council — 418,732.95 — 1,135,637.20 3,347,915.98 1,444,634.65 Cork South Co. Council 10,822,785.36 2,895,316.20 1,747,041.03 5,885,469.94 8,450,510.74 1,290,969.16 Cork West Co. Council 1,551,302.24 ————2,423,693.97 Donegal Co. Council 5,352,232.96 8,650,005.65 11,135,791.02 7,702,585.07 8,368,336.72 12,289,654.57 Drogheda Borough Council 9,240,800.49 — — 1,953,323.36 2,760,020.02 — Dublin City Council 82,523,899.94 96,983,552.44 68,021,978.89 35,104,027.84 27,700,903.75 42,516,238.84 Du´ n Laoghaire-Rathdown 2,442,214.93 2,482,879.13 3,992,028.02 3,549,014.31 3,830,698.84 3,608,068.84 Dundalk Town Council 11,138,950.85 2,812,188.83 127,989.60 3,076,124.93 9,809,183.78 — Ennis Town Council 566,731.08 — 850,606.00 542,376.00 — 278,833.00 Enniscorthy Town Council — — — 542,875.92 — — 2267 Questions— 6 April 2006. Written Answers 2268

[Mr. Roche.]

Local Authority 2000 2001 2002 2003 2004 2005

Fermoy Town Council 2,174,067.02 897,892.65 214,268.30 157,634.24 — 17,189.81 Fingal Co. Council 9,795,869.54 19,788,954.83 16,114,622.18 24,163,201.52 10,668,783.67 25,899,979.63 Galway City Council 13,345,566.84 30,110,479.91 21,875,277.01 6,823,649.00 6,459,528.00 3,429,411.00 Galway Co. Council 28,518,468.34 18,537,754.39 9,703,639.67 9,605,697.00 6,134,573.61 8,761,645.75 Kerry Co. Council 7,619,517.64 4,491,485.45 8,219,633.48 6,023,863.97 3,075,196.13 1,365,497.75 Kildare Co. Council 20,173,438.56 5,734,506.96 7,614,366.93 25,052,413.93 13,965,523.86 29,897,849.25 Kilkenny Co. Council 709,676.92 4,103,736.46 3,229,801.48 1,070,956.46 1,161,771.94 864,871.76 Killarney Town Council 409,142.62 ————— Laois Co. Council 1,311,967.41 560,534.43 2,133,078.93 3,451,605.12 3,243,071.56 1,516,256.76 Leitrim Co. Council 777,356.37 4,782,277.87 4,556,359.06 5,934,776.15 4,327,902.10 3,306,036.76 Limerick City Council 32,606,991.94 62,712,898.25 62,305,476.00 37,714,468.00 20,597,367.28 30,087,139.51 Limerick Co. Council 3,103,599.20 2,062,599.36 12,824,265.00 5,795,779.42 3,957,853.47 4,128,164.92 Listowel Town Council — — — — 42,247.20 — Longford Co. Council 1,382,629.13 4,928,214.95 2,010,372.54 376,324.00 588,340.25 770,347.60 Longford Town Council — 121,482.91 — 61,147.38 — 8,619.40 Louth Co. Council 2,702,071.78 634,945.59 1,269,179.36 2,601,951.22 2,665,230.27 3,399,683.14 Macroom Town Council 46,726.36 212,329.83———— Mayo Co. Council 11,970,792.21 32,505,307.51 46,885,728.84 38,531,896.00 28,657,544.00 13,040,251.00 Meath Co. Council 17,667,306.97 11,688,815.00 13,460,428.30 15,810,191.17 22,892,251.09 23,460,532.75 Monaghan Co. Council 1,026,149.95 — 42,438.70 59,080.06 1,495,860.28 1,924,974.90 Monaghan Town Council 7,188,465.88 5,039,337.70 834,842.02 1,966,455.50 1,730,597.05 41,280.70 Nenagh Town Council 205,498.22 — 928,086.00 2,627,955.00 — New Ross Town Council — — — — 600,000.00 — North Tipp. Co. Council 3,494,051.28 1,684,539.92 547,084.73 736,375.84 2,816,072.34 2,109,833.46 Offaly Co. Council 984,686.79 2,695,667.22 5,418,740.46 6,276,950.98 8,217,294.58 7,723,206.65 Roscommon Co. Council 12,048,250.05 794,661.77 1,514,463.00 2,973,202.02 13,095,718.00 3,014,903.92 Skibbereen Town Council — — 131,426.58 — 29,571.00 3,285.64 Sligo Borough Council 2,058,728.46 2,355,008.19 6,875,106.95 2,152,940.88 1,004,177.50 204,313.23 Sligo Co. Council 7,765,932.28 3,221,886.98 1,354,286.37 2,426,921.80 3,412,052.51 3,545,849.16 South Dublin Co. Council 922,817.45 2,665,878.18 803,534.00 11,289,744.41 10,394,348.99 2,287,719.45 Templemore Town Council — — 253,955.00 478,223.00 — 1,685,173.00 South Tipp. Co. Council 6,278,264.23 4,644,270.00 5,128,401.23 6,276,655.23 14,656,654.55 3,366,313.42 Thurles Town Council 569,153.74 ————— Tralee Town Council 137,734.20 — — 99,708.82 132,722.37 9,360.00 Tullamore Town Council 277,470.78 — 484,713.00 — 432,961.59 — Waterford City Council 2,571,845.72 5,503,140.38 6,046,539.56 1,451,617.79 1,154,338.20 3,393,320.72 Waterford Co. Council 2,399,865.56 1,221,686.53 1,596,516.28 5,517,862.43 11,867,522.33 21,980,276.60 Westmeath Co. Council 5,475,664.99 1,632,188.19 2,184,372.96 11,230,551.84 5,452,333.88 2,337,772.81 Wexford Borough Council 1,012,156.47 560,694.75 7,883,091.84 13,805,701.27 1,251,502.52 58,019.69 Wexford Co. Council 5,074,923.10 12,498,894.12 10,918,911.77 4,189,981.17 4,230,598.13 1,469,599.42 Wicklow Co. Council 604,410.17 3,802,443.69 701,773.50 21,788.71 1,988,449.27 5,030,589.65 Youghal Town Council 91,317.02 540,454.64 652,483.39 54,722.39 — 42,047.75

Local Government. former town commissioners such as Bandon Town Council, may take action to promote the 435. Mr. J. O’Keeffe asked the Minister for the community interest; exercise a representational Environment, Heritage and Local Government if role, with an office of mayor and structured link- his attention has been drawn to the fact that Ban- age to the county council; provide local amenities don Town Council is anxious to achieve urban and raise a local community contribution; make council status; the steps that need to be taken to achieve this; and if he will make a statement on local by-laws and have statutory input to the local the matter. [14121/06] development plan process under the planning code. Minister for the Environment, Heritage and Certain town councils, other than former town Local Government (Mr. Roche): The Local commissioners, are responsible under the rel- Government Act 2001 is designed to provide a evant statutory service codes, for certain mainline modern legislative framework for all local auth- functions in the housing, roads and sanitary orities. Under the Act all town councils, including services areas. The Oireachtas, in its comprehen- 2269 Questions— 6 April 2006. Written Answers 2270 sive review and restatement of local government Minister of State at the Department of the legislative powers in recent years, did not extend Environment, Heritage and Local Government responsibility for such mainline functions to (Mr. N. Ahern): Following discussions with a additional town councils and legislation would be number of the main financial institutions, Bank required to amend this position. I am keeping the of Ireland Mortgage Bank and the Educational position generally under review in the ongoing Building Society have introduced mortgage fin- local government modernisation programme with ance products for persons who wish to access the aim of ensuring good accessible service deliv- affordable housing. These products are now avail- ery at town and county level. able consequent to agreement with my Depart- ment on the rankings of the various charges Social and Affordable Housing. including provision for a claw-back as a charge on the property. Discussions are ongoing with a view 436. Ms C. Murphy asked the Minister for the to the entry by other institutions to this segment Environment, Heritage and Local Government if of the mortgage market as soon as possible. In he intends to raise the limit of \165,000 for addition, discussions are continuing to resolve the annuity loans given that this is significantly short issue of persons currently in affordable housing of the cost of affordable houses in many parts of wishing to re-mortgage with private lenders. the country; and if he will make a statement on the matter. [14159/06] Social and Affordable Housing.

Minister of State at the Department of the 439. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government (Mr. N. Ahern): The maximum loan that can be the number of social and affordable houses he has advanced by local authorities for the acquisition been advised will become available in 2006 by or construction of a house was increased to local authorities where those houses are located; \185,000 with effect from 1 January 2006. I have and if he will make a statement on the matter. [14162/06] no proposals to increase this limit further but will continue to keep the matter under review. Minister of State at the Department of the Environment, Heritage and Local Government 437. Ms C. Murphy asked the Minister for the (Mr. N. Ahern): My Department has been pro- Environment, Heritage and Local Government vided with significant investment for the social the guidance his Department has given to local and affordable housing programme for the period authorities on the limits they should set on the 2006-08. Exchequer capital resources for the shared ownership loans; and if he will make a period stand at almost \4 billion and this sum statement on the matter. [14160/06] rises to more than \6.5 billion when non-voted and current spending provisions are included. Minister of State at the Department of the This money will be invested in response to iden- Environment, Heritage and Local Government tified need, with in the region of 23,000 new units (Mr. N. Ahern): The loan limit for the shared of social housing to be commenced and 15,000 ownership scheme was reviewed and increased units of affordable housing to be delivered over with effect from 1 January 2006. The maximum the same period. In addition, further households loan which may advanced by a local authority in will be assisted through the new rental accommo- respect of the share of the dwelling being pur- dation scheme. In total, we expect some 50,000 chased, at a minimum of 40%, is \185,000. households to benefit from various social and However, the cost of the dwelling may exceed affordable housing measures over the coming this amount. Local authorities may also apply a three years. limit that is lower than \185,000 to reflect local As part of this expanded provision it is market conditions, to ensure priority of funding expected that in the region of 6,000 starts will be for lower income groups and to avoid any signifi- achieved under the main local authority housing cant impact on house prices in their area. The construction programme in 2006. The process of setting of a maximum house value and the level examining individual local authority housing con- of mortgage finance advanced is a matter for local struction programmes is currently under way and authorities subject to the maximum loan limit and allocations will be made shortly. By the very nat- the borrower’s ability to repay the loan. ure of the programme delivery of units is dis- persed widely across all local authorities and their Financial Services. many locations. The local authority housing programme is part 438. Ms C. Murphy asked the Minister for the of the wider social and affordable housing prog- Environment, Heritage and Local Government rammes for which the main strategy for delivery the outcome of discussions and progress made is the local authority five-year action plans for with lending institutions on mortgage provision social and affordable housing. The action plans, where a clawback applies; and if he will make a now at their mid-way stage are currently being statement on the matter. [14161/06] reviewed. The review is focussing on examining 2271 Questions— 6 April 2006. Written Answers 2272

[Mr. N. Ahern.] 443. Ms C. Murphy asked the Minister for the how targets have been met in the first two years Environment, Heritage and Local Government of the plan and on incorporating any adjustments the measures he intends to introduce in relation required for the remaining years of the plan, in to water conservation; and if he will make a state- light of performance including expected 2006 out- ment on the matter. [14166/06] puts, and the results of the recent housing needs assessment. The outcome of the reviews will Minister for the Environment, Heritage and ensure that local authorities continue to have a Local Government (Mr. Roche): I refer to the framework for the integrated and cohesive plan- reply to Question No. 233 of 9 March 2006. ning and delivery over the coming years of spec- ific social and affordable housing measures based Local Authority Funding. on their relevant housing strategy. 444. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if 440. Ms C. Murphy asked the Minister for the he intends to introduce, fully or partially, the Environment, Heritage and Local Government Indecon report on local government funding; and the number of sites that have been made avail- if he will make a statement on the matter. able and the amount handed over to local auth- [14167/06] orities in lieu of Part V obligations in 2005; and if he will make a statement on the matter. Minister for the Environment, Heritage and [14163/06] Local Government (Mr. Roche): The recently published report on the financing of local govern- Minister of State at the Department of the ment projects the future expenditure demands on Environment, Heritage and Local Government local authorities and puts forward a number of (Mr. N. Ahern): Part V agreements with devel- recommendations in relation to the financing of opers may include the provision of land, units or the sector. Future expenditure will be met by a sites within the proposed development or off-site combination of the buoyancy in the existing fund- within the functional area of the planning auth- ing system, some additional funding and the ority; the payment of money in lieu of land achievement of efficiencies in service delivery. transfers or a combination of the above options. As regards the existing funding system, there is Figures supplied by local authorities to my significant natural buoyancy in the current Department in respect of 2005 indicate that 57 revenue sources of local authorities. For example, fully or partially developed sites were acquired at local level the valuation base is growing rapidly on foot of Part V agreements with developers. as a result of our continued economic growth. In In addition, approximately \16.4 million has been addition, revenue from motor taxation, which is received in lieu of land transfers and \2.9 million paid directly into the local government fund, con- in withering levies. tinues to increase without any increases in the rates of this taxation. In 2006 the fund will amount to some \1.4 billion. I was in a position Water and Sewerage Schemes. to announce record levels of general purpose 441. Ms C. Murphy asked the Minister for the grants to local authorities from the fund, amount- Environment, Heritage and Local Government ing to some \875 million for 2006. This was an the current water supply demand is in the greater increase of more than 7% on the 2005 allocation Dublin area; the sources that currently supply and a 160% increase on, or 2.5 times, the 1997 that demand; the projected need to 2010; the level. sources that will satisfy that demand; and if he To supplement the existing income sources, a will make a statement on the matter. [14164/06] number of initiatives will be pursued. First, I am considering ways of bringing planning fees, which Minister for the Environment, Heritage and are fixed by regulations, into line with the econ- omic cost of dealing with planning applications. Local Government (Mr. Roche): I refer to the Second, I will introduce legislation to make com- reply to Question No. 235 of 9 March 2006. mercial properties liable for rates from the date of valuation as opposed to the beginning of the 442. Ms C. Murphy asked the Minister for the following year. This will generate more than \25 Environment, Heritage and Local Government million extra a year. Third, to boost income to the progress made on the leak detection project the local government fund, I am tackling motor for water supplies in the greater Dublin area since tax evasion and will be examining a system of its commencement; the further work planned; continuous registration of vehicles. Additional and if he will make a statement on the matter. revenues will be complemented by a range of [14165/06] efficiency initiatives. In partnership with local authorities, I will Minister for the Environment, Heritage and examine the scope for greater sharing of services Local Government (Mr. Roche): I refer to the between authorities and my Department will reply to Question No. 234 of 9 March 2006. develop a standard costing system for the sector 2273 Questions— 6 April 2006. Written Answers 2274 to deliver enhanced management information, plexes or mixed developments is carried out by particularly in relation to unit costs. I am property managing agents, which are commercial developing proposals to enhance arrangements entities engaged by management companies. I for local audit committees in line with best prac- understand that the functions of the new national tice. I will also continue to ensure that the value property services regulatory authority being for money unit in my Department undertakes in- established under the aegis of the Department of depth analyses of local authority activities and Justice, Equality and Law Reform, are to include identifies best practice. the regulation of property managing agents. The availability of good information is a key to With regard to planning conditions and man- good decision making and key financial data for agement companies, the majority of planning local government is now being published on my authorities have indicated, in response to a Department’s website. Some \2 million has been request for information from my Department, set aside this year for an innovation fund to iden- that if they attach planning conditions regarding tify ways of delivering further efficiencies and to the establishment of management companies in disseminate best practice in this regard to all local mixed developments of houses and apartments, authorities. I will announce details of this during they generally do so only in relation to the shared the year. private areas relating to the apartments. In a cir- cular issued to on 26 January 2006 regarding the Housing Grants. taking in charge of estates, planning authorities were informed that the existence of a manage- 445. Ms C. Murphy asked the Minister for the ment company to maintain elements of common Environment, Heritage and Local Government if buildings, carry out landscaping, etc. must not he intends to respond to the recommendation in impact upon the decision by the authority to take the Indecon report on the disabled persons grant; in charge roads and related infrastructure of a and if he will make a statement on the matter. housing estate where a request to do so is made. [14168/06] I am considering whether further advice should issue to planning authorities regarding manage- Minister of State at the Department of the ment companies and planning conditions. Environment, Heritage and Local Government The Deputy will also be aware that a Law (Mr. N. Ahern): I refer to the reply to Question Reform Commission working group is examining No. 232 of 9 March 2006. The position is a range of legal issues regarding management of unchanged. multi-unit structures. The Government will con- sider the recommendations in its final report, Private Rented Accommodation. including the need for any new legislation in this 446. Ms C. Murphy asked the Minister for the area. Environment, Heritage and Local Government the consideration he has given to the regulation Water and Sewerage Schemes. of management companies in mixed devel- 448. Mr. P. Breen asked the Minister for the opments; and if he will make a statement on the Environment, Heritage and Local Government matter. [14169/06] the plans in place to upgrade the water and sewerage services in Killaloe, County Clare; when 447. Ms C. Murphy asked the Minister for the he expects these to commence; and if he will Environment, Heritage and Local Government if make a statement on the matter. [14173/06] he will amend the relevant sections of the Plan- ning and Development Act 2000 to exclude the Minister for the Environment, Heritage and use of management companies, except for multi- Local Government (Mr. Roche): No proposals occupancy dwellings; and if he will make a state- have been received by my Department from ment on the matter. [14170/06] Clare County Council for water or sewerage works in Killaloe, nor were any such proposals Minister for the Environment, Heritage and included in the list of schemes submitted by the Local Government (Mr. Roche): I propose to council in response to my Department’s request take Questions Nos. 446 and 447 together. to local authorities in 2003 to undertake fresh Management companies for residential devel- assessments of the needs for capital works in their opments are generally constituted under the areas. Accordingly, no provision has been made Companies Acts and required to comply with the for a proposal for Killaloe in the Water Services provisions of company law, which comes within Investment Programme 2005-2007. the area of responsibility of the Department of Local authorities have, however, recently been Enterprise, Trade and Employment. I understand asked to carry out new assessments of needs and also that many aspects of the establishment and to review their water and waste water infrastruc- operation of these companies are governed by the tural priorities in light of economic, demographic conveyancing documentation relating to part- and other developments that have taken place icular developments. In many cases, day-to-day since the previous needs assessments were com- management and maintenance in apartment com- pleted. New priorities emerging from this process 2275 Questions— 6 April 2006. Written Answers 2276

[Mr. Roche.] duct their business through the medium of Irish will be reflected in future phases of the water are facilitated and that correspondence received services investment programme. in Irish will be answered in Irish. At present, some 3% of staff surveyed in the Department are Irish Language. available to provide services through the medium of Irish. A number of other staff who may not be 449. Mr. O’Shea asked the Minister for the as fully proficient in the Irish language also Environment, Heritage and Local Government provide limited services through Irish. the percentage of the staff of his Department able My Department’s scheme for the provision of to provide services through Irish; and if he will services through Irish, prepared under section 11 make a statement on the matter. [14191/06] of the Official Languages Act 2003, contains an ongoing commitment to provide appropriate Minister for the Environment, Heritage and training for all staff of the Department in the Local Government (Mr. Roche): My Depart- Irish language both during and outside office ment’s customer service action plan has the hours and to encourage staff to improve their objective to ensure that persons who wish to con- Irish language skills.